Download as pdf or txt
Download as pdf or txt
You are on page 1of 11

DELIVERY PARTNER TERMS AND CONDITIONS

THESE TERMS AND CONDITIONS WILL GOVERN YOUR USE OF THE BLINKIT DP PLATFORM.
PLEASE READ AND UNDERSTAND THESE TERMS AND CONDITIONS BEFORE USING THE BLINKIT
DP PLATFORM.

By clicking the “I ACCEPT” button, you unequivocally accept and agree to be bound by these Delivery Partner(s)
Terms and Conditions (“T&Cs”) for accessing and using the Blinkit DP Platform for the purpose of receiving
orders and undertaking delivery to the Customer(s) of Blinkit’s proprietary online website and/or mobile based
order placement application (“Blinkit Platform”). These T&Cs shall form the complete understanding between
you and Blinkit.

If for any reason you do not accept the terms contained in these T&Cs, do not proceed to accept these T&Cs, or
use the Blinkit DP Platform or avail any of the services being provided therein. YOUR ACCEPTANCE OF THESE
T&Cs SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND BLINKIT IN RESPECT OF
THE SERVICES OF THE BLINKIT DP PLATFORM.

1. DEFINITIONS & INTERPRETATION

1.1. Definitions

“Agreement” shall mean these T&Cs pursuant to which the Delivery Partner has agreed to provide the
Delivery Services.

“Applicable Law(s)” shall mean and include any law, statute, ordinance, rule, regulation, guideline,
policy, or other pronouncement having the effect of a law in India, in effect or which may come into effect
on a future date.

“Blinkit” or “We” or “Us” or “Our” shall mean Blink Commerce Private Limited (formerly known as
Grofers India Private Limited), a company incorporated under the Companies Act, 2013, and having its
registered office at Plot No. 64H, Sector 18, Gurugram-122001, Haryana, India which expression shall,
unless it be repugnant to the context or meaning thereof, be deemed to mean and include all our successors,
affiliates, and assigns.

“Blinkit DP Platform” shall mean the mobile application developed by Blinkit which enables the
Delivery Partner(s) to receive the Customer bookings and undertake the Delivery Services and other allied
activities in connection with the Delivery Services.

“Customer(s)” shall mean customers of Blinkit who place an order with Third Party Sellers through the
Blinkit Platform.

“Dark Store(s)” shall mean the stores operated by Blinkit either itself or through any Partner from where
the Delivery Partner(s) collect the orders for undertaking the Delivery Services.

“Delivery Partner(s)” or “You” or “Your” or “Yourself” shall mean an individual who has agreed to
provide Delivery Services as per the T&Cs.

“Delivery Partner Fee(s)” shall mean the fees payable by Blinkit to the Delivery Partner(s) as
communicated to the Delivery Partner(s) through the Blinkit DP Platform.

“Delivery Partner(s) Information” shall mean and include any personal data collected from the Delivery
Partner(s) at the time of onboarding or in future including, KYC documents, PAN card, bank account
details, vehicle registration certificate, driving license, location data and any other information as may be
required by Blinkit.

“Delivery Partner(s) Vehicle” shall mean the personal vehicles used by the Delivery Partner(s) for
providing the Delivery Services.
“Delivery Services” shall mean the services of collecting the order placed by the Customer(s) (on the Third
Party Sellers through the Blinkit Platform) from the designated Dark Store and delivering the same to the
Customer(s).

“Intellectual Property Rights” shall mean and include copyright (whether registered or not), patents
including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks,
associate marks and the right to register them, designs (both industrial and layout), geographical
indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights,
reproducing rights, domain names, internet address, graphics, artwork, links, information, logos, software,
configuration, marketing and distribution material and any other intellectual property right in the Blinkit
Platform and the Blinkit DP Platform.

“Order Value” means the aggregate amount payable by the Customer(s) which includes the sale price,
convenience charges, handling charges, Delivery Partner Fee(s), surge fees and any other payments to be
made by the Customer.

“Slots” shall mean the specific date and time chosen by the Delivery Partner(s) in advance to provide
Delivery Services.

“Party” shall mean Blinkit or the Delivery Partner, as the case may be.

“Parties” shall mean Blinkit and the Delivery Partner.

“Partner” shall mean any person engaged by Blinkit to maintain and/or operate a Dark Store(s).

“Platform Services” shall mean the services provided by Blinkit to the Delivery Partner(s) through the
Blinkit DP Platform.

“Policies” shall mean the policies and guidelines as available in the help section of the Blinkit DP Platform.

“Store Manager(s)” shall mean the store manager(s) of the designated Dark Store(s) of Blinkit.

“Termination Date” shall mean the date on which the Agreement is terminated either by Blinkit or the
Delivery Partner(s).

“Third Party Sellers” shall mean the sellers who list their items on the Blinkit Platform for sale to the
Customers.

“Tip(s)” shall mean a sum of money that Customer(s) may voluntarily decide to pay to the Delivery
Partner(s) for the Delivery Services.

1.2. Interpretations

Unless the context of these T&Cs otherwise require:

1. A word or an expression, which denotes a natural person shall include an artificial person (and vice
versa), any one gender shall include the other genders, the singular shall include the plural (and
vice versa).

2. Heading and bold typeface in these T&Cs are for convenience only and shall be ignored for the
purposes of interpretation.

3. The use of the word “including” followed by a specific example(s) in these T&Cs, shall not be
construed as limiting the meaning of the general wording preceding it.

4. The rule of construction, if any, that a contract should be interpreted against the parties responsible
for drafting and preparation thereof, shall not apply.
5. Reference to any clause, article, section, or schedule shall mean a reference to a clause, article,
section, or schedule of these T&Cs, unless specified otherwise.

2. ONBOARDING AND DELIVERY SERVICES

2.1 In order to get onboarded on the Blinkit DP Platform to provide the Delivery Services, the Delivery Partner
shall be required to pay a one-time onboarding fee to Blinkit of such amount as determined by Blinkit and
communicated to the Delivery Partner (“Onboarding Fee”) prior to on-boarding. The Onboarding Fee
will be paid to such account/in such manner as may be directed by Blinkit. In addition to the Onboarding
Fee, the Delivery Partner(s) may be required to pay a fee for training and support services provided by
Blinkit.

2.2 The Delivery Partner(s) shall create a log-in ID on the Blinkit DP Platform to be able to render the Delivery
Services. The Delivery Partner(s) acknowledges that the log-in credentials, including the Delivery
Partner’s password, are confidential and, accordingly, these details shall not be shared with any third party,
without prior written approval from Blinkit. Any misuse of these credentials shall be the sole liability of
the Delivery Partner(s) and may result in suspension of the login ID.

2.3 At the time of onboarding the Blinkit DP Platform, the Delivery Partner will be required to choose the
vehicle category under which the Delivery Partner wishes to provide the Delivery Services, i.e., (i)
‘Motorbikes’ category (vehicle for the usage of which the Delivery Partner is required to have a driving
license), or (ii) ‘Others’ category (vehicles such as cycles for which the Delivery Partner is not mandated
to have a driving license).

2.4. The Delivery Partner(s) shall have access to the Blinkit DP Platform at all times unless there is a technical
glitch or if the Blinkit DP Platform is being updated.

2.5 After logging in, the Delivery Partner(s) shall be required to scan the QR code in the designated Dark
Store(s) for confirming their availability to undertake the Delivery Services. The Delivery Partner(s) shall
after having completed the delivery of each order, return to the designated Dark Store(s) and rescan the
QR code confirming their availability to continue to undertake the Delivery Services.

2.6 The Delivery Partner(s) is under no obligation to be available on the Blinkit DP Platform for a minimum
number of hours/days. The Delivery Partner(s) can at their sole discretion choose to either (i) log-in to the
Blinkit DP Platform anytime they want and for however long they want, or (ii) book Slots in advance and
log-in to the Blinkit DP Platform during such booked Slot. In case a Delivery Partner(s) books a Slot, the
Delivery Partner(s) will be required to stay logged into the Blinkit DP Platform for the duration of the
Slot. In case a Delivery Partner(s) books a Slot and fails to log-in to the Blinkit DP Platform, it will impact
the performance parameters of the Delivery Partner(s). In the event, a Delivery Partner(s) cancels a booked
Slot, the Delivery Partner(s) will be required to pay a cancellation fee as provided by Blinkit from time to
time. Such cancellation fee may be deducted from the payout of the Delivery Partner(s).

2.7 In addition to the Delivery Partner Fees(s), Blinkit may pay an availability fee to the Delivery Partner(s)
for being available on the Blinkit DP Platform to undertake Delivery Services (“Availability Fee”).

2.8 The Delivery Partner(s) confirm and acknowledge that by logging-in on the Blinkit DP Platform, the
Delivery Partner agrees to be tracked by Blinkit via GPS enabled tracking technology for the duration
while the Delivery Partner(s) is logged-in to the Blinkit DP Platform for enabling Blinkit to share this
information with Customer(s) on a real-time basis for tracking the status of their orders.

2.9 Blinkit shall not supervise the actions and conduct of the Delivery Partner(s) unless there is a complaint
made against the Delivery Partner(s) or they are in violation of these T&Cs while rendering Delivery
Services.

2.10 The Delivery Partner(s) shall attempt to collect and deliver the order(s) without any unwarranted delay.
In the event, there is a delay in delivery, the Delivery Partner(s) will inform the Store Manager(s) and/or
Blinkit’s designated representative providing the reason for such delay to enable Blinkit to communicate
the status of the order to the Customer(s).
2.11 If the order placed by the Customer(s) remains undelivered or is canceled for any reason attributable to
the Delivery Partner(s), the Delivery Partner(s) will inform the Store Manager(s) and/or Blinkit’s
designated representative providing the reason for such order being undelivered or canceled to enable
Blinkit to communicate such reason to the Customer(s).

2.12 All queries and questions raised by the Delivery Partner(s), including but not limited to how to collect an
order from the outlet of a Dark Store, directions for the delivery address, manner to store the order while
in transit shall be directed to the Store Manager of the designated Dark Store(s).

2.12 The Delivery Partner(s) may be required to undergo training, where the Delivery Partner(s) will be shown
how to use the Blinkit DP Platform including booking of Slots along with other compliances and
performance parameters which are required to be adhered to by the Delivery Partner(s).

2.13 The Delivery Partner(s) based on their performance will be segregated in four medal tiers, i.e., Diamond,
Silver, Bronze and Blue. Delivery Partner(s) who do not have any past performance metrics with Blinkit
will be assigned the silver medal tier. The medal tiers for each Delivery Partner(s) will be updated on a
weekly basis, in accordance with the performance of the Delivery Partner(s). Details regarding the
performance parameters, performance summary, medal tiers, change in the medal tiers and the benefits
associated with the medal tiers will be visible to the Delivery Partner(s) on the Blinkit DP Platform.

2.14 The Delivery Partner Fee(s) shall be paid to the Delivery Partner(s) for the successfully completed orders
on a weekly basis. The Delivery Partner Fee(s) and any change thereof will be notified to the Delivery
Partner(s) through the Blinkit DP Platform.

2.15 In case Delivery Partner(s) require any assistance, clarification and/or help with regard to use of the Blinkit
DP Platform or the Delivery Service(s), including for booking Slots, medal tiers, payouts and/or other
information, then the Delivery Partner(s) may reach out to the Store Manager or the Blinkit DP Platform
chat support for assistance.

3. DELIVERY CHARGES AND TAXES

3.1 The Delivery Partner(s) unconditionally and irrevocably authorize Blinkit to determine the amounts
chargeable to the Customer(s) as Delivery Partner Fee(s). Blinkit may determine the Delivery Partner
Fee(s) (including surge fees) basis real-time analysis of the demand for Delivery Services, availability of
Delivery Partner(s) on the Blinkit DP Platform to provide Delivery Services and other factors including
traffic and weather conditions, seasonal peaks etc. You agree that the Delivery Partner Fee(s) may be
revised on the basis of one or more of these factors. Any changes made to the Delivery Partner Fee(s) can
be checked on the Blinkit DP Platform.

3.2 You will not charge or demand from the Customer(s) any amount whatsoever in case of online payments.
In case of cash on delivery (“COD”) orders, you will not charge or demand from the Customer(s) any
amount over and above the Order Value. The Customer(s) may voluntarily decide to pay an additional
amount to You in the form of a Tip(s).

3.3 Blinkit may, at any time: (a) set off and/or deduct any amounts due from, payable by or proposed to be
paid by Blinkit to the Delivery Partner(s), including the Delivery Partner Fee(s), Tips(s), Availability
Fee(s) collected by Blinkit from the Customer(s) on behalf of the Delivery Partner(s) and (b) apply such
amounts towards any amounts due from or payable by the Delivery Partner(s) under or in connection with
these T&Cs. Nothing in this Clause 4.3 shall prejudice any right or remedy available to Blinkit, whether
under contract, law, or equity to recover any amounts due from, or payable by the Delivery Partner(s).

3.4 You authorize Blinkit to make Tax Deduction at Source (“TDS”) as per the Income Tax Act, 1961, where
applicable, and other applicable taxes from the amount paid or remitted to you under these T&Cs,
including the Delivery Partner Fee(s) and Tip(s) collected by Blinkit on your behalf from the Customer(s).
Blinkit will share the proof of such deduction with the Delivery Partner(s) within the time stipulated under
the Income Tax Act, 1961.
3.5 Blinkit shall raise a tax invoice containing such particulars as may be prescribed under the Goods and
Service Tax Act, 2017 and the rules made thereunder, as amended from time to time for any amount
charged to you by Blinkit and these amounts shall be inclusive of taxes.

4. OBLIGATIONS OF DELIVERY PARTNER(S)

4.1 Once the Delivery Partner(s) has logged-in to the Blinkit DP Platform using their log-in credentials and
scanned the QR code at the designated Dark Store(s), it will be deemed that the Delivery Partner(s) have
made themselves available to undertake Delivery Services as and when an order is placed by the
Customer(s) and the same is assigned to the Delivery Partner(s) through the Blinkit DP Platform.

4.2 The Delivery Partner(s) understand that Blinkit shall not be liable to give the Delivery Partner Fee(s) if
the Delivery Partner(s) has not logged-in to the Blinkit DP Platform and/or in case where the Delivery
Partner(s) has not completed the delivery of an order placed by the Customer(s).

4.3 The Delivery Partner(s) shall provide the Delivery Services based on and adhere to the vehicle category
chosen by the Delivery Partner(s) on the Blinkit DP Platform. The Delivery Partner(s) shall ensure that
the Delivery Partner Vehicle is in a good running condition, to avoid any unwarranted delays in rendering
Delivery Services. All costs, charges and/or fees for the maintenance and upkeep of the Delivery Partner
Vehicle shall be borne solely by the Delivery Partner(s). The Delivery Partner(s) undertake that the
Delivery Partner(s) possess a valid driving license, vehicle registration number, vehicle insurance policy
as required by the Applicable Law(s). The Delivery Partner(s) shall keep the aforesaid documents
validated at all times. Copies of the driving license as well as the registration certificate of the Delivery
Partner Vehicle, including any other document and/or information, shall be provided to Blinkit before
commencing Delivery Services or at any other time these documents and/or information may be required
by Blinkit.

4.4 Blinkit may provide the Delivery Partner(s) with certain assets including, but not limited to delivery bags,
t-shirts etc. (“Asset(s)”). These Assets shall be used at all times while providing the Delivery Services in
a prudent manner such that no damage is caused to the Assets. The Delivery Partner(s) shall maintain the
Assets in good condition at all times and immediately return it to Blinkit, upon the termination of these
T&Cs. In the event the Assets is not returned in a condition acceptable to the Blinkit or not returned at all,
Blinkit retains the right to set-off the value of the same against the payouts required to be made by Blinkit
to the Delivery Partner(s) for the Delivery Services.

4.5 The Delivery Partner(s) shall act and perform its role in an ethical manner and to the best of its abilities
by ensuring a timely pick-up and delivery of the orders. The Delivery Partner(s) shall conduct themselves
in accordance with these T&Cs and comply with all Applicable Law(s) including but not limited to the
provisions of the Motor Vehicles Act, 1988, the Food Safety and Standards Act, 2006, its corresponding
rules and amendments.

4.6 The Delivery Partner(s) agrees and acknowledges that in case Blinkit is made aware that a Delivery
Partner(s) commits any act or omission to gain undue advantage, such as frauds in collusion with
Customer(s), high number of order cancellations, order delay fraud, etc., while undertaking Delivery
Services, Blinkit shall, till such time, it is proven to the contrary, may suspend the account of the Delivery
Partner(s) as detailed under clause 10 of these T&Cs.

4.7 At no time whatsoever shall the Delivery Partner(s) tamper, damage, open or do anything to the order(s)
of the Customer(s) that they are not specifically permitted to do. In case Blinkit suffers any loss due to the
Delivery Partner(s) tampering, damaging, or opening the packaging of orders of the Customer(s), Blinkit
shall have the right to recover any loss, if any, from the payouts required to be made by Blinkit to the
Delivery Partner(s) for the Delivery Services.

4.8 For COD orders, the Delivery Partner(s) is required to collect the Order Value in cash from the
Customer(s) on behalf of Blinkit. The collected amount, (excluding Tip(s)) shall be deposited by the
Delivery Partner(s) with Blinkit in such manner and at such frequencies as Blinkit may instruct from time
to time in writing. In the event the Delivery Partner(s) does not deposit the cash collected from Customer(s)
to Blinkit, then the cash value shall be deducted from the Delivery Partner Fee(s). In a scenario where, the
Delivery Partner(s) fails to collect the Order Value from the Customer(s) due to any reason, the Delivery
Partner(s) shall immediately report such incidents to Blinkit through the Blinkit DP Platform support
service for Blinkit’s investigation and further action.

4.9 The Delivery Partner(s) shall undertake the Delivery Services by themselves and shall not delegate the
same to any third party. In the event, it is reported that the Delivery Partner(s) have delegated the delivery
to a third party, the account of the Delivery Partner(s) may be suspended for misuse of the Blinkit DP
Platform and non-adherence of these T&Cs. Further, the Delivery Partner(s) shall be solely responsible
for the actions of such person to whom the delivery is delegated including any civil or criminal liability.

4.10 All confidential information related to the Customer(s) and Blinkit DP Platform shall at all times be kept
confidential and used only for the limited permitted purposes of rendering Delivery Services. Any
unauthorized disclosure of the confidential information related to the Customer(s) and Blinkit DP Platform
may lead to suspension of the Delivery Partner(s) as detailed in Clause 10 of these T&Cs.

4.11 The Delivery Partner(s) shall be entitled to medical and accident benefits, accidental death/disability
benefits under insurance cover provided by Blinkit, through which the eligible Delivery Partner(s) can
claim reimbursement or avail cashless treatment arising out of illness or accident (“Medical Benefits”).
In addition to the Medical Benefits, the Delivery Partner(s) may also get discounts on medicines, doctor
on call consultations, without any additional cost. The Delivery Partner(s) may get the claim if the Delivery
Partner(s) is eligible as provided under such policies of the Medical Benefits and further all the necessary
verification of all the requisite documents is completed. More information on the Medical Benefits can be
accessed through the Blinkit DP Platform.

4.12 The Delivery Partner(s) shall return the ordered items to the Dark Store(s) in the event of an order
cancellation/return of order or any item of order by Customer(s), non-availability of Customer(s) for
receiving the order and/or any other instances as prescribed by Blinkit from time to time.

5. OBLIGATIONS OF BLINKIT

5.1 All Delivery Partner Information procured shall be kept confidential and used in accordance with these
T&Cs.

5.2 Blinkit shall make all reasonable efforts to ensure that the Blinkit DP Platform is accessible to the Delivery
Partner(s). However, Blinkit shall not be liable for any technical glitches or updates/maintenance due to
which Delivery Partner(s) are unable to log-in to the Blinkit DP Platform or receive orders. The Delivery
Partner(s) may reach out to the chat support available on the Blinkit DP Platform to raise such concerns.

6. DELIVERY PARTNER(S) INFORMATION

6.1 Blinkit will collect the Delivery Partner Information at the time of onboarding the Delivery Partner(s) on
the Blinkit DP Platform or any time thereafter, to establish the identity and for conducting background
checks of the Delivery Partner(s). Blinkit reserves the right to store, process, access and use the Delivery
Partner Information for business purposes, background check, verification, marketing, Assets distribution,
training & support services, analytics, research, and any other purpose as may be required by Blinkit for
its internal purpose and/or basis the requirement under any Applicable Law(s). The Delivery Partner(s)
hereby expressly consents to such collection and use of Delivery Partner Information by Blinkit.

6.2 Blinkit may share the Delivery Partner Information with third party service providers for providing certain
additional benefits to the Delivery Partner(s) which may include vehicle repair and maintenance, electric
vehicles facilitation, daily utilities, Medical Benefits, any form of credit facility and any housing facility
etc., which may be provided to the Delivery Partner(s) from time to time, on such terms and conditions as
may be agreed in writing between the Delivery Partner(s) and Blinkit.

6.3 Subject to Applicable Law(s), Blinkit may share the Delivery Partner Information, or information relating
to Delivery Services with government agencies, judicial bodies, or any other regulatory authority.

6.4 The Delivery Partner(s) hereby acknowledges and agrees to the use of their personal information and
photographs/videos by Blinkit for certain purposes, including for Blinkit's internal communications and
presentations, training materials, marketing, and advertising activities on various platforms, including
without limitation, online advertisement, social media, and offline advertising. The Delivery Partner(s)
hereby consents to the sharing of its information and photographs by Blinkit with third parties for the
aforesaid purposes.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 The Parties hereby agree that all Intellectual Property Rights shall be in absolute ownership, possession,
and control of Blinkit. The Delivery Partner(s) is only permitted to use such Intellectual Property Rights
in connection with the Delivery Services rendered under these T&Cs as are specifically permitted by
Blinkit. The Parties hereby clarify that no license or rights is granted in the Intellectual Property Rights to
the Delivery Partner(s) under these T&Cs, by implication or otherwise.

7.2 Notwithstanding anything contained in these T&Cs, in the event the Delivery Partner(s) uses the
Intellectual Property Rights in such manner so as to license, sub-license, create derivative works, use it
otherwise not being in connection with Delivery Services rendered under these T&Cs, the same shall
constitute a breach of these T&Cs and Blinkit reserves its rights to initiate legal proceedings against the
Delivery Partner(s) for recovering damages and losses suffered or likely to be suffered by Blinkit.

8. REPRESENTATIONS AND WARRANTIES

The Delivery Partner(s) represents and warrants as follows:

(a) The Delivery Partner(s) is capable of entering into this Agreement, pursuant to the Indian
Contract Act, 1872 and is not below the age of eighteen (18) years on which the Delivery
Partner(s) agrees to these T&Cs.

(b) All Delivery Partner(s) Information provided is true and correct and there is no fact or
information that could impact the Delivery Partner(s)’s performance to render Delivery
Services pursuant to these T&Cs.

(c) The Delivery Partner(s) has not been convicted by any court in India or any other country of
any crimes including but not limited to involving moral turpitude. Further, the Delivery
Partner(s) is not a party to any pending litigation, which affects their obligations under these
T&Cs.

9. SUSPENSION & TERMINATION

9.1. Suspension

Blinkit may suspend and/or temporarily deny the Delivery Partner(s) access to the Blinkit DP Platform
if:

(i) the actions of Delivery Partner(s) can be associated with any potential fraud or misconduct.

(ii) there is a failure of verification or authentication of Delivery Partner(s) Information, or any


other details provided by the Delivery Partner(s) at the time of onboarding.

(iii) it deters other Delivery Partner(s) from carrying out Delivery Services, causing harm to other
Delivery Partner(s), willfully damaging the orders or assets of Blinkit, or indulging in acts such
as creating disruption of Delivery Services operations or any activity against Blinkit.

(iv) the performance of the Delivery Partner(s) is not up to mark and/or under the poor performance
category as per quality parameters of Blinkit updated from time to time.
9.2. Termination

9.2.1 Blinkit may terminate the Agreement and deny the Delivery Partner(s) access to the Blinkit DP
Platform at any time by providing a reason for such termination. The date on which the Delivery
Partner(s)’s access to the Blinkit DP Platform is intentionally blocked by Blinkit shall be considered as
the Termination Date of the Agreement.

9.2.2 Without prejudice to the generality of the foregoing clause, Blinkit reserves the right to terminate the
Agreement with immediate effect for:

(i) Any breach of the terms of these T&Cs by the Delivery Partner(s).

(ii) Violation of any Policies by the Delivery Partner(s).

(iii) Repetitive instances with failure to verify or authenticate Delivery Partner Information, on
account to conceal or share incorrect or false information provided by the Delivery Partner(s).

(iv) Any willful action or omission by the Delivery Partner(s) which may cause legal or contractual
liability for Blinkit including but not limited to fraudulent conduct, misconduct, gross negligence,
and all other actions specifically prohibited under Applicable Law(s).

(v) Impersonation.

(vi) Collusion with Customer(s), Store Manager(s), and other delivery partners for monetary benefits.

(vii) Indulging in spreading false or misinformation against Blinkit through digital media, social
networking sites, or any other form, which may damage Blinkit’s brand and its goodwill.

For more information on the quality policy and grounds of termination, the Delivery Partner(s) may
refer to the Blinkit DP Platform.

9.2.3 The Delivery Partner(s) may terminate the Agreement by providing a reason to the Store Manager(s)
and/or Blinkit representatives for such termination.

9.2.4 In the event of suspension or termination, Blinkit reserves the right to recover any and all amounts due
and owed by the Delivery Partner(s) and take appropriate legal actions that may be available under
Applicable Law and equity for recovery of any amounts due.

9.2.5 The Delivery Partner(s) shall be informed by the Store Manager(s) and/or through Blinkit representative
and/or notification on the Blinkit DP Platform about the default in parameters which caused such suspension
or termination. Delivery Partner(s) may reach out to the Store Manager(s) and/or Blinkit DP Platform chat
support to seek any assistance and/or clarification for such suspension or termination. It is clarified that the
suspension or termination may be reversed if during the discussion it is found that the default in the
parameter was not intentional or for any reason not attributable to the Delivery Partner(s) and/or if the
Delivery Partner(s) agrees to improve its performance basis the parameters detailed hereinabove. It is
hereby clarified that Delivery Partner(s) would need to complete the training videos, similar to ones
provided at the time of onboarding process in order to provide improved Delivery Services, post which the
Delivery Partner(s) account may be enabled.

10. INACTIVITY

Failure to log-in to the Blinkit DP Platform for a continuous period of twenty (20) days will lead to the
account of the Delivery Partner(s) being made in-active. To reactivate the account, the Delivery Partner(s)
can, through the support section of Blinkit DP Platform, request for such reactivation of their account. The
reactivation shall be subject to the requirement of Delivery Partner(s) in the area of operation of the
Delivery Partner(s).
11. RELATIONSHIP OF THE PARTIES

The Delivery Partner(s) are independent contractors who provide Delivery Services on a principal-to-
principal basis. There is no partnership, joint venture, employment, agency, franchise, sales representative,
or any vicarious and absolute liability relationship between Blinkit and the Delivery Partner(s). Further,
the Delivery Partner(s) shall not have any claim for permanent employment or employment benefits under
any Applicable Law(s). The Delivery Partner(s) shall not, at any time, represent to any person including
Customer(s), Partners and/or Third-Party Sellers to be a representative of Blinkit.

12. INDEMNIFICATION AND LIMITATION OF LIABILITY

12.1. The Delivery Partner(s) agree and undertake to indemnify and hold harmless Blinkit, its affiliates,
successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and
representatives from and against any losses, damages, liability, claims, costs, penalty and expenses
(including, without limitation, reasonable attorneys’ fees) incurred by reason of (i) any breach or alleged
breach of obligations under these T&Cs; (ii) any violation of Blinkit’s Policies; (iii) any violation of
Applicable Law(s); (iv) any willful act or omission that causes or may cause harm to the reputation and
goodwill of Blinkit; (v) any claim of violation of Intellectual Property Rights of Blinkit; (vi) any
misconduct or unauthorized access or use of the Customer(s) data or by the transferring of such data to
any third party or unauthorized disclosure or use of confidential information of Blinkit; (vii) any act of
theft, fraud, negligence and misconduct by you; (viii) damage to the Dark Store(s) or Customer(s) property
or any asset; (ix) any misbehavior towards the Dark Store(s), Customer(s) or Blinkit’s employees; (x)
tampering with the ordered items while performing the Delivery Services; and (xi) loss on account of non-
submission or failure to deposit the cash collected from the Customer(s) in the manner as prescribed by
Blinkit from time to time.

12.2. In the event the Delivery Partner(s) suffers monetary loss on account of failure by a Customer(s) to collect
the order and/or failure by a Customer(s) to pay for the order and other such reasons relating to order
fulfillment, Blinkit, subject to an internal verification of such matter shall refund such amount due to the
Delivery Partner(s). Provided that, the Delivery Partner(s) has followed all instructions and made all
possible attempts to fulfill the order. Blinkit does not assume any liability or any responsibility for any
loss suffered by the Delivery Partner(s) arising out of misbehavior by other Delivery Partner(s) or
Customer(s), however, Blinkit in cases wherever required shall extend its support to the Delivery
Partner(s) for the necessary resolution.

12.3. For any loss suffered by the Delivery Partner(s) arising out of malfunction, partial or total failure of any
network terminal, data processing system, computer tele transmission or telecommunications system of
Blinkit, while performing Delivery Services, Blinkit shall, subject to verification, compensate the Delivery
Partner(s) for such monetary loss suffered by the Delivery Partner(s) due to aforesaid technical failures. It
is hereby clarified that; at no point shall the monetary loss exceed the sum of the order value and the
Delivery Partner Fee(s) payable to the Delivery Partner(s) for that order.

12.4. Blinkit does not assume any responsibility or liability for any loss or damage suffered by the Delivery
Partner(s) due to the Partner(s)/Customer(s) non-compliance, which includes, but is not limited to, any
incorrectly placed voice instructions, malfunction, partial or total failure of any network terminal, data
processing system, computer tele-transmission or telecommunications system or other circumstances such
as failure by a Customer(s) to make themselves to collect or pay for the order despite agreeing to do so
and other such reasons beyond the reasonable control of Blinkit. However, if the Delivery Partner(s) has
followed all instructions and made all possible attempts to collect and/or deliver the order, Blinkit,
pursuant to a verification shall refund such amount paid by or due to the Delivery Partner(s).

12.5. Blinkit does not assume any responsibility or liability for any loss or damage caused by any act of the
Delivery Partner to Customer(s), Store Manager(s) and/or fellow delivery partners while providing
Delivery Services and the Delivery Partner shall solely remain liable for such acts.

12.6. Notwithstanding anything contrary contained elsewhere in these T&Cs, the total cumulative liability of
the Delivery Partner for order related issues towards Blinkit shall not exceed the Order Value. For COD
orders, the total liability of the Delivery Partner shall not exceed the total cash collected and not deposited
by the Delivery Partner to Blinkit.

13. SPECIFIC INDEMNITY

The Delivery Partner(s) shall be solely liable for any and all accidents/incidents involving the Delivery
Partner(s) Vehicle, while providing the Delivery Services. Blinkit shall not be held liable for any such
accidents/ incidents involving the Delivery Partner(s). Provided however that Blinkit shall provide its
reasonable assistance and support to the Delivery Partner(s) in such cases and the Delivery Partner(s) may
be available to avail the insurance for instances such as accidents where a Delivery Partner(s) has received
bodily injuries and/or if a Delivery Partner becomes disabled to provide the Delivery Services. In addition
to the aforesaid, Medical Benefits will also be extended to the Delivery Partner(s) as provided under clause
5 (xvi) as an additional support to the Delivery Partner(s).

14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1. These T&Cs shall be governed by laws of India.

14.2. The courts of Gurugram, Haryana shall have exclusive jurisdiction over all disputes arising from these
T&Cs.

15. MISCELLANEOUS

15.1. Force Majeure: Neither Party shall have any liability under or be deemed to be in breach of these T&Cs
for any delays or failures in performance of these T&Cs which results from circumstances beyond the
reasonable control of that Party such as acts of god, fire, earthquake, tempest, flood, lighting, violence of
any army or mob or enemies of the country.

15.2. Assignment: No rights or liabilities under these T&Cs can be assigned by any of the Parties without the
prior written consent of the other Party.

15.3. Entire Agreement: These T&Cs supersedes all prior discussions and agreements (whether oral or written)
if any, between the Parties with respect to the subject matter of these T&Cs.

15.4. Term: The Agreement shall, unless specifically terminated in accordance with the provisions contained
herein, be valid and effective from the date of the execution of the Agreement till such time that the
Delivery Partner(s) continues to remain enlisted with the Blinkit DP Platform.

15.5. Severance: Any provision of these T&Cs which is invalid or unenforceable shall be ineffective to the
extent of such invalidity or unenforceability, without affecting in any way the validity, legality, and
enforceability of the remaining provisions hereof.

15.6. Modification: Blinkit may amend or change these T&Cs, from time to time at its own discretion. Blinkit
will inform the Delivery Partner(s) on the Blinkit DP Platform at least 48 (forty-eight) hours before
implementing any amendment/change to these T&Cs. The Delivery Partner(s) shall on the receipt of such
notification on the Blinkit DP Platform be responsible for checking these T&Cs and ensure continued
compliance with these T&Cs. In the event, Delivery Partner(s) require any clarification for the
amendment/change made to these T&Cs, the Delivery Partner(s) may reach out to their Store Manager(s).
If the Delivery Partner(s) do not agree with the amendment/change made to these T&Cs, the Delivery
Partner(s) are advised to immediately cease use of the Blinkit DP Platform. Your use of Blinkit DP
Platform after any such amendment/change shall be deemed as your express acceptance to such
amended/changed T&Cs and you also agree to be bound by such amended/changed T&Cs.

16. DELIVERY PARTNER(S) GRIEVANCE REDRESSAL MECHANISM

The grievance redressal mechanism is in place for Delivery Partners who believe they may have been
subject to discrimination and/or harassment from Customers, fellow Delivery Partners, and/or by the Store
Manager(s). The grievance redressal mechanism is provided under the policy on zero tolerance towards
discrimination against and/ or harassment of Delivery Partners as available on the Blinkit DP Platform.

The Delivery Partner(s) may also reach out to Blinkit representatives and/or through the Blinkit DP Platform
chat support for any assistance and/or clarification regarding these T&Cs and/or for any other grievances.
Blinkit on the receipt of any Delivery Partner(s) related grievance shall verify the concern and investigate
internally to provide a resolution within 15 (fifteen) days from the date of receipt of such grievance.

17. DISCLAIMER

This document is an electronic record in terms of Information Technology Act, 2000 and Rules framed
thereunder (as applicable) and the provisions pertaining to electronic records in various statutes as
amended by the Information Technology Act, 2000. This electronic record is generated by a computer
system and does not require any physical or digital signatures. Delivery Partner(s) agrees and
acknowledges that the acceptance of delivery of an order placed by the Customer(s) constitutes a separate
and independent contract between the Delivery Partner(s) and the Customer(s) for providing Delivery
Services.

Blinkit does not warrant that you will be able to use the Blinkit DP Platform and/ or will be able to provide
the Delivery Services at all times or locations on the Blinkit DP Platform or that the Blinkit Platform and
the Platform Services will be uninterrupted or error-free or that the defects will be capable of being
corrected by the Blinkit in a timely fashion. The Platform Services, Blinkit DP Platform, the output
generated there from, and all other technology developed by Blinkit are provided to you on an “AS IS”
and “AS AVAILABLE” basis and Blinkit specifically disclaims all warranties and indemnities, express,
implied or statutory, including without limitation any warranty of merchantability, fitness for a particular
purpose, accuracy, completeness, or any other warranty arising from the course of performance or course
of dealing.

You might also like