Terms and Conditions
of Go Mak app

1.1 A word or an expression, which denotes a natural person shall include an artificial person (and vice versa), any one gender shall include the other genders, the singular shall include the plural (and vice versa).

1.2 Heading and bold typeface in these GO MAK Platform T&C are for convenience only and shall be ignored for the purposes of interpretation.

1.3 The use of the word 'including' followed by a specific example(s) shall not be construed as limiting the meaning of the general wording preceding it.

1.4 The rule of construction shall not apply against the drafting party.

1.5 Reference to clauses shall mean within these T&C unless specified otherwise.

1.6 Applicable Law means law as amended or replaced.

These  GO MAK  App T&C together with the Agreement shall form the complete understanding between the Parties. By accepting these  GO MAK  App T&C, You acknowledge and agree to the  GO MAK  App T&C and  GO MAK  policies that  GO MAK  App makes applicable to You from time to time, to the fullest extent possible. Unless defined herein, the words, phrases and capitalized terms, which are contained or referred to in these GO MAK App T&C, shall be construed as having the meaning thereby attributed to them in the Agreement.

3.1 Subject to terms and conditions contained in these GO MAK App T&C and the Agreement, the GO MAK App agrees to make itself available on the GO MAK Platform to undertake Delivery Services and when a request for the same is placed by a businessman/trader through the GO MAK’s Platform and to provide Delivery Services to the Businessman/trader to the best of his abilities.

3.2 GO MAK App agrees and acknowledges that upon acceptance of an order by the Businessman/trader, Delivery Services undertaken by it shall constitute a contract for services between the GO MAK App and not rendering any service to the end consumer. Therefore, the Consumer Protection Act, 2019 or any successor legislations, have no application against GO MAK App or its owners as the GO MAK is not a party nor has any agreement with the end consumer/customer.

3.3 At the time of availing the Platform Services the manufacturer or the businessman as the case may be from whom the goods/services are delivered to the businessman/trader, GO MAK is entitled to charge the manufacturer or the businessman as the case may be agreed amount (i) an onboarding fee (“Onboarding Fee”) to GO MAK or such amount and in such manner as prescribed by GO MAK from time to time, or (ii) an interest free refundable security deposit (“Security Deposit”) to GO MAK, of such amount and in the manner prescribed by GO MAK from time to time. In addition, GO MAK shall charge additional fees from the manufacturer/trader any additional training and support services provided by GO MAK (“Training and Support Fees”). To enable the GO MAK App to render Delivery Services, GO MAK may provide the GO MAK App with certain assets including, but not limited to, the GO MAK Platform on the Businessman/trader’s smart phone, bags etc. Upon termination of these GO MAK App T&C and the Delivery Service Agreement, the Security Deposit, if any, shall be refunded to the GO MAK App by the GO MAK after the assets are returned to the GO MAK in usable condition. In the event the asset returned by the GO MAK App is not in usable condition, GO MAK shall deduct such amount as provided in Annexure a hereto. The Parties understand that the decision of GO MAK whether an asset is usable or not shall be final and binding on the Businessman/trader.

3.4 The GO MAK App shall, at the discretion of GO MAK, be required to either pay the Onboarding Fee or deposit the Security Deposit which is prescribed at the time of his taking orders.

3.5 In consideration of GO MAK making the GO MAK Platform available to You, GO MAK, at its discretion, may charge fee for providing the Platform Services (“Platform Charges”), which shall be notified to You by such means as GO MAK may deem fit. Your continuous use of the GO MAK Platform and the Platform Services after such notification shall be deemed to be acceptance of the Platform Charges by You. The Platform Charges may be revised by GO MAK, at its discretion, from time to time, without any notice.

3.6 The amount of Training and Support Fees, Onboarding Fee, Security Deposit and the Platform Charges shall be determined by GO MAK and may be revised from time to time at the sole discretion of GO MAK.

3.7 The GO MAK App shall create a log-in ID on the GO MAK’s Platform to be able to render Delivery Services. The GO MAK App acknowledges that the sign-in details, including the businessman/trader’s name and password are confidential and accordingly, shall not share them with any third party without written approval from GO MAK.

3.8 The GO MAK Apps shall have access to the GO MAK’s Platform at all times unless there is a technical glitch or if the GO MAK’s Platform is being updated. Once logged-in, the GO MAK App shall remain available and shall be able to connect with the Businessman/traders for the purpose of receiving orders placed by the Businessman/traders and undertaking Delivery Services in connection with the same.

3.9 The GO MAK App confirms and acknowledges that by logging-in on the GO MAK’s Platform, he agrees to be tracked by GO MAK via GPS enabled tracking technology and GO MAK may share this information with Businessman/traders on a real-time basis for the purpose of enabling the status of the Delivery Services being provided by the GO MAK App to the Businessman/trader. The GO MAK App further agrees that logging-in on the GO MAK Platform shall be deemed acceptance of the Businessman/traders intention to accept orders of Businessman/traders to render the Delivery Services mentioned herein.

3.10 All reasonable attempts shall be made by the GO MAK App to collect the order from the Businessman/trader and deliver the same to the consignee as soon as possible.

3.11 In consideration for the Delivery Services provided by the  GO MAK  App to the Businessman/trader of delivering Pharmacy/medical/drugs to the Businessman/trader the  GO MAK  App may charge the Businessman/traders a service fee (“Delivery Charges”), subject to such Delivery Charges being accepted by the Businessman/traders at the time of placement of the order. The Delivery Charges shall be agreed between the GO MAK App and  GO MAK  from time to time, in the manner provided under these  GO MAK  App T&C.

3.12 In order to incentivize the  GO MAK App  for the availability committed by him/her on the  GO MAK  Platform to undertake Delivery Services as and when he is connected to a Businessman/trader,  GO MAK  may, at its discretion, pay the  GO MAK  App a fee (“Availability Fee”), in addition to the Delivery Charges collected by the  GO MAK App  from the Businessman/trader.

3.13 Not with standing anything to the contrary under Clause 3(ix) above, the  GO MAK App  hereby absolutely, unconditionally and irrevocably authorizes  GO MAK  to determine the amounts chargeable by the  GO MAK  App as Delivery Charges, through such mean as  GO MAK  may determine, including real-time analysis of the demand for Delivery Services, the availability of businessman/traders on the  GO MAK ’s Platform to provide Delivery Services to the Businessman/traders, traffic and weather conditions, seasonal peaks and such other factors as  GO MAK  may deem fit and you agree that the Delivery Charges may be revised from time to time on the basis of one or more of these factors. GO MAK shall, from time to time and through such means as  GO MAK  may deem fit, and notify the Delivery Charges that may be charged against the Businessman/trader.

3.14 You shall not charge the Businessman/trader s any amount over and above the amount of Delivery Charges agreed between You and  GO MAK  under these  GO MAK App  T&C.

3.15 You shall not charge the Businessman/trader any amount over and above the amount of Delivery Charges agreed between You and GO MAK under these GO MAK App T&C.

3.16 You hereby authorize GO MAK to collect from the Businessman/traders, on your behalf, the Delivery Charges charged by You to the Businessman/traders for undertaking Delivery Services, which shall be remitted to you on a weekly basis through such mode and on such day(s) of a week as GO MAK may from time to time decide.

3.17 GO MAK may, at its discretion, pay the GO MAK App an additional amount or incentive (in addition to what GO MAK collects from the Businessman/traders) for the Delivery Services provided by the GO MAK App using the GO MAK’s Platform.

3.18 GO MAK may at any time: (a) set off and deduct any amounts due from payable by or proposed to be paid by GO MAK to the Businessman/trader, including the Delivery Charges collected by GO MAK from the Businessman/traders on behalf of the GO MAK App and the Availability Fee; and (b) apply such amounts towards any amounts due from or payable by the GO MAK App under or in connection with the Agreement and the GO MAK App T&C, including without limitation the Platform Charges. GO MAK shall have the right and the obligation to pay only such amounts due and payable by GO MAK to the Businessman/trader, if any amount so remains due and payable after such set off, deduction and application as set out under this Clause 3(xvii). Nothing in this Clause 3(xvii) shall prejudice any right or remedy available to GO MAK, whether under contract, law or equity to recover any amounts due from or payable by the GO MAK App under or in connection with the Agreement and the GO MAK App T&C, whether such amounts arise under contract, tort, statute or equity.

3.19 Notwithstanding anything contained in these GO MAK App T&C, there shall be no obligation on the GO MAK App to be available on GO MAK’s Platform for a minimum number of hours/days. The GO MAK App acknowledges that he has flexible timings and can choose to log-in the GO MAK’s Platform anytime he wants and for however long he wants, at his sole discretion. GO MAK shall also not supervise the actions and conduct of the Businessman/traders unless they are in gross violation of their duty to render Delivery Services under these GO MAK App T&C or the Agreement. All queries and questions raised by the Businessman/trader, including but not limited to how to collect an order from the outlet of a directions for the delivery address, manner to keep and store the while in transit shall be directed to a Lead Business Associate for the particular area from where the GO MAK App is operating to render the Delivery Services.

4.1 You authorize GO MAK to make Tax Deduction at Source (TDS) as per the Income Tax Act, 1961, where applicable, and other applicable taxes from the amount paid or remitted to You under the Agreement or these GO MAK App T&C, including the Delivery Charges collected by GO MAK on your behalf from the end Businessman/trader s, which includes the following:

4.2 In case any withholding tax has to be deducted from the Delivery Charges or any amount payable by GO MAK under the Agreement and these GO MAK App T&C, the Company shall deduct the same and provide the Business Associate with adequate proof of depositing the said withholding tax with the Indian tax authorities in accordance with the Income Tax Act, 1961. If GO MAK is required to withhold any payment under Applicable Law from any amount due or payable to the GO MAK App under or in connection with the Agreement and the GO MAK App T&C, GO MAK shall be entitled to deduct the same and deal with it in such manner as may be required under Applicable Law.

4.3 GO MAK shall raise a tax invoice containing such particulars as may be prescribed under the Goods and Service Tax Act, 2017 and the rules made there under, as amended from time to time for any amount charged to you by GO MAK including the Platform Charges, Training and Support Fees, etc. The GST shall be applicable on the same.

5.1 GO MAK App makes itself available to undertake Delivery Services as and when a request for the same is placed by Businessman/trader through the GO MAK Platform.

5.2 If required, the GO MAK App shall use his personal vehicle (“GO MAK App Vehicle”) for providing Delivery Services. No vehicle of any kind shall be provided by GO MAK under any circumstances.

5.3 The GO MAK App shall ensure that the GO MAK App Vehicle is well maintained and in good condition so that there are no delays in rendering Delivery Services.

5.4 All expenses incurred in maintaining, running and riding the GO MAK App Vehicle shall be borne exclusively by the GO MAK App unless otherwise agreed by GO MAK.

5.5 The GO MAK App shall hold and possess a valid driving license and a valid registration number for the GO MAK App Vehicle, if required under the Applicable Law for the vehicle used by the GO MAK App for providing Delivery Services, which are up to date and in subsistence throughout the Term of these GO MAK App T&C. Copies of the driving license as well as the registration certificate of the GO MAK App Vehicle, including any other GO MAK App Information, shall be handed to the GO MAK before commencing Delivery Services or at any other time deemed appropriate by GO MAK.

5.6 The GO MAK App shall have a valid and adequate insurance coverage to the GO MAK App Vehicle. GO MAK App shall ensure that the insurance is valid, up to date and in subsistence throughout the Term of these GO MAK App T&C. A copy of the insurance policy shall be given by the GO MAK App to the GO MAK. The GO MAK App further confirms that all premium payments towards the insurance policy shall be paid exclusively by the Businessman/trader. Under no circumstances shall GO MAK be liable to make any payment with respect to such insurance.

5.7 During the course of undertaking Delivery Services, the GO MAK App shall conduct himself with honesty, discipline and in accordance with the policies and instructions of the GO MAK, whether presently in force or adopted in the future, including but not limited to safety, driving rules, etc. The GO MAK App shall also comply with all Applicable Law including the provisions of the Motor Vehicles Act, 1988 and its corresponding rules.

5.8 GO MAK App shall not commit any fraud while providing Delivery Services or otherwise commit any act or omission, to gain any undue advantage. GO MAK App agrees and acknowledges that in case GO MAK believes that the GO MAK App has committed any of the foregoing while undertaking Delivery Services, GO MAK shall, in addition to its right to terminate the Agreement and these GO MAK App T&C, in its sole discretion reserve the right to (a) disable the GO MAK App from undertaking Delivery Services through the GO MAK’s Platform for such time as it deems fit and /or (b) deduct the undue gain made by the GO MAK App through the fraudulent orders from the payout including incentives thereof and/or the Security Deposit, if any. This right to withhold payout including incentives thereof may also be exercised by GO MAK in the event service parameter guidelines, as prescribed by the GO MAK from time to time, is not met.

5.9 At no time whatever shall the GO MAK App tamper, damage, open or do anything to the Pharma/medical/drugs/cosmetics orders of the Businessman/traders that he/she is not specifically permitted to do. In case GO MAK suffers any loss due to the GO MAK App tampering, damaging or opening the packaging of Pharma/medical/drugs/cosmetics orders of the Businessman/trader, GO MAK shall have the right to recover any loss, if any, from the payments required to be made by GO MAK to the GO MAK App under the Agreement or these GO MAK App T&C.

5.10 Where the GO MAK App is required, under instructions from GO MAK, to use its personal cash for the purpose of paying the - -- to pay the - -- for the value of the order for a cash on delivery order, then the GO MAK App shall collect the original receipt from the Businessman/trader by handing the original receipt. Without prejudice to the preceding sentence of this Clause 5(x), any amount collected by the GO MAK App from the Businessman/trader on behalf of, and due to GO MAK shall be deposited by the GO MAK App with GO MAK in such manner and at such frequencies as GO MAK may instruct from time to time.

5.11 Notwithstanding Clause 5(x), where the GO MAK App is required to collect the value of the order from the Businessman/trader but is not required to pay the value of the order to the then any amount collected by the GO MAK App from the Businessman/trader, on behalf of and due to GO MAK, shall be deposited by the GO MAK App with GO MAK in such manner and at such frequencies as GO MAK may instruct from time to time.

5.12 The GO MAK App shall maintain the welcome kit in good condition at all times and immediately return it to GO MAK, upon the termination of these GO MAK App T&C. In the event the assets is not returned in a condition acceptable to the GO MAK or not returned at all, GO MAK retains the right to set-off the value of the welcome kit against the Security Deposit (if any) and / or payments required to be made by GO MAK to the GO MAK App under the Agreement or these GO MAK App T&C.

5.13 The GO MAK App shall undertake the Delivery Services by himself and shall not delegate the same to any individual or third party.

5.14 The welcome kit shall be used in a prudent manner, so as not to destroy or damage any of its contents. Upon receiving any order to render Delivery Services after logging-in the GO MAK S Platform, the GO MAK App shall act and perform his role in an ethical manner and to the best of his abilities by ensuring a timely pick-up and delivery. In case of any delays due to traffic, the GO MAK App shall inform the - -- and the Businessman/trader and follow instructions as given by them.

5.15 The GO MAK App acknowledges that the goodwill and reputation of GO MAK is at stake with how effectively and efficiently the GO MAK App renders Delivery Services pursuant to these GO MAK App T&C. Accordingly, the GO MAK App shall not do any act that adversely affects GO MAK and undertakes to be in compliance with Applicable Law at all times and protect the brand image, business reputation or any other asset/property of GO MAK.

5.16 While logged-in the GO MAK‘s Platform, the GO MAK App shall not engage in any illegal activity or perform any actions that are contrary to Applicable Law.

5.17 All Confidential Information procured shall at all times be kept confidential and used only for the limited permitted purposes of rendering Delivery Services.

5.18 The GO MAK App is not entitled to claim reimbursement of hospitalization/ hospital bills that may be incurred by the GO MAK App while rendering Delivery Services or incurred by his family members for any unfortunate accidents or severe illness, during the subsistence of Agreement and these GO MAK App T&C.

6.1 GO MAK shall endeavor to take reasonable and financially prudent measures to ensure sufficient flow of orders from Businessman/traders to the Manufacturer/Businessman.

6.2 All GO MAK App Information procured shall be kept confidential and used only as per these GO MAK App T&C and the Agreement.

6.3 GO MAK shall make all reasonable efforts to ensure that the GO MAK Platform is running at all times. However, it shall not be liable for any technical glitches or updates due to which a GO MAK App is unable to log-in the GO MAK Platform or receive orders.

7.1 GO MAK may collect GO MAK App Information at the time of execution of these GO MAK App T&C or at any time thereafter, to establish the identity of the Businessman/trader. GO MAK reserves the right to store, process, access and use the GO MAK App Information for business purposes and needs, background check, verification, marketing, service, development, analytics, research, and any other purpose as GO MAK may deem fit and in accordance with Applicable Law. The GO MAK App hereby expressly consents to such collection and use of GO MAK App Information.

7.2 Subject to Applicable Law, GO MAK may provide to a third party, governmental agency, judicial body, any GO MAK App Information or information relating to GO MAK App Services, if there is a complaint, dispute or conflict, including any accident involving a GO MAK App on one hand and end-consumer, or a third party on the other hand;

8.1 The Parties hereby agree that all Intellectual Property Rights shall be in absolute ownership, possession and control of GO MAK and the GO MAK App is only permitted to use such Intellectual Property Rights in connection with Delivery Services rendered under these GO MAK App T&C as are specifically permitted by the GO MAK. The Parties hereby clarify that no license or rights is granted in the Intellectual Property Rights to the GO MAK App under these GO MAK App T&C, by implication or otherwise.

8.2 Notwithstanding anything contained in these GO MAK App T&C, in the event the GO MAK App uses the Intellectual Property Rights in such manner so as to license, sub-license, create derivative Intellectual Property Rights, use it otherwise not being in connection with Delivery Services rendered under these GO MAK App T&C, the same shall constitute a breach of these GO MAK App T&C and GO MAK Appreserves its rights to resort to legal proceedings against the GO for recovering damages and losses suffered or likely to be suffered.

9.1 9.1 The GO MAK App represents and warrants as follows:

9.2 The GO MAK App is capable of entering in the present Agreement, pursuant to the Indian Contract Act, 1872 and is not below the age of 18 years as on the Effective Date.

9.3 All GO MAK App Information provided shall be true and correct and no information that could impact the Businessman/trader’s performance to render Delivery Services pursuant to these GO MAK App T&C and shall not be hidden from the GO MAK anytime during the subsistence of these GO MAK App T&C.

9.4 The GO MAK App has not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude. Further, the GO MAK App is not a party to any pending litigation, which shall materially affect Your obligations under these GO MAK App T&C.

9.5 9.2 GO MAK hereby represents and warrants as follows:

9.6 It is fully capable of executing these GO MAK App T&C and Delivery Service Agreement and has the necessary authority.

9.7 It shall not exercise operational supervision on the activities of the GO MAK App as they are free to determine how to render Delivery Services so long as the GO MAK’s reputation and goodwill is not damaged.

Failure to log-in to the GO MAK’s Platform for a continuous period of 15 days will lead to the account of the GO MAK App being made in-active. To re-activate the account, the GO MAK App can through the support section of GO MAK Platform application request for such reactivation of their account. The re-activation shall be subject to the requirement of Businessman/traders in the area of operation of the Businessman/trader. The Businessman/trader through the GO MAK’s Platform, can create a request to be intimated when such requirement arises

The GO MAK App agrees and consents to comply with all Applicable Law at all times while providing the Delivery Services and while accessing the GO MAK’s Platform.

GO MAK reserves the right to change, modify, reinstate, amend or delete any terms and conditions contained in these GO MAK App T&C, without prior notice, at any time and in its sole discretion, by posting a change notice or a new agreement on the GO MAK’s Platform. The GO MAK App shall be responsible for keeping himself apprised and informed of the revised terms and conditions at all times.

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

15.1 You agree and undertake to indemnify and to hold harmless the GO MAK its affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives or any third party from and against any losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys’ fees) incurred by reason of (i) any breach or alleged breach by You of your obligations, performance or observance of your role, functions, responsibilities, representations, or warranties under the GO MAK App T&C and the Agreement (ii) any violation of GO MAK’s policies (iii) any act or omission that causes or may cause harm to the reputation and goodwill of GO MAK (iv) any claim of violation of intellectual property of GO MAK or any third party by your usage of Intellectual Property Rights in a manner not permitted under the Agreement and these GO MAK App T&C (v) your misconduct or unauthorized access or use of the Businessman/trader data on the GO MAK’s Platform or by the transferring of such data to any third party or unauthorized disclosure or use of Confidential Information of GO MAK (vii) any act of theft, fraud, negligence and misconduct by you (viii) any damage to the GO MAK property or any asset; and (ix) any misbehavior towards the GO MAK and its employees or tampering with the Pharma/medical/drugs/cosmetics packaging while performing the Delivery Services.

15.2 Disclaimer on Medicine Expiry and ReplacementGoMak acts as an intermediary platform connecting retailers with wholesalers for the procurement of medicines. We do not manufacture, store, or handle the medicines. GoMak is not responsible for the expiry dates of medicines or for replacing expired products. It is the responsibility of the wholesalers and retailers to ensure compliance with all applicable laws and regulations regarding medicine storage, handling, and expiry. Users are advised to check the expiry dates and product conditions before accepting deliveries.

15.3 You shall be liable to indemnify and hold GO MAK harmless against all damages, losses, costs and expenses incurred by GO MAK as a consequence of any complaint from any Businessman/trader and/or received by GO MAK with respect to any error or deficiency in the Delivery Services.

15.4 In addition to the indemnification rights of GO MAK under these GO MAK App T&C, GO MAK shall also be entitled to such other remedies available under Applicable Law for breach of contract where time is of essence.

15.5 In no event will GO MAK be liable for any losses arising from or in connection with these GO MAK App T&C and the Agreement, pursuant to any claim by the GO MAK App against GO MAK under contract, tort or otherwise, if such losses could have been avoided by the GO MAK App using reasonable efforts to mitigate them. Further, the GO MAK shall also not be liable to the GO MAK App in contract, tort or otherwise for indirect, special, incidental, exemplary, punitive, or consequential damages of any kind whatsoever even if advised of the possibility of such damages. Notwithstanding anything contrary contained elsewhere in the Agreement, the total cumulative liability of the GO MAK to the GO MAK App or to any person claiming under contract, tort, or otherwise, shall not exceed an amount of INR 10,000/- (Rupees Ten Thousand only).

15.6 GO MAK shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the GO MAK App arising out of the use of the Platform Services offered by the GO MAK to the GO MAK App directly or indirectly, for any reason whatsoever, including but not limited to damage or loss caused to the GO MAK App as a result of a /Businessman/trader’s non-compliance, which includes, but is not limited to, any incorrectly placed voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of GO MAK or any person or any organization involved in the above mentioned systems. Without prejudice to the above, GO MAK shall not be liable for any direct or indirect loss or damage, which may be suffered by the GO MAK App as a result of any failure by a Businessman/trader to show up within any stipulated time even if GO MAK has agreed to such timing or even if the Businessman/trader has advised GO MAK of the possibility that he / she may not show up within the stipulated time.

15.7 The shipper, receiver, and their affiliates, as well as any government agencies, including but not limited to the Health Ministry, Police Department, Drug Inspectorate, and any other regulatory bodies, wholesalers, retailers, delivery agents, and the general public, hereby waive and release GO MAK, its affiliates, and its agents from any and all claims, demands, or causes of action, whether known or unknown, that may arise from or relate to the services provided by GO MAK.

15.8 The person who actually delivers the goods/products in any case causes delay, damage to the goods/products GO MAK is not responsible or liable and the actual manufacturer or the supplier will alone be responsible or liable and the customer/consumer who opted the GO MAK App is deemed to have the knowledge and therefore, shall not in any way involve GO MAK in any manner what so ever.

Whoever, interacting or involved with The GO MAK App is deemed to have knowledge of its terms and conditions and since this GO MAK App is only intermediary, GO MAK shall not be responsible or liable for any and all accidents/incidents/mishaps/acts of God etc. involving the damage to the goods, and the supplier and the end recipient alone are responsible and they may agitate their rights between/among them and the GO MAK App or owners/personnel of GO MAK shall not be held responsible or liable for any such accidents/ incidents involving the Manufacturer/ Businessman and Businessman/trader entity etc. Further quality and quantity to be supplied will be known only to the parties making use of the GO MAK App , therefore, absolutely the GO MAK App is neither responsible or liable for any defect in the quality and quantity of the package. The recipient shall take all reasonable care and caution before actual delivery of the product.

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

18.1 These GO MAK App T&C and the Agreement shall be governed by laws of India.

18.2 The courts of Vijayawada, Andhra Pradesh shall have exclusive jurisdiction over all disputes arising from these GO MAK App T&C and the Agreement.

18.3 Since GO MAK App is only an intermediary and a digital platform, does not bear any responsibility or liability and either manufacturer/supplier or consumer/customer will have any right to sue against the GO MAK App or its owners in any manner whatsoever. Whoever is using the GO MAK App are deemed to have the knowledge that the GO MAK is neither responsible nor liable for any defect or deficiency of services or goods.

18.4 The parties whoever use the GO MAK App shall not make the owners of GO MAK as party or formal party in any legal proceedings as its involvement is nominal and its role is only intermediary. Original Parties to the contract of purchase and sale of the products/goods alone are responsible and liable against each other as the case may be.

18.5 No defect or deficiency of any kind is attributable against on GO MAK, however, in case of any dispute, the party aggrieved, before initiating legal proceedings must give a prior notice of 15 days for amicable settlement. Even then, the GO MAK only try to resolve the dispute without undertaking any responsibility or liability.

18.6 Strict liability is always with the manufacturer/vendor/supplier and no damage of the goods/ product is attributable to the GO MAK however, strict liability is always with the manufacturer/vendor/supplier for any defect in goods and quality thereof.

Notwithstanding anything contrary contained in these GO MAK App T&C or the Agreement, GO MAK shall reserve a right to charge You a penalty in the event You indulge in fraudulent activities while providing Delivery Services. The penalty may be deducted from the payments made to You by GO MAK or can claim damages/costs directly and independently.

20.1 Force Majeure: Neither Party shall have any liability under or be deemed to be in breach of these GO MAK App T&C or the Agreement for any delays or failures in performance of these GO MAK App T&C and the Agreement which results from circumstances beyond the reasonable control of that Party such as acts of god, fire, earthquake, tempest, flood, lighting, violence of any army or mob or enemies of the country.

20.2 Assignment: No rights or liabilities under these GO MAK App T&C and the Agreement can be assigned by any of the Parties hereto without the prior written consent of the other Party.

20.3 Entire Agreement: These GO MAK App T&C shall be read along with the Agreement supersedes all prior discussions and agreements (whether oral or written) if any, between the Parties with respect to the subject matter of these GO MAK App T&C and the Agreement.

20.4 Term: These GO MAK App T&C and the Agreement shall, unless specifically terminated in accordance with the provisions contained herein, be valid and effective from the date of the execution of the Agreement till such time that the GO MAK App continues to remain enlisted with the GO MAK’s Platform.

20.5 Waiver: No waiver of any part of these GO MAK App T&C and the Agreement or consent to any departure from it by any Party shall be effective unless it is in writing. A waiver or consent shall be effective only for the purpose for which it is given. No default or delay on the part of any Party in exercising any rights, powers or privileges operates as a waiver of any right, nor does a single or partial exercise of a right exclude others.

20.6 Severance: Any provision of these GO MAK App T&C and the Agreement which is invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without affecting in any way the validity, legality and enforceability of the remaining provisions hereof.

20.7 GO MAK retains the right to share the information provided by you with any financial lending institution(s) if you agree to the same, if it is proved within reason that you have availed a loan from them. You forego the right to claim any damages from GO MAK in the event any such financial facility has been availed by you. You also agree that GO MAK will not be liable for any damages arising as a result of such disclosure of your information. GO MAK retains the right to withhold pending payouts and terminate you on an immediate basis in such cases.

20.8 GO MAK App hereby acknowledges and agrees to the use of his/her photographs by GO MAK for certain purposes, which may include usage of the Businessman/trader's photographs in GO MAK's internal communications and presentations, training materials, marketing and advertisement activities on various platforms, including without limitation, online advertisement, social media and offline advertisement. GO MAK App hereby consents to sharing of his/her photographs by GO MAK with third parties for the aforesaid purposes.

20.9 The information shared by GO MAK to this Agreement shall be used in accordance with the Privacy Policy.

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

24.1 Go Mak strives to provide fast, reliable, and secure delivery of medicines and pharmaceutical products from wholesalers to retailers. This shipping and delivery policy outlines our procedures, timelines, and terms and conditions for delivery.

24.2 1. Shipping Areas

24.3 2. Go Mak ship to all areas within India, subject to our courier partners' coverage.

24.4 3. Shipping Methods

24.5 4. Go Mak uses reputable courier services to ensure fast and secure delivery.

24.6 5. Delivery Timelines

24.7 6. Go Mak’s standard delivery timelines are:

24.8 7. - Within city limits: 12-48 hours

24.9 8. - Inter-city: 2-3 business days.

24.10 9. - Remote areas: 6-8 business days.

24.11 10. Please note that delivery timelines may vary due to unforeseen circumstances, such as weather conditions, traffic congestion, or logistical issues.

24.12 11. Tracking and Updates

24.13 12. Go Mac provides tracking updates via email/ SMS/WhatsApp msg to keep the customer informed about the status of the customer shipment.

24.14 13. Delivery Attempts

24.15 14. Our courier partners will make up to three delivery attempts. If the package is not delivered after three attempts, it will be returned to Go Mak with minimum cancelation fee.

24.16 15. Signature upon Delivery

24.17 16. All deliveries require an otp upon delivery. If no one is available to provide with otp, the package will be returned to Go Mak and customer will be charged with minimum price.

24.18 17. Damaged or Missing Shipments

24.19 18. If customer shipment is damaged or missing, the customer needs to contact Go Mac within 24 hours. Go Mak will investigate and take necessary actions to resolve the issue.

24.20 19. Cancellation and Refund

24.21 20. Please see Go Mak’s cancellation and refund policy for details on cancelling or returning shipments. (Go Mak’s cancellation and refund policy needs to be enclosed separately)

24.22 Force Majeure: Go Mak is not responsible for delays or failures in delivery due to the circumstances beyond its control, such as natural disasters, strikes, or government restrictions.

24.23 Governing Law: This shipping and delivery policy shall be governed by and construed in accordance with the laws of India.

24.24 By using Go Mak services, the customer is deemed to have acknowledge about Go Mak Shipping and Delivery Policy and further the customer is deemed to have read, understood, and agree to this shipping and delivery policy.

24.25 Go Mak is not responsible for delays or failures in delivery due to circumstances beyond its control, such as natural disasters, strikes, riots, or government restrictions/prohibitions.

The above document is revised basing on the instructions and GO MAK is at liberty to modify/amend the clauses in any manner it deems fit and proper. GO MAK is advised to go through the contents carefully and suggest if any important clauses need to be incorporated.