This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the “I ACCEPT” button, you are consenting to be bound by these Franchise T&C for using the Xfreshh Platform for the purpose of making tie-ups with restaurants and engaging delivery boys who will be receiving orders and delivering the food and beverages to the Users. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE FRANCHISE T&C BEFORE YOU USE THE SERVICE OF THE XFRESHH PLATFORM, AS YOU SHALL BE BOUND BY ALL THE FRANCHISE T&C CONTAINED HEREIN upon clicking on the “I ACCEPT” button. If you do not accept any of the Franchise T&C, please do not use the Xfreshh Platform or avail any of the services being provided therein. YOUR AGREEMENT TO THE FRANCHISE T&C SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND XFRESHH SERVICE IN RESPECT OF THE SERVICES OF THE XFRESHH PLATFORM.
Your engagement with Xfreshh Service to use the services of the Xfreshh Platform are subject to your acceptance of these Franchise T&C. Xfreshh Service reserves the right, at its sole discretion, to change, modify, add or remove these Franchise T&C, in part or in whole, at any time, without prior notice to you. It is your responsibility and duty to check the Franchise T&C periodically for changes. Your continued use of the Xfreshh Platform following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Franchise T&C, Xfreshh Service grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the service on the Xfreshh Platform.
XFRESHH SERVICE SHALL ENSURE: Providing ad support, i.e., leaflet, banner, digital marketing and marketing support on regular basis. Providing advertisement banners and posters to the franchise and it will be the franchise’s task to display the advertisement banners and posters in their locality.
That in consideration of the foregoing, Xfreshh Service hereby appoints you as its Franchise on the following terms & conditions:
- Franchise fees of INR 10,000 has to be paid to the Company on the day of registration of the Franchise.
- The aforementioned franchise fees is deemed non-refundable.
- The franchise is liable for a commission of 3% on the total sale value (excluding taxes) of each food items delivered by the Company in the acting locality of the Franchise. Payment to the Franchise will be made by the Company on weekly or monthly basis.
- It is the responsibility of the Franchise to partner with restaurants and cloud kitchens in its locality.
- A minimum of ten delivery boys have to be appointed by the Franchise.
- All the legal documents, original or photocopy as applicable, including but not limited to Aadhaar Card, Voter ID Card, Pan Card, Bank Account Details, Cheque, Driving Licence, Registration Certificate of Vehicle (RC) and 2 copies of stamp sized photographs of the delivery boys appointed by the Franchise has to be submitted by the Franchise to the Company.
- Tshirts (two pieces) and Delivery bag (one piece) and ID Card (one piece) will be provided by the Company which has to be purchased by the Franchise, who can opt to collect the payment of the aforementioned items from the delivery boys. The payment of the aforementioned items has to be made to the Company along with the Franchise fees or within 5 days of registration.
- All payments to the delivery boys will be made by the Company.
- All payments to be made online.
THE FRANCHISE SHALL ENSURE: That it shall not directly or indirectly engage itself in business which is same or similar. Any cash payment made by customer to the delivery boy has to be paid by the delivery boy to the Company on the same day through online transfers. If any delivery boy fails to make payment online on the same day, then it will be the responsibility of the Franchise to collect the cash from the delivery boy and make the payment online to the Company.
DURATION: The duration of this agreement shall be for a period of 1 (ONE) year. On the expiry of the agreement, it can be extended by mutual consent. This Agreement can be terminated by either party giving 30 days notice and by the Company unilaterally if the Franchise commits any Breach of contract/guilty of misconduct/the Franchise’s business is dissolved or wound up. The Franchise cannot engage in a similar business even after contract termination for a duration of 1 (ONE) year.
ASSSIGNMENT: This agreement or the benefit thereunder shall not be transferable or assignable by the Franchise.
JURISDICTION: The Agreement is executed at Kolkata and it is hereby agreed that Court situated in Kolkata City alone will have exclusive jurisdiction.