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Whats Local Today Wallet - USER TERMS

These terms of use ("Terms of Use") mandate the terms on which users ("You" or "Your" or "Yourself" or "Users") interested in browsing or availing Whats Local Today Services (defined below), and accessing the platform www.whatslocal.today and the mobile application owned and operated by Whats Local Today Network Private Limited ("Whats Local Today") collectively referred to as, the "Platform" connects with the merchants registered on the Platform ("Tied-up Merchants"), merchants not registered on the Platform ("Non-tied up Merchants") (together hereinafter referred to as "Merchants") and with delivery partners ("Delivery Partners") to avail the Whats Local Today Services. Please read the Terms of Use carefully before using the Platform or registering on the Platform or accessing any material or information through the Platform. By clicking on the "I Accept" button, You accept this Terms of Use and agree to be legally bound by the same. Use of and access to the Platform is offered to You upon the condition of acceptance of all the terms, conditions and notices contained in this Terms of Use and Privacy Policy, along with any amendments made by Whats Local Today at its sole discretion and posted on the Platform from time to time. For the purposes of these Terms of Use, the term 'Whats Local Today' or 'Us' or 'We' or ‘Our’ refers to Whats Local Today Network Private Limited. The term 'You' refers to the user or visitor of the Website and/or App. When You use our services, You will be subject to the terms, guidelines and policies applicable to such service and as set forth in these Terms of Use. As long as you comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use our Platforms and services. PART A - GENERAL TERMS RELATING TO WHATS LOCAL TODAY SERVICES 1. Registration: a. You shall be permitted to access the Platform, avail the Whats Local Today Services and connect with Merchants and Delivery Partners on the Platform only upon creating an Account (as defined below) and obtaining a registration on the Platform. Your ability to continue using the Platform, Whats Local Today Services is subject to Your continued registration on the Platform. You will be required to enter Your personal information including your name, contact details, valid phone number while registering on the Platform. b. As a part of the registration, You may be required to undertake a verification process to verify Your personal information and setting up the Account. Whats Local Today shall have the right to display the information, feedback, ratings, reviews etc. provided by You on the Platform. You agree and accept that as on the date of Your registration on the Platform, the information provided by You is complete, accurate and up-to-date. In the event of any change to such information, You shall be required to promptly inform Whats Local Today of the same, in writing, at least 1 (one) week prior to the date on which such change shall take effect. You acknowledge and accept that Whats Local Today has not independently verified the information provided by You. Whats Local Today shall in no way be responsible or liable for the accuracy or completeness of any information provided by You. If You provide any information that is untrue, inaccurate, not current or incomplete, or Whats Local Today has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Whats Local Today reserves the right to suspend or terminate Your Account (defined below) and refuse any and all current or future use of the Platform (or any portion thereof) at any time. 2. Whats Local Today Services: a. The Platform provides You with the following services ("Whats Local Today Services"): i. It allows You to connect with Merchants and Delivery Partners; ii. It allows You to view the items/services ("Items") listed on the Platform by the Tied Up Merchants; iii. It allows You to purchase Item(s) from the Tied Up Merchants listed on the Platform and allows You to get the Items delivered to You through Delivery Partners ("Purchase Services"); iv. It allows You to purchase Items from Non-Tied Up Merchants and get the same delivered to You by the Delivery Partners ("Delivery Services"); v. It allows you to pick up- and drop off packages from 1 (one) location to the other through the Delivery Partner ("Pick Up and Drop Off Services"); vi. It allows You to avail the bike taxi service provided by the Delivery Partners ("Bike Taxi Services"); vii. It allows You to avail the bike pool/share service provided by other Users, registered as Pool Partners ("Bike Pool Services"); viii. It allows You to give ratings, write comments and reviews about Delivery Partners and Merchants; ix. It facilitates improvement in the quality of the services provided by Whats Local Today on the Platform based on User ratings, reviews and feedbacks provided on the Platform. b. Once the Delivery Services/ Purchase Services/Pick-Up and Drop Off Services/Bike Taxi Services / Bike Pool Services have been completed or delivered, as the case may be, You shall promptly notify the same on the Platform. c. Whats Local Today may, at its absolute sole discretion, add, modify, upgrade, extend, withdraw or alienate any of the Whats Local Today Services listed above from time to time. Whats Local Today does not provide any guarantee to You that the Whats Local Today Services will be made available to You at all times. d. You hereby agree and acknowledge that Whats Local Today is only a facilitator between You, the Merchants and Delivery Partners (as the case maybe) and Whats Local Today only provides You with access to the Platform to connect with Merchants and Delivery Partners for You to initiate transactions on the Platform. You hereby agree and acknowledge that Whats Local Today will not be a party to any of the transactions that are initiated by You through the Platform and Whats Local Today shall not be liable in any manner or incur any liability with respect to the services performed by the Merchants or the Delivery Partners, as the case may be. Further, You hereby agree and acknowledge that Whats Local Today shall not be liable for the conduct, acts and omissions of the Merchants (including their employees and consultants) and Delivery Partners (including their employees and consultants) in the course of providing their services to You, or for any loss or damage to the Item or otherwise caused to You as a consequence of or in relation to the services being provided to You by the Merchants or the Delivery Partner, as the case may be. e. You shall be eligible to avail the Whats Local Today Services as per applicable laws. If You are purchasing any medicinal product, using the Platform, for which You are required to have a valid prescription from a medical practitioner, You shall, ensure that physician, as far as possible, prescribe drugs with generic names and he/she shall ensure that there is a clear prescription and will upload the same on the Platform, while initiating a transaction with respect to the same on the Platform. Failure to do the same, shall result in cancellation of the transaction. Only upon verification of the medical prescription, will You be able to avail the Whats Local Today Services for purchasing the required medicines. In case of Purchase Services, it is the duty of the Tied-Up Merchants to share the updated Item list along with its prices on the Platform. Whats Local Today shall not be responsible for any inaccurate Item listing on the Platform. Further, You hereby agree and acknowledge that for certain Items (Items that are perishable in nature or Item whose price varies periodically), it may not be possible for the Tied-Up Merchants to list out the exact price or prices of such Items on the Platform. The above shall also be applicable to the provision of Purchase Services. In such cases, the Delivery Partner upon reaching the Merchant outlet shall intimate You about the Item price and You shall be required to confirm the purchase of the Item and you shall make the payment for the same to complete the transaction. However, if You do not confirm the purchase of the Item and do not make payment for the Item, You shall pay such fees as may be communicated to You on the Platform for the efforts of the Delivery Partner. f. You shall not initiate any transaction for any Item on the Platform which is illegal, immoral, unethical, unlawful, unsafe, contains harmful substance and is in violation of this Terms of Use and applicable laws. You specifically agree that You shall not initiate any transaction on the Platform for the purchase or delivery of any alcoholic beverages, narcotic drug or psychotropic substance, etc. Further, You hereby acknowledge and agree that Whats Local Today shall not be liable for any indirect, direct damage or loss, cost, expense incurred by You in relation to the transactions initiated by You on the Platform. g. Whats Local Today does not check or verify the packages that are being picked up and dropped off on behalf of You or the Items that are being delivered to You by the Delivery Partner, and therefore Whats Local Today shall have no liability with respect to the same. However, if it comes to the knowledge of Whats Local Today that You have packaged any illegal or dangerous substance or availed the Pick- up and Drop Off Services using the Platform to deliver any illegal or dangerous substance, Whats Local Today shall have the right to report You to the government authorities and take other appropriate legal actions against You. h. You hereby acknowledge that Whats Local Today shall not be liable for any damages of any kind arising from Your use of the Whats Local Today Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. i. Whats Local Today shall be entitled at any time without giving any reason terminate Your request for any Whats Local Today Service. j. You hereby agree that Whats Local Today shall not be liable for any conduct or misbehaviour or actions of Delivery Partner with respect to any transactions initiated on the Platform. Further, You agree that Whats Local Today has no control over the Items provided to You by the Merchants and therefore, Whats Local Today shall not incur any liability with respect to such Items. However, keeping in mind the interests of the Users, We have informed our Merchants to ensure that Items are packaged properly to avoid any form of spillage or damage to the Item or any issues related to packaging k. You hereby agree that scheduling and rescheduling a transaction on the Platform depends upon the availability of Delivery Partners around Your area at the time of such scheduling and re-scheduling a transaction. Should You choose to reschedule a transaction on the Platform at a later point of time, You shall cancel the current transaction on the Platform (if initiated) and initiate a new transaction on the Platform, as per Your convenient time. l. If a transaction initiated by You on the Platform cannot be completed, Whats Local Today shall notify You on the Platform. m. You agree to provide as much information as possible on the Platform with respect to the Items/services You wish to purchase/avail, using the Platform. n. Whats Local Today shall use Your location based information that is captured by Whats Local Today through global positioning system when You are using Your mobile device to request a Whats Local Today Service on its m-app. Such location based information shall be used by Whats Local Today only to facilitate and improve the Whats Local Today Services being offered to You. o. We can’t fulfil any tasks which are immoral or unlawful in nature. Whats Local Today reserves the right to refuse to perform any tasks on the grounds of such tasks being immoral/unethical/unlawful/banned either by Whats Local Today’s internal policies or as per the independent discretion of Whats Local Today. Whats Local Today may also refuse to perform any task on the grounds that such task is prohibited under any contract to which we are party. p. You understand and acknowledge that Whats Local Today by itself does not sell or provide any such Items. Whats Local Today is not responsible for the quality, merchantability or fitness of such Items. Accordingly, in the event of any grievances arising from the transaction initiated by You on the Platform pertaining to purchase or sale of any product from any Merchant, You may contact Whats Local Today support for routing your grievances to the Merchant through the Platform. q. You hereby acknowledge that if You have any complaint with respect to the Whats Local Today Services, You will first inform Whats Local Today in writing within 24 (twenty four) hours of using such Whats Local Today Services. 3. User Information a. You are solely responsible for and in control of the information You provide to us. Compilation of User Accounts and User Account bearing contact number and e-mail addresses are owned by Whats Local Today. Further, You understand and agree that certain information will be case sensitive and must be handled with a prudent care. b. In the case where the Platform is unable to establish unique identity of the User against a valid mobile number or e-mail address, the Account shall be indefinitely suspended. Whats Local Today reserves the full discretion to suspend a User's Account in the above event and does not have the liability to share any Account information whatsoever. 4. Payment Terms a. Purchase Services: While initiating a request for a Purchase Service, You shall pay for the price of the Items You require the Delivery Partners to deliver to You from the Tied Up Merchant. The transaction for the Purchase Service will be initiated on the Platform once You have completed the payment for the same on the Platform. In certain exceptional circumstances, if the purchase price of the Item is not available on the Platform, You shall be required to pay the purchase price of the Item, through the Platform, as may be communicated to You by the Delivery Partner, prior to the Delivery Partner undertaking Purchase Service. b. Delivery Services: While availing Delivery Service, You shall pay the purchase price of the Item through the Platform, as may be communicated to You by the Delivery Partner on behalf of the Non-Tied up Merchant. Only upon processing such agreed amount via Platform, shall the Delivery Partner purchase the Item on Your behalf. c. Pick Up and Drop Off Services: While initiating a request for a Pick Up and Drop Off Service, You shall pay the service fees for availing the Pick Up and Drop Off Service, as may be displayed to You on the Platform. Only upon making such payment will the Delivery Partner initiate the Pick Up and Drop of Service. d. Bike Taxi Service: While initiating a request for a Bike Taxi Services on the Platform, You shall pay the service fees for availing the Bike Taxi Services, as may be displayed to You on the Platform. Only upon making such payment will you be eligible to avail the Bike Taxi Service. e. Bike Pool Service: While initiating a request for a Bike Pool Services on the Platform, You shall pay such fare (calculated basis journey distance and time) for availing the Bike Pool Services, as may be displayed to You on the Platform. Only upon making such payment will you be eligible to avail the Bike Pool Service. f. Service Fees: With respect to Delivery Services and Purchase Services, You will be charged a separate service fees ("Service Fees"). The Service Fees shall be paid prior to availing any of the Whats Local Today Services. g. You agree that Whats Local Today may use certain third-party vendors and service providers, including payment gateways, to process the payments made by You on the Platform. 5. Rating a. You agree that: i. After completion of a transaction on the Platform, the Platform will prompt the User with an option to provide a rating and comments about the Delivery Partner (with respect to the services performed by the Delivery Partner) and Merchants (with respect to the Items sold/provided by them); and ii. The Delivery Partner and the Tied-Up Merchants may also be prompted to rate You on the Platform. Based upon such Delivery Partner and Merchant ratings, Your rating score on the Platform will be determined and displayed. b. Whats Local Today and its affiliates reserve the right to use, share and display such ratings and comments in any manner in connection with the business of Whats Local Today and its affiliates without attribution to or approval of Users and You hereby consent to the same. Whats Local Today and its affiliates reserve the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws or Whats Local Today’s or its affiliates’ content policies. c. Location: You acknowledge and agree that Your geo-location information is required for You to avail the Whats Local Today Services and initiate transactions on the Platform. You acknowledge and hereby consent to the monitoring and tracking of Your geo-location information. In addition, Whats Local Today may share Your geo-location information with Delivery Partners and Merchants (as the case maybe). PART B - SPECIFIC TERMS FOR WHATS LOCAL TODAY SERVICES 6. Cancellation and Refund a. Whats Local Today shall confirm and initiate the execution of the transaction initiated by You upon receiving confirmation from You for the same. If You wish to cancel a transaction on the Platform, You shall select the cancel option on the Platform. It is to be noted that You may have to pay a cancellation fee for transactions initiated on the Platform for which work has already been commenced by the Delivery Partner or the Merchant, as the case may be. With respect to work commenced by Merchants the cancellation fee will be charged to You which will be in accordance with the cancellation and refund policies of such Merchants. b. Whats Local Today may cancel the transaction initiated by You on the Platform, if: i. The designated address to avail the Whats Local Today Services provided by You is outside the service zone of Whats Local Today; ii. Failure to get your response via phone or any other communication channel at the time of confirmation of the order booking; iii. The transaction involves supply/delivery/purchase of any material good that is illegal, offensive or violative of the Terms of Use; iv. If the transaction involves the purchase of medicines for which a medical prescription prescribed by a medical practitioner is required and for which You have not provided such medical prescription or provided an invalid medical prescription; v. Information, instructions and authorisations provided by You is not complete or sufficient to execute the transaction initiated by You on the Platform; vi. If in case of tied-up Merchants, the Tied-Up Merchant outlet is closed; vii. If a Delivery Partner is not available to perform the services, as may be requested; viii. If any Item for which You have initiated the transaction is not in stock with the Merchant; ix. If the transaction cannot be completed for reasons not in control of Whats Local Today. c. You shall only be able to claim refunds for transactions initiated by You only if You have already pre-paid the fees with respect to such transaction. Subject to relevant Merchant’s refund policy and in accordance therein, You shall be eligible to get the refund in the following circumstances: i. Your package has been tampered or damaged at the time of delivery, as determined by Whats Local Today basis the parameters established by Whats Local Today in its sole discretion; ii. If the wrong Item has been delivered to You, which does not match with the Item for which You had initiated a transaction on the Platform; iii. Whats Local Today has cancelled the order because of any reason mentioned under Para 6 (b) above; iv. All decisions with respect to refunds will be at the sole discretion of Whats Local Today and in accordance with Whats Local Today’s internal refund policy (Refund Metrix) and the same shall be final and binding. All refunds initiated by Whats Local Today shall be refunded to the financial source account from which, You have initiated the transaction on the Platform. 7. Pick Up and Drop Off Services a. As a part of the Whats Local Today Services, Whats Local Today also gives You an option to avail the Pick Up and Drop Off Services being provided by the Delivery Partners; b. You can initiate a transaction on the Platform by which You may (through the help of a Delivery Partner) send packages at a particular location. The Pick Up and Drop Off Services are provided to You directly by the Delivery Partner and Whats Local Today merely acts as a technology platform to facilitate transactions initiated on the Platform and Whats Local Today does not assume any responsibility or liability for any form of deficiency of services on part of the Delivery Partner; c. Upon initiation of a request for Pick Up and Drop Off Services on the Platform, depending upon the availability of Delivery Partner around Your area, Whats Local Today will assign a Delivery Partner to You. The Delivery Partner shall pick up the Item from a location designated by You on the Platform and drop off the Items at a particular location designated by You. While performing the Pick Up and Drop off Services, the Delivery Partner shall act as an agent of You and shall act in accordance with Your instructions. You agree and acknowledge that the pick-up location and the drop off location has been added by You voluntarily and such information will be used for the Whats Local Today Services and shall be handled by Whats Local Today in accordance with the terms of its Privacy Policy; d. You agree that You shall not request for a Pick Up and Drop Off Services for Items which are illegal, hazardous, dangerous, or otherwise restricted or constitute Items that are prohibited by any statute or law or regulation or the provisions of this Terms of Use; e. You agree that before requesting a Pick-up and Drop-off Service, You are well aware of the contents of the package sent or requested by You through registered Delivery Partner, and that such contents are legal and within limits of transportation under any applicable laws. Such contents shall not be restricted and/or banned and/or dangerous and/or prohibited for carriage (such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier's cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages or any intoxicant or narcotics and psychotropic substances or any other prohibited material or material for the transportation of which specific authorisation/license is required under applicable laws); f. You are also aware that the Delivery Partner may choose to perform the Pick Up and Delivery Services requested by You; g. You also agree that, upon becoming aware of the commission any offence by You or Your intention to commit any offence upon initiating a Pick-up and Drop-off Service or during a Pick-up and Drop-off service of any Item(s) restricted under applicable law, the Delivery Partner may report such information to Whats Local Today or to the law enforcement authorities. 8. Whats Local Today Wallet, Google Pay Offer, Paytm Offer and Amazon Pay Offer shall hereinafter be referred to as "Offer". 9. You hereby agree and acknowledge that the Offers are being extended by Whats Local Today at its sole independent discretion and nothing shall entitle You to any of the Offers. You shall read the terms and conditions of the Offers carefully before availing them. PART C: GENERAL TERMS OF USE 10. Eligibility to Use a. The Whats Local Today Services are not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by Whats Local Today from accessing the Platform for any reason whatsoever. You represent that You are of legal age to form a binding contract and are not a person barred from receiving using or availing Whats Local Today Services under the applicable laws. b. Whats Local Today reserves the right to refuse access to the Platform, at any time to new Users or to terminate or suspend access granted to existing Users at any time without according any reasons for doing so. c. You shall not have more than 1 (one) active Account (as defined below) on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purposing of creating an account with the Platform. 11. User Account, Password, and Security a. In order to use the Platform and avail the Whats Local Today Services, You will have to register on the Platform and create an account with a unique user identity and password ("Account"). If You are using the Platform on a compatible mobile or tablet, You will have to install the application and then proceed with registration. b. You will be responsible for maintaining the confidentiality of the Account information, and are fully responsible for all activities that occur under Your Account. You agree to i. Immediately notify Whats Local Today of any unauthorized use of Your Account information or any other breach of security, and ii. [ensure that You exit from Your Account at the end of each session.] Whats Local Today cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by Whats Local Today or any other User of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential. Use of another User’s Account information for using the Platform is expressly prohibited. 12. Representations and Warranties a. Subject to compliance with the Terms of Use, Whats Local Today grants You a non-exclusive, limited privilege to access and use this Platform and the Whats Local Today Services. b. You agree to use the Platform only: i. For purposes that are permitted by this Terms of Use; and ii. In accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by Whats Local Today or Delivery Partner(s) or Merchants or other Users. c. You represent and warrant that You have not received any notice from any third party or any governmental authority and no litigation is pending against You in any court of law, which prevents You from accessing the Platform and/or availing the Whats Local Today Services. d. You represent and warrant that You are legally authorised to view and access the Platform and avail the Whats Local Today Services. e. You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by Whats Local Today. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Whats Local Today Property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform. f. You acknowledge and agree that by accessing or using the Platform, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. Whats Local Today disclaims all liabilities arising in relation to such offensive content on the Platform. g. Further, You undertake not to: i. Defame, abuse, harass, threaten or otherwise violate the legal rights of others; ii. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, disparaging, ethnically objectionable, obscene, indecent or unlawful topic, name, material or information; iii. Do any such thing that may harms minors in any way; iv. Copy, republish, post, display, translate, transmit, reproduce or distribute any Whats Local Today Property through any medium without obtaining the necessary authorization from Whats Local Today; v. Conduct or forward surveys, contests, pyramid schemes or chain letters; vi. Upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents; vii. Upload or distribute files or documents or videos (whether live or pre-recorded) that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer; viii. Engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform); ix. Attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Whats Local Today server, or through the Platform, by hacking, password mining or any other illegitimate means; x. Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform; xi. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites; xii. Collect or store data about other Users, Merchants, Delivery Partner in connection with the prohibited conduct and activities set forth herein; xiii. Use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform; xiv. use the Platform or any material or Whats Local Today Property for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties; xv. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; xvi. Impersonate any other User, Merchant, Delivery Partner or person; xvii. Violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality; xviii. Violate the Terms of Use contained herein or elsewhere; xix. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relation with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting for any other nation; and xx. Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform. h. You agree and acknowledge that the use of the Whats Local Today Services offered by Whats Local Today is at Your sole risk and that Whats Local Today disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law. i. Without prejudice to the above, Whats Local Today makes no representation or warranty that the Whats Local Today Services will meet Your requirements. j. All materials/content on our Platform (except any third party content available on the Platform), including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, "Material") are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Whats Local Today. You acknowledge and agree that the Material is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in our Platform, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose other than the purposes stated under this Terms of Use, by any person or entity, without Whats Local Today’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize our Platform or any part of the Material for any purpose other than its intended purposes is strictly prohibited. Subject to the above restrictions under this Clause, Whats Local Today hereby grants You a non-exclusive, freely revocable (upon notice from Whats Local Today), non-transferable access to view the Material on the Platform. 13. Intellectual Property Rights a. The Platform and process, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, algorithm and computer code (and any combination thereof), except any third party software available on the Platform, is owned by Whats Local Today ("Whats Local Today Property") and the design, structure, selection, co-ordination, expression, look and feel and arrangement of such Whats Local Today Property is protected by copyright, patent and trademark laws, and various other intellectual property rights. You are not permitted to use Whats Local Today Property without the prior written consent of Whats Local Today. b. The trademarks, logos and service marks displayed on the Platform ("Marks") are the property of Whats Local Today, except any trademark, logos and service marks of third parties available on the Platform. You are not permitted to use the Marks without the prior consent of Whats Local Today or such third party as may be applicable. 14. Disclaimer of Warranties & Liabilities You expressly understand and agree that, to the maximum extent permitted by applicable law: a. The Platform and Whats Local Today Property, Whats Local Today Services are provided by Whats Local Today on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Whats Local Today makes no warranty that i. The Platform, Whats Local Today Services will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or error-free; ii. The quality of the Platform will meet Your expectations; or iii. Any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by You from Whats Local Today shall create any warranty not expressly stated in the Terms of Use. b. Whats Local Today will have no liability related to any User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Whats Local Today also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content. c. Whats Local Today will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform either with or without Your knowledge. d. Whats Local Today shall not be responsible for the delay or inability to use the Platform, Whats Local Today Services or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Whats Local Today shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Whats Local Today's control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data. 15. Indemnification and Limitation of Liability a. You agree to indemnify, defend and hold harmless Whats Local Today and its affiliates including but not limited to its officers, directors, consultants, agents and employees ("Indemnitees") from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any obligation, covenant, representation or warranty by You pursuant to these Terms of Use. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, Whats Local Today Services, any misrepresentation with respect to the data or information provided by You in relation to the Account, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights. b. In no event shall the Indemnitees, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Whats Local Today Property on the Platform. c. Your indemnification obligation under the Terms of Use will survive the termination of Your Account or use of the Platform or Whats Local Today Services. d. Subject to applicable laws, in no event will Whats Local Today or its employees aggregate liability, arising from or related to the Whats Local Today Services or the use of the Platform shall not exceed INR 100 for any and all causes of actions brought by You or on behalf of You. e. The Platform and the Whats Local Today Services are only available to Users located in India. Users shall not access or use the Platform from any other jurisdiction except for India. If a User access or uses the Platform from any other jurisdiction except for India, the User shall be liable to comply with all applicable laws and Whats Local Today shall not be liable for the same, whatsoever. 16. Violation of the Terms of Use You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company/Client, as the case may be, for which monetary damages would be inadequate, and You consent to the Company/Client obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company/Client may have at law or in equity. If Company/Client takes any legal action against You as a result of Your violation of these Terms of Use, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted. 17. Additional Terms We may also require You to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Platform. These additional terms shall form a part of this Terms of Use, and You agree to comply with them when You participate in those promotions, or otherwise engage in activities governed by such additional terms. 18. Link to Third Parties a. The Platform may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). Whats Local Today shall not be responsible for examining or evaluating such third party websites, and Whats Local Today does not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of such third party websites. Whats Local Today does not assume any responsibility or liability for the actions, product, and content of any such third party websites. Before You use/access any such third-party websites, You should review the applicable terms of use and policies for such third party websites. If You decide to access any such linked third party website, You do so at Your own risk. 19. Term and Termination a. The Terms of Use will continue to apply until terminated by either You or Whats Local Today as set forth below. If You object to the Terms of Use or are dissatisfied with the Platform, Whats Local Today Services, Your only recourse is to i. Close Your Account on the Platform by writing to Us at accountdelete@Whats Local Today.in; and/or ii. Stop accessing the Platform. Whats Local Today will make Your account dormant upon receipt of request in writing. Whats Local Today may, in its sole discretion, bar your use of the Whats Local Today Services at any time, for any or no reason. Even after your account with Whats Local Today is disabled, dormant or made inactive, the terms agreed by You at the time of registration will remain in effect. This termination shall be effective only once You have cleared all Your dues that You are liable to pay as per the provisions of this Terms of Use. b. The Company may delist You or block Your future access to the Platform or suspend or terminate Your Account if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically. c. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until Whats Local Today chooses to terminate them. d. You hereby agree and acknowledge, upon termination, Whats Local Today shall have the right to retain all information pertaining to the transactions initiated by You on the Platform. 20. Governing Law This Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at DELHI. 21. Report Abuse In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Platform, please report the same to the following e-mail id: support@whatslocal.today. In case You have any queries with respect to the Terms or the Whats Local Today Services, please write to Us at feedback@whatslocal.today. 22. Communications You hereby expressly agree to receive communications by way of SMSs and/or e-mails from Whats Local Today, or other third parties. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by contacting us for the same. However, You may still receive communications from Your end with respect to Your use of the Whats Local Today Service. 23. General a. Amendments: Whats Local Today reserves the unconditional right to modify or amend this Terms of Use without any requirement to notify You of the same. You can determine when this Terms of Use was last modified by referring to the "Last Updated" legend above. It shall be Your responsibility to check this Terms of Use periodically for changes. Your acceptance of the amended Terms of Use shall signify Your consent to such changes and agreement to be legally bound by the same. b. Notice: All notices from Whats Local Today will be served by email to Your registered email address or by general notification on the Platform. c. Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. Whats Local Today’s rights under the Terms of Use are freely transferable by Whats Local Today to any third party without the requirement of informing You or seeking Your consent. d. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. e. Waiver: Any failure by Whats Local Today to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Whats Local Today of that provision or right. f. Integration: These Terms of Use together with Whats Local Today’s Privacy Policy and any other legal notices, communications published by Whats Local Today on its Platform, and any other agreements executed between You and Whats Local Today shall constitute the entire agreement between you and Whats Local Today concerning its Platform, Whats Local Today Services and governs Your use of the Platform and Whats Local Today Service, superseding any prior agreements between You and Whats Local Today with respect to the Platform and Whats Local Today Service. g. IP Infringement: If You believe the Platform violates Your intellectual property, You must promptly notify Whats Local Today in writing at [legal@whatslocal.today]. These notifications should only be submitted by the owner of the intellectual property or an agent duly authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice: i. The intellectual property that You believe is being infringed; ii. The item that You think is infringing and include sufficient information about where the material is located on the Platform; iii. A statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform; iv. Your contact details, such as Your address, telephone number, and/or email; v. A statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and vi. Your physical or electronic signature.

 
Whats Local Today Wallet - Terms and Conditions

The following terms and conditions are applicable to Whats Local Today Wallet ("Whats Local Today Wallet T&C"). These Whats Local Today Wallet T&Cs are in addition to and will be read with the User Terms and Conditions available here ("User Terms and Conditions"). The Whats Local Today Wallet T&C may be amended at the discretion of Whats Local Today Network Private Limited ("Whats Local Today") and such amended terms will be posted here. Please review these Whats Local Today Wallet T&Cs from time to time. 1. Whats Local Today Wallet is a form of redemption points given by Whats Local Today for its users on the Whats Local Today App and is offered either at the time of joining Whats Local Today App, through the referral programme ("Referral program") or through any other mode as may be indicated by Whats Local Today. 2. The quantum of Whats Local Today Wallet issued, the maximum amount of Whats Local Today Wallet that can be used per order and the validity of Whats Local Today Wallet may vary from time to time and will be indicated to a user on their respective Whats Local Today App. 3. Whats Local Today Wallet cannot be converted into actual currency or be withdrawn or transferred to another user in any way. 4. Whats Local Today Wallet is to be used by users personally. Whats Local Today Wallet cannot be used for business or corporate purposes. Exploiting the use of Whats Local Today Wallet or assisting others to exploit Whats Local Today Wallet is strictly prohibited, and will result in suspension/termination from use of Whats Local Today Wallet and Whats Local Today App. Users must not refer themselves or create multiple, fictitious or fake accounts with Whats Local Today. In addition, users and their referees cannot i. Use Whats Local Today Wallet to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed unfair, disruptive, harassing, harmful, illegal; ii. Collect or harvest any personally identifiable information from the referral program; or iii. Use any system, bot or other device to participate or receive any benefit through the referral programme. 5. Whats Local Today Wallet may not be redeemed for cash. It is not transferable and may not be auctioned, traded, bartered or sold. 6. 6. Whats Local Today Wallet may not be applicable for certain services and in certain geos, as per the independent discretion of Whats Local Today. Currently, Whats Local Today Wallet cannot be redeemed against Pillion, Bike Pool, Pickup and Drop Services, Others task. Whats Local Today shall notify to the users, in case of any updates to the services or geos that cannot be redeemed for Whats Local Today Wallet. Whats Local Today Wallet may also not be applicable on certain items made available by a Merchant. These restricted items will be indicated to the user on the Whats Local Today App. 7. Whats Local Today Wallet cannot be clubbed with any other discount or offer run on the Whats Local Today App. 8. In case of any issue pertaining to the quantum of Whats Local Today Wallet, usage of Whats Local Today Wallet etc., the independent decision made by Whats Local Today shall be final and binding. Further, in the event, the Company has reasons to believe, that a user has acted fraudulently for availing Whats Local Today Wallet or has used Whats Local Today Wallet in a manner inconsistent with these Whats Local Today Wallet T&Cs, Whats Local Today shall upon investigation have the right to suspend the user. Further, pending investigation, the user shall not be entitled to use Whats Local Today Wallet available with them. 9. Whats Local Today reserves the right to terminate Whats Local Today Wallet or modify these Whats Local Today Wallet T&Cs and/or benefits at any point in time, without any reason or without notice to users. This wouldn’t affect the Whats Local Today Wallet already issued to users. Whats Local Today reserves the right to disqualify any user at any time from using Whats Local Today Wallet if there are reasons to believe that such user has violated any of these Whats Local Today Wallet T&C or the User Terms and Conditions. 10. These Whats Local Today Wallet T&C shall be governed by and construed in accordance with the laws of India without reference to conflict of laws principles. Disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts at DELHI.

 
Whats Local Today Referral Programme – Terms and Conditions

1. Whats Local Today Referral Programme is a reward program initiated by Whats Local Today Network Private Limited (“Whats Local Today”) for encouraging Eligible Users to refer the Whats Local Today App to their friends and family against Whats Local Today Wallet. 2. Each Eligible User (“Referee”) is provided with a referral code, which he/she may choose to share with people known to them personally and have consented to receive such referral code. 3. Each new user (“Referred”) downloading the Whats Local Today App shall receive Whats Local Today Wallet upon them entering the referral code shared by the Referee. 4. A Referee shall receive Rs. 50 in their Whats Local Today Wallet upon the Referred using the Whats Local Today App within the first 7 (seven) days of the Referred downloading the Whats Local Today App for a task not less than INR 100 (Indian Rupees One Hundred only). 5. Each Referee can refer up to a maximum of 10 users. 6. Users must refer and distribute the referral codes only to people known to them personally and have consented to receive such referral code. Users must not send bulk and spam emails to distribute the referral code nor must users post it on any public platform for distribution to strangers. Any violation of these terms will immediately lead to disqualification of use of the Whats Local Today App in addition to exposure to further legal action. 7. Upon a Referee reaching the maximum number of referrals, the referral code shall become invalid. 8. For the purpose of these terms and conditions “Eligible User” shall mean such users as may be indicated by Whats Local Today from time to time. 9. In case of any issue pertaining to the eligibility to refer or be referred, the independent decision made by Whats Local Today shall be final and binding. For any issue pertaining to receipt of Whats Local Today Wallet, please write to support@whatslocal.today 10. Company reserves the right to terminate the Whats Local Today Referral Programme or modify these terms at any point in time, without notice to users. This wouldn’t affect the benefits already availed by such user. 11. These terms are in addition to and not a substitution for the terms and conditions on the Whats Local Today App / website or other product(s) / service(s) specific terms and conditions. Further, these terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts at DELHI.

 
Partner Terms

This Services Agreement (“Agreement”) constitutes a legal agreement between an independent company in the business of providing transportation and logistics services (“Customer”) and FULL NAME OF THE COMPANY - WHATS LOCAL TODAY, a private limited company registered under the Companies Act, 2013, having its offices at COMPLETE ADDRESS OF WHATS LOCAL TODAY, India, (“Whats Local Today”). Whats Local Today provides the Whats Local Today Services (as defined below) for the purpose of providing lead generation to transportation and logistics services providers. The Whats Local Today Services enables an authorized transportation and/or logistics provider to seek, receive and fulfil requests for item(s)/package(s) pick-up and drop, purchase of item(s) from outlets in the Territory or other person(s)/service provider(s), facilitate other logistic services, including transportation services from an authorized user of Whats Local Today’s mobile application. Customer is authorized to provide transportation and logistics services in the state(s) and jurisdiction(s) in which it operates, and it desires to enter into this Agreement for the purpose of accessing and using the Whats Local Today Services to enhance its independent transportation and/or logistics business, as is applicable. Customer acknowledges and agrees that Whats Local Today is a technology services provider that does not provide transportation or logistics or delivery services, function as a transportation/logistics carrier, nor operate as an agent for the delivery of good(s)/item(s) purchased, logistic(s) services and/or transportation of passengers. In order to use the Whats Local Today Services, Customer must agree to the terms and conditions that are set-forth below. Upon Customer’s execution (electronic or otherwise) of this Agreement, Customer and Whats Local Today shall be bound by the terms and conditions set-forth herein. 1. Definitions 1.1. “Affiliate” means an entity that, directly or indirectly, controls, is under the control of, or is under common control with a party, where control means having more than fifty percent (50%) of the voting stock or other ownership interest, the majority of the voting rights of such entity, the ability of such entity to ensure that the activities and business of that Affiliate are conducted in accordance with the wishes of that entity or the right to receive the majority of the income of that Affiliate on any distribution by it of all of its income or the majority of its assets on a winding up. 1.2. “City Addendum” means an addendum or supplemental information to this Agreement setting forth additional Territory-­‐specific terms, as made available and as updated by Whats Local Today from time to time. 1.3. “Device” means a Whats Local Today Device or Driver-­‐Provided Device, as the case may be. 1.4. “Driver” means a principal, employee or contractor of Customer: (a) who meets the then - current Whats Local Today requirements to be an active driver using the Whats Local Today Services; (b) whom Whats Local Today authorizes to access the Whats Local Today Services to provide Transportation and/or Logistics Services on behalf of Customer; and (c) who has entered into the Driver Addendum. 1.5. “Driver ID” means the identification and password key assigned by Whats Local Today to a Driver that enables a Driver to use and access the Whats Local Today Partner App. 1.6. “Driver Addendum” means the terms and conditions that Customer is required to enter into with a Driver prior to such Driver providing Transportation and/or Logistics Services on behalf of Customer (as may be updated by Whats Local Today from time to time). 1.7. “Whats Local Today Partner App” means Whats Local Today’s mobile application that enables independent contractor couriers to access the Whats Local Today Services for the purpose of seeking, receiving and fulfilling on-­‐demand requests for on-demand delivery services by Users, as may be updated or modified by Whats Local Today at its discretion from time to time. 1.8. “Whats Local Today Data” means all data related to the access and use of the Whats Local Today Services hereunder, including all data related to Users (including User Information), all data related to the provision of Transportation and/or Logistics Services via the Whats Local Today Services and the Driver App, and the Driver ID. 1.9. “Whats Local Today Device” means a mobile device owned or controlled by Whats Local Today that may be provided to Customer or a Driver for the sole purpose of such Driver using the Driver App to provide Transportation and/or Logistics Services and for no other purpose whatsoever. 1.10. “Whats Local Today Services” mean Whats Local Today’s electronic services rendered via a digital technology platform, being on-­‐demand intermediary and related services that enable transportation and/or logistics providers to seek, receive and fulfil on-­‐demand requests for transportation and/ or logistics services by Users seeking such transportation and/ or logistics services; such Whats Local Today Services include access to the Driver App and Whats Local Today’s related software, websites, payment services as described in Section 4 below, and related support services systems, as may be updated or modified by Whats Local Today at its discretion from time to time. 1.11. “Fare” has the meaning set forth in Section 4.1. 1.12. “Logistics Services” has the meaning set forth in Section3.1. 1.13. “App On-boarding Fee” shall mean the one-time amount charged by Whats Local Today on the Customer at the time of on-boarding onto the Whats Local Today App. 1.14. “Service Fee” has the meaning set forth in Section 4.4. 1.15. “Transportation/Logistics Services” has the meaning set forth in Section3.1. 1.16. “Territory” means the city or metro areas in the territory of India which Customer and its Drivers are enabled by the Driver App to receive requests for Transportation and/or Logistics Services. 1.17. “Tolls” means any applicable road, bridge, ferry, tunnel and airport charges and fees, including inner‐city congestion, environmental or similar charges as reasonably determined by the Whats Local Today Services based on available information. 1.18. “User” means an end user authorized by Whats Local Today to use Whats Local Today’s mobile application for the purpose of obtaining Transportation and/or Logistics Services offered by Whats Local Today’s transportation and/or logistics provider customers. 1.19. “User Information” means information about a User made available to Customer or a Driver in connection with such User’s request for and use of Transportation and/or logistics Services, which may include the User’s name, pick‐up location, contact information and photo. 1.20. “Vehicle” means any vehicle of Customer that: (a) meets the then-current Whats Local Today requirements for a vehicle on the Whats Local Today Services; and (b) Whats Local Today authorizes for use by a Driver for the purpose of providing Transportation and/or Logistics Services on behalf of Customer. 2. Use of the Whats Local Today Services 2.1. “Driver IDs”. Whats Local Today will issue Customer a Driver ID for each Driver providing Transportation and/or logistic Services to enable Customer and each Driver to access and use the Driver App on a Device in accordance with the Driver Addendum and this Agreement. Customer agrees that it will, and that it will ensure that its Drivers will, maintain Driver IDs in confidence and not share Driver IDs with any third party other than the Driver associated with such Driver ID for the purpose of providing Transportation and/or logistics Services. Customer will immediately notify Whats Local Today of any actual or suspected breach or improper use or disclosure of a Driver ID or the Driver App. 2.2. Provision of Transportation and/or Logistics Services. When the Driver App is active, User requests for Transportation and/or Logistics Services may appear to a Driver via the Driver App if the Driver is available and in the vicinity of the User. If a Driver accepts a User’s request for Transportation and/or Logistics Services, the Whats Local Today Services will provide certain User Information to such Driver via the Driver App, including the User’s first name and pickup location. In order to enhance User satisfaction with the Whats Local Today mobile application and Customer’s and Driver(s) Transportation and/or Logistics Services, it is recommended that the Driver wait at least ten (10) minutes for a User to show up at the requested pick-up location. It is also recommended that the Driver understands the local regulation(s), including the minimum age and purchase quantity condition(s) with respect to the purchase and/or delivery of alcoholic beverages, item(s) containing tobacco including any other restricted item(s) under applicable law. The Driver will obtain the destination and/or the purchase outlet detail(s) from the User, either in person upon pickup or from the Driver App if the User elects to enter such destination and/or the purchase outlet via Whats Local Today’s mobile application. Customer acknowledges and agrees that once a Driver has accepted a User’s request for Transportation and/or Logistics Services, Whats Local Today’s mobile application may provide certain information about the Driver to the User, including the Driver’s first name, contact information, Customer entity name, location, and the Driver’s Vehicle’s make, license plate number, as is applicable. Customer shall not, and shall ensure that all Drivers do not, contact any Users or use any User's personal data for any reason other than for the purposes of fulfilling Transportation and/or Logistics Services. As between Whats Local Today and Customer, Customer acknowledges and agrees that: (a) Customer and its Drivers are solely responsible for determining the most effective, efficient and safe manner to perform each instance of Transportation and/or Logistics Services; and (b) except for the Whats Local Today Services or any Whats Local Today Devices (if applicable), Customer shall provide all necessary equipment, tools and other materials, at Customer’s own expense, necessary to perform Transportation and/or Logistics Services. 2.3. “Customer’s Relationship with Users”. Customer acknowledges and agrees that Customer’s provision of Transportation and/or Logistics Services to Users creates a legal and direct business relationship between Customer and the User, to which Whats Local Today is not a party. Whats Local Today is not responsible or liable for the actions or inactions of a User in relation to the activities of Customer, a Driver or any Vehicle. Customer shall have the sole responsibility for any obligations or liabilities to Users or third parties that arise from its provision of Transportation and/or Logistics Services. Customer acknowledges and agrees that it and each Driver are solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance that meets the requirements of all applicable laws) regarding any acts or omissions of a User or third party. Customer acknowledges and agrees that Whats Local Today may release the contact and/or insurance information of Customer and/or a Driver to a User upon such User’s reasonable request. Customer acknowledges and agrees that, unless specifically consented to by a User, neither Customer nor Driver may transport or allow alongside any Vehicle individuals other than a User and any individuals authorized by such User during the performance of Transportation and/ or Logistics Services for such User. Customer acknowledges and agrees, and shall ensure that its Drivers agree, that all Users should be transported directly to their specified destination, as directed by the applicable User, without unauthorized interruption or unauthorized stops. 2.4. “Customer’s Relationship with Whats Local Today”. Customer acknowledges and agrees that Whats Local Today’s provision to Customer of the Driver App and the Whats Local Today Services creates a legal and direct business relationship between Whats Local Today and Customer. Whats Local Today does not, and shall not be deemed to, director control Customer or its Drivers generally or in their performance under this Agreement specifically, including in connection with the operation of Customer’s business, the provision of Transportation and/or Logisitics Services, the acts or omissions of Drivers, or the operation and maintenance of any Vehicles. Customer and its Drivers retain the sole right to determine when and for how long each of them will utilize the Driver App or the Whats Local Today Services. Customer and its Drivers retain the option, via the Driver App, to attempt to accept or to decline or ignore a User’s request for Transportation and/or Logistics Services via the Whats Local Today Services, or to cancel an accepted request for Transportation and/or the Logiatics Services via the Driver App, subject to Whats Local Today’s then-current cancellation policies. Customer acknowledges and agrees that it has complete discretion to operate its independent business and direct its Drivers at its own discretion, including the ability to provide services at any time to any third party separate and apart from Transportation and/or Logistics Services. For the sake of clarity, Customer understands that Customer retains the complete right to provide Transportation and/or Logistics services to its existing customers and to use other software application services in addition to the Whats Local Today Services. Whats Local Today retains the right to, at any time in Whats Local Today's sole discretion, deactivate or otherwise restrict Customer or any Driver from accessing or using the Driver App or the Whats Local Today Services in the event of a violation of this Agreement, a violation of a Driver Addendum, Customer‘s or any Driver’s disparagement of Whats Local Today or any of its Affiliates, Customer’s or any Driver’s act or omission that causes harm to Whats Local Today’s or its Affiliates’ brand, reputation or business as determined by Whats Local Today in its sole discretion. Whats Local Today also retains the right to deactivate or otherwise restrict Customer or any Driver from accessing or using the Driver App or the Whats Local Today Services for any other reason at the sole and reasonable discretion of Whats Local Today. 2.5. “Customer’s Relationship with Drivers”. Customer shall have the sole responsibility for any obligations or liabilities to Drivers that arise from its relationship with its Drivers (including provision of Transportation and/or Logistics Services). Customer acknowledges and agrees that it exercises sole control over the Drivers and will comply with all applicable laws (including tax and employment laws) governing or otherwise applicable to its relationship with its Drivers. Notwithstanding Customer’s right, if applicable, to take recourse against a Driver, Customer acknowledges and agrees that it is at all times responsible and liable for the acts and omissions of its Drivers vis-à-vis Users and Whats Local Today, even where such liability may not be mandated under applicable law. Customer shall require each Driver to enter into a Driver Addendum (as may be updated from time to time) and shall provide a copy of each executed Driver Addendum to Whats Local Today. Customer acknowledges and agrees that Whats Local Today is a third party beneficiary to each Driver Addendum, and that, upon a Driver’s execution of the Driver Addendum (electronically or otherwise), Whats Local Today will have the irrevocable right (and will be deemed to have accepted the right unless it is rejected promptly after receipt of a copy of the executed Driver Addendum) to enforce the Driver Addendum against the Driver as a third party beneficiary thereof. 2.6. Ratings. 2.6.1. Customer acknowledges and agrees that: (a) after receiving Transportation Services, a User will be prompted by Whats Local Today’s mobile application to provide a rating of such Transportation and/or Logistics Services and Driver and, optionally, to provide comments or feedback about such Transportation Services and Driver; and (b) after providing Transportation Services, the Driver will be prompted by the Driver App to provide a rating of the User and, optionally, to provide comments or feedback about the User. Customer shall instruct all Drivers to provide ratings and feedback in good faith. 2.6.2. Customer acknowledges that Whats Local Today desires that Users have access to high-quality services via Whats Local Today’s mobile application. In order to continue to receive access to the Driver App and the Whats Local Today Services, each Driver must maintain an average rating by Users that exceeds the minimum average acceptable rating established by Whats Local Today for the Territory, as may be updated from time to time by Whats Local Today in its sole discretion (“Minimum Average Rating”). In the event a Driver’s average rating falls below the Minimum Average Rating, Whats Local Today will notify Customer and may provide the Driver in Whats Local Today’s discretion, a limited period of time to raise his or her average rating above the Minimum Average Rating. If such Driver does not increase his or her average rating above the Minimum Average Rating within the time period allowed (if any), Whats Local Today reserves the right to deactivate such Driver’s access to the Driver App and the Whats Local Today Services. Additionally, Customer acknowledges and agrees that repeated failure by a Driver to accept User requests for Transportation and/or Logistics Services while such Driver is logged in to the Driver App creates a negative experience for Users of Whats Local Today’s mobile application. Accordingly, Customer agrees and shall ensure that if a Driver does not wish to accept User requests for Transportation Services for a period of time, such Driver will log off of the Driver App. 2.6.3. Whats Local Today and its Affiliates reserve the right to use, share and display Driver and User ratings and comments in any manner in connection with the business of Whats Local Today and its Affiliates without attribution to or approval of Customer or the applicable Driver. Customer acknowledges that Whats Local Today and its Affiliates are distributors (without any obligation to verify) and not publishers of Driver and User ratings and comments, provided that Whats Local Today and its Affiliates reserve the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws or Whats Local Today’s or its Affiliates’ content policies. 2.7. Devices. 2.7.1. Whats Local Today encourages Customer to use Driver-Provided Devices for providing the Transportation Services. Otherwise, Whats Local Today will supply Customer upon request with Whats Local Today Devices to each authorized Driver and provide the necessary wireless data plan for such Devices, provided that Whats Local Today will require reimbursement from Customer for the costs associated with the wireless data plan of each Whats Local Today Device and/or request a deposit for each Whats Local Today Device. Customer acknowledges and agrees that: (a) Whats Local Today Devices may only be used for the purpose of enabling Driver access to the Whats Local Today Services; and (b) Whats Local Today Devices may not be transferred, loaned, sold or otherwise provided in any manner to any party other than the Driver assigned to use such Whats Local Today Device. Whats Local Today Devices shall at all times remain the property of Whats Local Today, and upon termination of this Agreement or the termination or deactivation of a Driver, Customer agrees to return to Whats Local Today the applicable Whats Local Today Devices within ten (10) days. Customer acknowledges and agrees that failure to timely return any Whats Local Today Devices, or damage to Whats Local Today Devices outside of “normal wear and tear,” will result in the forfeiture of related deposits. 2.7.2. If Customer elects to use any Driver-Provided Devices: (i) Customer and/or its Drivers are responsible for the acquisition, cost and maintenance of such Driver-Provided Devices as well as any necessary wireless data plan; and (ii) Whats Local Today shall make available the Driver App for installation on such Driver-Provided Devices. Whats Local Today hereby grants the authorized user of any Driver-Provided Device a personal, non-exclusive, non-transferable user right to install and use the Driver App on a Driver-Provided Device solely for the purpose of providing Transportation and/or Logistics Services. Customer agrees to not, and shall cause each applicable Driver to not, provide, distribute or share, or enable the provision, distribution or sharing of, the Driver App (or any data associated therewith) with any third party. The foregoing right shall immediately terminate and Driver will delete and fully remove the Driver App from the Driver-Provided Device in the event that Customer and/or the applicable Driver ceases to provide Transportation and/or Logistics Services using the Driver-Provided Device. Customer agrees, and shall inform each applicable Driver that: (i) use of the Driver App on a Driver-Provided Device requires an active data plan with a wireless carrier associated with the Driver-Provided Device, which data plan will be provided by either Customer or the applicable Driver at their own expense; and (ii) use of the Driver App on a Driver-Provided Device as an interface with the Whats Local Today Services may consume very large amounts of data through the data plan. Whats Local Today advises that Driver-Provided Devices should only be used under a data plan with unlimited or very high data usage limits, and Whats Local Today shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan. 2.8. Location Based Services. Customer acknowledges and agrees that each Driver’s geo-location information must be provided to the Whats Local Today Services via a Device in order to provide Transportation and/or Logistics Services. Customer acknowledges and agrees, and shall inform and obtain the consent of each Driver, that: (a) the Driver’s geo-location information will be monitored and tracked by the Whats Local Today Services when the Driver is logged into the Driver App and available to receive requests for Transportation and/ or Logistics Services, or when the Driver is providing Transportation and/ or Logistics Services; and (b) the approximate location of the Driver’s Vehicle will be displayed to the User before and during the provision of Transportation and/ or Logistics Services to such User. In addition, Whats Local Today may monitor, track and share a Driver’s geo-location information obtained by the Driver App and Device for safety, security, technical, marketing and commercial purposes, including to provide and improve Whats Local Today’s products and services. 3. Drivers and Vehicles 3.1. Driver Requirements: Customer acknowledges and agrees that each Driver shall at all times: (a) hold and maintain (i) a valid driver's license with the appropriate level of certification to operate the Vehicle assigned to such Driver, and (ii) all licenses, permits, approvals and authority applicable to Customer and/or Driver that are necessary to provide passenger transportation services to third parties in the Territory and/or logistic services, involving the purchase of item(s) third parties in the Territory; (b) possess the appropriate and current level of training, expertise and experience to provide Transportation and/or Logistics Services in a professional manner with due skill, care and diligence; and (c) maintain high standards of professionalism, service and courtesy. Customer acknowledges and agrees that each Driver may be subject to certain background and driving record checks from time to time in order for such Driver to qualify to provide, and remain eligible to provide, Transportation and/or Logistics Services. In addition if Customer and/or Driver are using the Whats Local Today App to provide Transportation and/or Logistics Services in conjunction with operating a vehicle which enables passenger(s) to be ferried (“Transportation and/or Logistics Services”), such Customer and/or Driver shall comply with all applicable laws with respect thereto. Customer acknowledges and agrees that Whats Local Today reserves the right, at any time in Whats Local Today's sole discretion, to deactivate or otherwise restrict a Driver from accessing or using the Driver App or the Whats Local Today Services if Customer or such Driver fails to meet the requirements set forth in this Agreement or the Driver Addendum. 3.2. Vehicle Requirements: Customer acknowledges and agrees that each Vehicle shall at all times be: (a) properly registered and licensed to operate as a passenger transportation vehicle and/or Vehicle to transport Item(s) purchased in the Territory; (b) owned or leased by Customer, or otherwise in Customer’s lawful possession; (c) suitable for performing the passenger transportation service and/or Vehicle to transport item(s) as contemplated by this Agreement; and (d) maintained in good operating condition, consistent with industry safety and maintenance standards for a Vehicle of its kind and any additional standards or requirements in the applicable Territory, and in a clean and sanitary condition. 3.3. Documentation:To ensure Customer’s and each of its Drivers’ compliance with all requirements in Sections 3.1 and 3.2 above, Customer must provide Whats Local Today with written copies of all such licenses, permits, approvals, authority, registrations and certifications prior to Customer’s and the applicable Drivers’ provision of any transportation services and/or logistic services. Thereafter, Customer must submit to Whats Local Today written evidence of all such licenses, permits, approvals, authority, registrations and certifications as they are renewed. Whats Local Today shall, upon request, be entitled to review such licenses, permits, approvals, authority, registrations and certifications from time to time, and Customer’s failure to provide or maintain any of the foregoing shall constitute a material breach of this Agreement. Whats Local Today reserves the right to independently verify Customer's and/or any Driver’s documentation from time to time in any way Whats Local Today deems appropriate in its reasonable discretion. 4. Financial Terms 4.1. Fare Calculation and Customer Payment: Customer is entitled to charge a fare for each instance of completed Transportation Services provided to a User that are obtained via the Whats Local Today Services (“Fare”), where such Fare is calculated based upon a base fare amount plus distance (as determined by Whats Local Today using location-based services enabled through the Device) and/or time amounts, for the applicable Territory (“Fare Calculation”). Customer is also entitled to charge User for any Tolls, taxes or fees incurred during the provision of Transportation and/or Logistics Services, if applicable. Customer: 4.2. Appoints Whats Local Today as Customer’s limited payment collection agent solely for the purpose of accepting the Fare, applicable Tolls and, depending on the region and/or if requested by Customer, applicable taxes and fees from the User on behalf of the Customer via the payment processing functionality facilitated by the Whats Local Today Services; and 4.3. Agrees that payment made by User to Whats Local Today shall be considered the same as payment made directly by User to Customer. In addition, the parties acknowledge and agree that as between Customer and Whats Local Today, the Fare is a recommended amount, and the primary purpose of the pre-arranged Fare is to act as the default amount in the event Customer does not negotiate a different amount. Customer shall always have the right to: 4.4. Charge a fare that is less than the pre-arranged Fare; or 4.5. Negotiate, at Customer’s request, a Fare that is lower than the pre-arranged Fare (each of (i) and (ii) herein, a “Negotiated Fare”). Whats Local Today shall consider all such requests from Customer in good faith. Whats Local Today agrees to remit to Customer on at least a weekly basis: (a) the Fare less the applicable Service Fee; (b) the Tolls; and (c) depending on the region, certain taxes and ancillary fees. If Customer has separately agreed, other amounts may be deducted from the Fare prior to remittance to Customer (e.g., App On-boarding Fee(s) etc.), the order of those deductions from the Fare to be determined exclusively by Whats Local Today. Notwithstanding anything to the contrary in this Section 4.1, if Customer is providing two-wheeler taxi Services, the following shall apply: (x) the Fare is calculated pursuant to local taxi regulations in the Territory; and (y) in some jurisdictions, Users may pay such Customer or Driver directly rather than through Whats Local Today's mobile application (Whats Local Today will notify Customer if (y) is applicable in its Territory). 4.6. Changes to Fare Calculation: Whats Local Today reserves the right to change the Fare Calculation at any time in Whats Local Today’s discretion based upon local market factors, and Whats Local Today will provide notice to Customer in the event of such change that would result in a change in the recommended Fare. Continued use of the Whats Local Today Services after any such change in the Fare Calculation shall constitute Customer’s consent to such change. 4.7. Fare Adjustment. Whats Local Today reserves the right to: 4.8. Adjust the Fare for a particular instance of Transportation Services (e.g., Driver took an inefficient route, Driver failed to properly end a particular instance of Transportation Services in the Driver App, technical error in the Whats Local Today Services, etc.); or 4.9. Cancel the Fare for a particular instance of Transportation Services (e.g., a User is charged for Transportation Services that were not provided, in the event of a User complaint, fraud, etc.). Whats Local Today’s decision to reduce or cancel the Fare in any such manner shall be exercised in a reasonable manner. 4.10. Service Fee: In consideration of Whats Local Today’s provision of the Whats Local Today Services, the Customer may pay Whats Local Today a service fee on a per Transportation and/or Logistics Services transaction basis calculated as a percentage of the Fare (regardless of any Negotiated Fare), as provided to Customer via email or otherwise made available electronically by Whats Local Today from time to time for the applicable Territory (“Service Fee”). Unless regulations applicable to Customer’s Territory require otherwise, taxes will be calculated and charged on the Fare, and Whats Local Today shall calculate the Service Fee based on the Fare inclusive of such taxes. Whats Local Today reserves the right to change the Service Fee at any time in Whats Local Today’s discretion based upon local market factors, and Whats Local Today will provide notice to Customer in the event of such change. Continued use of the Whats Local Today Services after any such change in the Service Fee calculation shall constitute Customer’s consent to such change. In addition, with respect to Taxi Services in the applicable Territory, Customer agrees to pay Whats Local Today a booking fee in consideration of Whats Local Today’s provision of the Driver App and the Whats Local Today Services. 4.11. Cancellation Charges: Customer acknowledges and agrees that Users may elect to cancel requests for Transportation and/or Logistics Services that have been accepted by a Driver via the Driver App at any time prior to the Driver’s arrival. In the event that a User cancels an accepted request for Transportation and/or Logistic Services, Whats Local Today may charge the User a cancellation fee on behalf of the Customer. If charged, this cancellation fee shall be deemed the Fare for the cancelled Transportation and/or Logistics Services for the purpose of remittance to Customer hereunder (“Cancellation Fee”). The parties acknowledge that and agree that as between Customer and Company, this Cancellation Fee is a recommended amount, and the primary purpose of such Cancellation Fee is to act as the default amount in the event Customer does not negotiate a different amount. Customer shall always have the right to: 4.11.1. Charge a cancellation fee that is less than the Cancellation Fee; or 4.11.2. Negotiate, at Customer’s request, a cancellation fee that is lower than the Cancellation Fee (each of (i) and (ii) herein, a “Negotiated Cancellation Fee”). If charged, the Cancellation Fee (regardless of any Negotiated Cancellation Fee) shall be deemed the Fare for the cancelled Transportation and/or Logistics Services for the purpose of remittance to the Customer hereunder. 4.12. Receipts: As part of the Whats Local Today Services, Whats Local Today provides Customer a system for the delivery of receipts to Users for Transportation and/or Logistics Services rendered on the Whats Local Today Platform. Upon the completion of Transportation and/or Logistics Services for a User by a Driver, Whats Local Today prepares an applicable receipt and issues such receipt to the User via email on behalf of the Customer and applicable Driver. Such receipts are also provided via email or the online portal available to the Customer on the Whats Local Today Services. Receipts include the breakdown of amounts charged to the User for Transportation and/or Logistics Services and may include specific information about the Customer and applicable Driver, including the Customer’s entity name and contact information, as well as a map of the route taken by the Driver. Customer shall inform Drivers that any corrections to a User’s receipt for Transportation and/or Logistics Services must be submitted to Whats Local Today in writing within three (3) business days after the completion of such Transportation and/or Logistics Services. Absent such a notice, Whats Local Today shall not be liable for any mistakes in or corrections to the receipt or for recalculation or disbursement of the Fare. 4.13. Platform Advertisement; Marketing: Customer acknowledges and agrees that, for the mutual benefit of the parties, through advertising and marketing, Whats Local Today and/or its Affiliates may seek to attract new Users to Whats Local Today and to increase existing Users’ use of Whats Local Today’s mobile application. 4.14. Taxes: Customer acknowledges and agrees that it is required to: (a) Complete all tax registration obligations and calculate and remit all tax liabilities related to the provision of Transportation Services as required by applicable law; and (b) Provide Whats Local Today with all relevant tax information. Customer further acknowledges and agrees that Customer and each of its Drivers are responsible for taxes on their own income arising from the performance of Transportation and or Logistics Services. Notwithstanding anything to the contrary in this Agreement, Whats Local Today may in its reasonable discretion based on applicable tax and regulatory considerations, collect and remit taxes resulting from Customer’s and/or any Driver’s provision of Transportation and/or Logistics Services and/or provide any of the relevant tax information Customer and/or any Driver has provided pursuant to the foregoing requirements in this Section 4.8 directly to the applicable governmental tax authorities on Customer’s and/or the applicable Driver’s behalf or otherwise. 5. Proprietary Rights; License 5.1. License Grant: Subject to the terms and conditions of this Agreement, Whats Local Today hereby grants Customer a non-exclusive, royalty-free, non-transferable, non-sub-licensable, non-assignable license, during the term of this Agreement, to use (and allows its Drivers to use) the Driver App in connection with the provision by Whats Local Today of the Whats Local Today Services solely for the purpose of providing Transportation and/or Logistics Services to Users and tracking resulting Fares and Fees. All rights not expressly granted to Customer are reserved by Whats Local Today, its Affiliates and their respective licensors. 5.2. Restrictions: Customer shall not, and shall not allow any other party to: (a) License, sublicense, sell, resell, transfer, assign, distribute or otherwise provide or make available to any other party the Whats Local Today Services, Driver App or any Whats Local Today Device in any way; (b) Modify or make derivative works based upon the Whats Local Today Services or Driver App; (c) Improperly use the Whats Local Today Services or Driver App, including creating Internet “links” to any part of the Whats Local Today Services or Driver App, “framing” or “mirroring” any part of the Whats Local Today Services or Driver App on any other websites or systems, or “scraping” or otherwise improperly obtaining data from the Whats Local Today Services or Driver App; (d) Reverse engineer, decompile, modify, or disassemble the Whats Local Today Services or Driver App, except as allowed under applicable law; or (e) Send spam or otherwise duplicative or unsolicited messages. In addition, Customer shall not, and shall not allow any other party to, access or use the Whats Local Today Services or Driver App to: (i) Design or develop a competitive or substantially similar product or service; (ii) Copy or extract any features, functionality, or content thereof; (iii) Launch or cause to be launched on or in connection with the Whats Local Today Services an automated program or script, including web spiders, crawlers, robots, indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the Whats Local Today Services; or (iv) Attempt to gain unauthorized access to the Whats Local Today Services or its related systems or networks. 5.3. Ownership: The Whats Local Today Services, Driver App and Whats Local Today Data, including all intellectual property rights therein, and the Whats Local Today Devices are and shall remain the property of Whats Local Today, its Affiliates or their respective licensors. Neither this Agreement nor Customer’s use of the Whats Local Today Services, Driver App or Whats Local Today Data conveys or grants to Customer any rights: (a) In or related to the Whats Local Today Services, Driver App or Whats Local Today Data, except for the limited license granted above; or (b) To use or reference in any manner Whats Local Today’s, its Affiliates’, or their respective licensors’ company names, logos, product and service names, trademarks, service marks or other indicia of ownership. Additionally, Customer acknowledges Whats Local Today’s rights in its WHATS LOCAL TODAY family of trademarks and names, including WHATS LOCAL TODAY, alone and in combination with other letters, punctuation, words, symbols and/or designs, the WHATS LOCAL TODAY Logo and/or the WHATS LOCAL TODAY Pillion (“WHATS LOCAL TODAY Marks and Names”). Customer agrees it will not, and it will ensure that its Drivers do not, try to register or otherwise claim ownership in any of the WHATS LOCAL TODAY Marks and Names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark or name. 6. Confidentiality 6.1. Each party acknowledges and agrees that in the performance of this Agreement it may have access to or may be exposed to, directly or indirectly, confidential information of the other party ("Confidential Information"). Confidential Information includes Whats Local Today Data, Driver IDs, User Information, and the transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information of each party (whether disclosed in writing or verbally) that such party designates as being proprietary or confidential or of which the other party should reasonably know that it should be treated as confidential. 6.2. Each party acknowledges and agrees that: (a) All Confidential Information shall remain the exclusive property of the disclosing party; (b) It shall not use Confidential Information of the other party for any purpose except in furtherance of this Agreement; (c) It shall not disclose Confidential Information of the other party to any third party, except to its employees, officers, contractors, agents and service providers ("Permitted Persons") as necessary to perform under this Agreement, provided Permitted Persons are bound in writing to obligations of confidentiality and non-use of Confidential Information no less protective than the terms hereof; and (d) It shall return or destroy all Confidential Information of the disclosing party upon the termination of this Agreement or at the request of the other party (subject to applicable law and, with respect to Whats Local Today, its internal record-keeping requirements). 6.3. Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (a) Is or becomes part of the public domain through no act or omission on the part of the receiving party; (b) Was possessed by the receiving party prior to the date of this Agreement without an obligation of confidentiality; (c) Is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto; or (d) Is required to be disclosed pursuant to law, court order, subpoena or governmental authority, provided the receiving party notifies the disclosing party thereof and provides the disclosing party a reasonable opportunity to contest or limit such required disclosure. 7. Privacy. Subject to all applicable laws, Whats Local Today may provide to a third party any information (including personal data and any Whats Local Today Data) about Drivers provided hereunder if: (a) There is a complaint, dispute or conflict, including an accident, between a Driver and a User; (b) It is necessary to enforce the terms of the Agreement; (c) It is required, in Whats Local Today’s or any Affiliate’s sole discretion, by applicable law or regulation; (d) It is necessary, in Whats Local Today’s or any Affiliate’s sole discretion, to i. Protect the safety, rights, property or security of Whats Local Today, the Whats Local Today Services or any third party, ii. detect, prevent or otherwise address fraud, security or technical issues, and/or iii. Prevent or stop activity which Whats Local Today or any of its Affiliates, in their sole discretion, consider to be, or to pose a risk of being, illegal, unethical or legally actionable; or (e) It is required or necessary, in Whats Local Today’s or any Affiliate’s sole discretion, for insurance or other purposes related to Customer’s and/or Driver’s ability to qualify, or remain qualified, to use the Whats Local Today Services. Customer understands that Whats Local Today may retain Customer’s and/or Driver(s) personal data for legal, regulatory, safety, and other necessary purposes after this Agreement is terminated. Whats Local Today processes personal data (including that referenced in Section 2.8 above) in accordance with its privacy policy located at https://www.whatslocal.today/en/content/privacy-policy 8. Insurance 8.1. Customer agrees to maintain during the term of this Agreement on all Vehicles operated by Customer and its Drivers commercial automobile liability insurance that provides protection against bodily injury and property damage to third parties at levels of coverage that satisfy all applicable laws in the Territory. This coverage must also include any no-fault coverage required by law in the Territory that may not be waived by an insured. 8.2. Customer agrees to maintain during the term of this Agreement commercial general liability insurance that provides protection against personal injury, advertising injury and property damage to third parties at levels of coverage required by all applicable laws in the Territory. 8.3. Customer agrees to maintain during the term of this Agreement workers’ compensation insurance as required by all applicable laws in the Territory. If permitted by applicable law, Customer may choose to insure itself against industrial injuries by maintaining occupational accident insurance in place of workers’ compensation insurance. Customer’s subcontractors may also, to the extent permitted by applicable law, maintain occupational accident insurance in place of workers’ compensation insurance. 8.4. Customer shall add Whats Local Today (or any Affiliate which may be designated by Whats Local Today from time to time) to Customer’s insurance policies required in Sections 8.1 and 8.2 above as an additional insured, and shall, upon Whats Local Today’s request, provide Whats Local Today with a copy of such insurance certificate(s) within seven (7) days of such request. 9. Representations and Warranties; Disclaimers 9.1. By Customer: Customer hereby represents and warrants that: (a) It has full power and authority to enter into this Agreement and perform its obligations hereunder; (b) It is duly organized, validly existing and in good standing under the laws of the jurisdiction of its origin; (c) It has not entered into, and during the term will not enter into, any agreement that would prevent it from complying with this Agreement; (d) It will comply with all applicable laws in its performance of this Agreement, including holding and complying with all permits, licenses, registrations and other governmental authorizations necessary to provide (i) Transportation and/or Logistics Services using the Drivers and Vehicles pursuant to this Agreement, and (ii) Passenger transportation services to third parties in the Territory generally; and (e) It shall require all Drivers to comply with the Driver Addendum, the applicable terms and conditions set forth in this Agreement and all applicable laws. 9.2. Disclaimer of Warranties: Whats Local Today provides, and Customer accepts, the Whats Local Today Services, Driver App and the Whats Local Today Devices on an "as is" and "as available" basis. Whats Local Today does not represent, warrant or guarantee that Customer’s or any Driver’s access to or use of the Whats Local Today Services, Driver App or the Whats Local Today Devices: (a) Will be uninterrupted or error free; or (b) Will result in any requests for Transportation Services. Whats Local Today functions as an on-demand lead generation and related service only and makes no representations, warranties or guarantees as to the actions or inactions of the Users who may request or receive Transportation/Logistics Services from Customer or any Driver hereunder, and Whats Local Today need not screen or otherwise evaluate Users. By using the Whats Local Today Services and Driver App, Customer acknowledges and agrees that Customer or a Driver may be introduced to a third party (including Users) that may pose harm or risk to Customer, a Driver or other third parties. Customer and Drivers are advised to take reasonable precautions with respect to interactions with third parties encountered in connection with the use of the Whats Local Today Services or Driver App. Notwithstanding Whats Local Today’s appointment as the limited payment collection agent of Customer for the purpose of accepting payment from Users on behalf of Customer as set forth in Section 4 above, Whats Local Today expressly disclaims all liability for any act or omission of Customer, any Driver, any User or other third party. 9.3. No Service Guarantee: Whats Local Today does not guarantee the availability or uptime of the Whats Local Today Services or Driver App. Customer acknowledges and agrees that the Whats Local Today Services or Driver App may be unavailable at any time and for any reason (e.g., due to scheduled maintenance or network failure). Further, the Whats Local Today Services or Driver App may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, and Whats Local Today is not responsible for any delays, delivery failures or other damages, liabilities or losses resulting from such problems. 10. Indemnification 10.1. Customer shall indemnify, defend (at Whats Local Today’s option) and hold harmless Whats Local Today and its Affiliates and their respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including legal fees), damages, penalties, fines, social security contributions and taxes arising out of or related to: (a) Customer’s breach of its representations, warranties or obligations under this Agreement; or (b) a claim by a third party (including Users, regulators and governmental authorities) directly or indirectly related to Customer’s provision of Transportation and/or Logistics Services or use of the Whats Local Today Services. 10.2. As between Customer and Whats Local Today, Customer is and shall be solely responsible for its Drivers’ provision of Transportation Services. As such, Customer shall indemnify, defend (at Whats Local Today’s option) and hold harmless Whats Local Today and its Affiliates and their respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including legal fees), damages, penalties, fines, social security contributions and taxes directly or indirectly arising out of or related to its Drivers’ provision of Transportation and/or Logistics Services or use of the Whats Local Today Services. 11. Limits of Liability. Whats Local Today and its Affiliates shall not be liable under or related to this Agreement for any of the following, whether based on contract, tort or any other legal theory, even if a party has been advised of the possibility of such damages: (i) Any incidental, punitive, special, exemplary, consequential, or other indirect damages of any type or kind; or (ii) Customer’s, Driver's or any third party’s property damage, or loss or inaccuracy of data, or loss of business, revenue, profits, use or other economic advantage. Except for Whats Local Today’s obligations to pay amounts due to Customer pursuant to Section 4 above, but subject to any limitations or other provisions contained in this Agreement which are applicable thereto, in no event shall the liability of Whats Local Today or its Affiliates under this Agreement exceed the amount of Service Fees actually paid to or due to Whats Local Today hereunder in the six (6) month period immediately preceding the event giving rise to such claim. Customer acknowledges and agrees that any and all claims Customer has or purports to have against Whats Local Today and/or its Affiliates should be notified to Whats Local Today and/or its Affiliates within one (1) year after the event(s) that gave rise to such claim and that Customer forfeits all rights in respect of that claim if Customer fails to do so. These limitations do not purport to limit liability that cannot be excluded by applicable law. 12. Term and Termination 12.1. Term: This Agreement shall commence on the date that the Agreement is executed by Customer (electronically or otherwise) and shall continue until terminated as set forth herein. 12.2. Termination: Either party may terminate this Agreement: (a) Without cause at any time upon seven (7) days prior notice to the other party; (b) Immediately, without notice, for the other party’s material breach of this Agreement; or (c) Immediately, without notice, in the event of the insolvency or bankruptcy of the other party, or upon the other party’s filing or submission of request for suspension of payment (or similar action or event) against the terminating party. In addition, Whats Local Today may terminate this Agreement or deactivate Customer or a particular Driver immediately, without notice, with respect to Customer and/or any Driver in the event Customer and/or any Driver, as applicable, no longer qualifies, under applicable law or the standards and policies of Whats Local Today, to provide Transportation Services or to operate the Vehicle, or as otherwise set forth in this Agreement. 12.3. Effect of Termination: Upon termination of the Agreement, Customer and all Drivers, as applicable, shall: (a) Promptly return to Whats Local Today all Whats Local Today Devices; and (b) Immediately delete and fully remove the Driver App from any applicable Driver-­‐Provided Devices. Outstanding payment obligations and Sections 1, 2.3, 2.5, 2.6.3, 4.7, 4.8, 5.3, 6, 7, 9, 10, 11, 12.3, 13, 14 and 15 shall survive the termination of this Agreement. 13. Relationship of the Parties 13.1. Except as otherwise expressly provided herein with respect to Whats Local Today acting as the limited payment collection agent solely for the purpose of collecting payment from Users on behalf of Customer, the relationship between the parties under this Agreement is solely that of independent contractors. The parties expressly agree that: (a) This Agreement is not an employment agreement, nor does it create an employment relationship (including from a labor law, tax law perspective), between Whats Local Today and Customer or Whats Local Today and any Driver; and (b) No joint venture, partnership, or agency relationship exists between Whats Local Today and Customer or Whats Local Today and any Driver. 13.2. Customer has no authority to bind Whats Local Today and undertakes not to hold itself out, and to ensure that each Driver does not hold himself or herself out, as an employee, agent or authorized representative of Whats Local Today or its Affiliates. Where, by implication of mandatory law or otherwise, Customer or any Driver may be deemed an employee, agent or representative of Whats Local Today, Customer undertakes and agrees to indemnify, defend (at Whats Local Today’s option) and hold Whats Local Today and its Affiliates harmless from and against any claims by any person, entity, regulators or governmental authorities based on such implied employment, agency or representative relationship. 13.3. Customer expressly acknowledges and agrees that by agreeing to the terms and conditions of this Agreement, Customer intends to perform Transportation Services in a non-incidental manner and, as such, Whats Local Today will consider Customer and its Drivers to be taxable persons in accordance with all applicable VAT and indirect tax legislation. 14. Miscellaneous Terms 14.1. Modification: Whats Local Today reserves the right to modify the terms and conditions of this Agreement or the Driver Addendum at any time, effective upon publishing an updated version of this Agreement or the Driver Addendum, as applicable, on the online portal available to Customer on the Whats Local Today Services. Whats Local Today reserves the right to modify any information referenced at hyperlinks from this Agreement from time to time. Customer hereby acknowledges and agrees that, by using the Whats Local Today Services, or downloading, installing or using the Driver App, Customer is bound by any future amendments and additions to this Agreement, information referenced at hyperlinks herein, or documents incorporated herein, including with respect to Fare Calculations. Continued use of the Whats Local Today Services or Driver App after any such changes shall constitute Customer’s consent to such changes. 14.2. Supplemental Terms: Supplemental terms may apply to Customer’s and Driver’s use of the Whats Local Today Services, such as use policies or terms related to certain features and functionality and/or zero tolerance/shipping policies, which may be modified from time to time (“Supplemental Terms”). Customer may be presented with certain Supplemental Terms from time to time. Supplemental Terms are in addition to, and shall be deemed a part of, this Agreement. Supplemental Terms shall prevail over this Agreement in the event of a conflict. 14.3. Severability: If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement but the legality, validity and enforceability of the remainder of this Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable (part of the) provision with a (part of a) provision that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable (part of the) provision, given the contents and purpose of this Agreement. 14.4. Assignment: Customer may not assign or transfer this Agreement or any of its rights or obligations hereunder, in whole or in part, without the prior written consent of the other party. Whats Local Today may assign or transfer this Agreement or any or all of its rights or obligations hereunder, in whole or in part, under this Agreement from time to time without consent. 14.5. Entire Agreement: This Agreement, including the recitals and all Supplemental Terms, constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In this Agreement, the words “including” and “include” mean “including, but not limited to.” The recitals form a part of this Agreement. 14.6. No Third-Party Beneficiaries: Except as otherwise set forth in Section 2.5 above, Customer acknowledges that there are no third-party beneficiaries to this Agreement. Nothing contained in this Agreement is intended to or shall be interpreted to create any third-party beneficiary claims. 14.7. Notices: Any notice delivered by Whats Local Today to Customer under this Agreement will be delivered by email to the email address associated with Customer’s account or by posting on the online portal available to the Customer on the Whats Local Today Services. Any notice delivered by Customer to Whats Local Today under this Agreement will be delivered by contacting Whats Local Today on legal@whatslocal.today and/or its support representatives. Additional Territory-specific notices may be required from time to time. 14.8. Governing Law; Arbitration: This Agreement shall be governed exclusively by laws of India and the Parties expressly submit to the exclusive jurisdiction of the courts of NEW DELHI. In the event of any dispute, claim or controversy arising under, or in relation to, this Agreement (“Dispute”), such Dispute shall be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The Dispute shall be settled by a sole arbitrator, jointly appointed by the Parties. If the Parties are unable to appoint a sole arbitrator by way of mutual consent, then such arbitrator shall be appointed pursuant to the provisions of Section 11 of the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be NEW DELHI, India and the arbitration proceedings shall be governed by the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. All arbitration proceedings shall be conducted in English. The arbitration award shall be final and binding on the Parties and shall be enforceable in any competent court of law, and the Parties agree to be bound thereby and to act accordingly. By clicking “I accept” on the Whats Local Today App or signing below (as such may be required by applicable law), Customer expressly acknowledges that Customer has read, understood, and taken steps to thoughtfully consider the consequences of this Agreement, that Customer agrees to be bound by the terms and conditions of this Agreement, and that Customer is legally competent to enter into this Agreement with Whats Local Today. DRIVER ADDENDUM TO SERVICES AGREEMENT This Driver Addendum to Services Agreement (“Addendum”) constitutes a legal agreement between an independent company in the business of providing transportation/logistics services (“Transportation/Logistics Company”) and an independent, for-hire transportation/logistics provider (“Driver”). Driver currently maintains a contractual or employment arrangement with Logistics/Transportation Company to perform passenger carriage services or logistics services, as the case may be, for the Transportation and/or the Logistics Company. Transportation Company and Whats Local Today Network Private Limited (“Whats Local Today”) have separately entered into a Services Agreement (“Agreement”) in order for Transportation/Logistics Company to access the Whats Local Today Services (as defined below). In addition to the transportation/logistics services it regularly performs pursuant to his or her contractual arrangement with Transportation/Logistics Company, Driver is interested in receiving lead generation and related services through the Whats Local Today Services. Transportation/Logistics Company and Driver desire to enter into this Addendum to define the terms and conditions under which Driver may receive such lead generation and related services. In order to use the Whats Local Today Services, Driver and Logistics/Transportation Company must agree to the terms and conditions that are set forth below. Upon Driver’s execution (electronic or otherwise) of this Addendum, Driver and Logistics/Transportation Company shall be bound by the terms and conditions set forth herein. 1. Definitions. 1.1. “Affiliate” means an entity that, directly or indirectly, controls, is under the control of, or is under common control with a party, where control means having more than fifty percent (50%) of the voting stock or other ownership interest, the majority of the voting rights of such entity, the ability of such entity to ensure that the activities and business of that Affiliate are conducted in accordance with the wishes of that entity or the right to receive the majority of the income of that Affiliate on any distribution by it of all of its income or the majority of its assets on a winding up. 1.2. “Device” means an Whats Local Today Device or Driver-Provided Device, as the case may be. 1.3. “Driver App” means Whats Local Today’s mobile application that enables transportation providers to access the Whats Local Today Services for the purpose of seeking, receiving and fulfilling on-demand requests for transportation/logistics services by Users, as may be updated or modified by Whats Local Today at its discretion from time to time. 1.4. “Driver App ID” means the identification and password key assigned by Whats Local Today to a Driver that enables a Driver to use and access the Driver App. 1.5. “Whats Local Today Data” means all data related to the access and use of the Whats Local Today Services hereunder, including all data related to Users (including User Information), all data related to the provision of Transportation and/or Logistics Services via the Whats Local Today Services and the Driver App, and the Driver ID. 1.6. “Whats Local Today Device” means a mobile device owned or controlled by Whats Local Today that is provided to Transportation and/or Logistics Company or a Driver for the sole purpose of such Driver using the Driver App to provide Transportation and/or Logistics Services and for no other purpose whatsoever. 1.7. “Whats Local Today Services” mean Whats Local Today’s electronic services rendered via a digital technology platform, being on-demand intermediary and related services that enable transportation/logistics providers to seek, receive and fulfil on-demand requests for transportation/logistics services by Users seeking transportation/logistics services; such Whats Local Today Services include Whats Local Today’s software, websites, payment services, and related support services systems, as may be updated or modified by Whats Local Today at its discretion from time to time. 1.8. “Logistics Services” means the provision of logistics services to Users via the Whats Local Today Services in the Territory by Logisctics/Transportation Company and its Drivers using the Vehicles, which would include but not limited to purchase of item(s) to deliver to the User(s) and pick-up an item from one point to deliver to the User(s), which would exclude certain item(s) as enlisted and updated from time to time under the Shipping Policy available on LINK OF THE SHIPPING POLICY OF WHATSLOCAL TODAY IF ANY. 1.9. “Territory” means the city or metro areas in India, which Transportation/Logistics Company and its Drivers are enabled by the Driver App to receive requests for Transportation and/or Logistics Services. 1.10. “Transportation Services” means the provision of passenger transportation services to Users via the Whats Local Today Services in the Territory by Transportation Company and its Drivers using the Vehicles. 1.11. “User” means an end user authorized by Whats Local Today to use Whats Local Today’s mobile application for the purpose of obtaining Transportation and/or Logistics Services. 1.12. “User Information” means information about a User made available to Transportation/Logistics Company or a Driver in connection with such User’s request for and use of Transportation/Logistics Services, which may include the User’s name, pick-up location, contact information and photo. 1.13. “Vehicle” means any vehicle of Transportation Company that: (a) meets the then-current Whats Local Today requirements for a vehicle on the Whats Local Today Services; and (b) Whats Local Today authorizes for use by a Driver for the purpose of providing Transportation and/or Logistics Services on behalf of Transportation/Logistics Company. 2. Use of the Whats Local Today Services. 2.1. Driver App IDs: Driver will be issued a Driver App ID for providing Transportation Services to enable Driver to access and use the Driver App on a Device in accordance with this Addendum. Driver will maintain his or her Driver App ID in confidence and not share it with any third party unless called upon to do so under a lawful order or by the law enforcement authorities during the course of investigation, and will immediately notify Transportation/Logistics Company of any actual or suspected breach or improper use or disclosure of the Driver App ID or the Driver App. 2.2. Provision of Transportation/Logistics Services: When the Driver App is active, User requests for Transportation/Logistics Services may appear to Driver via the Driver App if Driver is available and in the vicinity of the User. If Driver accepts a User’s request for Transportation/Logistics Services, the Whats Local Today Services will provide certain User information to Driver via the Driver App, including the User’s first name and pickup location. In order to enhance User satisfaction with the Whats Local Today mobile application and Driver’s Transportation Services, it is recommended that Driver waits at least ten (10) minutes for a User to show up at the requested pick-up location. Driver will obtain the destination from the User, either in person upon pickup or from the Driver App if the User elects to enter such destination via Whats Local Today’s mobile application. Driver acknowledges and agrees that once he or she has accepted a User’s request for Transportation Services, the Whats Local Today Services may provide certain information about Driver to the User, including Driver’s first name, contact information, Transportation Company entity name, photo and location, and Driver’s Vehicle make and license plate number. Driver shall not contact Users or use any User’s personal data for any reason other than for the purposes of fulfilling Transportation/Logistics Services. Driver agrees that his or her contact and/or insurance information may be released to a User upon such User’s reasonable request. Driver may not, unless specifically consented to by a User, transport or allow individuals other than a User and any individuals authorized by such User during the performance of Transportation Services for such User. Driver shall transport all Users directly to their specified destination or otherwise complete all logistics related tasks, as directed by the applicable User, without unauthorized interruption or unauthorized stops. 2.3. Driver’s Relationship With Whats Local Today: Whats Local Today does not, and shall not be deemed to, direct or control Driver generally or in Driver’s performance of Transportation/Logistics Services or maintenance of any Vehicle(s). Driver acknowledges that Whats Local Today does not control, or purport to control: (a) When or for how long Driver will utilize the Driver App or the Whats Local Today Services; or (b) Driver’s decision, via the Driver App, to attempt to accept or to decline or ignore a User’s request for Transportation/Logistics Services, or to cancel an accepted request for Transportation/Logistics Services, via the Driver App, subject to Whats Local Today’s then-current cancellation policies. Driver may be deactivated or otherwise restricted from accessing or using the Driver App or the Whats Local Today Services in the event of a violation of this Addendum or Transportation/Logistics Company’s violation of the Agreement, or Driver’s or Transportation/Logistics Company’s disparagement of Whats Local Today or any of its Affiliates, or Driver’s or Transportation/Logistics Company’s act or omission that causes harm to Whats Local Today’s or any of its Affiliates’ brand, reputation or business as determined by Whats Local Today in its sole discretion. Whats Local Today also retains the right to deactivate or otherwise restrict Driver from accessing or using the Driver App or the Whats Local Today Services for any other reason at the sole and reasonable discretion of Whats Local Today. Additionally, Driver acknowledges Whats Local Today’s rights in the WHATS LOCAL TODAY family of trademarks and names, including WHATS LOCAL TODAY, alone and in combination with other letters, punctuation, words, symbols and/or designs, the WHATS LOCAL TODAY Logo (“WHATS LOCAL TODAY Marks and Names”). Driver agrees that he or she will not try to register or otherwise claim ownership in any of the WHATS LOCAL TODAY Marks and Names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark or name. 2.4. Ratings. 2.4.1. Driver agrees that: (a) after receiving a request for Logistics/Transportation Services, a User will be prompted by Whats Local Today’s mobile application to provide a rating of such Transportation Services and Driver and, optionally, to provide comments or feedback about such Transportation Services and Driver; and (b) after providing Transportation Services, Driver will be prompted by the Driver App to provide a rating of the User and, optionally, to provide comments or feedback about the User. Driver shall provide ratings and feedback in good faith. 2.4.2. In order to continue to receive access to the Driver App and the Whats Local Today Services, Driver acknowledges that he or she must maintain an average rating by Users that exceeds the minimum average acceptable rating established by Whats Local Today for the Territory, as may be updated from time to time by Whats Local Today in its sole discretion (“Minimum Average Rating”). In the event Driver’s average rating falls below the Minimum Average Rating, Driver may be provided a limited period of time to raise his or her average rating above the Minimum Average Rating. Driver agrees that if Driver does not increase his or her average rating above the Minimum Average Rating within the time period allowed (if any), Whats Local Today may deactivate such Driver’s access to the Driver App and the Whats Local Today Services. Driver agrees that repeated failure to accept User requests for Transportation Services while Driver is logged in to the Driver App creates a negative experience for Users of Whats Local Today’s mobile application. Accordingly, Driver agrees that if they are logged in to the Driver App, they will strive to accept a substantial portion of User requests for Transportation/Logistics Services, and that if they do not wish to accept User requests for Transportation/Logistics Services for a period of time, they will log off of the Driver App. 2.4.3. Whats Local Today and its Affiliates reserve the right to use, share and display Driver and User ratings and comments in any manner in connection with the business of Whats Local Today and its Affiliates without attribution to or approval of Driver. Driver acknowledges that Whats Local Today and its Affiliates are distributors (without any obligation to verify) and not publishers of Driver and User ratings and comments, provided that Whats Local Today and its Affiliates reserve the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws or Whats Local Today’s or its Affiliates’ content policies. 2.5. Devices. If Driver receives any Whats Local Today Device(s), Driver acknowledges that such Device(s): (a) Are only to be used for the purposes of enabling Driver’s access to the Whats Local Today Services; and (b) May not be transferred, loaned, sold or otherwise provided in any manner to any other party. If Driver elects to use any Driver-Provided Device(s), Driver acknowledges that Whats Local Today is not responsible for the acquisition, cost or maintenance of any such Driver- Provided Device(s) or any necessary wireless data plan. Whats Local Today shall make available the Driver App for installation on such Driver-Provided Devices. Driver agrees to not provide, distribute or share, or enable the provision, distribution or sharing of, the Driver App (or any data associated therewith) with any third party. Driver will delete and fully remove the Driver App from the Driver-Provided Device in the event that Transportation Company and/or Driver ceases to provide Transportation Services using the Driver- Provided Device. Driver agrees that: (i) use of the Driver App on a Driver-Provided Device requires an active data plan with a wireless carrier associated with the Driver-Provided Device, which data plan will be provided by either Transportation Company or Driver at their own expense; and (ii) use of the Driver App on a Driver-Provided Device as an interface with the Whats Local Today Services may consume very large amounts of data through the data plan. Whats Local Today advises that Driver-provided Devices only be used under a data plan with unlimited or very high data usage limits, and Whats Local Today shall not be responsible or liable for any fees, costs or overage charges associated with any data plan. 2.6. 2.6. Location Based Services. Driver acknowledges and agrees that his or her geo-location information must be provided to the Whats Local Today Services via a Device in order to provide the Transportation Services. Driver acknowledges and agrees that: (a) His or her geo-location information will be monitored and tracked by the Whats Local Today Services when Driver is logged into the Driver App and available to receive requests for Logistics/Transportation Services, or when Driver is providing Logistics/Transportation Services; and (b) The approximate location of Driver’s Vehicle will be displayed to the User before and during the provision of Logistics/Transportation Services to such User. In addition, Whats Local Today may monitor, track and share Driver’s geo- location information obtained by the Driver App and Device for safety, security, technical, marketing and commercial purposes, including to provide and improve Whats Local Today’s products and services. 3. Driver Requirements Driver agrees that he or she shall will at all times: (a) hold and maintain (i) A valid driver's license with the appropriate level of certification to operate the Vehicle assigned to them, and (ii) All licenses, permits, approvals and authority necessary to provide passenger transportation services to third parties in the Territory; (b) Possess the appropriate and current level of training, expertise and experience to provide Transportation/Logistics Services in a professional manner with due skill, care and diligence; and (c) Maintain high standards of professionalism, service and courtesy. Driver agrees that he or she may be subject to certain background and driving record checks from time to time in order to qualify to provide, and remain eligible to provide, Transportation and/or Logisitics Services. Driver may be deactivated from or otherwise restricted from accessing or using the Driver App or the Whats Local Today Services if Driver fails to meet the requirements set forth in this Driver Addendum or if Transportation/Logistics Provider fails to meet the requirements set forth in the Agreement. 4. Modification. From time to time, Driver may be required to enter into updated versions of this Addendum in order to continue to have access to the Driver App and the Whats Local Today Services. 5. Privacy. Subject to all applicable laws, Whats Local Today may provide to a third party any information (including personal data and any Whats Local Today Data) about Driver provided under the Agreement
if: (a) There is a complaint, dispute or conflict, including an accident, between Driver and a User; (b) It is necessary to enforce the terms of the Agreement; (c) It is required, in Whats Local Today’s or any Affiliate’s sole discretion, by applicable law or regulation; (d) It is necessary, in Whats Local Today’s or any Affiliate’s sole discretion, to protect the safety, rights, property or security of Whats Local Today, the Whats Local Today Services or any third party; to detect, prevent or otherwise address fraud, security or technical issues; and/or to prevent or stop activity which Whats Local Today or any of its Affiliates, in their sole discretion, consider to be, or to pose a risk of being, illegal, unethical or legally actionable; or (e) It is required or necessary, in Whats Local Today’s or any Affiliate’s sole discretion, for insurance or other purposes related to Driver’s ability to qualify, or remain qualified, to use the Whats Local Today Services. Driver understands that Whats Local Today may retain Driver’s personal data for legal, regulatory, safety and other necessary purposes after this Agreement is terminated. Whats Local Today processes personal data (including that referenced in Section 2.6 above) in accordance with its privacy policy located at https://www.whatslocal.today/en/content/privacy-policy 6. Insurance. Driver represents and agrees that he or she holds or is otherwise covered by a valid policy of liability insurance (in industry-standard coverage amounts) with respect to Driver’s operation of the Vehicle(s) under this Addendum. 7. No Third-Party Beneficiary. The parties acknowledge that Whats Local Today is a third-party beneficiary to this Addendum. Whats Local Today will have the irrevocable right (and will be deemed to have accepted the right unless this is rejected promptly after receipt of a copy of the executed Addendum) to enforce the Addendum against Transportation/Logistics Company and Driver as a third-party beneficiary thereof. By clicking “I accept” on the Whats Local Today App or signing below (as such may be required by applicable law), Driver expressly acknowledges that he or she: (i) has read and understood this Addendum; (ii) has had the opportunity to consult with others (including an attorney) regarding this Addendum; (iii) agrees to be bound by the terms and conditions of this Addendum; and (iv) is legally competent to enter into this Addendum.

 
How do you work online with online stores?

We check the order availability, confirm with the vendor and notify them about the order,then the courier will be assigned to the delivery partner and will reach you within 20-25 minutes minutes after receiving the order.

 
Do you pack the goods?

No, the courier will deliver the goods in the same packaging they were collected in.

 
I have a very urgent order. Can I specify a 30 minute interval between two deliveries?

Yes, as long as this time is sufficient for the courier to get from one address to the other.

 
What do I do if I want to send several items to the recipient to choose from?

On the form, add your collection point separately as a return address.

 
Can I cancel or change my order?

If you change the order after the courier has set off, you will be charged ₹ 200. You can make changes through your online account or by phone, but these changes have to be agreed with the courier.

 
Will you definitely find a courier to deliver my order?

We can always find a courier, the only issue is time. For example, it can sometimes take up to an hour to find a courier if you book a courier on Friday, which is the busiest day of the week.

 
Why hasn't anyone been assigned to my order yet?

Our system works on the basis of responses. So far, no couriers have responded to your order. Depending on the day and the route, it can take from one minute to an hour to find a courier.

 
How do I know if the courier has delivered the parcel?

You will receive a text message or email. The recipient will also receive a text message notifying them that the courier is coming (unless the delivery is a surprise).

 
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