This Technology Platform Services Agreement (“Agreement”), is entered into as of 30th July 2020.(the “Execution Date”), between Spur Software Services Pvt. Ltd.., a corporation with its principal office located at 136, Jaora Compound Indore-452001, M.P. (“Spur”), and You.
Whereas, You is in the business of eatable, foods and beverages including on-demand food delivery services business. You acting as Service Provider (SP) will publish its products on the portal and will allow customers (consumers) to order any food from it. You will tie up with payment gateways to receive payments from customers as well You will tie up with 3rd party delivery fleet systems or setup their own delivery fleet for food delivery.
Whereas, Spur is a software solution and services provider. Spur shall provide a technology platform to cater the technology needs of You on-demand delivery services business. The platform helps to establish on-demand delivery services business. As more fully described below, Spur’s technology platform includes backend system to manage day-to-day operations for on-demand delivery service business, service provider registration and management system, creation of mobile compliant business website, mobile client application for customers and delivery person.
Whereas, You shall focus on the business of delivering eatable, foods & beverage, customers to their business, manage operations; and wish to utilize the related technology platform of Spur for its online food delivery portal.
Whereas, as detailed in this Agreement, You and Spur have agreed on the revenue share structure described herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, agree as follows:
Spur offers solution to take care of technology platform for On-Demand Delivery Services business where demand is generated online from web and mobile through technology platform provided by Spur and fulfilled offline. Below are the key components of technology platform:
Delivers real time “services requests” from your customer. Allows you to respond to service request and fulfill it. Allows to manage business accounts, flows, profile. Provides analytical data on day-to-day Business flows, status of service requests etc.
Help customers to quickly create service requests and track them. Allow customers to select food from available providers and pay online.
Mobile app used by deliver person to accept delivery request, pickup and deliver food order to the customers.
Integration with third party payment gateway – payUmoney.com
Integration with third party SMS gateway.
If You register on our website or platform for a free trial, We will make one or more Services available to You on a trial basis free of charge until the earlier of (a) the end of the free trial period for which you registered to use the applicable Service(s), or (b) the start date of any Purchased Service subscriptions ordered by You for such Service(s). Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.
ANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. YOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION); THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST.
NOT WITH STANDING SECTION 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.
Please review the User Guide during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase.
You as Business Owner (BO) will have to bear the following cost directly of various 3rd party service providers for services required by the solution from time to time, some of those are listed below (more services may be needed in future as your business scales up and new features are added to the platform).
You shall indemnify, defend and hold harmless Spur and its officers, directors, employees, shareholders, contractors and agents, and its and their respective officers, directors, employees, agents, representatives, and contractors (each, a 'Spur Party'), from and against any and all liability and costs (including, without limitation, attorneys' fees and costs) incurred by any Spur Party in connection with any actual or alleged claim arising out of, or relating to: (i) Your breach of this Agreement, any or any applicable law, rule or regulation; (ii) Your use of the Software Service; and (iii) Your gross negligence, fraudulent misrepresentation or willful misconduct. Counsel You select for the defense or settlement of a claim must be consented to by Spur prior to counsel being engaged to represent any Spur Party. You and Your counsel will cooperate as fully as reasonably required, and provide such information as reasonably requested, by Spur in the defense or settlement of any claim. Spur reserves the right, at its own expense, to assume the exclusive defense or settlement, and control of any matter otherwise subject to indemnification by You. You shall not in any event, consent to any judgment, settlement, attachment, or lien, or any other act adverse to the interests of any Spur Party without the prior written consent of each relevant Spur Party.
Our customers have the right to access, correct and delete personal data relating to them, and to object to the processing of such data, by addressing a written request, at any time. The Company makes every effort to put in place suitable precautions to safeguard the security and privacy of personal data, and to prevent it from being altered, corrupted, destroyed or accessed by unauthorized third parties. However, the Company does not control each and every risk related to the use of the Internet, and therefore warns the Site users of the potential risks involved in the functioning and use of the Internet. The Site may include links to other web sites or other internet sources. As the Company cannot control these web sites and external sources, the Company cannot be held responsible for the provision or display of these web sites and external sources, and may not be held liable for the content, advertising, products, services or any other material available on or from these web sites or external sources.
You can view or edit your personal data online for many of our services. You can also make choices about our collection and use of your data. How you can access or control your personal data will depend on which services you use. You can choose whether you wish to receive promotional communications from our store by email, SMS, physical mail, and telephone. If you receive promotional email or SMS messages from us and would like to opt out, you can do so by following the directions in that message. You can also make choices about the receipt of promotional email, telephone calls, and postal mail by visiting and signing into Company Promotional Communications Manager, which allows you to update contact information, manage contact preferences, opt out of email subscriptions, and choose whether to share your contact information with our partners. These choices do not apply to mandatory service communications that are part of certain store services.
Our store collects data to operate effectively and provide you the best experiences with our services. You provide some of this data directly, such as when you create a personal account. We get some of it by recording how you interact with our services by, for example, using technologies like cookies, and receiving error reports or usage data from software running on your device. We also obtain data from third parties (including other companies). For example, we supplement the data we collect by purchasing demographic data from other companies. We also use services from other companies to help us determine a location based on your IP address in order to customize certain services to your location. The data we collect depends on the services and features you use.
Our store uses the data we collect for three basic purposes: to operate our business and provide (including improving and personalizing) the services we offer, to send communications, including promotional communications, and to display advertising. In carrying out these purposes, we combine data we collect through the various store services you use to give you a more seamless, consistent and personalized experience. However, to enhance privacy, we have built in technological and procedural safeguards designed to prevent certain data combinations. For example, we store data we collect from you when you are unauthenticated (not signed in) separately from any account information that directly identifies you, such as your name, email address or phone number.
We share your personal data with your consent or as necessary to complete any transaction or provide any service you have requested or authorized. For example, we share your content with third parties when you tell us to do so. When you provide payment data to make a purchase, we will share payment data with banks and other entities that process payment transactions or provide other financial services, and for fraud prevention and credit risk reduction. In addition, we share personal data among our controlled affiliates and subsidiaries. We also share personal data with vendors or agents working on our behalf for the purposes described in this statement. For example, companies we've hired to provide customer service support or assist in protecting and securing our systems and services may need access to personal data in order to provide those functions. In such cases, these companies must abide by our data privacy and security requirements and are not allowed to use personal data they receive from us for any other purpose. We may also disclose personal data as part of a corporate transaction such as a merger or sale of assets.
These Refund and Cancellation policy are intended to make you aware of your legal rights and responsibilities with respect to your refunds and cancellation on our website and any related mobile or software applications.
Please read this policy carefully. By accessing or using the our Platform (web site and mobile application) you are agreeing to this policy concluding a legally binding contract with us and our affiliates.
By “You” here we mean you as a business and your end customers/users.