Terms & Conditions Delivery

These terms of use (“Terms of Use”) describe the terms on which the delivery partners(“You” or “Your” or “Yourself” or “Delivery Partner”)interested in registering or availing ISZYBY (defined below) and accessing the platform and the mobile application “ISZYBY” owned and operated by Infinite Market Whale LLP(“ISZYBY”) and licensed for use on a revocable, non-exclusive, temporary, non-assignable basis to You,collectively referred to as, the “Platform”, connect with the users registered on the Platform (“Users”) and the merchants registered on the Platform (“Merchants”) to provide Your transportation, delivery and logistics services to them, as may initiated by them on the Platform.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THEPLATFORM OR AVAILING THE ISZYBY SERVICES OR ACCESSING/USING ANY MATERIAL, INFORMATION THROUGH THE PLATFORM. YOUR USE OF THE PLATFORM OR ISZYBY SERVICES SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BELEGALLY BOUND BY THE SAME.

Use of and access to the Platform is offered to You only upon acceptance of all the terms,conditions and notices contained in this Terms of Use, along with any amendments made by ISZYBY at its sole discretion and posted on the Platform. By using the Platform or the ISZYBY, You agree that You have read, understood and agreed to be bound by these Terms of Use and the Platform’s Privacy Policy available at ISZYBY App You hereby acknowledge and agree that ISZYBY is a technology services provider that doesnot (i) provide Delivery Partner/DP Services (defined below), or (ii) function as a transportation/logistics carrier, (iii) operate as an agent for the delivery of good(s)/item(s) purchased, logistic(s) services and/or transportation of passengers.

1. Delivery Partner/DP Services:

You may choose to perform any of the following services to Users and Vendors as per your choice and convenience. You may choose to perform these services as per the shift and timing intimated by ISZYBY.When you click on the accept option upon a notification of a task, you expressly consent each time for providing your services to the User. You agree that You provide services directly to the User or Vendors, as the case maybe.

2. Registration

3. ISZYBY Services

The Platform provides you with the following services (“ISZYBY”)-

4. Provision of DP Services.

5. Delivery Partner’s Relationship with ISZYBY.

6. Delivery Partner’s Relationship with Users.

7. Ratings.

8. Devices.

9. Location Based Services.

10. Delivery Partners and Vehicles

11. Financial Terms

12. Proprietary Rights and License

13. Confidentiality

14. Access to Platform.

a. Notwithstanding these Terms of Use, ISZYBY reserves the right to temporarily or permanently, as it may deem fit, discontinue Your access to the Platform, ISZYBY and/or de-list You from the Platform with immediate effect in the following instances:

15. Eligibility to Use

You shall not have more than one active Account (as defined hereinafter) on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.

16. Third Party Content

The Platform makes available general third-party information and other data from external sources (“Third Party Content”). The provision of Third-Party Content is for general informational purposes only. You acknowledge that the Third-Party Content provided to You is obtained from sources believed to be reliable. ISZYBY does not provide any guarantee with respect to any the Third-Party Content and ISZYBY shall not be held liable for any loss suffered by You based on Your reliance on or use of Third-Party Content. Further, to the extent that such Third-Party Content is infringing upon some other party’s intellectual property rights or proprietary rights, ISZYBY shall not be held liable for the same at any instances.

17. Insurance

Delivery Partner represents and agrees that he or she holds or is otherwise covered by a valid insurance policy of liability insurance, including, but not limited to third party liability insurance (as per industry-standard coverage amounts and in pursuance of mandatory regulatory requirements) with respect to Delivery Partner’s operation of his/her vehicle(s)under these Terms of Use.

18. Warranties, Covenants and Disclaimers

19. Indemnification

You shall indemnify, defend and hold harmless ISZYBY and its affiliates and the irrespective officers, directors, employees, agents, successors and assigns (“Indemnified Parties”) from and against any and all liabilities, losses (including reputational loss and brand value loss caused due to deficiency of services on part of You), demands, expenses(including legal fees and disbursements in connection there with and interest chargeable upon), damages, penalties, fines, social security contributions and taxes asserted against or incurred by the Indemnified Parties arising out of or related to: (i) Your breach of Your representations, warranties or obligations under this Terms of Use; or (ii) a claim by a third party (including Users, Merchant, regulators and governmental authorities) directly or indirectly related to (x) Your provision of DP Services or use of the ISZYBY or the Platform, (y) Your acts of negligence or willful misconduct in performance of this Terms of Use.

20. Limits of Liability.

ISZYBY and its affiliates shall not be liable under or related to this Terms of Use for any of the following, whether based on contract, tort or any other legal theory, even if a party has been advised of the possibility of such damages: (i) any incidental, punitive, special, exemplary, consequential, or other indirect damages of any type or kind; or (ii) Your or any third party’s property damage, or loss or inaccuracy of data, or loss of business, revenue, profits, use or other economic advantage. In no event shall the liability of ISZYBY.You acknowledge and agree that any and all claims You have or purport to have against ISZYBY and/or its affiliates should be notified to ISZYBY and/or its affiliates immediately and no later than 30 days from the event. You forfeit all rights in respect of that claim if You fail to do so. These limitations do not purport to limit liability that cannot be excluded by applicable law.

21. Term and Termination

22. Violation of the Terms of Use