Terms & Condition

These terms of use ("Terms of Use") mandate the terms on which users or visitors (the “Users”) accessing the platform www.ASK NC.IN and any corresponding websites or mobile applications (the “Platform”), owned and operated by ASK NC Digital Private Limited (“ASK NC”).

The Platform may be used by Users to avail ASK NC Services (defined below), through either merchants registered with the Platform (“Tied-up Merchants”), or merchants not registered with the Platform (“Non-tied up Merchants”; both Tied-up Merchants and Non-tied up Merchants shall hereinafter collectively be referred to as “Merchants”, wherever the context so requires or permits) and delivery partners (“Delivery Partners”).

Users are requested to carefully read the Terms of Use before using the Platform or registering on the Platform or accessing any material or information through the Platform. Through the continued use of the Platform, or accepting these Terms of Use at the time of creating an Account, Users accept these Terms of Use and agree to be legally bound by the same. Notwithstanding the generality of the foregoing, ASK NC shall intimate the Users regarding any changes to these Terms of Use annually.

Use of and access to the Platform is offered to Users upon the condition of acceptance of all the terms, conditions and notices contained in these Terms of Use and Privacy Policy, along with any amendments made by ASK NC at its sole discretion and posted on the Platform from time to time and subject to the above, ASK NC grants Users a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform and the ASK NC Services.

1. Eligibility:

• a. The Platform, and by extension, the ASK NC Services, are not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by ASK NC from accessing the Platform for any reason whatsoever. Users represent that they are of legal age to form a binding contract and are not a person barred from receiving, using, availing or accessing the Platform, and by extension, the ASK NC Services under applicable law.

• b. ASK NC reserves the right to refuse access to the Platform, at any time to new Users or to terminate or suspend access granted to existing Users at any time without any reasons for doing so.

• c. Users shall not have more than 1 (one) active Account (as defined below) on the Platform. Additionally, Users are prohibited from selling, trading, or otherwise transferring their Account to another party or impersonating any other person for the purpose of creating an Account with the Platform.

2. Registration:

• a. Subject to the acceptance of all the terms, conditions and notices contained in these Terms of Use and Privacy Policy, along with any amendments made by ASK NC at its sole discretion and posted on the Platform from time to time and subject to the Users’ registration on the Platform through the creation of an Account (as defined below), Users are granted a personal, non-exclusive, non-transferrable, and limited right to access the Platform, avail the ASK NC Services and connect with Merchants and Delivery Partners on the Platform. A User’s ability to continue using the Platform and ASK NC Services is subject to their continued maintenance of an Account on the Platform.

• b. In order to use the Platform and avail the ASK NC Services, Users will have to register on the Platform and create an account with a unique user identity and password (“Account”). Users will be required to enter their personal information including their name, contact details, email address and valid phone number while registering an Account. As part of the registration, Users may be required to undertake a verification process to verify the information provided.

• c. Users agree and accept that the information provided by the User for the creation of their Account is complete, true, accurate and up-to-date. In the event of any change to such information, Users are required to immediately update their Account information. Users acknowledge and accept that ASK NC has not independently verified the information and ASK NC shall in no way be responsible or liable for the accuracy or completeness of any information provided by Users. If Users provide any information that is untrue, inaccurate, not current or incomplete, or ASK NC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ASK NC reserves the right to suspend or terminate the respective User Account and refuse any and all current or future use of the Platform (or any portion thereof) through such User Account, at any time.

• d. Users are responsible for maintaining the confidentiality of the Account information, and are fully responsible for all activities that occur through their Account. Users agree to (i) immediately notify ASK NC of any unauthorized use of their Account, related information or any other breach of security, and (ii) ensure that they exit from their Account at the end of each session. ASK NC cannot and will not be liable for any loss or damage arising from User failure to comply with this provision. Users may be held liable for losses incurred by ASK NC or any other User of or visitor to the Platform due to authorized or unauthorized use of their Account as a result of User failure in keeping their Account information secure and confidential. Use of another User’s Account information is expressly prohibited.

• e. ASK NC shall use User location-based information that is captured by ASK NC through the global positioning system when they use their mobile device or computer to request a ASK NC Service on the Platform. Such location-based information shall be used by ASK NC only to facilitate and improve the ASK NC Services being offered to Users.

• f. In the case where the Platform is unable to establish a unique identity of the User against a valid mobile number or e-mail address, the Account shall be indefinitely suspended. ASK NC reserves the full discretion to suspend a User's Account in the above event and does not have the obligation/liability to share any Account information whatsoever.

3. ASK NC Services:

• a. The Platform provides Users with the following services (collectively, the “ASK NC Services”):

• i. It facilitates Users to connect with Merchants and Delivery Partners to view and purchase products listed on the Platform by Tied Up Merchants (the “Items”) and thereafter allows Users to have the purchased Items delivered through Delivery Partners (“Purchase Services”);

• ii. It facilitates Users to purchase products from non-tied up Merchants and get the same delivered through the Delivery Partners (“Delivery Services”);

• iii. It facilitates Users to have packages picked up- and dropped off from 1 (one) location to the other through Delivery Partners (“PICK UP & DROP Services”);

• iv. It facilitates Users to avail the bike taxi service provided by the Delivery Partners (“Bike Taxi Services”); and

• v. It facilitates Users to avail the bike pool/share service provided by other Users, registered as ‘Pool Partners’ (“Bike Pool Services”).

• b. ASK NC may, at its absolute sole discretion, add, modify, upgrade, extend or withdraw any of the ASK NC Services listed above from time to time, and at its sole discretion. ASK NC does not provide any guarantee that the ASK NC Services will be made available to Users at all times.

• c. Users hereby agree and acknowledge that ASK NC is only a marketplace, and as such, only acts as a facilitator between Users, Merchants and/or Delivery Partners (as the case maybe) in order to initiate transactions with said merchants and/or Delivery Partners. Users hereby agree and acknowledge that ASK NC is not a party to any of the transactions that are initiated between Users, Merchants and/or Delivery Partners through the Platform and ASK NC shall not be liable in any manner or incur any liability with respect to the Items/services/products offered and/or performed by the Merchants or the Delivery Partners, as the case may be. Further, Users hereby agree and acknowledge that ASK NC shall not be liable for the conduct, acts and/or omissions of the Merchants (including their employees and consultants) and Delivery Partners in the course of providing their Items/services/products to Users, or for any loss or damage to Users as a consequence of or in relation to the Items/services/products being provided by the Merchants and/or the Delivery Partners, as the case may be.

• d. Users hereby acknowledge that ASK NC shall not be liable for any damages of any kind arising from their use of the ASK NC Services, including, but not limited to direct, indirect, incidental, punitive, special, exemplary or consequential damages.

• e. When required by ASK NC or under applicable law, Users agree to provide as much information as possible on the Platform with respect to the Items or ASK NC Services sought to be purchased or avail on the Platform. ASK NC shall be entitled at any time without giving any reason, to terminate User requests for any ASK NC Service, provided however that ASK NC shall make best efforts where prudent to inform Users regarding such cancellations and the reasons for the same.

• f. Users hereby agree that ASK NC shall not be liable for any conduct or misbehaviors or actions of Delivery Partner with respect to any transactions initiated on the Platform. Further, Users agree that ASK NC has no control over the Items provided by the Merchants and therefore, ASK NC shall not incur any liability with respect to such Items.

• g. The Products/services displayed on the Platform are dependent on the availability of Merchants and Delivery Partners at the time of the transaction.

• h. ASK NC will not perform any ASK NC Services that may result in any act that is immoral/unethical/unlawful/banned either under applicable law, ASK NC’s Policies (defined below) or at the sole discretion of ASK NC. ASK NC may also refuse to perform any task on the grounds that such task is prohibited under any contract to which ASK NC is a party.

• i. Users understand and acknowledge that ASK NC by itself does not sell or provide any Items. ASK NC is not responsible for the quality, merchantability or fitness of the Items. Accordingly, in the event of any grievances arising from the transaction initiated by Users on the Platform pertaining to purchase or sale of any product from any Merchant, Users may contact ASK NC support for routing your grievances to the Merchant through the Platform.

• j. Users shall intimate any complaints with respect to any ASK NC Services within 24 (twenty-four) hours of using such ASK NC Services.

• k. ASK NC Services cannot be initiated for item(s) which are illegal, hazardous, dangerous, or otherwise restricted or constitute items which are prohibited by any statute or law or regulation. Such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier's cheques, travelers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages (except as specifically provided) or any intoxicant or narcotics and psychotropic substances.

4. Payment Terms

• a. Users shall pay such amount indicated on the Platform with respect to the ASK NC Services availed. Users may be charged a separate service fee (“Service Fees”). The Service Fees shall be paid prior to availing any of the respective ASK NC Services.

• b. Users agree that ASK NC may use certain third-party vendors and service providers, including payment gateways, to process the payments made by Users on the Platform.

• c. Where enabled by the respective Merchant, Users may pay for the respective ASK NC Services through ‘Cash on Delivery’. Users understand and acknowledge that Delivery Partners may not have exact change during the time of payment, and as such, it shall be the Users responsibility to ensure that they provide the exact amount for the ASK NC Services as indicated on the Platform.

5. User Generated Content

• a. Users agree that: (i) after completion of a transaction on the Platform, the Platform will prompt the User with an option to provide a rating and/or comments about the Delivery Partner (with respect to the services performed by the Delivery Partner) and Merchants (with respect to the Items sold/provided by them) (the “User Content”); and (ii) the Delivery Partner and the Tied-Up Merchants may also be prompted to rate the User on the Platform. Based upon such Delivery Partner and Merchant ratings, User rating scores on the Platform will be determined and displayed.

• b. ASK NC and its affiliates reserve the right to use, share and display User Content in any manner in connection with the business of ASK NC and its affiliates, including on the Platform, without attribution to or approval of Users and Users hereby consent to the same. ASK NC and its affiliates reserve the right to edit or remove User Content in the event that such User Content include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws or ASK NC’s Policies or its affiliates’ content policies.

6. Cancellation and Refund

• a. ASK NC shall confirm and initiate the execution of the transaction initiated by Users upon receiving confirmation from Users for the same. If Users wish to cancel a transaction on the Platform, they shall select the cancel option on the Platform. It is to be noted that Users may have to pay a cancellation fee for transactions initiated on the Platform for which work has already been commenced by the Delivery Partner or the Merchant, as the case may be. With respect to work commenced by Merchants the cancellation fee will be charged to such Users which will be in accordance with the cancellation and refund policies of such Merchants.

• b. ASK NC may cancel transactions initiated by Users on the Platform, on the instructions of the Merchants/Delivery Partners, if :

• The designated address provided by Users is outside the service zone of the Merchant/Delivery Partner.

• There is no User response via phone or any other communication channel at the time of confirmation of the order booking.

• The transaction involves supply/delivery/purchase of any material good that is illegal, offensive or violative of the Terms of Use.

• The User is not physically present or is unreachable once the Delivery Partner reaches the designated delivery location, for a period in excess of fifteen (15) minutes.

• Information, instructions and authorisations provided by Users are not complete or sufficient to execute the transaction.

• If any Merchant’s outlet is closed.

• If a Delivery Partner is not available to perform the services.

• If any Item or product is not in stock with the Merchant.

• If the transaction cannot be completed for reasons not in control of ASK NC.

• c. Users shall only be able to claim refunds for transactions initiated if they have already pre-paid the fees with respect to such transaction. Subject to relevant Merchant’s refund policy and in accordance therein, Users shall be eligible to get the refund in the following circumstances:

• The package has been tampered or damaged at the time of delivery, as determined by ASK NC basis the parameters established by ASK NC in its sole discretion.

• If the wrong Item has been delivered to Users, which does not match with the Item for which the Users had initiated a transaction on the Platform, provided however, that such change in Item was not previously communicated to the User.

• ASK NC has cancelled the order because of any reason mentioned 

• d. All decisions with respect to refunds will be at the 

• sole discretion of ASK NC and in accordance with ASK NC’s internal refund policy and the same shall be final and binding. All refunds initiated by ASK NC shall be refunded to the financial source account from which Users have initiated the transaction on the Platform.

7. Representations and Warranties

• a. Subject to compliance with the Terms of Use, ASK NC grants Users a non-exclusive, limited privilege to access and use this Platform and the ASK NC Services.

• b. Users agree to use the Platform only: (i) for purposes that are permitted by this Terms of Use; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines. Users agree not to engage in activities that may adversely affect the use of the Platform by ASK NC or Delivery Partner(s) or Merchants or other Users.

• c. Users represent and warrant that they have not received any notice from any third party or any governmental authority and no litigation is pending against them in any court of law, which prevents them from accessing the Platform and/or availing the ASK NC Services.

• d. Users represent and warrant that they are legally authorised to view and access the Platform and avail the ASK NC Services.

• e. Users agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by ASK NC. Users shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any ASK NC Property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.

• f. Users acknowledge and agree that by accessing or using the Platform, they may be exposed to content from others that they may consider offensive, indecent or otherwise objectionable. ASK NC disclaims all liabilities arising in relation to such offensive content on the Platform.

• g. Further, Users undertake not to:

• defame, abuse, harass, threaten or otherwise violate the legal rights of others;

• publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, disparaging, ethnically objectionable, obscene, indecent or unlawful topic, name, material or information;

• do any such thing that may harms minors in any way;

• copy, republish, post, display, translate, transmit, reproduce or distribute any ASK NC Property through any medium without obtaining the necessary authorization from ASK NC;

• conduct or forward surveys, contests, pyramid schemes or chain letters;

• upload or distribute files that contain software or other material protected by applicable intellectual property laws unless such Users own or control the rights thereto or have received all necessary consents;

• upload or distribute files or documents or videos (whether live or pre-recorded) that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer;

• engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);

• attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any ASK NC server, or through the Platform, by hacking, password mining or any other illegitimate means;

• probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. Users may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided on the Platform;

• disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;

• collect or store data about other Users, Merchants, Delivery Partner in connection with the prohibited conduct and activities set forth herein;

• use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;

• use the Platform or any material or ASK NC Property for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;

• falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

• impersonate any other User, Merchant, Delivery Partner or person;

• violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;

• violate the Terms of Use contained herein or elsewhere;

• threatens the unity, integrity, defence, security or sovereignty of India, friendly relation with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting for any other nation; and

• reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

• h. Users agree and acknowledge that the use of the ASK NC Services offered by ASK NC is at their sole risk and that ASK NC disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.

• i. Without prejudice to the above, ASK NC makes no representation or warranty that the ASK NC Services will meet the Users requirements.

• j. All materials/content on the Platform (except any third-party content available on the Platform), including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by ASK NC. Users acknowledge and agree that the Material is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in our Platform, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose other than the purposes stated under this Terms of Use, by any person or entity, without ASK NC’s prior express written permission. Users may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize our Platform or any part of the Material for any purpose other than its intended purposes is strictly prohibited. Subject to the above restrictions under this Clause, ASK NC hereby grants Users a non-exclusive, freely revocable (upon notice from ASK NC), non-transferable access to view the Material on the Platform.

8. Intellectual Property Rights

• a. The Platform and process, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, algorithm and computer code (and any combination thereof), compilations and databases of Accounts and Account details, except any third party software available on the Platform, is owned by ASK NC (“ASK NC Property”) and the design, structure, selection, co-ordination, expression, look and feel and arrangement of such ASK NC Property is protected by copyright, patent and trademark laws, and various other intellectual property rights. Users are not permitted to use ASK NC Property without the prior written consent of ASK NC.

• b. The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of ASK NC, except any trademark, logos and service marks of third parties available on the Platform. Users are not permitted to use the Marks without the prior consent of ASK NC or such third party as may be applicable.

• c. If any User believes the Platform violates their intellectual property, such User must promptly notify ASK NC in writing at legalnotices@ASK NC.IN These notifications should only be submitted by the owner of the intellectual property or an agent duly authorized to act on his/her behalf. However, any false claim by a User may result in the termination of such User’s access to the Platform. Users are required to provide the following details in their notice:

• the intellectual property that the User believe is being infringed;

• the item that the User think is infringing and include sufficient information about where the material is located on the Platform;

• a statement that the User believes in good faith that the item the User has identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;

• the User’s contact details, such as the User’s address, telephone number, and/or email;

• a statement that the information provided in the User’s notice is accurate, and that the User is the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and

• the User’s physical or electronic signature.

9. Disclaimer of Warranties & Liabilities

• a. Users expressly understand and agree that, to the maximum extent permitted by applicable law:

• The Platform, and ASK NC Services are provided by ASK NC on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, ASK NC makes no warranty that (i) the Platform, ASK NC Services will meet User requirements or use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the quality of the Platform will meet User expectations; or (iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by Users from ASK NC shall create any warranty not expressly stated in the Terms of Use.

• ASK NC will have no liability related to any User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. ASK NC also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.

• ASK NC will not be liable for any loss that Users may incur as a consequence of unauthorized use of their Account or Account information in connection with the Platform either with or without their knowledge.

• ASK NC shall not be responsible for the delay or inability to use the Platform, ASK NC Services or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, ASK NC shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond ASK NC's control. Users understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at their own discretion and risk, and that they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data.

10. Indemnification and Limitation of Liability

• a. Users agree to indemnify, defend and hold harmless ASK NC and its affiliates including but not limited to its officers, directors, consultants, agents and employees (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any obligation, covenant, representation or warranty by Users pursuant to these Terms of Use. Further, Users agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, such Users use of the Platform, ASK NC Services, any misrepresentation with respect to the data or information provided by Users in relation to their Account, Users violation of the Terms of Use, or Users violation of any rights of another, including any intellectual property rights.

• b. In no event shall the Indemnitees be liable to Users or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with their use of or access to the Platform or ASK NC Services on the Platform.

• c. Users indemnification obligation under the Terms of Use will survive the termination of their Account or use of the Platform or ASK NC Services.

• d. Subject to applicable laws, in no event will ASK NC or its employees aggregate liability, arising from or related to the ASK NC Services or the use of the Platform, exceed INR 100 for any and all causes of actions brought by Users or on behalf of Users.

• e. The Platform and the ASK NC Services are only available to Users located in India. Users shall not access or use the Platform from any other jurisdiction except for India. If a User accesses or uses the Platform from any other jurisdiction except for India, the User shall be liable to comply with all applicable laws and ASK NC shall not be liable for the same, whatsoever.

11. Grievance Officer

In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:

Grievance Officer: Senthil kumar
Designation: Associate Director - Strategy & New Initiatives
Email: askncpritavelimited.gmail.com

12. Violation of the Terms of Use

Users agree that any violation by Users of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to ASK NC, as the case may be, for which monetary damages would be inadequate, and Users consent to the ASK NC obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the ASK NC may have at law or in equity. If ASK NC takes any legal action against Users as a result of their violation of these Terms of Use, ASK NC is entitled to recover from Users , and Users agree to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

13. Additional Terms

ASK NC may also require Users to follow additional rules, guidelines, policies or other conditions in order to participate in certain promotions or activities available through the Platform (the “Policies”). These Policies shall form a part of these Terms of Use, and Users agree to comply with them when they participate in those promotions, or otherwise engage in activities governed by such additional terms.

14. Link to Third Parties

The Platform may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). ASK NC shall not be responsible for examining or evaluating such third-party websites, and ASK NC does not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of such third-party websites. ASK NC does not assume any responsibility or liability for the actions, product, and content of any such third-party websites. Before any Users use/access any such third-party websites, they should review the applicable terms of use and policies for such third-party websites. If Users decide to access any such linked third party website, they do so at their own risk.

15. Term and Termination

a. These Terms of Use will continue to apply until terminated by either the User or ASK NC as set forth below.

b. If the User objects to the Terms of Use or are dissatisfied with the Platform or ASK NC Services, they can (i) close their Account through the Platform or by writing to account delete @ASK        NC.IN; and (ii) stop accessing the Platform.

c. ASK NC may, in its sole discretion, bar any User’s use of the Platform or the ASK NC Services at any time, for any or no reason. Even after an Account with ASK NC is disabled, made dormant or inactive, these Users shall remain liable for all their uncleared dues with respect to the Merchant Services.

d. ASK NC may delist any User or block their future access to the Platform or suspend or terminate their Account if it believes, in its sole and absolute discretion that they have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically.

e. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until ASK NC chooses to terminate them.

f. Users hereby agree and acknowledge, upon termination, ASK NC shall have the right to retain all information pertaining to the transactions initiated by Users on the Platform.

16. Governing Law

These Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Bangalore.

17. Report Abuse

a. In the event Users come across any abuse or violation of these Terms of Use or if they become aware of any objectionable content on the Platform, they can report the same to the following e-mail id: support@asknc.in In case Users have any queries with respect to these Terms of Use or the ASK NC Services, please write to support@ASK NC.IN

18. Communications

a. The User hereby expressly agrees to receive communications by way of SMSs and/or e-mails and/or WhatsApp from ASK NC, or other third parties. The User can unsubscribe/ opt-out from receiving communications through SMS, WhatsApp and email anytime either through the specific channels of communication or by contacting customer support, provided however, that Users may still receive communications with respect to their use of the ASK NC Service.

19. General

• a. Amendments: ASK NC reserves the unconditional right to modify or amend this Terms of Use , Privacy Policy and Policies without any requirement to notify Users of the same. Users can determine when this Terms of Use was last modified by referring to the “Last Updated” legend above. It shall be the User’s responsibility to check these Terms of Use, Privacy Policy and Policies periodically for changes. The User’s acceptance of the amended Terms of Use or continued use of the Platform shall signify their consent to such changes and agreement to be legally bound by the same.

• b. Notice: All notices from ASK NC will be served by email to the User’s registered email address or by general notification on the Platform.

• c. Assignment: Users cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. ASK NC’s rights under the Terms of Use are freely transferable by ASK NC to any third party without the requirement of informing the User or seeking their consent.

• d. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

• e. Waiver: Any failure by ASK NC to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by ASK NC of that provision or right.

• f. Integration: These Terms of Use together with ASK NC’s Privacy Policy and Policies and any other legal notices, communications published by ASK NC on its Platform, and any other agreements executed between the User and ASK NC shall constitute the entire agreement between the User and ASK NC concerning its Platform, ASK NC Services and governs the User’s use of the Platform and ASK NC Service, superseding any prior agreements between the User and ASK NC with respect to the Platform and ASK NC Services.

Purchase Services Policy

1. General Terms and Conditions

• a. Notwithstanding the generality of the Terms of Use, these terms and conditions specifically apply to the Purchase Services.

• b. In case of Purchase Services, it is the duty of the Tied-up Merchants to share an updated Item list along with its prices on the Platform. ASK NC shall not be responsible for any inaccurate Item listing on the Platform. Further, Users agree and acknowledge that it may not be possible for the Tied-up Merchants to list out the exact price or prices of certain Items (including those that are perishable in nature) on the Platform.

2. Medicine Purchase

• a. Users purchasing any medicines/pharmaceutical medicinal product, using the Platform, for which a valid prescription from a registered medical practitioner is required will have to upload the corresponding prescription. It is the User’s responsibility to ensure that a clear copy of the valid prescription is uploaded while initiating the transaction, failing which, ASK NC reserves the right to terminate the Purchase Service, and initiate appropriate action against the User at its sole discretion.

3. Alcohol Purchase

• a. In designated States where permitted (the “Designated States”), ASK NC may facilitate the listing and sales of alcoholic beverages from Tied-up Merchants having obtained the necessary licenses and corresponding delivery by Delivery Partners in compliance with the applicable excise rules/policies (the “Excise Policies”) in such Designated State.

• b. Only Users that are over twenty-one (21) years of age or such higher age as may be specified in the Excise Policies are permitted to avail the Purchase Services with respect to alcoholic beverages. In this regard, the User agrees to undergo and complete the mandatory age verification process on the Platform, by furnishing the requisite documents, before the purchase. Users undertake to provide valid and legible documents for the purpose of verification, failing which they will not be allowed to access the Platform for the purchase of alcoholic beverages. Users shall be solely liable as to the veracity of the documents provided by them. ASK NC undertakes no liability in this regard.

• c. Users may also be required to provide appropriate proof of age at the time of Item delivery. ASK NC reserves the right to unilaterally terminate the Purchase Service if appropriate documents have not been provided, and in the event appropriate proof is not provided at the time of delivery, to terminate the transaction with no refunds to the User.

• d. Upon placing an order for alcoholic beverages on the Platform, the Users will receive a One Time Password (OTP), which is mandatorily required to be provided to the Delivery Partner at the time of delivery. If the OTP is not provided, or is incorrect at the time of delivery, ASK NC reserves the right to terminate the transaction with no refunds to the User. Users undertake that they will not share the OTP with any person below the legal drinking age to collect the delivery on their behalf.

• e. No refunds shall be provided for any orders placed for alcoholic beverages once accepted by the Tied-Up Merchants.

• f. Users understand and confirm that alcoholic beverages procured from Tied-Up Merchants are sold as an as-is basis, and no complaints regarding the temperature, damage to the outer packaging or delayed delivery will be entertained.

• g. Users shall ensure that no Purchase Services are initiated:

• for delivery in or within a specific distance (as prescribed under applicable law) from public locations, such as educational institutions, religious places, places of worship, hospitals, healthcare establishments, etc.; and

• or quantities in excess of the permissible limit as per the extant Excise Policies, or such other limits as may be intimated by ASK NC from time to time.

• f. If the User is not physically present or is unreachable once the Delivery Partner reaches the designated delivery location, for a period in excess of fifteen (15) minutes, ASK NC reserves the right to unilaterally terminate the transaction with no refunds to the User.

4. Tobacco Purchase

• a. ASK NC facilitates the listing and sale of tobacco and tobacco products by Tied-up Merchants and the corresponding delivery by Delivery Partners to Users that are over eighteen (18) years of age or such higher age as may be specified under applicable law. In this regard, the User agrees to undergo and complete the mandatory age verification process on the Platform, by furnishing the requisite documents, before the purchase. Users undertake to provide valid and legible documents for the purpose of verification, failing which they will not be allowed to access the Platform for the purchase of tobacco products. Users shall be solely liable as to the veracity of the documents provided by them. ASK NC undertakes no liability in this regard.

• b. Users may also be required to provide appropriate proof of age at the time of delivery. ASK NC reserves the right to unilaterally terminate the Purchase Service if appropriate documents have not been provided, and in the event appropriate proof is not provided at the time of delivery, to terminate the transaction with no refunds to the User.

• c. Users shall ensure that no Purchase Services are initiated for delivery in or within a specific distance (as prescribed under applicable law) from public locations, such as educational institutions, religious places, places of worship, hospitals, healthcare establishments, etc.; and

5. Payment Terms

• While initiating a request for a Purchase Service, Users shall pay for the price of the Items as indicated on the Platform upfront. The transaction for the Purchase Service will be initiated on the Platform once the payment has been completed. In certain exceptional circumstances, where the purchase price of the Item is not available on the Platform or Items that are perishable in nature or Item whose price varies periodically or where the User is offered an alternate Item when the original Item is not in stock, the Delivery Partner upon reaching the Merchant outlet shall intimate User about the Item price and User shall be required to confirm the purchase of the Item and make the payment for the same to complete the transaction, however if User do not confirm the purchase of the Item and do not make payment for the Item, User shall pay such fees as may be communicated to You on the Platform for the efforts of the Delivery Partner.

Delivery Services Policy

Notwithstanding the generality of the Terms of Use, these terms and conditions specifically apply to the Delivery Services are to be read in consonance with the Terms of Use.

1. Delivery Services:

• a. The PICK UP & DROP Services allow for Users to connect with Delivery Partners and Non-tied up Merchants, to fulfil tasks raised by such Users, including, tasks to purchase, pick up and drop items (the “User Items”) from Non-tied up Merchant locations (“Pick-Up Location”) and to drop to another location (“Drop Location”), each a “Delivery Task”. It is expressly clarified that ASK NC merely acts as a technology platform to facilitate Delivery Tasks initiated on the Platform and ASK NC does not assume any responsibility or liability for any form of deficiency of services on part of the non-tied up Merchants or the Delivery Partner.

• b. Upon initiation of a request for a Delivery Task, depending upon the availability and acceptance of the Delivery Partner, a Delivery Partner is assigned to such task. The Delivery Partner shall send photos of the User Items on the Platform (“User Item Picture/(s)”) along with the corresponding value on the Platform for User Confirmation. Users are instructed to cautiously review and confirm the Users Item Pictures prior to initiating payment. User Confirmation of the User Item Pictures shall be relied upon by the ASK NC in case any dispute is raised between a User and the Delivery Partner. In case, the User Item Picture/(s) is different from the User Item listed on the Platform, Users should immediately reach out to the assigned Delivery Partner and request them to share the correct User Item Picture/(s). User confirmation to a User Item Picture shall be construed as a deemed acceptance for the modified/different User Item.

2. In using the Delivery Services, the Users understand, agree, acknowledge and accept that:

• a. The Delivery Partners’ engagement with ASK NC is on a principal to principal, non-exclusive and voluntary basis. No control is exercised by ASK NC on the Delivery Partners and there is no employer-employee relationship between ASK NC and the Delivery Partners.

• b. Acceptance of a Delivery Task by a Delivery Partner shall constitute an independent contractual arrangement for services between Users and the Delivery Partner.

• c. ASK NC is not responsible for any non-performance or breach of any Delivery Task by the Delivery Partners. ASK NC does not guarantee the performance of any Delivery Task by the Users or the Delivery Partners respectively, of any Delivery Task initiated on the Platform.

• d. ASK NC is not a retail store, restaurant, food delivery service, merchandise delivery service, a courier or shipping service or food preparation entity. ASK NC operates an online marketplace and does not at any point of time during any transaction hold any right, title or interest over the items being transported pursuant to any Delivery Task.

• e. The Pick-Up Location and the Drop Location have been voluntarily added by the User on the Platform, and the User’s location data is collected in accordance with the Terms of Use and Privacy Policy.

• f. Users are aware of the items to be transported through a Delivery Task, and that Delivery Tasks cannot be initiated, for item(s) which are illegal, hazardous, dangerous, or otherwise restricted or constitute items which are prohibited by any statute or law or regulation. Such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewelry, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier's cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages or any intoxicant or narcotics and psychotropic substances.

• g. Delivery Tasks cannot be raised for dispatch of item(s) which require a special transportation permit or require any special license under applicable law.

• h. Upon becoming aware of the commission any offence or intention to commit any offence during a Delivery Task, Delivery Partners may report such information to the law enforcement authorities.

• i. The Delivery Partner shall upon reaching the non-tied up Merchant outlet shall intimate Users about the User Item price and Users shall be required to confirm the purchase of the User Items. Users shall make the payment for the same to complete the transaction.

3. Payments

While availing Delivery Service, Users shall pay the purchase price of the User Items through the Platform, as may be communicated by the Delivery Partner on behalf of the Non- Tied up Merchant. Only upon processing such an agreed amount via Platform, shall the Delivery Partner purchase the User Items and complete the Delivery Service.

4. Cancellations

Delivery Tasks are not entitled to be cancelled once confirmed on the Platform. Cancellation post confirmation shall be subject to a cancellation fee as indicated to you on the Platform.

ASK NC Cash - Terms and Conditions

The following are applicable to ASK NC Cash (“ASK NC Cash”). These terms are in addition to and will be read with the Terms of Use

• 1. ASK NC Cash is a form of redemption points given by ASK NC to Users on the Platform either at the time of Account creation, through the referral ("Referral program") or through any other mode as may be indicated by ASK NC.

• 2. The quantum of ASK NC Cash issued, the maximum amount of ASK NC Cash that can be used per order and the validity of ASK NC Cash may vary from time to time and will be indicated to Users on the Platform.

• 3. ASK NC Cash cannot be converted into actual currency or be withdrawn or transferred to another Users in any way.

• 4. ASK NC Cash is only to be used for the personal use of Users. ASK NC Cash cannot be used for business or corporate purposes. Exploiting the use of ASK NC Cash or assisting others to exploit ASK NC Cash is strictly prohibited, and will result in suspension/termination from use of ASK NC Cash and use of the Platform.

• 5. ASK NC Cash may not be applicable for certain ASK NC Services and in certain geos, as per the independent discretion of ASK NC.

• 6. ASK NC Cash cannot be clubbed with any other discount or offer run on the Platform.

• 7. In case of any issue pertaining to the quantum of ASK NC Cash, usage of ASK NC Cash etc., the independent decision made by ASK NC shall be final and binding. Further, in the event, the ASK NC has reasons to believe that a User has acted fraudulently for availing ASK NC Cash or has used ASK NC Cash in a manner inconsistent with this Policy, ASK NC shall upon investigation have the right to suspend the User. Further, pending investigation, the User shall not be entitled to use ASK NC Cash available with them.

ASK NC Referral Programme

• 1. The ASK NC referral programme is a reward program initiated to encourage eligible Users to refer the Platform to their friends and family.

• 2. Each eligible User (a “Referee”) is provided with a referral code, which they may choose to share with people known to them personally and have consented to receive such referral code.

• 3. Each new User (a “Referred User”) shall receive ASK NC Cash upon them entering the referral code shared by the Referee during the Account creation process.

• 4. A Referee shall receive ASK NC Cash upon the Referred User using the Platform for a task valued at not less than INR 50/- (Indian Rupees Fifty only), within the first 7 (seven) days of the Referred User creating an Account

• 5. Each Referee can refer up to a maximum of 10 (ten) Referred Users.

• 6. Referees must refer and distribute the referral codes only to people known to them personally and have consented to receive such referral code. Referees must not send bulk and spam emails to distribute the referral code nor must users post it on any public platform for distribution to strangers. Any violation of these terms will immediately lead to disqualification of use of the Platform.

• 7. Upon a Referee reaching the maximum number of referrals, the referral code shall become invalid.

• 8. In case of any issue pertaining to the eligibility to refer or be referred, the independent decision made by ASK NC shall be final and binding. For any issue pertaining to receipt of ASK NC Cash, please write to support@ASK NC.IN.

• 9. Referees must not refer themselves or create multiple, fictitious or fake accounts with ASK NC. In addition, Referees and their Referred Users cannot: (i) use ASK NC Cash to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed unfair, disruptive, harassing, harmful, illegal; (ii) collect or harvest any personally identifiable information from the referral program; or (iii) use any system, bot or other device to participate or receive any benefit through the referral programme.

ASK NC reserves the right to terminate the Referral Programme or modify these terms at any point in time, without notice to users.

Pick Up and Drop Off Terms

Notwithstanding the generality of the Terms of Use, these terms and conditions specifically, apply to the PICK UP & DROP Services are to be read in consonance with the Terms of Use.

• 1. PICK UP & DROP Services:

• a. The PICK UP & DROP Services allow for Users to connect with Delivery Partners, to fulfil tasks raised by such Users, including, tasks to pick up and drop items (the “User Items”) from one location (“Pick-Up Location”) and to drop to another location (“Drop Location”), each a “PICK UP & DROP Task”. It is expressly clarified that ASK NC merely acts as a technology platform to facilitate PICK UP & DROP Tasks initiated on the Platform and ASK NC does not assume any responsibility or liability for any form of deficiency of services on part of the Delivery Partner.

• b. Upon initiation of a request for a PICK UP & DROP Task, depending upon the availability and acceptance of the Delivery Partner, a Delivery Partner will be assigned to such task. The Delivery Partner shall pick up the User Items from the Pick-Up Location and drop off the User Items at the Drop Location.

• 2. In using the PICK UP & DROP Services, the Users understand, agree, acknowledge and accept that:

• a. The Delivery Partners’ engagement with ASK NC is on a principal to principal, non-exclusive and voluntary basis. No control is exercised by ASK NC on the Delivery Partners and there is no employer-employee relationship between ASK NC and the Delivery Partners.

• b. Acceptance of a PICK UP & DROP Task by a Delivery Partner shall constitute an independent contractual arrangement for services between Users and the Delivery Partner.

• c. ASK NC is not responsible for any non-performance or breach of any PICK UP & DROP Task by the Delivery Partners. ASK NC does not guarantee the performance of any PICK UP & DROP Task by the Users or the Delivery Partners respectively, of any PICK UP & DROP Task initiated on the Platform.

• d. ASK NC is not a retail store, restaurant, food delivery service, merchandise delivery service, a courier or shipping service or food preparation entity. ASK NC operates an online marketplace and does not at any point of time during any transaction hold any right, title or interest over the items being transported pursuant to any PICK UP & DROP Task.

• e. The Pick-Up Location and the Drop Location have been voluntarily added by the User on the Platform, and the User’s location data is collected in accordance with the Terms of Use and Privacy Policy.

• f. They are aware of the items to be transported through a PICK UP & DROP Task, and that PICK UP & DROP Tasks cannot be initiated, for item(s) which are illegal, hazardous, dangerous, or otherwise restricted or constitute items which are prohibited by any statute or law or regulation. Such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewelry, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier's cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages or any intoxicant or narcotics and psychotropic substances.

• g. PICK UP & DROP Tasks cannot be raised for dispatch of item(s) which require a special transportation permit or require any special license under applicable law.

• h. Upon becoming aware of the commission any offence or intention to commit any offence during a PICK UP & DROP Task, Delivery Partners may report such information to the law enforcement authorities.

• 3. Payments

While initiating a PICK UP & DROP Task, Users shall pay the corresponding service fees as displayed on the Platform upfront. Only on successful receipt of the service fee, will the Delivery Partner initiate/complete the PICK UP & DROP Task.

• 4. Cancellations

PICK UP & DROP tasks are not entitled to be cancelled once confirmed on the Platform. Cancellation post confirmation shall be subject to a cancellation fee as indicated to you on the Platform.

Delivery Partner Terms of Use

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 ASK NC Services (defined below) and accessing the platform www.ASK NC.com and the mobile application “ASK NC” owned and operated by ASK NC Digital Private Limited (“ASK NC”) 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 THE PLATFORM OR AVAILING THE ASK NC SERVICES OR ACCESSING/USING ANY MATERIAL, INFORMATION THROUGH THE PLATFORM. YOUR USE OF THE PLATFORM OR ASK NC SERVICES SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY 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 ASK NC at its sole discretion and posted on the Platform. By using the Platform or the ASK NC Services, 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 https://www.ASK NC.IN/privacy.

You hereby acknowledge and agree that ASK NC is a technology services provider that does not (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 Merchants as per your choice and convenience. You may choose to perform these services on any day of the week and for as long as you may wish for. 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 Merchant, as the case maybe.

• a. Transportation/ Delivery Services from Merchant Establishments. You acknowledge that the Users may place orders with Merchants listed on the Platform through the Platform to purchase products/avail services (“Items”) from the Merchants. In this regard, you shall provide transportation/delivery services from the Merchant establishment to the location specified by the User with respect to the transactions initiated by the User on this Platform (“Delivery Services”). Unless otherwise specified, you hereby agree that while performing Delivery Services pertaining to the Item from the Merchant to the User, you acknowledge that ASK NC is only a facilitator of the transactions that take place on the Platform and ASK NC shall not be a party to any transaction that is initiated on the Platform. You shall be responsible for safely delivering the Items to the Users or to any person as may be specified by the User.

• b. Pick Up and Drop Off Services. You acknowledge that Users may initiate a transaction on the Platform by which You will be required to pick up packages/Items from a particular location and drop off the packages/Items at another location (“Pick Up and Drop Off Services”). You agree that before pick up of Item you shall ensure the packaging is not tempered, lose or broken. You further agree that before dropping off the packages, you shall take reasonable measures to ensure that the packages/Items are dropped off at the correct drop off location in original condition/packaging and handed over to the correct person. You shall be responsible for safely delivering the Items to the Users or to any person as may be specified by the User.

• c. Purchase Items. You acknowledge that Users may initiate a transaction on the Platform by which You would be required to purchase any Item for the User (“Purchase Services”). It is hereby clarified and acknowledged by You that your services to the User is concluded only upon the Item being delivered to the User.

• You further agree and acknowledge that for any of the Services mentioned above, you shall act as an agent of the User and act in accordance with the instructions provided by the User and ASK NC will not be responsible for the Item purchased or for any loss/damage caused to the Item during transit.

• d. Bike Taxi. You acknowledge that in specific permissible Territories, User may initiate transactions on the Platform requesting for transportation services from You (“Bike Taxi Services”). You shall provide the Bike Taxi Services using Your vehicle, which is so permitted to be used for Bike Taxi Services. You acknowledge and agree that while performing the Bike Taxi Services, you shall act in accordance with the instructions provided by the User.

• e. Bike Pool. You acknowledge that in specific permissible Territories, User may initiate request for shared transportation from You (“Bike Pool Services”). You shall assist the User to commute between certain locations en-route to your final destination using Your vehicle. You acknowledge and agree that the Bike Pool Services is not intended for commercial use and is meant to share the cost of the ride.

• f. For the purposes of this Terms of Use, Delivery Services, Pick Up and Drop Off Services, Purchase Services, Bike Taxi Services, and Bike Pool Services shall hereinafter together be referred to as the “DP Services”.

• g. You shall provide the DP Services, only in the applicable Territory in accordance with these Terms of Use and applicable law. For the purposes of this Terms of Use “Territory” means the city or metro areas in the territory of India, which Delivery Partners are enabled by the Platform to receive requests for DP Services.

2. Registration

• a. You shall be permitted to access the Platform, avail the ASK NC Services and connect with the Users and Merchants on the Platform, as the case maybe, to provide DP Services only upon creating an Account (defined below) and obtaining a registration on the Platform. Your ability to continue using the Platform, avail ASK NC Services and provide DP Services is subject to Your continued registration on the Platform. To register, you are required to provide all required details as may be sought by ASK NC. It is your responsibility to provide all your current, updated and requisite details. You shall be required to provide ASK NC, at the time of registration, forthwith upon any revision, and at any time on ASK NC’s request, with information and documentary evidence pertaining to You, any authorizations that You may have, contact details and other details as requested by ASK NC. The document/information that ASK NC may need from Your end shall be intimated to You from time to time. ASK NC reserves the right to independently verify Your documentation from time to time in any way ASK NC deems appropriate in its reasonable discretion.

• b. Upon registration on the Platform, you will receive a Delivery Partner Identification Number (“DP ID”). The DP ID is specific to You only. You are responsible for all DP Services provided under the DP ID allocated to You.

• c. You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account. You agree to immediately notify ASK NC of any unauthorized use of Your Account information or any other breach of security. It is a good practice to exit from your Account at the end of every session. ASK NC cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by ASK NC or any other User of or visitor to the Platform due to authorized or unauthorized use of Your Account. Use of another Delivery Partner’s Account information for using the Platform is expressly prohibited.

• d. ASK NC shall have the right to display the information provided by You on the Platform. You shall ensure that all the information provided by You is sufficient to give a clear description of Yourself and the DP Services performed by You for the Users, and is not false or misleading in any manner. ASK NC does not independently verify the information. ASK NC shall in no way be responsible or liable for the accuracy or completeness of any information provided by You.

• e. Registration Fee. ASK NC may charge a non-refundable on boarding fee at the time of registration on the platform.

3. ASK NC Services

The Platform provides you with the following services (“ASK NC Services”)-

• a. License to the Platform;

• b. Where authorized, collection of your fee for DP Services.

• c. It may facilitate the issuance of invoice/payment statement to the Users, on Your behalf

4. Provision of DP Services.

• a. When You are logged into Your Account on the Platform, Users’ requests for DP Services may appear to You on Your Account on the Platform if You are available and visible in the vicinity of the task raised by the User. You have the choice to accept the request from the User. If you accept the User request for DP Services, you will receive in an automated manner certain user information which may inter alia include the pick-up address, User’s name, item to be purchased, purchase location, pick-up/drop off location, contact information etc. (“User Information”).

• b. Once you have accepted a User’s request for DP Services, with respect to Bike Taxi or Bike Pool Service, you shall be encouraged to follow the guidelines and standards as may be formulated by ASK NC with respect to safety, etiquettes, etc. from time to time. While performing these DP Services, you shall also be responsible to abide by the safety conditions as may be required by a relevant state / central authority.

• c. You hereby acknowledge and agree that once You have accepted a User’s request for DP Services, the Platform may display to the User in an automated manner, certain information about You which may inter alia include Your name, contact information, photo and location, Your rating, Your driving license information and Your vehicle registration number and other personal information necessary for the successful and timely accomplishment of the DP Services.

• d. You agree and undertake that You shall not contact Users or use any User’s personal data/User Information for any reason other than for the purposes of fulfilling DP Services through the Platform in accordance with these Term of Use and applicable law.

• e. You shall provide valid invoices issued by Merchants to the User for the Items covered under DP Services (especially Delivery Services and Purchase Services) performed by You, (as may be applicable). For Your services, the Platform generates an automated service receipt/ Payment Statement/ Invoice as the case maybe, on Your behalf to the User.

• f. You shall transport all Items for the Users and provide all DP Services to the User directly to their specified destination or otherwise complete all logistics related tasks, as directed by the applicable User, without undue delay. In the event, You, at your own discretion feel that there will be an inordinate delay, you shall on a best-efforts basis try and reach out to the User.

• g. With respect to DP Services, you hereby agree that You shall not open or attempt to open the Items/packages to be dropped off/delivered to or on behalf of the User. However, if it comes to Your knowledge that a package contains illegal/unlawful substance or Items not permissible to be delivered through the DP Services, you shall immediately report the same to the concerned law enforcement authorities and return the package to the User and in case User is not available at the pick-up location, submit the same to the concerned law enforcement authorities. You expressly agree that You will not deliver/transport any restricted and/or banned and/or dangerous and/or prohibited and/or illegal items (such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, passports, credit/debit/ATM cards, lottery tickets and gambling devices, livestock, insects, animals, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous waste, pornographic materials, contraband, alcoholic beverages or any intoxicant or narcotics and psychotropic substances or any other prohibited material or material for the transportation of which specific authorisation/license is required under applicable laws) (all of such items, the “Restricted Items”) or entertain any User’s request to deliver/purchase or transport such Restricted Items.

5. Delivery Partner’s Relationship with ASK NC.

• a. ASK NC does not, and shall not be deemed to have any form of direct or indirect control over Delivery Partners inter alia with respect to the availability of Delivery Partners, performance of DP Services by the Delivery Partners or maintenance of Delivery Partner’s vehicle or compliance with applicable laws applicable to Delivery Partners of DP Services. It is hereby clarified that there is no employer- employee relationship between ASK NC and the Delivery Partners. Delivery Partner acknowledges that ASK NC does not control, or purport to control:

• i. when or for how long will the Delivery Partner utilize the Platform or the ASK NC Services; or

• ii. Delivery Partner’s decision, via the Platform, to attempt to accept or to decline or ignore a User’s request for DP Services on the Platform, subject to ASK NC’s then-current cancellation policies.

• b. You are not an employee of ASK NC. You may thus choose to engage with other occupations or means of livelihood. There is no exclusivity arrangement with ASK NC and You have complete discretion to operate Your independent business or enroll with other platforms for performing similar services .You have no authority to bind ASK NC and undertake not to hold Yourself out as an employee, agent or authorized representative of ASK NC or its affiliates. Where, by implication of mandatory law or otherwise, you may be deemed an employee, agent or representative of ASK NC, you undertake and agree to indemnify, defend and hold ASK NC and its affiliates harmless from and against any claims by any person, entity, regulators or governmental authorities based on such implied employment, agency or representative relationship.

• c. Your Account may be deactivated or otherwise restricted from accessing or using the Platform or the ASK NC Services in the event of a violation of these Terms of Use, disparagement of ASK NC or any of its affiliates, or Your act or omission that causes harm to ASK NC’s or any of its affiliates’ brand, reputation or business as determined by ASK NC in its sole discretion. ASK NC also retains the right to deactivate or otherwise restrict You from accessing or using the Platform or the ASK NC Services for any other reason at the sole and reasonable discretion of ASK NC.

• d. You agree that You may require certain enablers such as bikes, mobile phones, helmets, bags or other such instruments for you to perform DP Services. ASK NC is not responsible to provide any such support to You. In particular, ASK NC is not responsible to provide You with reimbursements of any fuel incurred by You, or insurance premium paid by You, or helmets purchased by you. You shall solely be responsible for maintaining the necessary equipment and internet connections that may be required to access, use and transact on the Platform and avail the ASK NC Services.

• e. ASK NC may from time to time provide You with certain advisories in respect of Your performance of the DP Services. These advisories may be issued to facilitate compliance with applicable law or to generate a uniform platform experience for Users, Merchants and other Delivery Partners. You are encouraged to follow them.

• f. You may from time to time receive notice of certain welfare/benefit programs that You may avail as part of the ASK NC eco-system. Availing such benefits are subject to Your choice and opt-in. These benefits will be provided to you by third party service providers who ASK NC does not control or sponsor. You will not receive any employee benefits.

• g. To facilitate provision of DP Services, you may choose to avail certain third-party services such as personal loans, accident insurance policies etc. Some of these third-party services may be introduced to You through ASK NC. The choice of availing all such services is Yours. ASK NC is not responsible for such services provided by third parties. If you choose to avail such benefits You authorize ASK NC to share information about You as required for such third parties to provide the services to You.

• h. If the Delivery Partner Works Continuously For 3Year then 

Company Side Will Provide ESI & PF and other Benefits Only the Working time of Delivery Partner Will be taken into account 8hrs shift 

6. Delivery Partner’s Relationship with Users.

• a. Delivery Partner acknowledges and agrees that it’s provision of DP Services to Users creates a legal and direct business relationship between the Delivery Partner and the User, to which ASK NC is not a party. ASK NC is not responsible or liable for the actions or inactions of a User in relation to the activities of the Delivery Partner. You shall have the sole responsibility for any obligations or liabilities that may arise towards the Users or any third parties that arise from the provision of Your DP Services. You are solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance policies that meet the requirements of all applicable laws) regarding any acts or omissions of a User or third party.

7. Ratings

• a. You agree that: (i) after providing DP Services to a User, the Platform will prompt the User with an option to provide a rating of such DP Service provided by You and, optionally, to provide comments or feedback about You and such DP Service; and (ii) after providing the DP Services to the Users, You will be prompted on the Platform to provide a rating of the User and, optionally, to provide comments or feedback about the User. You shall provide ratings and feedback in good faith and unbiased manner.

• b. In order to continue to receive access to the Platform and the ASK NC Services, You hereby acknowledge that You must maintain an average rating by Users that exceeds the minimum average acceptable rating established by ASK NC for the Territory, as may be updated from time to time (“Minimum Average Rating”). In the event Your average rating falls below the Minimum Average Rating, ASK NC may provide You a limited period of time to raise Your average rating above the Minimum Average Rating. You hereby agree that if You do not increase Your average rating above the Minimum Average Rating within the time period allowed (if any), ASK NC may deactivate Your access to the Platform and the ASK NC Services.

• c. ASK NC and its affiliates reserve the right to use, share and display Your ratings and comments in any manner in connection with the business of ASK NC and its affiliates without attribution to or approval of Delivery Partners and You hereby consent to the same. ASK NC and its affiliates reserve the right to remove comments from Platform in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, intermediary guidelines, other applicable laws or ASK NC’s or its affiliates’ content policies.

8. Devices

• a. In order to access the Platform and provide the DP Services to the Users, you may use Your own device (“Delivery Partner Device”).

• b. While using a Delivery Partner Device: (i) You shall be responsible for the acquisition, cost and maintenance of such Delivery Partner Device as well as any necessary wireless data plan; and (ii) ASK NC shall make available the Platform for installation on such Delivery Partner Device. The foregoing right shall immediately terminate and You will delete and fully delete the Platform from the Delivery Partner Device in the event You cease to provide DP Services to the User using the Delivery Partner Device; or You have deleted Your Account from the Platform. You hereby agree that: (i) use of the Platform and ASK NC Services on a Delivery Partner Device requires an active data plan with a wireless carrier associated with the Delivery Partner Device, which data plan will be provided by You at Your own expense; and (ii) use of the Platform on a Delivery Partner Device as an interface with the ASK NC Services may consume very large amounts of data through the data plan. ASK NC advises that Delivery Partner Devices should only be used under a data plan with unlimited or very high data usage limits, and ASK NC shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan during the performance of DP Services.

9. Location Based Services.

You acknowledge and agree that your geo-location information is required from You to provide the DP Services to the Users, using the Platform and is required by ASK NC for it to provide You with ASK NC Services. You acknowledge and hereby consent to the following: (a) Your geo‐location information will be monitored and tracked by ASK NC, when You are logged into Your Account on the Platform and available to receive requests for providing DP Services from the Users, or when You are providing transportation and/ or logistics services to the Users; and (b) the approximate location of Your vehicle will be displayed to the User before and during the provision of DP Services to such User. In addition, ASK NC may monitor, track and share Your geo‐location information obtained by the Platform and Delivery Partner Device, as the case may be, for safety, security, technical, marketing and commercial purposes, including to provide and improve ASK NC’s products and services.

10. Delivery Partners and Vehicles

• a. Delivery Partner Requirements. In order to register as a Delivery Partner, you must be above 18 years of age. You acknowledge and agree that You shall at all times hold and maintain (i) a valid driver's license (if applicable) with the appropriate level of certification to operate the vehicle driven/ridden by You, and (ii) all licenses, permits, approvals and authority applicable to Your vehicle (if applicable) that are necessary to provide DP Services; (iii) the appropriate and current level of training, expertise and experience to provide DP Services in a professional manner with due skill, care and diligence; and (iv) high standards of professionalism, service and courtesy. You acknowledge and agree that You may be subject to certain background, driving record, address verification, judicial checks from time to time.

• b. Vehicle Requirements. You acknowledge and agree that Your vehicle with which You choose to provide DP Services shall be: (i) operated in compliance with all applicable laws; (ii) properly registered, insured and licensed in accordance with law to operate as a passenger transportation vehicle, a shared mobility vehicle and/or vehicle to transport/deliver Item(s)/product purchased in the Territory on behalf of the User; (iii) suitable for performing the passenger transportation service, shared mobility services and/or to transport Item(s) as contemplated by these Terms of Use; and (iv) maintained in good operating condition, consistent with industry safety and maintenance standards for a vehicle of its kind and any additional standards or requirements in the applicable Territory, and in a clean and sanitary condition (together hereinafter referred to as “Vehicle Specification”).

•  C. We Expressly Consent to Delivery Partners Using ASKNC Company Banners and Posters on their Vehicles

11. Financial Terms

• a. User Payment: While providing Purchase Services and Delivery Services for Items which are purchased/picked up from merchants not registered on the Platform, and the prices for such items are not provided on the Platform, You shall promptly provide the price details and Item details, including pictures of the Items to the Users on the Platform. Upon confirmation of the Items by the Users on the Platform, and on payment of the same by the User, You shall make the purchase on behalf of the Users. If required, ASK NC may provide You with a pre-paid instrument or cash to facilitate the purchase on behalf of the Users. For this purpose, You agree that in the event You use the cash/pre-paid instrument provided by ASK NC for personal use, then ASK NC shall have the right to create lien on the amounts that are to be paid out to You by ASK NC up to such amount utilized by You. For Merchants who are registered on the Platform, You are not required to make any payments to the Merchant on behalf of the User.

• b. Delivery Partner Fees: For the provision of DP Services (except Bike Taxi Services/Bike Pool Services), You may charge a fee to the User, the amount of which is determined in accordance with the guidelines framed by ASK NC for Delivery Partners (“DP Fees”). Note, ASK NC frames the guidelines for the purposes of providing a uniform experience on the Platform to Users, Merchants and Delivery Partners. Please review carefully the DP Fees applicable to the DP Services You choose to provide before You do so.

• c. Fare Calculation for Bike Taxi Services. For the Bike Taxi Services provided by You to Users in specified Territories, You are entitled to charge a fare to the User for each instance of completed Bike Taxi Services provided to a User through the Platform (“Fare”). The Fare is calculated based upon a base fare amount (which shall be determined as per rate card/guidelines provided by ASK NC to the Delivery Partner) plus distance (as determined by ASK NC using location-‐based services enabled through the Delivery Partner Device) and/or time amounts, for the applicable Territory and toll charges, if any (“Fare Calculation”).

• d. Changes to Fare Calculation. ASK NC reserves the right to change the Fare Calculation at any time based upon local market factors, and ASK NC will provide notice to the Delivery Partner in the event of such change that would result in a change in the recommended Fare. Continued use of the ASK NC Services after any such change in the Fare Calculation shall constitute Your consent to such change.

• e. Ride Cost. For the Bike Pool Services provided by You to Users in specified Territories, You are entitled to share the cost of Your ride with the User for each instance of completed Bike Pool Services provided to a User through the Platform (“Ride Cost”). The Ride Cost is calculated based upon the average cost arrived during travel of per kilometer of distance. The Ride Cost is determined by considering the maximum usability (in kilometers) of vehicle, cost of acquisition of vehicle, residual value of vehicle, maintenance cost, fuel & insurance cost etc.

• f. Fare / Ride Cost Adjustment. Any adjustment to Fare/Ride Cost for instances such as technical error in the ASK NC Services or force majeure events etc., shall be subject to uniform polices applicable from time to time.

• g. Cancellation Charges. You acknowledge and agree that Users may elect to cancel requests for DP Services that have been accepted by You at any time prior to the provision of DP Services. In the event that a User cancels an accepted request for DP Services, ASK NC may charge the User a cancellation fee on behalf of You. If charged, this cancellation fee shall be deemed Ride Cost/Fare/DP Fees for the cancelled DP Services and shall be remitted to You (“Cancellation Fee”).

• h. Taxes. You acknowledge and agree that You are required to: (i) complete all tax registration obligations (if any) and calculate and remit all tax liabilities related to the provision of DP Services as required by applicable law; and (ii) provide ASK NC with all relevant tax information. You further acknowledge and agree that You are responsible for paying taxes on Your own income arising from the performance of DP Services. Notwithstanding anything to the contrary in this Agreement, ASK NC may in its reasonable discretion based on applicable tax and regulatory considerations, collect and remit taxes resulting from Your provision of DP Services and/or provide any of the relevant tax information You have provided pursuant to the foregoing requirements in this Section directly to the applicable governmental tax authorities on Your behalf or otherwise. You further agree and acknowledge that ASK NC shall be entitled to deduct tax at source in accordance with applicable law, prior to making any payouts to You.

12. Proprietary Rights and License

• a. License Grant. Subject to the terms and conditions of these Terms of Use, ASK NC hereby grants the Delivery Partner a non-exclusive, royalty-free, non-transferable, non-sub-licensable, non-assignable license, the Platform in connection with the provision of the ASK NC Services solely for the purpose of providing DP Services to Users. Further, subject to the terms and conditions of these Terms of Use, ASK NC hereby grants the Delivery Partner a non-exclusive, royalty-free, non-transferable, non-sub-licensable, non-assignable license to use the proprietary marks of ASK NC for the sole purpose of providing the DP Services. All rights not expressly granted to Delivery Partner are reserved by ASK NC, its affiliates and their respective licensors.

• b. Restrictions. You shall not, and shall not allow any other party to: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise provide or make available to any other party the ASK NC Services, Platform or(if applicable) in any way; (ii) modify or make derivative works based upon the ASK NC Services or Platform; (iii) improperly use the ASK NC Services or Platform, including creating Internet “links” to any part of the ASK NC Services or Platform, “framing” or “mirroring” any part of the ASK NC Services or Platform on any other websites or systems, or “scraping” or otherwise improperly obtaining data from the ASK NC Services or the Platform; (iv) reverse engineer, decompile, modify, or disassemble the ASK NC Services or Platform,; or (v) send spam or otherwise duplicative or unsolicited messages. In addition, You shall not, and shall not allow any other party to, access or use the ASK NC Services or Platform to: (i) design or develop a competitive or substantially similar product or service; (ii) copy or extract any features, functionality, or content thereof; (iii) launch or cause to be launched on or in connection with the ASK NC Services an automated program or script, including web spiders, crawlers, robots, indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the ASK NC Services/ Platform; or (iv) attempt to gain unauthorized access to the ASK NC Services or its related systems or networks, (v) defame, abuse, harass, threaten or otherwise violate the legal rights of others; (vi) impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; (vi) publish, post, upload, distribute or disseminate any information that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, hateful, or racially, ethnically objectionable, disparaging, inappropriate, profane, infringing or otherwise unlawful in any manner whatever; or that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; (vii) upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents; (viii) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer; (ix) engage in any activity that interferes with or disrupts access to the Platform or the ASK NC Services (or the servers and networks which are connected to the Platform); (x) attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any ASK NC server, or to any of the ASK NC Services offered on or through the Platform, by hacking, password mining or any other illegitimate means; (xi) probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. (xii) reverse look-up, trace or seek to trace any information on any other user (Merchant, User, Delivery Partner), of or visitor to, the Platform, to its source, or exploit the Platform or ASK NC Services or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform; (xiii) disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites; (xiv) collect or store data about other users (Merchant, User, Delivery Partner), in connection with the prohibited conduct and activities set forth in this Terms of Use; and (xv) use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform; (xvi) use the Platform or any material or content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of ASK NC or other third parties; (xvii) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; (xviii) misuse the personal information of the registered users or use their personal information or disclose such personal information for any purpose other than to fulfil Your obligations under these Terms of Use; (xix) violate any code of conduct or other guidelines, which may be applicable for or to any particular ASK NC Service; (xx) violate the Terms of Use contained herein or elsewhere, or violate any applicable laws or regulations for the time being in force within or outside India;

• c. Ownership. The ASK NC Services, Platform and ASK NC Data (defined below), including all intellectual property rights therein are and shall at all time remain the property of ASK NC, its affiliates or their respective licensors, as the case maybe. Neither this Terms of Use nor Your use of the ASK NC Services, Platform or ASK NC Data conveys or grants to You any rights: (i) in or related to the ASK NC Services, Platform or ASK NC Data, , except for the limited license granted under these Terms of Use; or (ii) to use or reference in any manner ASK NC’s, its affiliates’, or their respective licensors’ company names, logos, product and service names, trademarks, service marks or other indicia of ownership. Additionally, You acknowledge ASK NC’s rights in its ASK NC family of trademarks and names, including ASK NC, alone and in combination with other letters, punctuation, words, symbols and/or designs, and the ASK NC Logo (“ASK NC Marks and Names”). You agree that You will not try to register or otherwise claim ownership in any of the ASK NC Marks and Names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark or name.

• d. For the purposes of these Terms of Use “ASK NC Data” means all data related to the access and use of the ASK NC Services hereunder, including all data related to Users (including User information), all data pertaining to Merchant, Items (Merchant Information), all data related to the provision of transportation and/or logistics services by the Delivery Partner via the ASK NC Services and the Platform, and the DP ID.

13. Confidentiality

• a. Each party acknowledges and agrees that in the performance of these Terms of Use it may have access to or may be exposed to, directly or indirectly, confidential information of the other party ("Confidential Information"). Confidential Information includes ASK NC Data, DP IDs, User Information, Merchant Information, information related to the Platform, information related to any transaction initiated on the Platform, and the transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information of each party (whether disclosed in writing or verbally and whether expressly marked as confidential or not).

• b. Each party acknowledges and agrees that: (i) all Confidential Information shall remain the exclusive property of the disclosing party; (ii) it shall not use Confidential Information of the other party for any purpose except in furtherance of its obligation under the Terms of Use; (iii) it shall not disclose Confidential Information of the other party to any third party, except to its employees, officers, contractors, agents and service providers ("Permitted Persons") as necessary to perform under this Terms of Use, provided Permitted Persons are bound in writing to obligations of confidentiality and non‐use of Confidential Information no less protective than the terms hereof; and (iv) it shall return or destroy all Confidential Information of the disclosing party upon the termination of this Terms of Use or at the request of the other party (subject to applicable law and, with respect to ASK NC, its internal record keeping requirements).

• c. You hereby acknowledge and agree that all Confidential Information provided to You or which is in Your custody shall be used by You only for the purposes of providing the DP Services in accordance with the provisions of this Terms of Use.

• d. If You choose to avail certain ancillary services from third party services, Your information may be required to be provided to such third-party services providers. You hereby consent to sharing your Confidential Information when You agree to receive such ancillary services.

• e. Notwithstanding anything mentioned above, You understand that certain third-party entities may reach out to ASK NC from time to time for assisting You with certain supplemental/beneficial services (including cross-selling services). In such situations, upon intimation of Your interest in availing such supplemental/beneficial services, You agree and authorize ASK NC to share the required information pertaining to You including with such third parties.

14. Access to Platform.

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

• i. User complaints received by ASK NC which are directly attributable to You; or

• ii. Breach of the provisions of any applicable law; or

• iii. Breach of the representations and warranties under these Terms of Use; or

• iv. Any other breach of the Terms of Use, ASK NC’s Privacy Policy or any other terms, conditions, guidelines, processes or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to not comply, or are unable to, comply with the same);

• v. The provision of the ASK NC Services to You by ASK NC is, in the opinion of ASK NC, no longer commercially viable or in any way detrimental to ASK NC, its business or the Platform;

• vi. You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or ASK NC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete.

• vii. ASK NC has elected to discontinue, with or without reason, Your access to the Platform, ASK NC Services or any part thereof.

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. ASK NC does not provide any guarantee with respect to any the Third-Party Content and ASK NC 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, ASK NC shall not be held liable for the same at any instances.

17. Link to Third Parties

The Platform may contain links to/features or content of other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, navigation partners or others) (“Third Party Offerings”). ASK NC shall not be responsible for examining or evaluating such third-party websites, and ASK NC does not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of such third-party websites. ASK NC does not assume any responsibility or liability for the actions, product, and content of any such third-party websites. Such Third Party Offering shall be subject to their terms of use and policies and before You use/access any such Third Party Offerings or third-party websites, You should review the applicable terms of use and policies for such third-party websites including but not limited to the terms and privacy policy of Google Maps available at https://maps.google.com/help/terms_maps.html and https://www.google.com/policies/privacy/. If You decide to access any such linked feature or Third Party Offering or third-party website, You do so at Your own risk. However, nothing contained here shall restrict Our ability to take appropriate action against You, if it is brought to Our notice by such party that Your access or use of such Third Party Offering or third-party websites through the Platform is not in compliance with their applicable terms.

18. 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.

19. Warranties, Covenants and Disclaimers

• a. You agree to use the Platform and the materials provided therein only: (i) for purposes that are permitted by the Terms of Use; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines.

• b. You hereby represent and warrant that: (i) You have full power and authority to enter into this Terms of Use and perform your obligations hereunder; (ii) You have not entered into, and will not enter into, any arrangement that would prevent it from complying with this provisions of the Terms of Use and applicable law; (iii) You will comply with all applicable laws in its performance of this Terms of Use, including holding and complying with all permits, licenses, registrations, certifications and other governmental authorizations necessary to provide DP Services using the required vehicle pursuant to this Terms of Use.

• c. You represent and warrant that You have not received any notice from any third party or any governmental authority and no litigation is pending against You in any court of law which may have an adverse effect on the provision of logistic/delivery/transportation services.

• d. You represent and warrant that You upon performing the DP Services, promptly and accurately update on the Platform that You have completed such DP Services or delivered the Item, as the case may be.

• e. You represent and warrant that all governmental authorisations, consents, licenses, registration, approvals and other consents required under applicable laws for the provision of DP Services have been obtained and shall remain in force for as long as You are using the Platform and availing the ASK NC Services or during the provision of DP Services by You.

• f. You agree not to access (or attempt to access) the Platform and the materials or by any means other than through the interface that is provided by ASK NC. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any of its content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content therein, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.

• g. You acknowledge and agree that by accessing or using the Platform or ASK NC Services, You may be exposed to content from other users (including but not limited to other Merchants, Users and Delivery Partners) that You may consider offensive, indecent or otherwise objectionable. ASK NC disclaims all liabilities arising in relation to such offensive content on the Platform.

• h. If the Platform allows You to post and upload any material on the Platform, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. All material added, created, uploaded, submitted, distributed, or posted to the Platform by You is Your sole responsibility. You hereby do and shall grant ASK NC a worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to use, reproduce, disclose, distribute, translate and otherwise fully exploit any such material, in connection with the Platform and ASK NC’s (and ASK NC’s successors’ and assigns’) businesses, including without limitation, for promoting the Platform in any media formats and through any media channels. You represent and warrant that You have all rights to grant such licenses to ASK NC without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

• i. Anti-Bribery and Anti-Corruption Policy. You hereby represent and warrant that: (a) You shall comply with all applicable laws and regulations, including but without limitation Prevention of Corruption Act, 1988 (“PCA"), the U.S. Foreign Corrupt Practices Act, 1977 (“FCPA”), U.K. Bribery Act, 2010 (“Bribery Act”), and all other applicable anti-corruption laws and regulations; (b)You shall not in a corrupt or improper effort to obtain or retain any business or any commercial advantage—offer, promise, or make any payment or transfer anything of value, directly or indirectly to (i) any employee or official of any government (foreign or national), including any civil servant, governmental representative, public 14 sector employee (including employees of government-owned or government-controlled corporations or instrumentalities or public international organizations), political party, official of a political party, or candidate for public office, or any family member or close associate of such persons, or (ii) any intermediary for payment or provision to any of the foregoing. You also represent that You have not made any payments in connection with these Terms of Use that could violate the PCA, FCPA, Bribery Act, or any other applicable anti-corruption laws. You further represent that any potential violations of these laws in connection with these Terms will promptly be reported to ASK NC, and You will cooperate fully with ASK NC to investigate and remediate. You hereby acknowledge that ASK NC may suspend its services to You for any potential violations of the PCA, FCPA, Bribery Act, and other applicable anticorruption laws.

• j. Disclaimer of Warranties. You hereby accept and acknowledge that the ASK NC Services and Platform is provided on an "as is" and "as available" basis. ASK NC does not represent, warrant or guarantee that Your access to or use of the ASK NC Services or Platform: (i) will be uninterrupted or error free; or (ii) will result in any guaranteed requests for DP Services. ASK NC functions as an on‐demand lead generation and related service only and makes no representations, warranties or guarantees as to the actions or inactions of the Users, who may request or receive DP Services from You, and ASK NC need not screen or otherwise evaluate Users. By using the ASK NC Services and Platform, You acknowledge and agree that You may be introduced to a third party (including Users, Delivery Merchants) that may pose harm or risk to You or other third parties. You are advised to take reasonable precautions with respect to interactions with third parties encountered in connection with the use of the ASK NC Services or the Platform. ASK NC expressly disclaims all liability for any act or omission of any Delivery Partner, any User, Merchant or other third party.

• k. No Service Guarantee. ASK NC does not guarantee the availability or uptime of the ASK NC Services or the Platform. You acknowledge and agree that the ASK NC Services or Platform may be unavailable at any time and for any reason (e.g., due to scheduled maintenance or network failure). Further, the ASK NC Services or Platform may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications or for any other technological reasons, and ASK NC is not responsible for any delays, delivery failures or other damages, liabilities or losses, costs resulting from such problems.

20. Indemnification

You shall indemnify, defend and hold harmless ASK NC and its affiliates and their respective 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 therewith 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 ASK NC Services or the Platform, (y) Your acts of negligence or willful misconduct in performance of this Terms of Use.

You understand and agree that in the event ASK NC is required to indemnify/compensate any registered user/Merchant due to deficiency in providing DP Service by You, ASK NC shall have the right to recover such amount indemnified/compensated by ASK NC from Your payouts.

21. Limits of Liability.

ASK NC 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 ASK NC or its affiliates under this Terms of Use exceed INR 100/- (Rupees One Hundred). You acknowledge and agree that any and all claims You have or purport to have against ASK NC and/or its affiliates should be notified to ASK NC 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.

22. Term and Termination

• a. These Terms of Use will continue to apply until terminated by either You or ASK NC as set forth below (“Term”). These Terms shall continue to apply so long as You continue to access the Platform.

• b. If You want to terminate these Terms, You can do so by (i) notifying ASK NC to close Your Account; and (ii) not accessing the Platform. Such termination shall take effect after 15 days of receipt of the above notice and ASK NC shall delist the Delivery Partner at the end of the 15th Day.

• c. Upon termination of Your Account, the DP ID allotted to You, and / or any other content or materials related to You shall be deleted. ASK NC may however retain Your transaction history on the Platform or in Your Account and any other Delivery Partner records, for legal purposes without any obligation to provide you with the data.

• d. The termination of Your Account shall not relieve You of any liability that You may have incurred or may incur in relation to use of ASK NC Services or the Platform prior to such termination. Further, ASK NC shall not be liable to You or any third party for any termination of Your Account, or Your access to the Platform and ASK NC Services.

23. Violation of the Terms of Use

• a. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to ASK NC, for which monetary damages would be inadequate, and You consent to ASK NC obtaining any injunctive or equitable relief that ASK NC may deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that ASK NC may have at law or in equity.

• b. If ASK NC does take any legal action against You as a result of Your violation of these Terms of Use, ASK NC will be entitled to recover from You, and You agree to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to ASK NC.

24. Relationship of the Parties

Except as otherwise expressly provided herein to the relationship between ASK NC and Delivery Partner is solely that of independent contractors. The parties expressly agree that: (i) these Terms of Use do not create any relationship of employment with ASK NC nor does it impose any employer obligations on ASK NC (inter alia including obligations under labor laws and tax laws); and (ii) no joint venture, partnership, or principal-agent relationship exists between ASK NC and Delivery Partner(s). However, for the limited sole purpose of collection of DP Fees, Ride Cost, Fare etc., ASK NC may be engaging with third parties’ services on behalf of Delivery Partner, for collecting payments from Users on behalf of the Delivery Partner.

25. Miscellaneous Terms

• a. Modification. ASK NC reserves the right to modify these Terms of Use, effective upon publishing an updated version on the Platform. ASK NC shall not be required to notify You of any changes made to the Terms of Use. You are requested to regularly visit the homepage to view the most current Terms of Use. You can determine when ASK NC last modified the Terms of Use by referring to the “Last Updated” legend above. It shall be Your responsibility to check these Terms of Use periodically for changes. ASK NC may require You to provide Your consent to the updated Terms of Use in a specified manner prior to any further use of the Platform. If no such separate consent is sought, Your continued use of the ASK NC Services, or the Platform will constitute Your acceptance of those changes.

• b. Supplemental Terms. Supplemental terms may apply to Your use of the Platform or the ASK NC Services, such as use policies or terms related to certain features and functionality and/or zero tolerance/shipping policies, which may be modified by ASK NC from time to time (“Supplemental Terms”). You may be presented with certain Supplemental Terms from time to time. Supplemental Terms are in addition to, and shall be deemed a part of, these Term of Use. Supplemental Terms shall prevail over these Terms of Use in the event of a conflict.

• c. Severability. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Terms of Use but the legality, validity and enforceability of the remainder of this Agree shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable (part of the) provision with a (part of a) provision that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable (part of the) provision, given the contents and purpose of these Terms of Use.

• d. Assignment. You shall not assign or transfer these Terms of Use or any of its rights or obligations hereunder, in whole or in part, without the prior written consent of ASK NC. ASK NC may assign or transfer any or all of its rights or obligations hereunder, in whole or in part, under these Terms from time to time without consent

• e. Notices. Any notice delivered by ASK NC to You under these Terms of Use will be delivered by email to the email address associated with Your Account or by posting the same on the Platform. Any notice delivered by You to ASK NC under these Terms of Use will be delivered by contacting ASK NC on legal@ASK NC.IN and/or its support representatives.

• f. Governing Law; Arbitration. These Terms of Use shall be governed exclusively by laws of India and the Parties expressly submit to the exclusive jurisdiction of the courts of Bangalore. In the event of any dispute, claim or controversy arising under, or in relation to, this Terms of Use (“Dispute”), such Dispute shall be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The Dispute shall be settled by a sole arbitrator, solely appointed by ASK NC pursuant to the provisions of the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Bengaluru, India and the arbitration proceedings shall be governed by the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. All arbitration proceedings shall be conducted in English. The arbitration award shall be final and binding on the Parties and shall be enforceable in any competent court of law, and the Parties agree to be bound thereby and to act accordingly.