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Terms Of Usage

Last Update Date: Aug 24, 2022

The following terms and conditions ("agreement") apply to Razorback Technologies Pvt. Ltd. (“razorback”) and the individual/ business/entity ("customer/licensee") that is downloading razorback’s proprietary “ezDelivr” software application for commercial purposes.

Razorback and licensee are individually referred to as party and jointly referred to as parties. This agreement and the term sheet constitute the contract between the parties.

Definitions (as used in this agreement)

APPLICABLE LAWS
Means all legislation, statutes, regulations, ordinances, rules, judgments, orders, decrees, rulings, and other requirements enacted, promulgated, or imposed by any governmental authority or judicial or regulatory body (including any self-regulatory body) at any level (e.g., municipal, district, state or national) that are applicable to or enforceable against a party or its personnel in relation to their activities under or pursuant to this agreement.

AUTHORISED USER(S)
Means users whose registration process with razorback is complete or who otherwise have received a user id or other access credentials enabling them to access the “ezDelivr system”.

AUTHORISED PURPOSE(S)
Means those purposes set forth in the term sheet or on razorback’s software application or web site describing the purposes for which the “ezDelivr system” and associated content are permitted to be used by licensee and its authorised users.

eKYC
KYC means to ‘know your customer’ which is an effective way for any institution to confirm and thereby verify the authenticity of a customer. For this, the customer is required to submit one or more documents viz., Aadhaar, PAN Card, Driving License, Passport, GST Number or IEC Code.

CHARGEBACK
Means reversal of a prior outbound transfer of funds from a buyer's bank account, line of credit or credit card.

REFUND
Means transfer of funds to the licensee by razorback.

CONFIDENTIAL INFORMATION
Means all written or oral information, disclosed by either party to the other, related to the strategy, business or operations of either party or a third party that has been identified as confidential or that, by the nature of the information or the circumstances surrounding its disclosure, ought reasonably to be treated as confidential.

LICENSEE
Shall mean and include the licensee, its subsidiaries, parent & group companies.

BANNED OR PROHIBITED GOODS
Shall mean Oil-based paint and thinners (flammable liquids), Industrial solvents, Insecticides, garden chemicals (fertilizers, poisons), Lithium batteries, Magnetized materials, Machinery (chain saws, outboard engines containing fuel or that have contained fuel), Fuel for camp stoves, lanterns, torches or heating elements, Automobile batteries, Infectious substances, Any compound, liquid or gas that has toxic characteristics, Bleach, Flammable adhesives, Arms and ammunitions, Dry ice (Carbon Dioxide, Solid), Pressurized Containers, Narcotic Substances, Precious stones, gems and jewellery, Uncrossed (bearer) drafts / cheque, currency and coins, Poison, Firearms, explosives and military equipment, Hazardous and radioactive material, Foodstuff and liquor, Any pornographic material, Hazardous chemical items.

WAIVER OF RESPONSIBILITY
Shall mean licensee accepts the sole responsibility what is being couriered and is responsible for consequences that may arise directly or indirectly out of your action and discharge razorback of any consequences. It shall also mean razorback is not responsible for any non-performance or breach of any contract that you enter into with the courier partner.

FAILED DELIVERY
Shall mean when delivery of courier fails and is returned back to you as a result of — uncontactable customer, incomplete/incorrect address or customer refusing or postponing the delivery etc.

ADDITIONAL COURIER CHARGES
Shall mean payment by the licensee to razorback if the actual weight of the courier is determined to be higher than the declared weight or charges associated with return of the courier to the origin address as a result of failed delivery.

ezDelivr SYSTEM
Means razorback’s proprietary cloud based software-as a- service and related services made available to licensee’s authorised users under this agreement, as identified on the applicable term sheet, including its technology components, such as razorback’s web site, applicable mobile app(s) and related documentation.

DATA PRIVACY & SECURITY LAWS
Means all applicable federal, state, regional, territorial and local laws, statutes, ordinances, regulations, rules, executive orders, of or by any authority, department or agency thereof governing the privacy, data protection and security of personally identifiable material.

INTELLECTUAL PROPERTY
Means the exclusive rights held by the owner of a copyright, patent, trademark, or trade secret, including (i) the rights to copy, publicly perform, publicly display, distribute, adapt, translate, modify and create derivative works of copyrighted subject matter; (ii) the rights to exclude others from using, making, having made, selling, offering to sell, and importing patented subject matter and to practice patented methods, (iii) the rights to use and display any marks in association with businesses, products or services as an indication of ownership, origin, affiliation, or sponsorship; and (iv) the rights to apply for any of the foregoing rights, and all rights in those applications. Intellectual property rights also include any and all rights associated with particular information that are granted by law and that give the owner, independent of contract, exclusive authority to control use or disclosure of the information, including privacy rights and any rights in databases recognised by applicable law.

MOBILE APP
Means and refers to proprietary software, in object code form, that is made available by razorback to the licensee for installation on mobile devices to allow interaction and use with the “ezDelivr system”

RAZORBACK IP
Means all intellectual property owned or controlled by razorback, including all software developed by or for razorback and used in connection with the services and any protectable intellectual property interests razorback may have in or to derivative works of data developed by or for razorback.

RAZORBACK'S WEB SITE
Means the web interface(s) of the ezDelivr system that razorback offers for interaction with and receipt of services.

SERVICES
Means software based web and mobile app services provided by razorback pursuant to this agreement.

LICENSE TERM
Means the period during which licensee’s authorised users are permitted to access and use the ezDelivr system.

UPDATE
Means any improvement, enhancement, modification and/or changes to the ezDelivr system offered or provided by razorback to licensee at no additional charge (i.e., that is not offered by razorback as a separately priced option), including, as applicable, bug fixes and feature enhancements