Terms & Conditions

Terms & Conditions

User Terms

These terms of use (“Terms of Use”) mandate the terms on which users or visitors (the “Users”) accessing the platform www.gushdigital.online and any corresponding websites or mobile applications (the “Platform”), owned and operated by Gush Digital Private Limited.

The Platform may be used by Users to avail Gush Services (defined below), through either merchants registered with the Platform (“Tied-up Merchants”) , or merchants not registered with the platform(“Non-tied up merchants”; both tied up merchants and non-tied up merchants shall hereinafter collectively be referred to as “Merchants”, wherever the context so requires or permits) and delivery partners (“Delivery Partners”).

Users are requested to carefully read the Terms of Use 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, or through the continued use of the Platform, Users accept these Terms of Use and agree to be legally bound by the same.

Use of and access to the Platform is offered to Users upon the condition of acceptance of all the terms, conditions and notices contained in these Terms of Use and Privacy Policy, along with any amendments made by Gush at its sole discretion and posted on the Platform from time to time and subject to the above, Gush grants Users a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform and the Gush Services.

1. Eligibility:

a. The Platform, and by extension, the Gush Services, are not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by Gush from accessing the Platform for any reason whatsoever. Users represent that they are of legal age to form a binding contract and are not a person barred from receiving, using, availing or accessing the Platform, and by extension, the Gush Services under applicable law.

b. Gush 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 any reasons for doing so.

c. Users shall not have more than 1 (one) active Account (as defined below) on the Platform. Additionally, Users are prohibited from selling, trading, or otherwise transferring their Account to another party or impersonating any other person for the purpose of creating an Account with the Platform.

2. Registration:

a) Subject to the acceptance of all the terms, conditions and notices contained in these Terms of Use and Privacy Policy, along with any amendments made by Gush at its sole discretion and posted on the Platform from time to time and subject to the Users’ registration on the Platform through the creation of an Account (as defined below), Users are granted a personal, non-exclusive, non-transferrable, and limited right to access the Platform, avail the Gush Services and connect with Merchants and Delivery Partners on the Platform. A User’s ability to continue using the Platform and Gush Services is subject to their continued maintenance of an Account on the Platform.

b) In order to use the Platform and avail the Gush Services, Users will have to register on the Platform and create an account with a unique user identity and password (“Account”). Users will be required to enter their personal information including their name, contact details, email address and valid phone number while registering an Account. As part of the registration, Users may be required to undertake a verification process to verify the information provided.

c) Users agree and accept that the information provided by the User for the creation of their Account is complete, true, accurate and up-to-date. In the event of any change to such information, Users are required to immediately update their Account information. Users acknowledge and accept that Gush has not independently verified the information and Gush shall in no way be responsible or liable for the accuracy or completeness of any information provided by Users. If Users provide any information that is untrue, inaccurate, not current or incomplete, or Gush has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Gush reserves the right to suspend or terminate the respective User Account and refuse any and all current or future use of the Platform (or any portion thereof) through such User Account, at any time.

d) Users are responsible for maintaining the confidentiality of the Account information, and are fully responsible for all activities that occur through their Account. Users agree to (i) immediately notify Gush of any unauthorized use of their Account, related information or any other breach of security, and (ii) ensure that they exit from their Account at the end of each session. Gush cannot and will not be liable for any loss or damage arising from User failure to comply with this provision. Users may be held liable for losses incurred by Gush or any other User of or visitor to the Platform due to authorized or unauthorized use of their Account as a result of User failure in keeping their Account information secure and confidential. Use of another User’s Account information is expressly prohibited.

e) Gush shall use User location-based information that is captured by Gush through the global positioning system when they use their mobile device or computer to request a Gush Service on the Platform. Such location based information shall be used by Gush only to facilitate and improve the Gush Services being offered to Users.

f) In the case where the Platform is unable to establish a unique identity of the User against a valid mobile number or e-mail address, the Account shall be indefinitely suspended. Gush reserves the full discretion to suspend a User’s Account in the above event and does not have the obligation/liability to share any Account information whatsoever.

3. Gush Services:

a) The Platform provides Users with the following services (collectively, the “Gush Services”):

i. It facilitates Users to connect with Merchants and Delivery Partners to view and purchase products listed on the Platform by Tied Up Merchants (the “Items”) and thereafter allows Users to have the purchased Items delivered through Delivery Partners (“Purchase Services”);

ii. It facilitates Users to purchase products from Non-tied up Merchants and get the same delivered through the delivery partners(“Delivery Services”);

iii. It facilitates Users to have packages picked up- and dropped off from 1 (one) location to the other through Delivery Partners (“PND Services”);

b) Gush may, at its absolute sole discretion, add, modify, upgrade, extend or withdraw any of the Gush Services listed above from time to time, and at its sole discretion. Gush does not provide any guarantee that the Gush Services will be made available to Users at all times.

c. Users hereby agree and acknowledge that Gush is only a marketplace, and as such, only acts as a facilitator between Users, Merchants and/or Delivery Partners (as the case maybe) in order to initiate transactions with said merchants and/or Delivery Partners. Users hereby agree and acknowledge that Gush is not a party to any of the transactions that are initiated between Users, Merchants and/or Delivery Partners through the Platform and Gush shall not be liable in any manner or incur any liability with respect to the Items/services/products offered and/or performed by the Merchants or the Delivery Partners, as the case may be. Further, Users hereby agree and acknowledge that Gush shall not be liable for the conduct, acts and/or omissions of the Merchants (including their employees and consultants) and Delivery Partners in the course of providing their Items/services/products to Users, or for any loss or damage to Users as a consequence of or in relation to the Items/services/products being provided by the Merchants and/or the Delivery Partners, as the case may be.

d. Users hereby acknowledge that Gush shall not be liable for any damages of any kind arising from their use of the Gush Services, including, but not limited to direct, indirect, incidental, punitive, special, exemplary or consequential damages.

e. When required by Gush or under applicable law, Users agree to provide as much information as possible on the Platform with respect to the Items or Gush Services sought to be purchased or avail on the Platform. Gush shall be entitled at any time without giving any reason, to terminate User requests for any Gush Service, provided however that Gush shall make best efforts where prudent to inform Users regarding such cancellations and the reasons for the same.

f. Users hereby agree that Gush shall not be liable for any conduct or misbehavior or actions of Delivery Partner with respect to any transactions initiated on the Platform. Further, Users agree that Gush has no control over the Items provided by the Merchants and therefore, Gush shall not incur any liability with respect to such Items.

g. The Products/services displayed on the Platform are dependent on the availability of Merchants and Delivery Partners at the time of the transaction.

h. Gush will not perform any Gush Services that may result in any act that is immoral/unethical/unlawful/banned either under applicable law, Gush’s Policies (defined below) or at the sole discretion of Gush. Gush may also refuse to perform any task on the grounds that such task is prohibited under any contract to which Gush is a party.

i. Users understand and acknowledge that Gush by itself does not sell or provide any Items. Gush is not responsible for the quality, merchantability or fitness of the Items. Accordingly, in the event of any grievances arising from the transaction initiated by Users on the Platform pertaining to purchase or sale of any product from any Merchant, Users may contact Gush support for routing your grievances to the Merchant through the Platform.

j. Users shall intimate any complaints with respect to any Gush Services within 24 (twenty four) hours of using such Gush Services.

k. Gush Services cannot be initiated for item(s) which are illegal, hazardous, dangerous, or otherwise restricted or constitute items which are prohibited by any statute or law or regulation. 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 (except as specifically provided) or any intoxicant or narcotics and psychotropic substances.

Delivery Services Policy

Notwithstanding the generality of the Terms of Use, these terms and conditions specifically apply to the Delivery Services are to be read in consonance with the Terms of Use.

1. Delivery Services:

a. The PND Services allow for Users to connect with Delivery Partners and Non-tied up Merchants, to fulfil tasks raised by such Users, including, tasks to purchase, pick up and drop items (the “User Items”) from Non-tied up Merchant locations (“Pick-Up Location”) and to drop to another location (“Drop Location”), each a “Delivery Task”. It is expressly clarified that Gush merely acts as a technology platform to facilitate Delivery Tasks initiated on the Platform and Gush does not assume any responsibility or liability for any form of deficiency of services on part of the Non-tied up Merchants or the Delivery Partner.

b. Upon initiation of a request for a Delivery Task, depending upon the availability and acceptance of the Delivery Partner, a Delivery Partner is assigned to such task. The Delivery Partner shall send photos of the User Items on the Platform (“User Item Picture/(s)”) along with the corresponding value on the Platform for User Confirmation. Users are instructed to cautiously review and confirm the Users Item Pictures prior to initiating payment. User Confirmation of the User Item Pictures shall be relied upon by the Gush in case any dispute is raised between a User and the Delivery Partner. In case, the User Item Picture/(s) is different from the User Item listed on the Platform, Users should immediately reach out to the assigned Delivery Partner and request them to share the correct User Item Picture/(s). User confirmation to a User Item Picture shall be construed as a deemed acceptance for the modified/different User Item.

2. In using the Delivery Services, the Users understand, agree, acknowledge and accept that:

a. The Delivery Partners’ engagement with Gush is on a principal to principal, non-exclusive and voluntary basis. No control is exercised by Gush on the Delivery Partners and there is no employer-employee relationship between Gush and the Delivery Partners.

b. Acceptance of a Delivery Task by a Delivery Partner shall constitute an independent contractual arrangement for services between Users and the Delivery Partner.

c. Gush is not responsible for any non-performance or breach of any Delivery Task by the Delivery Partners. Gush does not guarantee the performance of any Delivery Task by the Users or the Delivery Partners respectively, of any Delivery Task initiated on the Platform.

d. Gush is not a retail store, restaurant, food delivery service, merchandise delivery service, a courier or shipping service or food preparation entity. Gush operates an online marketplace and does not at any point of time during any transaction hold any right, title or interest over the items being transported pursuant to any Delivery Task.

e. The Pick-Up Location and the Drop Location have been voluntarily added by the User on the Platform, and the User’s location data is collected in accordance with the Terms of Use and Privacy Policy.

f. Users are aware of the items to be transported through a Delivery Task, and that Delivery Tasks cannot be initiated, for item(s) which are illegal, hazardous, dangerous, or otherwise restricted or constitute items which are prohibited by any statute or law or regulation. 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, jewelry, 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.

g. Delivery Tasks cannot be raised for dispatch of item(s) which require a special transportation permit or require any special license under applicable law.

h. Upon becoming aware of the commission any offence or intention to commit any offence during a Delivery Task, Delivery Partners may report such information to the law enforcement authorities.

i. The Delivery Partner shall upon reaching the Non-tied up Merchant outlet shall intimate Users about the User Item price and Users shall be required to confirm the purchase of the User Items. Users shall make the payment for the same to complete the transaction.

Pick Up and Drop Off Terms

Notwithstanding the generality of the Terms of Use, these terms and conditions specifically, apply to the PND Services are to be read in consonance with the Terms of Use.

1. PND Services:

a. The PND Services allow for Users to connect with Delivery Partners, to fulfil tasks raised by such Users, including, tasks to pick up and drop items (the “User Items”) from one location (“Pick-Up Location”) and to drop to another location (“Drop Location”), each a “PND Task”. It is expressly clarified that Gush merely acts as a technology platform to facilitate PND Tasks initiated on the Platform and Gush does not assume any responsibility or liability for any form of deficiency of services on part of the Delivery Partner.

b. Upon initiation of a request for a PND Task, depending upon the availability and acceptance of the Delivery Partner, a Delivery Partner will be assigned to such task. The Delivery Partner shall pick up the User Items from the Pick-Up Location and drop off the User Items at the Drop Location.

2. In using the PND Services, the Users understand, agree, acknowledge and accept that:

b. Acceptance of a PND Task by a Delivery Partner shall constitute an independent contractual arrangement for services between Users and the Delivery Partner.

c. Gush is not responsible for any non-performance or breach of any PND Task by the Delivery Partners. Gush does not guarantee the performance of any PND Task by the Users or the Delivery Partners respectively, of any PND Task initiated on the Platform.

f. They are aware of the items to be transported through a PND Task, and that PND Tasks cannot be initiated, for item(s) which are illegal, hazardous, dangerous, or otherwise restricted or constitute items which are prohibited by any statute or law or regulation. 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, jewelry, 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.

g. PND Tasks cannot be raised for dispatch of item(s) which require a special transportation permit or require any special license under applicable law.

h. Upon becoming aware of the commission any offence or intention to commit any offence during a PND Task, Delivery Partners may report such information to the law enforcement authorities.

4. Payment Terms

a. Users shall pay such amount indicated on the Platform with respect to the Gush Services availed. Users may be charged a separate service fee (“Service Fees”). The Service Fees shall be paid prior to availing any of the respective Gush Services.

b. Users agree that Gush may use certain third-party vendors and service providers, including payment gateways, to process the payments made by Users on the Platform.

c. Where enabled by the respective Merchant, Users may pay for the respective Gush Services through ‘Cash on Delivery’. Users understand and acknowledge that Delivery Partners may not have exact change during the time of payment, and as such, it shall be the Users responsibility to ensure that they provide the exact amount for the Gush Services as indicated on the Platform.

5. User Generated Content

a. Users 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/or 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) (the “User Content”); and (ii) the Delivery Partner and the Tied-Up Merchants may also be prompted to rate the User on the Platform. Based upon such Delivery Partner and Merchant ratings, User rating scores on the Platform will be determined and displayed.

b. Gush and its affiliates reserve the right to use, share and display User Content in any manner in connection with the business of Gush and its affiliates, including on the Platform, without attribution to or approval of Users and Users hereby consent to the same. Gush and its affiliates reserve the right to edit or remove User Content in the event that such User Content include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws or Gush’s Policies or its affiliates’ content policies.

6. Cancellation and Refund

a. Gush shall confirm and initiate the execution of the transaction initiated by Users upon receiving confirmation from Users for the same. If Users wish to cancel a transaction on the Platform, they shall select the cancel option on the Platform. It is to be noted that Users 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 such Users which will be in accordance with the cancellation and refund policies of such Merchants.

b. Gush may cancel transactions initiated by Users on the Platform, on the instructions of the Merchants/Delivery Partners, if:

The designated address provided by Users is outside the service zone of the Merchant/Delivery Partner.

There is no User response via phone or any other communication channel at the time of confirmation of the order booking.

The transaction involves supply/delivery/purchase of any material good that is illegal, offensive or violative of the Terms of Use.

The User is not physically present or is unreachable once the Delivery Partner reaches the designated delivery location, for a period in excess of fifteen (15) minutes.

Information, instructions and authorizations provided by Users are not complete or sufficient to execute the transaction.

If any Merchant’s outlet is closed.

If a Delivery Partner is not available to perform the services.

If any Item or product is not in stock with the Merchant.

If the transaction cannot be completed for reasons not in control of Gush.

c. Users shall only be able to claim refunds for transactions initiated if they have already pre-paid the fees with respect to such transaction. Subject to relevant Merchant’s refund policy and in accordance therein, Users shall be eligible to get the refund in the following circumstances:

The package has been tampered or damaged at the time of delivery, as determined by Gush basis the parameters established by Gush in its sole discretion.

If the wrong Item has been delivered to Users, which does not match with the Item for which the Users had initiated a transaction on the Platform, provided however, that such change in Item was not previously communicated to the User.

Gush has cancelled the order because of any reason mentioned under Clause 6.2.6, Clause 6.2.7, Clause 6.2.8 or Clause 6.2.9. Above.

d. All decisions with respect to refunds will be at the sole discretion of Gush and in accordance with Gush’s internal refund policy and the same shall be final and binding. All refunds initiated by Gush shall be refunded to the financial source account from which Users have initiated the transaction on the Platform.

7) 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), compilations and databases of Accounts and Account details, except any third party software available on the Platform, is owned by Gush (“Gush Property”) and the design, structure, selection, co-ordination, expression, look and feel and arrangement of such Gush Property is protected by copyright, patent and trademark laws, and various other intellectual property rights. Users are not permitted to use Gush Property without the prior written consent of Gush.

b. The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of Gush, except any trademark, logos and service marks of third parties available on the Platform. Users are not permitted to use the Marks without the prior consent of Gush or such third party as may be applicable.

c. If any User believes the Platform violates their intellectual property, such User must promptly notify Gush in writing at gushgrocery365@gmail.com 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 a User may result in the termination of such User’s access to the Platform. Users are required to provide the following details in their notice:

the intellectual property that the User believe is being infringed;

the item that the User think is infringing and include sufficient information about where the material is located on the Platform;

a statement that the User believes in good faith that the item the User has identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;

the User’s contact details, such as the User’s address, telephone number, and/or email;

a statement that the information provided in the User’s notice is accurate, and that the User is the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and

the User’s physical or electronic signature.

8) Violation of the Terms of Use

Users agree that any violation by Users of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Gush, as the case may be, for which monetary damages would be inadequate, and Users consent to the Gush 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 Gush may have at law or in equity. If Gush takes any legal action against Users as a result of their violation of these Terms of Use, Gush is entitled to recover from Users, and Users agree to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

9. Additional Terms

Gush may also require Users to follow additional rules, guidelines, policies or other conditions in order to participate in certain promotions or activities available through the Platform (the “Policies”). These Policies shall form a part of these Terms of Use, and Users agree to comply with them when they participate in those promotions, or otherwise engage in activities governed by such additional terms.

10. Link to Third Parties

The Platform may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). Gush shall not be responsible for examining or evaluating such third party websites, and Gush 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. Gush does not assume any responsibility or liability for the actions, product, and content of any such third party websites. Before any Users use/access any such third-party websites, they should review the applicable terms of use and policies for such third party websites. If Users decide to access any such linked third party website, they do so at their own risk.

11. Term and Termination

a. These Terms of Use will continue to apply until terminated by either the User or Gush as set forth below.

b. If the User objects to the Terms of Use or are dissatisfied with the Platform or Gush Services, they can (i) close their Account through the Platform or by writing to gushgrocery365@gmail.com(with subject name as delete account); and (ii) stop accessing the Platform.

c. Gush may, in its sole discretion, bar any User’s use of the Platform or the Gush Services at any time, for any or no reason. Even after an Account with Gush is disabled, made dormant or inactive, these Users shall remain liable for all their uncleared dues with respect to the Merchant Services.

d. Gush may delist any User or block their future access to the Platform or suspend or terminate their Account if it believes, in its sole and absolute discretion that they have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically.

e. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until Gush chooses to terminate them.

f. Users hereby agree and acknowledge, upon termination, Gush shall have the right to retain all information pertaining to the transactions initiated by Users on the Platform.

12. Governing Law

These 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 Bangalore.

13. Report Abuse

a. In the event Users come across any abuse or violation of these Terms of Use or if they become aware of any objectionable content on the Platform, they can report the same to the following e-mail id: gushgrocery365@gmail.com (with subject name :Support) In case Users have any queries with respect to these Terms of Use or the Gush Services, please write to gushgrocery365@gmail.com

14. Communications

a. The User hereby expressly agrees to receive communications by way of SMSs and/or e-mails and/or Whatsapp from Gush, or other third parties. The User can unsubscribe/ opt-out from receiving communications through SMS, Whatsapp and email anytime either through the specific channels of communication or by contacting customer support, provided however, that Users may still receive communications with respect to their use of the Gush Service.

15. General

a. Amendments: Gush reserves the unconditional right to modify or amend this Terms of Use , Privacy Policy and Policies without any requirement to notify Users of the same. Users can determine when this Terms of Use was last modified by referring to the “Last Updated” legend above. It shall be the User’s responsibility to check these Terms of Use, Privacy Policy and Policies periodically for changes. The User’s acceptance of the amended Terms of Use or continued use of the Platform shall signify their consent to such changes and agreement to be legally bound by the same.

b. Notice: All notices from Gush will be served by email to the User’s registered email address or by general notification on the Platform.

c. Assignment: Users cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. Gush’s rights under the Terms of Use are freely transferable by Gush to any third party without the requirement of informing the User or seeking their 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 Gush to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Gush of that provision or right.

f. Integration: These Terms of Use together with Gush’s Privacy Policy and Policies and any other legal notices, communications published by Gush on its Platform, and any other agreements executed between the User and Gush shall constitute the entire agreement between the User and Gush concerning its Platform, Gush Services and governs the User’s use of the Platform and Gush Service, superseding any prior agreements between the User and Gush with respect to the Platform and Gush Services.

Community Guidelines

At Gush, we are committed to ensuring you have access to essentials, without leaving your house. We understand that you might have questions about how we’re navigating the COVID-19 epidemic. At Gush, we’re doing our best to ensure that we’re following all preventive measures, and your safety and wellbeing is prioritized, always.

For everyone in our community

The World Health Organisation recommends we all remember the ‘Five’

1. HANDS Wash them often

2. ELBOW Cough into it

3. FACE Don’t touch it

4. FEET Stay more than 3 feet apart

5. FEEL sick or unwell? Stay home

Please follow guidelines prescribed by WHO, Central Government, and local authorities. We can overcome this, but only if we do it together.

In light of COVID-19, we would like to take this time to put forth community guidelines for our users.

For our users

Gush Services during COVID-19: During the containment of the COVID-19 virus, Gush Partners will only deliver essential items as categorized by the local authorities. Essential products like medicines must be made through the “medicine” category and with a valid prescription only. Under no circumstances, will your partner deliver any non-essential items or habit-forming substances like cigarettes or tobacco. Please refrain from asking your partner to purchase something outside of the app.

Responsible Use of Gush Services: You must use Gush Services responsibly and in compliance with the law. Please ensure that you handover to the Gush Partners only essential items/products that can be transported under the prevailing guidelines issued by central, state and local authorities. Your Partner can refuse to complete an order, if they feel otherwise, or can contact local authorities if they wish to. Note, if you misuse the platform, your partner can run into trouble as well. You must use the service responsibly.

Introducing No Contact Delivery: In order to limit contact, No Contact Delivery has been introduced. Please let your partner know via the in-app chat, or over a phone call to leave your order at a mutually decided spot. If you or a family member is unwell, please do opt for the no-contact delivery. Pro Tip: Leave a bag or a box at the door for your partner to drop your items off.

Item Restriction: Hygiene and essential items like sanitizers or groceries might be limited in number currently. Please be respectful and avoid hoarding of items, to ensure resources are adequately distributed amongst the community.

Tipping: Your Gush partner is going the extra mile so that you can stay safe indoors. We have introduced Tipping, whereby you can show appreciation to your partner for being there for you. 100% of your tip will be provided to your Partner

Be Respectful: Your Gush partners are doing their best to ensure you get your item delivered on time. Treat your partners the way you would like to be treated. Please be respectful, and know they’re doing their best so that you can stay indoors and be safe

An inclusive Community: At Gush, we celebrate inclusion and diversity amongst our large community of users, partners, merchants, and employees. Remember, when you use Gush, you might interact with people who look or think differently from you. Promoting a respectful community is one of our key values and we do not support any form of discrimination, among our large community of users, partners, merchants and employees.

For your Partners

Containing Community Spread: All your partners are aware and following recommended preventive measures to ensure you and our community can stay safe.

Insurance: All Gush Partners are now COVID insured. If a partner does contract the virus, their account will be automatically placed on hold until they recover. They will be compensated for their time to recover through the insurance.

COVID Partner relief Fund: We have set up a partner relief fund for our Partners and their families to overcome this difficult period. This time, we’re urging our community to deliver for the partners. Every little bit helps and will go a long way in ensuring your partners know we all have their back. Please do contribute here.

Social Distancing at Stores: A tech solution to queue orders enables the Partners to keep a safe distance at stores and avoid overcrowding while ensuring orders are also fulfilled. Your partner will be standing in line and waiting his/her turn patiently. You must be patient as well.

Remote Onboarding: If you wish to sign up during this time to serve your city as a Gush Partner, by ensuring essentials reach those who need it the most, please sign up here. You can be onboarded through our remote onboarding facility.