Customer Terms and Conditions

 

Our Terms

 

1. THESE TERMS

1.1. These are the terms and conditions on which we supply services to you via the DeliveryApp mobile application (App) and our website deliveryapp.com (Website) (Terms), (together the Platform). Please read these terms carefully before you start to use the Platform or register with us.

1.2. The following terms also apply to your use of the Platform; the App and Website Terms of Use, our Fair Use Policy, Privacy Policy, Cookies Policy, Complaints and Claims Procedure and Cancellation Policy.

1.3. We may amend these Terms from time to time. For a list of changes and when they were made, please contact us by email at support@deliveryapp.com.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1. Who we are. We are Deliver E Hub Limited, T/A DeliveryApp (DeliveryApp/we/us/our) a company registered in England and Wales. Our company registration number is 10547511 and our registered office is at Bonded Warehouse, 18 Lower Byrom Street, Manchester, M3 4AP. Our registered VAT number is 260955490.

2.2. What we do. We provide an online Platform to connect customers with suppliers of courier, delivery and/or vehicle and driver hire services (Platform Services). The courier, delivery or vehicle and driver hire services available on our Platform are as described on our Platform (Driver Services). You can submit requests for Driver Services via the Platform (Job Requests) by registering for an account with us, or as a guest. We are not a provider of any delivery or courier services and at no time will a contract come into existence between you and us for the provision of Driver Services. Any contract you enter into with a Driver will be solely between you and the Driver.

2.3. How to contact us. You can contact us by email at support@deliveryapp.com.

2.4. How we may contact you. If we have to contact you, we will do so using the contact details provided when you registered/made a guest request, for Driver Services with us.

3. REGISTERING AND REQUESTING DRIVER SERVICES

3.1. Upon registration, you are able to add team members within your account, where you can grant certain access and permissions to other users. These DeliveryApp Customer Terms and Conditions and all other DeliveryApp terms (as summarised above at clause 1.2) are applicable to each and every user of the Platform, irrespective of the nature of their membership with DeliveryApp. It is therefore your responsibility, as the creator and/or assignor of the master account, to ensure that any team member you grant access and/or permissions to, is fully aware of and complies with all DeliveryApp terms and conditions and that you accept full legal responsibility for them and their actions.

3.2. To submit a Job Request on the Platform, you can either:

(a) register for an account on the Platform and place Job Requests on the Platform; or,

(b) place Job Requests on the Platform and checkout as a guest.

3.3. You must be over the age of 18 to register for an account with us.

3.4. When submitting a Job Request on the Platform, you will be required to complete a booking form which will set out (as applicable):

(a) the date, time and correct location(s) where the Driver Services are to be provided (see clauses 3.5 and 3.10 below);

(b) whether any driver assistance is required, for example, unloading/loading (also known as handballing) assistance (see clauses 3.6-3.8 below);

(c) as much information as possible regarding the specific delivery instructions relevant to the Driver Services (also see clause 3.9 below);

(d) any issues that may hinder the provision of the Driver Services to you such as road width restrictions, access restrictions, steps etc;

(e) the cost of goods being transported (optional, see clauses 5.2 and 5.3 below);

(f) yours and the recipients contact details for each stop.

3.5. Please ensure the correct address for each and every stop is entered accurately on the Job Request. Drivers reserve the right to charge you in full for any job that has to be cancelled/abandoned in such instances. If the Driver accepts the change of address that results in additional mileage, you will be liable for any additional mileage caused by incorrect location(s) being specified on the Job Request and any waiting time.

3.6. If driver assistance is required with unloading/loading (handballing) and this has not been specified on the initial Job Request, the driver reserves the right to cancel their Driver Services and cancellation charges will be applied as per our Cancellation Policy. In the event where drivers agree to undertake the additional unloading/loading, additional charges will apply as per our Additional Charges. Please be mindful that some Drivers may have a disability that may impair their ability to unload/load. Please therefore ensure that you accurately complete the Job Request, giving as much information as possible, as charges as per this clause may apply.

3.7. We offer a complimentary 30 minute window for waiting time, in total on each job. Should waiting time exceed 30 minutes (up to a maximum of 60 minutes), you will be charged additional fees as outlined in our Additional Charges. Should waiting time exceed 60 minutes on a job, Drivers reserve the right to abandon and cancel their Driver Services and you will be charged as per our Cancellation Policy.

3.8. It is crucial that you confirm in your Job Request whether any delivery locations have closing times e.g. depot’s etc. You must allow the Driver sufficient time to arrive at the location, giving at least 1 hour to facilitate traffic and other unforeseen events. We reserve the right to charge you additional charges, which may include but are not limited to; storage charges, loss of revenue to Driver, additional milage and waiting times. These charges will be assessed on a case by case basis based on the circumstances and will be itemised for transparency.

3.9. With regards to removing a delivery stop on a Job Request after this has been posted on the Platform;

(a) if the Job Request is ‘Awaiting’ (a Driver has not yet accepted the Job), you can amend the route by cancelling the Job and re-booking, or editing the existing job and removing the required stop. In such instances, no charges will apply.

(b) If the Job Request is ‘Accepted’ (a Driver has accepted the Job) and it’s outside of the cancellation charge window, as above, you can cancel the Job and re-book, or edit the existing job and removing the required stop. In such instances, no charges will apply.

(c) If the Job Request is ‘Accepted’ (a Driver has accepted the Job) and it is within the cancellation charge window or if a Job is ‘In Progress’ (a Driver has started the Job), you can remove the stop but you will still be charged in full and the Driver pay will remain the same.

3.10. You, or anyone who you provide with access to your account, are solely responsible for providing accurate information in accordance with clause 3.4 above when submitting a Job Request.

3.11. Where you provide any specific requirements or standard operating procedures with a Job Request, we will use reasonable endeavours to ensure that the Drivers are made aware of these requirements and carry out the Driver Services in accordance with your requests. However, we cannot guarantee that the Drivers will conform to these requirements in all respects at all times and we accept no liability or responsibility for any failure by a Driver to comply with such requests.

3.12. When submitting a Job Request, you agree that the Driver Services requested will not be used to collect, deliver and/or transport an item or items which are Prohibited unless express permission in writing, in advance of the Job, has been obtained from DeliveryApp.

3.13. If you are a business customer, in order to protect our legitimate business interests, you agree not to directly approach a Driver without using our Platform for the purpose of obtaining services which are substantially the same as or similar to the Driver Services without our prior written consent. We reserve the right, in our sole discretion, to suspend or terminate the Platform Services provided to you without any liability if you breach this clause 3.13. We reserve the right to charge you an amount equal to the fees we would have received for the services provided to you in breach of this clause.

3.14. All information provided to us must be accurate and we reserve the right to refuse to accept your account registration or to suspend or deny your access to the Platform if you breach any of these Terms.

4. YOUR CONTRACT WITH THE DRIVER

4.1. DeliveryApp is not a courier and does not provide delivery services. DeliveryApp acts as an intermediary introducing you to a Driver for the provision of Driver Services. You acknowledge and agree that the Driver Services are provided to you under a contract between you and the Driver and not under these Terms or any other contract with DeliveryApp.

4.2. On acceptance of a Job Request, the Driver may provide you with the terms and conditions which govern the provision of the Driver Services to you (Driver Terms and Conditions). If no such Driver Terms and Conditions are provided, then the Driver Terms and Conditions attached at Appendix 1 will govern the provision of the Driver Services by the Driver to you (Driver/Customer Terms). For the purpose of these Terms, references to “Driver/Customer Contract” shall mean the Driver Contract or Driver/Customer Terms as applicable.

4.3. We carry out standard identification verification and insurance checks of the Drivers registered with us, but we make no representations, warranties or promises in respect of the Driver Services they provide, nor have we vetted the Driver Services they provide. We do not verify the accuracy or truth or completeness of and shall not be liable for and accept no responsibility for, any information presented by the Drivers to you at any time.

5. INSURANCE

5.1. When submitting a Job Request, you will be given the option to specify the cost of the goods being transported.

5.2. If you specify the cost value of your goods in the Job Request, your Job Request will only be available to Drivers who have a level of insurance appropriate to that value and the liability of the Driver to you for all losses suffered by you, caused by mis-delivery of or damage to the Package(s) in aggregate shall not exceed the value of the Package(s) specified in the relevant Job Request.

5.3. If you do not specify the cost value of the goods in the Job Request, then your Package(s) will be covered in aggregate up to the limit specified in clauses 5.4 and 5.5 for all losses suffered by you, caused by mis-delivery of or damage to the Package(s), and the liability of the Driver to you for such loss, mis-delivery or damage shall not exceed that amount.

5.4. Subject to clause 5.5, we will procure that every Driver has goods in transit insurance with a minimum insurance level of £10,000 for vans. For cars, see 5.5 below.

5.5. Please note that we may grant membership to our Platform to Drivers that provide Driver Services by car and therefore do not have the level of goods in transit insurance set out at clause 5.4. In such circumstances, this will be made clear to you on acceptance of your Job Request and we will meet the cost of any valid claim, as notified to us in accordance with our Complaints & Claims Procedure, for all losses suffered by you, caused by mis-delivery of or damage to the Package(s) up to a maximum aggregate value of £250 per Job Request affected. For any items with a cost value of greater than £250, only drivers with a goods in transit insurance with a minimum of £5,000 cover are selected.

6. CANCELLATION OF DRIVER SERVICES

6.1. If you cancel a Job Request, cancellation fees may apply. Please see the Driver/Customer Contract and our Cancellation Policy for full details.

7. PAYMENTS

7.1. We take payment for the Driver Services via the Platform. When a Job Request is placed and a Driver has accepted the job, a ‘shadow payment’ is taken from the card the account was registered with. Payment is only taken from the card once the job is completed, or in accordance with pre-agreed payment terms with DeliveryApp. Should the job be cancelled before completion and the cancellation does not breach our Cancellation Policy, the ‘shadow payment’ is removed and payment is not taken.

7.2. Upfront payments for the Driver Services can be made by debit or credit card and all payments will be processed by our third party payment processing agent, Stripe. Alternatively you can pay via credit account (on application) which is paid in accordance with the terms agreed.

7.3. Payments must not be made directly to Drivers.

7.4. We pay Drivers 7 days after the relevant Driver Services have been completed, the goods have been delivered and signed for or the Driver has provided us with other reasonable evidence that the goods have been delivered to the delivery location(s) as specified in the Job Request.

7.5. If you are a business customer with a business account, we reserve the right to charge you in full for any Job Requests made through the Platform up to any pre-agreed credit limit with the customer account holder, regardless of whether these have been approved in accordance with the customer’s own internal purchase order or other approval process. We will not be liable to credit or reimburse any charges for Driver Services fulfilled in response to any request made by you or anyone you allow to access your customer account.

7.6. DeliveryApp reserve the right to charge you statutory interest and debt recovery costs (unless any other rate of interest is agreed separately with you in contract) on any late payments.

8. PRICE CHANGES

8.1. The Prices are set out within the Platform when obtaining a quote via placing a Job Request. We will adjust the Prices from time to time and/or annually on or around each anniversary of your registration with DeliveryApp, to reflect increases or decreases in the cost of Platform Services with reference to the Consumer Prices Index during the previous year.

8.2. We shall give you one month’s prior notice in writing of proposed changes, indicated by a percentage increase or decrease.

8.3. Should you wish to raise any queries in relation to the proposed changes, you must do so prior to the proposed change coming into effect, otherwise it shall be deemed the changes are accepted.

9. WITHDRAWAL OF THE SERVICES

9.1. We can stop providing the Platform Services at any time. We will let you know as soon as possible in advance and you will not be charged for any jobs that are not completed, unless such withdrawal is due to an event outside of our control (as set out in clause 11 below).

10. SUSPENSION AND TERMINATION

10.1. We can suspend the supply of the Platform Services. We may do this:

(a) to deal with technical problems or make minor technical changes;

(b) to update the Platform Services to reflect changes in relevant laws and regulatory requirements;

(c) to make changes to the Platform Services;

(d) if you don’t make any payment to us when it is due and you still don’t make payment within 7 of days of our reminding you that payment is due; or

(e) if you breach these Terms.

10.2. We can terminate your use of the Platform if you breach any of these Terms.

10.3. You may end your contract with us for the Platform Services at any time by contacting us, using our contact details on our Contact Page.

10.4. Termination of your contract with us will not affect any Driver Services to be performed. If you wish to cancel such Driver Services, this will be dealt with in accordance with the Driver/Customer Contract and our Cancellation Policy.

11. OUR LIABILITY

11.1. Our liability to consumers. We’re responsible for losses you suffer caused by us breaking this contract for Platform Services unless the loss is:

(a) Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order for Platform Services meant we should have expected it (so, in the law, the loss was unforeseeable).

(b) Caused by a delaying event outside our control. As long as we have taken the steps set out in clause 11 below.

(c) Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.

(d) A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in clause 10.2.

11.2. We are not responsible for losses you suffer under the Driver/Customer Contract.

11.3. Our liability to businesses. If you’re a business, then, except in respect of the losses described in clause 10.4:

(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £250.

11.4. Losses we never limit or exclude. Nothing in these Terms shall limit or exclude our liability for:

(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

(d) any matter in respect of which it would be unlawful for us to exclude or restrict liability.

12. WE ARE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL

12.1. If our supply of the Platform Services is prevented or delayed by an event outside of our control, for example, an act of God, flood, drought, earthquake or other natural disaster, epidemic or pandemic, terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, any law or any action taken by a government or public authority, collapse of buildings, fire, explosion or accident or the interruption or failure of utility service, we will contact you as soon as possible (either via the Platform or directly using the contact details provided when registering/submitting a Job Request) to let you know and will do what we can to reduce the delay.

12.2. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial, you may terminate your agreement with us.

13. YOUR INFORMATION

13.1. We process information about you in accordance with our Privacy Policy and Cookies Policy.

14. COMPLAINTS

14.1. We hope that you will be happy with the service provided within our Platform. However, if you do have any complaints, you have several options for resolving complaints with us.

14.2. Our Complaints Policy. If you have any complaints relating to the Platform Services or Driver Services, then please contact us as per our Complaints & Claims Policy. All complaints notified to us will be handled in accordance with that policy.

14.3. You can go to court. These Terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

15. ANTI-BRIBERY AND ANTI-CORRUPTION

15.1. DeliveryApp strives to comply with all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption, including but not limited to the Bribery Act 2010 (Relevant Requirements) and requires the same of their customers.

15.2. If you are a business, during the term of this agreement, you and any of your agents, consultants, contractors, subcontractors or other persons engaged in performance of your obligations under this agreement, agree to:

(a) comply with all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption, including but not limited to the Bribery Act 2010 (Relevant Requirements);

(b) not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Bribery Act 2010 if such activity, practice or conduct had been carried out in the UK;

(c) notify us (in writing) if you become aware of any breach of clause 15.2(a) or clause 15.2(b), or have reason to believe that you have received a request or demand for any undue financial or other advantage in connection with the performance of this agreement;

(d) ensure that any of your agents, consultants, contractors, subcontractors or other persons engaged in performance of your obligations under this agreement, do so only on the basis of a written contract which imposes on and secures from such person terms equivalent to those imposed on them in this clause 15 (Relevant Terms). You shall be responsible for the observance and performance by such persons of the Relevant Terms, and shall be directly liable to DeliveryApp and/or any other third party affected by any breach by such persons of any of the Relevant Terms;

(e) have and shall maintain in place throughout the term of the agreement your own policies and procedures, including but not limited to, adequate procedures under the Bribery Act 2010, to ensure compliance with the Relevant Requirements and clause 15 and will enforce them where appropriate;

(f) certify to DeliveryApp (at our option) in writing, signed by you or an officer of your business, compliance with this clause 15 by yourself and all persons associated with it.

15.3. For the purpose of this clause 15.2(e), the meaning of adequate procedures and foreign public official and whether a person is associated with another person shall be determined in accordance with section 7(2) of the Bribery Act 2010 (and any guidance issued under section 9 of that Act), sections 6(5) and 6(6) of that Act and section 8 of that Act respectively. For the purposes of this clause 15, a person associated with you includes but is not limited to any of your subcontractors.

16. ANTI-SLAVERY AND HUMAN TRAFFICKING

16.1. In performing your obligations under the agreement, you and any of your agents, consultants, contractors, subcontractors or other persons engaged in performance of your obligations under this agreement, shall;

(a) comply with all applicable anti-slavery and human trafficking laws, statutes, regulations  from time to time in force (Anti-Slavery Laws) including, but not limited to, the Modern Slavery Act 2015;

(b) not engage in any activity, practice or conduct that would constitute an offence under sections 1, 2 or 4 of the Modern Slavery Act 2015 if such activity, practice or conduct had been carried out in England and Wales;

(c) include in contracts with any of your agents, consultants, contractors, subcontractors or other persons engaged in performance of your obligations under this agreement, anti-slavery and human trafficking provisions that are at least as onerous as those set out in this Clause 16;

(d) notify us as soon as you become aware of any actual or suspected breach of Clause 16.1(a) and Clause 16.1(b) in your operations/supply chain which has a connection with this agreement;

(e) implement due diligence procedures for your own suppliers, agents, consultants, contractors, subcontractors or other participants in your supply chains, to ensure that there is no slavery or human trafficking in your supply chains;

(f) provide all reasonable assistance, including but not limited to, permitting DeliveryApp to conduct periodic audits of your business (at our option), to demonstrate to us that you comply with your obligations under Anti-Slavery Laws.

16.2. You represent and warrant that your servants and/or agents, consultants, contractors, subcontractors or other persons engaged in performance of your obligations under this agreement, have not been convicted of any offence involving slavery and human trafficking or been the subject of any investigation, inquiry or enforcement proceedings regarding any offence or alleged offence of or in connection with slavery and human trafficking.

16.3. Breach of this Clause 16 shall be deemed a material breach for termination of this agreement and use of the Platform.

17. OTHER IMPORTANT TERMS

17.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this and we will ensure that the transfer won’t affect your rights under the contract.

17.2. Nobody else has any rights under this contract. These Terms are between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

17.3. If a court invalidates some of this contract, the rest of it will still apply. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

17.4. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

 

Appendix 1 – DeliveryApp Driver/Customer Terms

DeliveryApp Driver / Customer Terms and Conditions

Last updated: 03.04.24