TERMS AND CONDITIONS

Terms Of Use

These terms govern your use of our website www.lanzo.co.in and our "Lanzo" application for Android mobile devices. Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with Lanzo and you signify your acceptance to the Terms of Use and other Lanzo policies as posted on the Platform from time to time, which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same.

Lanzo enables transactions between participant restaurants/merchants and buyers, dealing in prepared food and grocery items. The buyers can choose and place orders from a variety of products listed and offered for sale by various merchants including the restaurants and food stall on the Platform and Lanzo enables delivery of such orders at select localities of serviceable cities across India. For the delivery services rendered, Lanzo may charge you delivery fee (inclusive of applicable taxes whenever not expressly mentioned)

Personal Information

SYNDAI (OPC) PRIVATE LTD is the licensed owner of the brand lanzo and the website www.lanzo.co.in (“The Site”). Syndai (OPC) Private Ltd respects your privacy. This Privacy Policy provides succinctly the manner your data is collected and used by Syndai (OPC) Private Ltd on the Site. As a visitor to the Site/ Customer you are advised to please read the Privacy Policy carefully. By accessing the services provided by the Site you agree to the collection and use of your data by Syndai (OPC) Private Ltd in the manner provided in this Privacy Policy.

Services overview

As part of the registration process on the Site, Syndai (OPC) Private Ltd may collect the following personally identifiable information about you: Name including first and last name, alternate email address, mobile phone number and contact details, Postal code, Demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information.

Eligibility

Services of the Site would be available to only select geographies in India. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years but at least 14 years of age you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited.

License & Site access

Syndai (OPC) Private Ltd grants you a limited sub-license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Syndai (OPC) Private Ltd. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Syndai (OPC) Private Ltd. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site or of Syndai (OPC) Private Ltd and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Site’s or Syndai (OPC) Private Ltd’s name without the express written consent of Syndai (OPC) Private Ltd. Any unauthorized use terminates the permission or license granted by Syndai (OPC) Private Ltd.

Account & Registration Obligations

All shoppers have to register and login for placing orders on the Site. You have to keep your account and registration details current and correct for communications related to your purchases from the site. By agreeing to the terms and conditions, the shopper agrees to receive promotional communication and newsletters upon registration. The customer can opt out either by unsubscribing in "My Account" or by contacting the customer service.

Pricing

All the products listed on the Site will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities and fresh food prices do change on a daily basis. In case the prices are higher or lower on the date of delivery not additional charges will be collected or refunded as the case may be at the time of the delivery of the order.

Cancellation by Site / Customer

You as a customer can cancel your order anytime up to the cut-off time of the slot/order for which you have placed an order by our app service. In such a case we will refund any payments already made by you for the order. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.

Return & Refunds

We have a "no questions asked return and refund policy" which entitles all our members to return the product at the time of delivery if due to some reason they are not satisfied with the quality or freshness of the product. We will take the returned product back with us and issue a credit note for the value of the return products which will be credited to your account on the Site. This can be used to pay your subsequent shopping bills.

You Agree and Confirm

That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Syndai (OPC) Private Ltd for redelivery shall be claimed from you. That you will use the services provided by the Site, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.

You will provide authentic and true information in all instances where such information is requested of you. Syndai (OPC) Private Ltd reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever.

You authorise Lanzo to contact you for any transactional purposes related to your order/account. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.

That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.

You may not use the Site for any of the following purposes:

Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material. Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

Gaining unauthorized access to other computer systems. Interfering with any other person's use or enjoyment of the Site. Breaching any applicable laws; Interfering or disrupting networks or web sites connected to the Site.

Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Colours

We have made every effort to display the colours of our products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

Modification of Terms & Conditions of Service

Syndai (OPC) Private Ltd may at any time modify the Terms & Conditions of Use of the App without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Site. You should regularly review the Terms & Conditions on the Site. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this App.

Governing Law and Jurisdiction

This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Agartala shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Syndai(OPC) Private Ltd and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Bangalore. The High Court of judicature at Agartala alone shall have the jurisdiction and the Laws of India shall apply.

Reviews, Feedback, Submissions

All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to the Site on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain the property of Syndai (OPC) Private Ltd. Such disclosure, submission or offer of any Comments shall constitute an assignment to Syndai (OPC) Private Ltd of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Syndai (OPC) Private Ltd owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Syndai (OPC) Private Ltd will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Syndai (OPC) Private Ltd is and shall be under no obligation

  1. to maintain any Comments in confidence;
  2. to pay you any compensation for any Comments; or
  3. to respond to any Comments.

You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". Syndai (OPC) Private Ltd does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Syndai (OPC) Private Ltd the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Syndai (OPC) Private Ltd and its affiliates for all claims resulting from any Comments you submit. Syndai (OPC) Private Ltd and take no responsibility and assume no liability for any Comments submitted by you or any third party.

Copyright & Trademark

Lanzo & Syndai (OPC) Private Ltd, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Syndai (OPC) Private Ltd or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Syndai (OPC) Private Ltd. Any use of this App or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Syndai (OPC) Private Ltd. You may not modify, distribute or re-post anything on this App for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Syndai (OPC) Private Ltd, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Syndai (OPC) Private Ltd endorsement, sponsorship or recommendation of the third party, information, product or service. Syndai (OPC) Private Ltd is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this App (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of Syndai (OPC) Private Ltd or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this App may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Syndai (OPC) Private Ltd, one of its affiliates or by third parties who have licensed their materials to Syndai (OPC) Private Ltd and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this App is the exclusive property of Syndai (OPC) Private Ltd and is also protected by Indian and international copyright laws.

Objectionable Material

You understand that by using this App or any services provided on the App, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, Syndai (OPC) Private Ltd shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

Indemnity

You agree to defend, indemnify and hold harmless Syndai (OPC) Private Ltd, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Syndai (OPC) Private Ltd or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Termination

This User Agreement is effective unless and until terminated by either you or Syndai (OPC) Private Ltd. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. Syndai (OPC) Private Ltd may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to Syndai (OPC) Private Ltd. Upon any termination of the User Agreement by either you or Syndai (OPC) Private Ltd, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Syndai (OPC) Private Ltd’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.

TERMS OF RESTAURANT PARTNER ENROLMENT FORM

These are part of the Restaurant Partner Enrolment Form for Online Ordering Services and constitute a legal agreement made between "Restaurant Partner" and Syndai (OPC) Private Ltd and affiliates to use the Lanzo Platform for Restaurant Services by the Restaurant Partner to the Customers.

1. Definitions

● Form means Restaurant Partner registration form for online ordering service in the Lanzo platform.
● Customer Application means the online website and/or mobile based order application of Lanzo. It enables customers to place orders with the Restaurant Partner for restaurant services purposes with tracking facilities of the status of the order placed by such customers and facilitates customers towards payment to the Restaurant Partner.
● Commission means the amount payable to Lanzo by the Restaurant Partner as % set out in the Form.
● Delivery Charge refers to the delivery fee charged by the Delivery Personal from the customer for each order where Lanzo facilitates delivery of order to the customers.
● Payment system means the online/mobile based payment mechanisms including third party payment gateway, credit/debit card, net banking or e-wallets for the purposes of payment of the order amount by the customers.
● Customer means the person place orders through the platform.
● Customer Information means all information provided by the customers in the platform.
● Information means the information provided along with the Form and any information supplied by the Restaurant Partner to Lanzo such as Menu, Price Lists, Opening Hours of the restaurant, rates at which taxes are charged by the Restaurant Partner.
● Delivery Personnel refers to the third party delivery services who deliver services to the Restaurant Partner through the online technology platform of Lanzo.
● Delivery Service refers to the services offered by Lanzo i.e Lanzo connect the Restaurant Partner with Delivery Personnel via online where Delivery Personnel pick up orders from the Restaurant and deliver the same to the Customers.
● Menu means the virtual document or page listed on the platform by the Restaurant Partner to offer Restaurant Services.
● Merchant Application means the Lanzo developed online order management application which provides Restaurant Partner the receive order/orders for the Restaurant Services, allows the partner to accept or reject the order/s at particular times, gives the status of the customers orders and place a request to delivery services.
● Net value means after deduction of commission and any other additional amount charges etc that are due to Lanzo.
● Net Sales refers to the amount that is after deduction of applicable taxes, discount, delivery charges etc.
● Order means the placement of an order by the customer with the Restaurant Partner for the purchase of Restaurant service through the platform.
● Order Value refers to the amount that is payable by the customer upon placement of any order with the Restaurant Partner on the Lanzo platform for restaurant services.
● Platform refers to the Website and the App owned by Lanzo.
● Packed Goods means the food items packaged in a manner that the contents cannot be changed without tampering it and which is ready to sell to the customers and as may be defined under the Food Safety and Standard Act, from time to time.
● Restaurant refers to a commercial establishment for a specific purpose where the Restaurant Partner execute restaurant service to the customer and where the food items are prepared and delivered to the customers.
● Restaurant Partner refers to the individual or entity being the owner or the operator of the restaurant as mentioned in the Form.
● Restaurant Service refers to the food items listed in the menu from time to time to sold by the Restaurant Partner on the Lanzo platform.
● Service refers to the services offered by the Lanzo to the Restaurant Partner for restaurant service by the partner to the customer via our platform. These include; listing of menu and the price lists, order placement services for getting the restaurant services by the customers from the Restaurant Partner, payment services for payment of order amount by the customers, complaint redressal services between the customers and the Restaurant Partner and delivery services where applicable.
● Website refers to the www.lanzo.co.in which includes the channels, mobile app, software of technologies.

2. Lanzo obligatory works:

● Lanzo will list the menu and price list of the Restaurant Partner on the platform.
● Lanzo will display on the platform the menu and price list for all of its Partner and partner agrees that we reserves the right to modify and delete certain items from the partner’s menu list at its sole discretion, listed on the platform, to ensure compliance with food safety and standards Act, 2006 or applicable law in the relevant state or territory and all other applicable legislation, regulations.
● Lanzo assure to update price lists within 24 hours of being notified for update in written by our partner.
● In a case where the partner is not fluent to use and access the admin panel and dashboard to edit and update on the platform, the partner should ensure that it keeps such information true, accurate and update at all times and complies with lanzo’s internal terms and conditions.
● Zomato may perform a variety of marketing activities to promote the Restaurant Partner and the Restaurant Partner's menu; provided, however, that all such marketing activities will be determined in Zomato’s sole and absolute discretion and the Platform may be modified or updated, without notice and from time to time, to reflect any such changes.
● Transfer the Restaurant Partner due amount after deduction with agreed terms.
● Lanzo will display on the platform all necessary information provided by the Restaurant Partner with best efforts on the platform in compliance to the Lanzo terms and conditions.
● Lanzo will transfer the order placed by customers to the Restaurant Partner.
● Partner Restaurant will receive orders through web portal or App on a real time basis.
● It is hereby expressively clarified that Lanzo is only responsible for providing a platform to the Restaurant Partner to list, offer and sell the restaurant services to the customers and logistic service and that Lanzo is not responsible or liable for the quality of the restaurant services listed and advertised on the platform and the processing of the orders which have been placed by the customers with the Restaurant partner on our platform and any delay in preparation of the order by the Restaurant Partner.
● Lanzo has full right to suspend the Restaurant Partner’s account in the event of the non compliant with the Food Safety Standard Act and Rules, regulations , licenses and guidelines issued from time to time.
● During delivery services Lanzo will not be responsible for the delivery of orders or any issues associated therewith unless, Restaurant Partner has contractually opted for delivery services from Lanzo. Further while Restaurant Partner opt for delivery services, Lanzo will only responsible to tally the numbers of items ordered against the order received. Restaurant Partner should agree that we shall not be responsible for quality and quantity. If the packet of the order is tempered with during delivery of the order Lanzo will not be responsible for the quality and quantity of the order. It is fully the responsibility of the Restaurant Partner. And in the event the Restaurant Partner opts for delivery services, our partner accept and agrees that delivery will be facilitated by us through a delivery personnel. It is also agreed by our Restaurant Partner that Lanzo shall not be responsible in the event of delivery personnel indulges in theft of the order or in any illegal activity or misconduct with the customer or the staff of the partner or indulges in any vandalism activity. It is to be noted here that Lanzo does its best efforts to fulfill the delivery services opted by the Restaurant Partner but has no control in any manner whatsoever.
● Restaurant partner will not push Lanzo liable for any claims arising from any order and Lanzo may levy charge from customer for delivery of order.
● Our Restaurant Partner should read and agree that Lanzo is only a facilitator to the delivery services by connecting delivery personnels with the Restaurant Partner for delivery of order/s from the partner to the customer and cannot be held any liability for any unlawful activity of the delivery personnel.

3. Restaurant Partner Responsibility:

● Restaurant Partner should not discriminate services to customers while service orders through the platform.
● Restaurant Partner will ensure informations relating to taxes, levies and charges as applicable and clearly visible to the customers on their invoice as per the applicable laws.
● Restaurant Partner should ensure the execution time of orders.
● Restaurant Partner should turn off the accepting delivery feature mode on its mechanism when the partner is unable to provide services to the customers.
● Restaurant Partner should not reject any order. In the event of the rejection of any order Lanzo may charge an amount flat 50% of the order that is rejected.
● Any modification of order by the customer directly to the Restaurant Partner will be informed to the Lanzo.
● Safety of food is the core area Restaurant Partner should not compromise.
● Our partner will keep a separate list of pre packed goods which form part of the partner menu list to provide Lanzo to list on the platform in the format accepted by us.
● Parity of price should be maintained by the partner all the times for selling to the customers in the platform.
● The Restaurant Partner acknowledges and agrees that while Zomato will use its best endeavours to ensure that the Platform is not misused by the Customers for the placement of erroneous/fraudulent Orders, it is the ultimate responsibility of the Restaurant Partner to determine whether an Order is erroneous or not. In the event of an erroneous Order, the Restaurant Partner undertakes to report such an erroneous Order to Zomato through the Tablet or Zomato Device or call Zomato for Zomato’s action and investigation. In this regard, Zomato provides a built-in feature(s) in the Merchant Application and web dashboard access that will allow the Restaurant Partner to report erroneous Orders.

The Restaurant Partner warrants that the food and beverages provided to Customers under the Restaurant Services are:

● Of best quality and harmless for human consumption.
● Regarding rules, regulations, standards guidelines and license are followed by the Restaurant Partner by latest guidelines.
● With relevant to Indian legislation and all applicable food industry laws.
● In any event if an order cannot be processed Restaurant Partner should clarify the details of an order.
● Restaurant Partner should not keep any menu items unavailable with the Restaurant Partner.
● Restaurant Partner agrees to take full responsibility for delivering restaurant services to the customers for orders placed by the customers with the Restaurant Partner on the platform.
● In accordance with the order placed by the Customer Restaurant Partner should appropriately packed and fastened to avoid any spillage during the delivery while accepting the same.
● Restaurant Partner should undertake adequate police information and background checks for its delivery personnel, delivery personnel must not be intoxicated, don’t misbehave with the customer, maintained adequate insurances and provide proper training to its delivery personnel for avoiding any spillage or delay.
● Customer complaints should be resolved by the partner received by Lanzo relating to the quality or quantity or any other issues relating the restaurant services and the partner shall be liable and bound to take action on complaints raised by customer pertaining to the order.
● Restaurant partner shall required to furnish a copy of PAN, TAN, GSTIN, FSSAI license and registration certificates to Lanzo.
● Spill proof package is to be handed over to Lanzo authorised delivery personnel by the Restaurant Partner.
● Single use plastic shall not be used by Restaurant Partner in packing any order and comply with the law on ban of use of single use plastic.
● Restaurant Partner shall indicate an order preparation time and handover time and if delayed for handover as indicated Restaurant Partner shall be responsible for any issue and cost.
● Restaurant Partner should not use the customer data to send any marketing message, announcements except fulfilment of orders.
● Restaurant Partner must ensure the updated Merchant Application.
● Partner should agree that any assets like swipe machines, bags, pos machines etc provided to the delivery personnel at their own risk. Lanzo is not responsible for it.

4. License:

Restaurant Partner agrees to grant unrestricted royalty free license of all content and information provided to the platform (including Partner’s Name, establishment name, logo, menu items and price lists etc) for inclusion in Lanzo. This includes to use of partner’s name to support advertising and promotional campaigns to promote online ordering , preparation of derivative works or incorporate into other works, any portion of the marketing materials which will be made for the purpose of business. Anything submitted to the Lanzo by the Restaurant Partner either through the platform or otherwise shall be treated as non confidential under relevant data protection legislation. The Partner also grants royalty free, non exclusive licenses to use, copy, modify, adapt, translate, publish and distribute Nationwide for any purposes of providing services under these terms or to or for the purposes of advertising and promotion of the platform, the partner agrees that all information that published, may relied upon by customers to enable them to make decisions and constitute a legal contract.

5. Payments System

The Restaurant Partner agrees to provide the payment systems to the Customers for the payment :

▪ Cash on delivery;
▪ Electronic Payment Mechanism; and
▪ Redemption of vouchers / discount coupons as approved by Lanzo.

o The Restaurant Partner agrees that Lanzo will provide the Partner a monthly invoice within a period of 7 (seven) days from the last date of the preceding month for the Commission, Payment Mechanism Fee, refund charges, Commission towards Pickup and other amounts, charges that is payable by the Restaurant Partner to Lanzo in respect of the applicable Orders.
o Invoices will be sent to the Restaurant Partner by email.
o The Partner acknowledges and agrees that all amounts that are payable to Lanzo under these Terms shall be exclusive of the applicable taxes and that all applicable taxes will be charged separately.

● Payment Settlement Process

o The Restaurant Partner shall agrees that any Order amount which is collected by Zomato on behalf of the Restaurant Partner shall be transferred by Lanzo to the Restaurant Partner after the deduction of the following amounts by Lanzo from such Order amount:

▪ Commission (For cash on delivery orders and online paid Orders);
▪ Payment Mechanism Fee for such order amount;
▪ Commission towards delivery and
▪ any other amount if any.

o The Parties acknowledge and agree that the payable amounts, by Lanzo to the partner shall remitted within a period of 3 bank working days or on a weekly settlement basis from the date the payment of the Order Value is received by Lanzo. If Restaurant Partner opts for weekly settlement of the Order Value, the Parties acknowledge and agree that after the deduction of the aforesaid amounts, Lanzo shall remit the amount due to the Restaurant Partner on a weekly basis after allowing reasonable time for adjustments towards Orders for which the Customers have either refused to pay or have claimed a refund, as applicable. The Payment Settlement Day for Orders serviced from Monday to Sunday shall be on or before Thursday of the following week.
o Notwithstanding anything contained in these Terms or the Form, the Restaurant Partner hereby unconditionally authorised Lanzo to set off, withhold and deduct any amounts owed by the Restaurant Partner to any Lanzo.

● Taxes:

Notwithstanding anything to the contrary herein, the Restaurant Partner is, and will be, responsible for all taxes, payments, fees and collection of taxes in connection with Customer Orders and the Restaurant Partner’s use of the Platform and Lanzo Services. Lanzo may charge and collect applicable taxes from Customers on behalf of the Restaurant Partner in accordance with applicable law;. The Restaurant Partner shall be solely responsible for verifying the amounts collected, filing the appropriate tax returns, and remitting the proper amount to the appropriate tax authorities. Taxes shall include all applicable taxes due in relation to the sale of food and beverages, including pick-up and delivery services (if applicable), by the Restaurant Partner. It is clarified that Lanzo will not be liable for payment of any Taxes that the Restaurant Partner is liable to pay in connection with the Restaurant Services which shall be provided by the Restaurant Partner to the Customers in accordance with these Terms. Restaurant Partner will be required to deposit relevant taxes, including tax deducted at source (TDS) on the commission payable to Lanzo. However, in case where Lanzo withholds its Commission before remitting the settlement dues to the Restaurant Partner, we shall refund the TDS to the Restaurant Partner subject to submission of the TDS certificate on a quarterly basis within sixty (60) days from the end of the quarter.

● Confidentiality

o Lanzo does not share any information of the Restaurant Partner with third parties unless requisitioned by government authorities.
o Other than for the purpose of availing Service(s) from Lanzo, the Restaurant Partner must not disclose any confidential information about Lanzo and customer information including but not limited to these Terms, its business strategies, pricing, revenues, expenses, Customer Data, and Order information to third parties.


Acceptance to Lanzo’s Privacy Policy: by signing the Form, the Restaurant Partner acknowledges and agrees to be bound by Lanzo’s privacy policy ( www.Lanzo.co.in/privacy ).

DELIVERY PARTNER TERMS AND CONDITIONS

This is an electronic document in the form of terms & condition under IT Act, 2000 and rules there under. This document does not require any physical signatures. Clicking the “I ACCEPT” button, You are agreeing to the T & C of the Lanzo DP Platform for the purpose of receiving orders and delivering the food and beverages to the Users. Ensure the T & C before you use the Lanzo Delivery Partner Platform. Once you accept you shall be bound by all T & C of Lanzo DP Platform. If You do not agree with any of the Delivery Partner T & C, please do not use the Lanzo DP Platform.

Lanzo reserves the right to change, modify and remove the T & C of DP platform at any time, without prior notice. It is the responsibility of the partner to check the DP T & C periodically.

1. T & C Applicable to DP

The DP T & C together with the Agreement shall form the complete understanding between the Lanzo and DP. By accepting this Delivery Partner T & C, You acknowledge and agree to the Delivery Partner T & C and Lanzo policies that Lanzo makes applicable to You from time to time.

2. Service and Charges

i. Subject to terms and conditions contained in these Delivery Partner T&C and the Agreement, the Delivery Partner agrees to makes himself available on the Lanzo DP Platform to undertake Delivery Services as and when a request for the same is placed by a User through the Lanzo DP Platform, and to provide Delivery Services to the Users to the best of his abilities.
ii. Delivery Partner agrees and acknowledges that upon acceptance of an order by the Delivery Partner, Delivery Services undertaken by him shall constitute a separate contract for services under the Consumer Protection Act, between the Delivery Partner and the User, to which Lanzo is not a party.
iii. At the time of availing the Platform Services for the first time from Lanzo, the Delivery Partner shall, at the discretion of Lanzo, be required to pay either an onboarding fee (“ Onboarding Fee”) or an interest free refundable security deposit (“Security Deposit”) to Lanzo, of such amount and in the manner prescribed by Lanzo from time to time. In addition, Lanzo shall charge additional fees from the Delivery Partner for any additional training and support services provided by Lanzo(“Training and Support Fees”). To enable the Delivery Partner to render Delivery Services, Lanzo may provide the Delivery Partner with certain assets including, but not limited to, the Lanzo DP Platform on the Delivery Partner’s smartphone; bags etc. Upon termination of these Delivery Partner T&C and the Delivery Service Agreement, the Security Deposit, if any, shall be refunded to the Delivery Partner by the Lanzo after the assets are returned to the Zomato in usable condition. In the event the asset returned by the Delivery Partner is not in usable condition, Lanzo shall deduct such amount. The Parties understand that the decision of Lanzo whether an asset is usable or not shall be final and binding on the Delivery Partner.
iv. In consideration of Lanzo making the Lanzo DP Platform available to You, Lanzo, at its discretion, may charge fee for providing the Platform Services (“Platform Charges”), which shall be notified to You by such means as Lanzo may deem fit. The Platform Charges may be revised by Zomato, at its discretion, from time to time, without any notice.
v. The amount of Training and Support Fees, Onboarding Fee, Security Deposit and the Platform Charges shall be determined by Lanzo and may be revised from time to time at the sole discretion of Lanzo.
vi. The Delivery Partner shall create a log-in ID on the Lanzo DP Platform to be able to render Delivery Services.
vii. The Delivery Partner shall have access to the Lanzo DP Platform at all times. Once logged-in, the Delivery Partner shall remain available and shall be able to connect with the Users for the purpose of receiving orders placed by the Users and undertaking Delivery Services in connection with the same.
viii. The Delivery Partner confirms and acknowledges that by logging-in on the Lanzo DP Platform, he agrees to be tracked by Lanzo via GPS enabled tracking technology and Lanzo may share this information with Users on a real-time basis for the purpose of enabling the status of the Delivery Services being provided by the Delivery Partner to the Users. All reasonable attempts shall be made by the Delivery Partner to collect the order from the Restaurant Partners and deliver it to the Users, as quickly and efficiently as possible.
ix. In consideration for the Delivery Services provided by the Delivery Partner to the Users of delivering food and beverages to the Users, the Delivery Partner may charge the Users a service fee (“Delivery Charges”), subject to such Delivery Charges being accepted by the User at the time of placement of the order. The Delivery Charges shall be agreed between the Delivery Partner and Lanzo from time to time, in the manner provided under these Delivery Partner T&C.
x. The Delivery Partner hereby absolutely, unconditionally and irrevocably authorizes Lanzo to determine the amounts chargeable by the Delivery Partner as Delivery Charges, such a means as Lanzo may determine, including real-time analysis of the demand for Delivery Services, the availability of delivery partners on the Lanzo DP Platform to provide Delivery Services to the Users, traffic and weather conditions, seasonal peaks and such other factors as Lanzo may deem fit, and you agree that the Delivery Charges may be revised from time to time on the basis of one or more of these factors. You shall not charge the Users any amount over and above the amount of Delivery Charges agreed between You and Lanzo under these Delivery Partner T&C. You hereby authorize Lanzo to collect from the Users, on your behalf, the Delivery Charges charged by You to the Users for undertaking Delivery Services, which shall be remitted to you on a weekly basis through such mode and on such day(s) of a week as Lanzo may decide from time to time.
xi. Lanzo may, at its discretion, pay the Delivery Partner an additional amount and/or incentive (in addition to what Zomato collects from the Users) for the Delivery Services provided by the Delivery Partner using the Lanzo DP Platform..
xii. Lanzo may, at any time set off and deduct any amounts due from, payable by or proposed to be paid by Lanzo to the Delivery Partner, including the Delivery Charges collected by Lanzo from the Users on behalf of the Delivery Partner and the Availability Fee; and apply such amounts towards any amounts due from, or payable by the Delivery Partner under or in connection with the Agreement and the Delivery Partner T&C, including without limitation the Platform Charges. Lanzo shall have the right and the obligation to pay only such amounts due and payable by Lanzo to the Delivery Partner, if any amount so remains due and payable after such set off, deduction and application as set out under this Clause. Nothing in this Clause shall prejudice any right or remedy available to Lanzo, whether under contract, law or equity to recover any amounts due from, or payable by the Delivery Partner under or in connection with the Agreement and the Delivery Partner T&C, whether such amounts arise under contract, tort, statute or equity.
xiii. Notwithstanding anything contained in these Delivery Partner T&C, there shall be no obligation on the Delivery Partner to be available on Lanzo DP Platform for a minimum number of hours/days. The Delivery Partner acknowledges that he has flexible timings and can chose to log-in the Lanzo DP Platform anytime he wants and for as long as he wants, at his sole discretion. Lanzo shall also not supervise the actions and conduct of the Delivery Partners unless they are in gross violation of their duty to render Delivery Services under these Delivery Partner T&C or the Agreement.

4. Tax

i. You authorize Lanzo 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 the Agreement or these Delivery Partner T&C, including the Delivery Charges collected by Lanzo on your behalf from the Restaurant Partners and the Users, which includes the following:
ii. In case any withholding tax has to be deducted from the Delivery Charges or any amount payable by Lanzo under the Agreement and these Delivery Partner T&C, the Company shall deduct the same and provide the Business Associate with adequate proof of depositing the said withholding tax with the Indian tax authorities in accordance with the Income Tax Act, 1961. If Lanzo is required to withhold any payment under Applicable Law from any amount due or payable to the Delivery Partner under or in connection with the Agreement and the Delivery Partner T&C, Lanzo shall be entitled to deduct the same and deal with it in such manner as may be required under Applicable Law.
iii. Lanzo 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 Lanzo including the Platform Charges. The Platform Charges shall be inclusive of applicable taxes.

5. OBLIGATIONS OF DELIVERY PARTNER

i. Delivery Partner makes himself/herself available to undertake Delivery Services as and when a request for the same is placed by User through the Lanzo DP Platform. If required, the Delivery Partner shall use his personal vehicle (“Delivery Partner Vehicle”) for providing Delivery Services. No vehicle of any kind shall be provided by Lanzo under any circumstances.The Delivery Partner shall ensure that the Delivery Partner Vehicle is well maintained and in good condition so that there are no delays in rendering Delivery Services.All expenses incurred in maintaining, running and riding the Delivery Partner Vehicle shall be borne exclusively by the Delivery Partner.
ii. The Delivery Partner shall hold and possess a valid driving license and a valid registration number for the Delivery Partner Vehicle, if required under the Applicable Law for the vehicle used by the Delivery Partner for providing Delivery Services, which are up to date and in subsistence throughout the Term of these Delivery Partner T&C. Copies of the driving license as well as the registration certificate of the Delivery Partner Vehicle, including any other Delivery Partner Information, shall be handed over to Lanzo before commencing Delivery Services or at any other time deemed appropriate by Lanzo.
iii. The Delivery Partner shall have a valid and adequate insurance coverage to the Delivery Partner Vehicle. Delivery Partner shall ensure that the insurance is valid, up to date and in subsistence throughout the Term of these Delivery Partner T&C. A copy of the insurance policy shall be given by the Delivery Partner to the Lanzo. The Delivery Partner further confirms that all premium payments towards the insurance policy shall be paid exclusively by the Delivery Partner. Under no circumstances shall Lanzo be liable to make any payment with respect to such insurance.
iv. During the course of undertaking Delivery Services, the Delivery Partner shall conduct himself with honesty, discipline and in accordance with the policies and instructions of the Lanzo, whether presently in force or adopted in the future, including but not limited to safety, driving rules, etc. The Delivery Partner shall also comply with all Applicable Law including the provisions of the Motor Vehicles Act, and its corresponding rules.
v. Delivery Partner shall not commit any fraud while providing Delivery Services or otherwise commit any act or omission, to gain any undue advantage. Delivery Partner agrees and acknowledges that in case Lanzo believes that the Delivery Partner has committed any of the foregoing while undertaking Delivery Services, Lanzo shall, in addition to its right to terminate the Agreement and these Delivery Partner T&C, in its sole discretion reserve the right to disable the Delivery Partner from undertaking Delivery Services through the Lanzo DP Platform for such time as it deems fit and /or deduct the undue gain made by the Delivery Partner through the fraudulent orders from the payout including incentives thereof and/or the Security Deposit, if any. This right to withhold payout including incentives thereof may also be exercised by Lanzo in the event service parameter guidelines, as prescribed by the Lanzo from time to time, is not met.
vi. At no time whatsoever shall the Delivery Partner tamper, damage, open or do anything to the food and beverages orders of the Users that he/she is not specifically permitted to do. In case Lanzo suffers any loss due to the Delivery Partner tampering, damaging or opening the packaging of food and beverages orders of the Users, Lanzo shall have the right to recover any loss, if any, from the payments required to be made by Lanzo to the Delivery Partner under the Agreement or these Delivery Partner T&C.
vii. Delivery Partner is required to collect the value of the order from the User and any amount collected by the Delivery Partner from the Users, on behalf of and due to Lanzo, shall be deposited by the Delivery Partner with Lanzo in such manner and at such frequencies as Zomato may instruct from time to time.
viii. The Delivery Partner shall maintain the kits in good condition at all times and immediately return it to Lanzo, upon the termination of these Delivery Partner T&C. In the event the assets is not returned in a condition acceptable to the Lanzo or not returned at all, Lanzo retains the right to set-off the value of the kit against the Security Deposit (if any) and / or payments required to be made by Lanzo to the Delivery Partner under the Agreement or these Delivery Partner T&C. The Delivery Partner shall undertake the Delivery Services by himself and shall not delegate the same to any individual or third party. The kit shall be used in a prudent manner, so as not to destroy or damage any of its contents. Upon receiving any order to render Delivery Services after logging-in the Lanzo DP Platform, the Delivery Partner shall act and perform his role in an ethical manner and to the best of his abilities by ensuring a timely pick-up and delivery. In case of any delays due to traffic, the Delivery Partner shall inform the Restaurant Partner and the User and follow instructions as given by them.
ix. The Delivery Partner acknowledges that the goodwill and reputation of Lanzo is at stake with how effectively and efficiently the Delivery Partner renders Delivery Services pursuant to these Delivery Partner T&C. Accordingly, the Delivery Partner shall not do any act that adversely affects Lanzo and undertakes to be in compliance with Applicable Law at all times and protect the brand image, business reputation or any other asset/property of Lanzo.
x. While logged-in the Lanzo DP Platform, the Delivery Partner shall not engage in any illegal activity or perform any actions that are contrary to Applicable Law.All Confidential Information procured shall at all times be kept confidential and used only for the limited permitted purposes of rendering Delivery Services.The Delivery Partner is not entitled to claim reimbursement of hospitalization/ hospital bills that may be incurred by the Delivery Partner while rendering Delivery Services or incurred by his family members for any unfortunate accidents or severe illness, during the subsistence of Agreement and these Delivery Partner T&C.

6. OBLIGATIONS OF LANZO

i. Lanzo shall endeavor to take reasonable and financially prudent measures to ensure sufficient flow of orders from Users to the Delivery Partner. All Delivery Partner Information procured shall be kept confidential and used only as per these Delivery Partner T&C and the Agreement.
ii. Lanzo shall make all reasonable efforts to ensure that the Lanzo DP Platform is running at all times. However, it shall not be liable for any technical issues or updates due to which a Delivery Partner is unable to log-in the Lanzo DP Platform or receive orders.

7. DELIVERY PARTNER INFORMATION

i. Lanzo may collect Delivery Partner Information at the time of execution of these Delivery Partner T&C or at any time thereafter, to establish the identity of the Delivery Partner. Lanzo reserves the right to store, process, access and use the Delivery Partner Information for business purposes and needs, background check, verification, marketing, service, development, analytics, research, and any other purpose as Lanzo may deem fit and in accordance with Applicable Law. The Delivery Partner hereby expressly consents to such collection and use of Delivery Partner Information. Subject to Applicable Law, Lanzo may provide to a third party, governmental agency, judicial body, any Delivery Partner Information or information relating to Delivery Partner Services, if there is a complaint, dispute or conflict, including any accident involving a Delivery Partner on one hand and end-consumer, or a third party on the other hand;

8. INTELLECTUAL PROPERTY RIGHTS

i. The Parties hereby agree that all Intellectual Property Rights shall be in absolute ownership, possession and control of Lanzo and the Delivery Partner is only permitted to use such Intellectual Property Rights in connection with Delivery Services rendered under these Delivery Partner T&C as are specifically permitted by the Lanzo . Notwithstanding anything contained in these Delivery Partner T&C, in the event the Delivery Partner uses the Intellectual Property Rights in such manner so as to license, sub-license, create derivative Intellectual Property Rights, use it otherwise not being in connection with Delivery Services rendered under these Delivery Partner T&C, the same shall constitute a breach of these Delivery Partner T&C and Lanzo reserves its rights to resort to legal proceedings against the Delivery Partner for recovering damages and losses suffered or likely to be suffered.

9. REPRESENTATIONS AND WARRANTIES

9.1 The Delivery Partner represents and warrants as follows:

i. The Delivery Partner is capable of entering in the present Agreement, pursuant to the Indian Contract Act, 1872 and is not below the age of 18 years as on the Effective Date.All Delivery Partner Information provided shall be true and correct and no information that could impact the Delivery Partner’s performance to render Delivery Services pursuant to these Delivery Partner T&C and shall not be hidden from the Lanzo anytime during the subsistence of these Delivery Partner T&C. The Delivery Partner 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 is not a party to any pending litigation, which shall materially affect Your obligations under these Delivery Partner T&C.

9.2 Lanzo hereby represents and warrants as follows:

i. It is fully capable of executing these Delivery Partner T&C and Delivery Service Agreement and has the necessary authority.It shall not exercise operational supervision on the activities of the Delivery Partner as they are free to determine how to render Delivery Services so long as the Lanzo’s reputation and goodwill is not damaged.

10. TERMINATION

10.1 Lanzo reserves the right to terminate these Delivery Partner T&C and/or the Agreement and deny the Delivery Partner access to Lanzo DP Platform at any time for any reason. The date on which the Delivery Partner’s access to the Lanzo DP Platform is intentionally blocked by the Lanzo shall be considered as the Termination Date of these Delivery Partner T&C and the Agreement.

10.2 Without prejudice to the generality of the foregoing clause, Lanzo reserves the right to terminate these Delivery Partner T&C and the Agreement with immediate effect for:

i. Any breach of the terms of these Delivery Partner T&C or the Agreement by the Delivery Partner;
ii. failure to verify or authenticate Delivery Partner Information; and
iii. any action or omission by the Delivery Partner which can cause legal or contractual liability for Lanzo including but not limited to fraudulent conduct, customer complaints, continuous unsatisfactory reviews by the Restaurant Partners or the Users, misconduct, negligence, and all other actions specifically prohibited under Applicable Law.
iv. Lanzo is also at liberty to terminate the contract at their discretion, where, in their opinion, continuance of the services of Delivery Partner is detrimental to the business interest of Lanzo due to the acts of the Delivery Partners, such as the following:

a. Misbehavior, rude behavior with the staff of Lanzo , Restaurant Partners, Users or any other persons associated with the Lanzo .
b. Any acts involving criminal offence punishable under law, including physical assault, threatening any of the staff of Lanzo , persons associated with Lanzo and any other persons.
c. Concealment of fact / material information while entering into contract with Lanzo .
d. Poor & irregular for work, meetings and failure to abide by the rules / terms of contract.
e. Drunk while on duty and drunken behavior.
f. Poor performance for two consecutive weeks. Performance includes - daily productivity, login hour, idle hours, number of deliveries completed, quality standards such as denying/ fast forwarding/ cancelling the order placed by a Restaurant Partner.
g. Commission of fraud/ misappropriation/embezzlement for undue monetary gain, which is against the interest of the Lanzo .
h. Negligence in performing the duty, causing damage of moveable and immoveable assets of Lanzo , its employees, Users.
i. Indulging in spreading content through digital media, social networking sites, or any other form, which could be detrimental to the Lanzo brand and its image.
j. Indulging in acts such as creating ruckus/ strike/ or any activity against Lanzo , which could be detrimental to the Lanzo brand and its image.
k. Indulging in unauthorized disclosure of Confidential Information of Lanzo to an external agency, person, Lanzo or organization.
l. Misuse of assets provided by Lanzo and which could be detrimental to the interest of Lanzo brand and its image.
m. Absconding for more than 4 hours with any asset, delivery item, money or any other valuable item belonging to Lanzo , its employees, Users, Restaurant Partner(s) and/ or other staff member(s).
n. Failure to abide by any of the rules and guidelines given by Lanzo as part of service quality standards and principles.
o. Doing any act unbecoming of a Delivery Partner.
p. In case the background check, whether wholly or partially, is found negative at any point of time during the term of these Delivery Partner T&C.

10.3 Upon termination of these Delivery Partner T&C and the Agreement, the Delivery Partner shall return the assets, within 24 hours from the Termination Date. In case the Delivery Partner fails to do so, Lanzo shall forfeit the Security Deposit (if any) and shall further reserve the right to set-off the cost of assets against the payments required to be made by Lanzo to the Delivery Partner under the Agreement or the Delivery Partner T&C.

10.4 Notwithstanding anything contained in this Clause, Lanzo reserves the right to recover any amounts due and owed by the Delivery Partner and take appropriate legal actions that may be available under Applicable Law and equity for recovery of any amounts due.

10.5 In the event, the Delivery Partner leaves or absconds, the provision of Clauses 9.3, 9.4 or Annexure A to these Delivery Partner T&C shall apply.

10.6 In case the Delivery Partner intends to terminate these Delivery Partner T&C and the Agreement on his own, he has to intimate Lanzo in advance by giving a fifteen (15) days prior notice in writing, his intention to terminate the contract.

11. COMPLIANCE WITH APPLICABLE LAW

The Delivery Partner agrees and consents to comply with all Applicable Law at all times while providing the Delivery Services and while accessing the Lanzo DP Platform.

12. AMENDMENT

Lanzo reserves the right to change, modify, reinstate, amend or delete any terms and conditions contained in these Delivery Partner T&C, without prior notice, at any time and in its sole discretion, by posting a change notice or a new agreement on the Lanzo DP Platform. The Delivery Partner shall be responsible for keeping himself apprised and informed of the revised terms and conditions at all times.

13. RELATIONSHIP OF THE PARTIES

The Delivery Partner is an independent business contractor and this Delivery Partner T&C is a principal-to-principal contract. It shall not create any partnership, joint venture, employment, agency, franchise, sales representative or any vicarious and absolute liability relationship between the parties. It is clarified between the parties that neither of the parties shall be liable for any action or omission of the other party in any manner. It is clearly understood and agreed that under these Delivery Partner T&C no relationship of employer and employee exists between Lanzo and Delivery Partner. The Delivery Partner shall not have any claim for permanent employment or employment benefits under any statutes / local laws.

14. SPECIFIC INDEMNITY

The Delivery Partner shall be solely liable for any and all accidents/incidents involving the Delivery Partner Vehicle, while providing the Delivery Services. Lanzo shall not be held liable for any such accidents/ incidents involving the Delivery Partner.

16. SET-OFF

In addition to any other remedies provided under a contract including the Agreement and these Delivery Partner T&C or provided by law or in equity, Lanzo may, at any time, without notice to the Delivery Partner, set off any liability of the Delivery Partner to Lanzo against any liability of Lanzo to the Delivery Partner, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under the Agreement or these Delivery Partner T&C.

17. DISPUTE RESOLUTION

1. These Delivery Partner T&C and the Agreement shall be governed by laws of India.
2. The courts of Agartala shall have exclusive jurisdiction over all disputes arising from these Delivery Partner T&C and the Agreement.

18. PENALTY

Notwithstanding anything contrary contained in these Delivery Partner T&C or the Agreement, Lanzo shall reserve a right to charge You a penalty in the event You indulge in fraudulent activities while providing Delivery Services. The penalty may be deducted from the payments made to You by Lanzo .

19. MISCELLANEOUS

i. Neither Party shall have any liability under or be deemed to be in breach of these Delivery Partner T&C or the Agreement for any delays or failures in performance of these Delivery Partner T&C and the Agreement which results from circumstances beyond the reasonable control of that Party such as acts of fire, earthquake, tempest, flood, lighting, violence of any army or mob or enemies of the country.
ii. No rights or liabilities under these Delivery Partner T&C and the Agreement can be assigned by any of the Parties hereto without the prior written consent of the other Party.
iii. These Delivery Partner T&C shall be read along with the Agreement supersedes all prior discussions and agreements (whether oral or written) if any, between the Parties with respect to the subject matter of these Delivery Partner T&C and the Agreement.
iv. These Delivery Partner T&C and 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 continues to remain enlisted with the Lanzo DP Platform.
v. No waiver of any part of these Delivery Partner T&C and the Agreement or consent to any departure from it by any Party shall be effective unless it is in writing. A waiver or consent shall be effective only for the purpose for which it is given. No default or delay on the part of any Party in exercising any rights, powers or privileges operates as a waiver of any right, nor does a single or partial exercise of a right exclude others.
vi. Any provision of these Delivery Partner T&C and the Agreement 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.
vii. Lanzo retains the right to share the information provided by you with any financial lending institution(s) if you agree to the same, if it is proved within reason that you have availed a loan from them. You forego the right to claim any damages from Lanzo in the event any such financial facility has been availed by you. You also agree that Lanzo will not be liable for any damages arising as a result of such disclosure of your information. Lanzo retains the right to withhold pending payouts and terminate you on an immediate basis in such cases.
viii. Delivery Partner hereby acknowledges and agrees to the use of his/her photographs by Lanzo for certain purposes, which may include usage of the Delivery Partner's photographs in Lanzo training materials, marketing and advertising activities on various platforms, including without limitation, online advertisement, social media and offline advertisement. Delivery Partner hereby consents to sharing of his/her photographs by Lanzo with third parties for the aforesaid purposes.
ix. The information shared by Delivery Partner pursuant to this Agreement shall be used in accordance with the Privacy Policy.

20. CONFIDENTIALITY

Other than for provision of Delivery Services by the Delivery Partner, Lanzo does not share any other information of the Delivery Partner with third parties unless requisitioned by (i) government authorities or (ii) the Delivery Partner, whether orally or in writing (via email, SMS etc.) for any purpose whatsoever, including but not limited to availing loan from financial institutions, filing of tax returns etc. Other than for the purpose of undertaking Delivery Services, the Delivery Partner must not disclose any confidential information about Lanzo , including but not limited to these Delivery Partner T&C, its business strategies, pricing, revenues, expenses, User data, Restaurant Partner data and order information to third parties.

21. DISCLAIMER

Lanzo does not warrant that You will be able to use the Lanzo DP Platform and/ or will be able to provide the Delivery Services at all times or locations on the Lanzo DP Platform or that the Lanzo DP Platform and the Platform Services will be uninterrupted or error-free or that the defects will be capable of being corrected by the Lanzo in a timely fashion. The Platform Services, Lanzo DP Platform, Device, the output generated there from, and all other technology developed by Lanzo are provided to you on an “AS IS” and “AS AVAILABLE” basis and Lanzo 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.

ANNEXURE A

a) Onboarding Fee: As prescribed by Lanzo from time to time.
b) Security Deposit: As prescribed by Lanzo from time to time.
At the time of onboarding, Delivery Partner shall pay either of
(i) the Onboarding Fee, or
(ii) Security Deposit, at the sole discretion of Lanzo .
c) Training and Support Fee: As prescribed by Lanzo from time to time.
d) Delivery Partner hereby acknowledges and agrees that any amount deposited by Delivery Partner to Lanzo in the form of Security Deposit shall stand forfeited at the sole discretion of Lanzo , in the event Delivery Partner does not deliver at least one order pursuant to the Delivery Services under the Agreement for a continuous period of 30 days during the term of the Agreement.