1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply services to you via our App and Website.
1.2 Why you should read them. Please read these terms carefully before you start to use the App, the Website, or register with us. By registering with us you indicate that you have read, understood and accept these Terms and Conditions, the App and Website Terms of Use, our Acceptable Use Policy, our Privacy Policy, Cookies Policy and Cancellation Policy and that you agree to be bound, without limitation or qualification to all of those terms.
1.3 Amendments. We may amend these Terms and Conditions from time to time by uploading such amended Terms to the App and/or sending out a copy such amended Terms to the email address you have provided to us.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Deliver E Hub Limited (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 suppliers of services with customers. By registering to use the App and Website you can submit Job Requests for Packages to be collected and delivered by Drivers and/or obtain information about Drivers who appear on the App and Website. You can register on the App or Website, but can only submit a Job Request on the App. We are not a provider of delivery services and at no time will a contract come into existence between you and us for the provision of delivery services. Any contract formed 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 by writing to you at the email address provided when you register with us.
3. DEFINITIONS AND INTERPRETATION
3.1 In this agreement, unless the context requires otherwise:
App means the DeliveryApp mobile application;
Cancellation Policy means our rules that shall apply to both Customer and Driver on cancellation of Driver services as amended from time to time;
Complaint Policy means our complaints policy that will apply upon receipt of any complaint from a Customer, as amended from time to time
Customer means a business, an individual or consumer requesting information or the provision of services from the Driver;
Driver means the person or company advertising its services on our App or Website;
Driver Services means the courier services, delivery services or vehicle and driver hire services provided to you by a Driver, which could include any of the following:
Force Majeure means an event or sequence of events beyond reasonable control preventing the Seller or Us delaying from performing the obligations under this Agreement save that an inability to pay is not a Force Majeure event;
Job Request means you’re placing on the App a request for the services of a Driver;
Package means the package(s) that you specify for collection and delivery in a Job Request on the App by a Driver;
Registration means your registration with us to allow you to access the Platform provided by us;
Services means the services provided by Us, permitting you access to the App/Website which allows you to connect with Drivers;
Stripe means our third party payment processing agent;
Platform means the services provided using this Website;
Website means https://www.deliveryapp.com/
You/Your means the individual or company accepting these Terms.
Writing or written shall include emails.
4. REGISTERING AND REQUESTING DRIVER SERVICES
4.1 You can register an account on the App or Website and will be provided with a 4-digit verification code. Once you have verified the code, you can then set up Job Requests for Drivers to accept. If you do not register an account, you will still be able to upload a Job Request and checkout as a guest.
4.2 All information provided to us must be accurate and we reserve the right to refuse to accept your registration or to suspend or deny access to the App or Website if you breach of the terms set out in this Agreement.
4.3 You must be over the age of 18 to register for an account with us.
4.4 When submitting a Job Request, you will be required to complete an application form which will set out the date and locations where Driver Services are to be provided, specific delivery
instructions and any issues that hinder the delivery of a Package, such as road width restrictions, access restrictions steps, etc.
4.5 You, or anyone who you provide with access to your account, are solely responsible for the accuracy of the weight and/or measurements that you place on the Job Request, together with the information required on the posting form as set out in clause 4.2. If you make any mistakes on the Job Request, and the Driver Services cannot be completed as a result, you will still be charged the full cost of the Driver Services.
4.6 If your Job Request fails to specify the full Driver Services required by you at the time of Job Request, you may be charged for any additional charges incurred, including but not limited to Handballing Charges and/or Waiting Time Charges, after completion of the Driver Services.
5. YOUR CONTRACT WITH THE DRIVER
5.1 DeliveryApp is not a courier and does not provide delivery services. Delivery/courier services are provided to you under a contract between you and the Driver (“Delivery Contract”).
5.2 A Delivery Contract is formed between you and a driver when the Driver accepts your request for deliver services either via the Website or the App.
5.3 DeliveryApp is not a party to the Delivery Contract and acts as an agent for the Driver in communicating the Driver’s agreement to enter into the Delivery Contract.
5.4 By becoming a member of our App or Website, Drivers warrant to us that that are acting as a trader, i.e. that they acting in the course of a business, trade or profession and therefore where you enter into a Delivery Contract as an individual (i.e. not acting in the course of business) all applicable consumer legislation shall apply to the Delivery Contract.
6. INSURANCE
6.1 We will procure that every Driver has goods in transit insurance with a minimum of £10,000 for vans and £5,000 for cars. We also allow car drivers who do not have Goods In Transit insurance to accept a Job Request, in which case DeliveryApp will meet the cost of any valid claim for a loss or damage suffered by the customer, notified to us in accordance with our Claims Policy, up to a maximum value of £250.
6.2 When placing your Job Request, you have the option of specifying the value of the Package. If a value for your Package is specified, your Job Request will only be available to Drivers who have an appropriate level of insurance and the liability of the Driver to you for loss, misdelivery or damage to the Package shall not exceed this value which you have specified.
6.3 If a value for your Package is not specified, then your Package will be covered for the limit specified in clause 6.1 above, and the liability the Driver to you for loss, misdelivery or damage to the Package shall not exceed this amount.
7. CANCELLATION OF DRIVER SERVICES
7.1 Cancellation fees may apply from the point your Job Request is accepted by a Driver offering to perform the Driver Services. Please read our Cancellation Policy for full details.
7.2 Please note that even where you are entering into a Delivery Contract as an individual the cooling off period provided for under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 shall not apply.
7.3 If the Driver Services constitute the unspecified use of a vehicle and Driver for a fixed period of time, with instructions to be provided to the Driver at the start of the hire period, then the Driver shall be entitled in their absolute discretion to cancel the Driver Services immediately upon receipt of these instructions.
8. PAYMENTS AND CHARGES
8.1 Payments can be made by debit or credit card and all payments will be processed by Stripe.
8.2 Payments must not be made directly to Drivers.
8.3 We will hold all payments that are due to Drivers until the Package has been delivered and signed for or the Driver has provided us with other reasonable evidence that the Package has been delivered.
8.4 We have no control over any transaction charges set by either your payment provider or our payment provider (and we will deduct from your payment any charges that we incur).
8.5 In the event that a customer requires assistance with loading/unloading the Package from/to the Driver’s vehicle Handballing Charges will apply. For a Small Van, Medium Van, Large Van, and Extra Large Wheel Base Van the Handballing Charge for this is £15 per hour of the Driver’s time that is required to load/unload the Driver’s vehicle. For a Luton Van the Handballing Charge for this is £20 per hour of the Driver’s time that is required to load/unload the Driver’s vehicle.
8.6 In the event that the Driver is required to wait at the Pick Up/Delivery destination longer than 30 minutes for the Package to be loaded/unloaded to/from the Driver’s vehicle, then Waiting Time Charges will apply. For a Small Van, Medium Van, Large Van, and Extra Large Wheel Base Van the Waiting Time Charge is £15 per hour. For a Luton Van the Waiting Time Charge is £20 per hour.
8.7 The price you agree to pay when you complete your Job Request will include any additional charges which may be incurred by the Driver based on the details of your request, including but not limited to road tolls, congestion charges, and clean air zone charges. These additional charges will be payable even if the Driver Services are performed without these costs being incurred, for example due to a change in route or as a result of the Driver’s vehicle being exempt. Please see our Pricing Policy for further details.
8.8 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 holding the account, regardless of whether these have been approved in accordance with the Customer’s own internal purchase order or other approval process. DeliveryApp 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.
9. INFORMATION ON THE APP AND WEBSITE
9.1 We use our best endeavours to keep the information that we place on the App and Website as accurate as possible but we are under no obligation to update either.
9.2 We have no responsibility for information on the App or Website given by Drivers and we have no liability or responsibility as to the accuracy, reliability or completeness of any information on the App or Website.
9.3 We do verify the identity of the Drivers registered with us but we make no warranties in regard to the services they provide, nor have we vetted the 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 including, but not limited to, information presented by Drivers, liability regarding any connections made directly with Drivers, or any circumstances that may arise from your use of the App or Website.
9.4 We reserve the right to withdraw or amend the Service provided on the App or Website without notice. We shall not be liable if for any reason our App or Website is not available at any time or for any period. From time to time, we may restrict access to some parts of the App or Website, or the entire App or Website, if required. We aim to update the App and Website regularly and may change the content at any time. We may therefore have to suspend access to the App or Website, or close them if necessary.
9.5 You are responsible for making all arrangements necessary for you to have access to the App and Website and for ensuring that all persons who access the App or Website through any device which is owned by you or for which you are the registered user, are aware of these Terms and that they comply with them. In order to use the App and Website properly, you must have the necessary hardware, software and reliable internet access, none of which is our responsibility and is your entire responsibility.
9.6 We cannot guarantee that the services on the App or Website will be uninterrupted or will achieve particular results, or the integrity or security of data contained therein, except to use its reasonable endeavour to rectify faults if they do occur.
9.7 By using the App or Website, you represent and warrant that: (i) you either are the sole and exclusive owner of all content you upload to the App or Website (“User Content”) or you have all rights, licenses, consents and releases necessary to grant DeliveryApp the license to the User Content to be advertised on the App or Website; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor DeliveryApp’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
9.8 You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by DeliveryApp in its sole discretion, whether or not such material may be protected by law. DeliveryApp may, but shall not be obligated to, review, monitor, or remove User Content, at DeliveryApp’s sole discretion and at any time and for any reason, without notice to you.
10. LINKS TO DRIVERS OR OTHER WEBSITES
10.1 Any links provided on the App or Website to other websites are not intended to provide an endorsement by us and we will have no liability or responsibility for the content contained therein or those websites whatsoever.
11. LIMIT OF RELATIONSHIP
11.1 We are not liable for any information given on the App or Website or directly to you by a Driver or for any goods or services (lack thereof or failure to meet legal requirements) provided by a Driver.
11.2 We do not provide any of the services listed by Drivers on the App or Website.
11.3 By using the App and Website and/or registering to use the App or Website, you agree and accept that no legal relationship is created between you and a Driver.
11.4 We make no representations or guarantees as to the services being offered or advertised by Drivers. We carry out simple identification verification and insurance checks and then simply allow Drivers to use our App and Website to advertise services, and for Customers to use the App and Website to contract to pay for those services from Drivers. We do not vet the services provided by individual Drivers nor do we recommend or endorse them.
11.5 All of the Drivers using our App and Website have given a warranty that they will provide their services in accordance with their obligations under laws applicable to the United Kingdom in which the services are provided but we do not verify that information and therefore we give no guarantee or warranty in that regard.
12. TERMINATION
12.1 We may suspend or permanently terminate your use of the App or Website if you breach any of the provisions of the terms set out in this Agreement.
12.2 You may terminate this Agreement at any time by contacting us using our contact details on our Contact Page and we will delete your registration details and all details that we hold on you from our database.
13. LIMIT OF LIABILITY
13.1 To the extent permitted by law, we have no liability whatsoever relating to the information on the App and Website, or the services advertised by, and provided by Drivers.
13.2 To the extent permitted by applicable law, DeliveryApp will not be liable to you in any way (whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for:
(a) any request for Delivery Services that has not been accepted;
(b) any loss, damage, costs, expenses or liability suffered by anyone other than you in connection with your use of the App or Website;
(c) any losses that could not reasonably be expected to result from our negligence or breach of these Terms and Conditions;
(d) any loss of profits, loss of revenue, loss of opportunity, loss of business or employment (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms and Conditions); or
(e) any other loss, damage, costs, expenses or liability that you suffer in connection with the Services, save to the extent that DeliveryApp fails to perform its obligations to you to the standard of a diligent and professional provider of the relevant services.
13.3 If DeliveryApp is liable to you in connection with the Services, where permitted by law, its liability will be limited to an amount equal to £250 in aggregate.
13.4 Nothing in these Terms and Conditions will limit or exclude DeliveryApp’s liability to you for personal injury or death caused directly by DeliveryApp’s negligence.
14. FORCE MAJEURE
14.1 We will not be liable if we are prevented or delayed in performing our obligations under these terms due to Force Majeure.
15. YOUR INFORMATION
15.1 We process information about you in accordance with our Privacy Policy and Cookies Policy.
16. COMPLAINTS
16.1 We hope that you will be happy with the service provided within our App or Website however, if you do have any complaints regarding the Services we provide then please contact us in writing in the first instance using our contact page.
16.2 If you have any complaints relating to Driver Services then please contact us directly in writing in the first instance using our contact page.
16.3 All complains notified to us in accordance with this clause will be handled in accordance with our Complaints Policy.
17. ANTI-BRIBERY AND ANTI-CORRUPTION
17.1 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.
17.2 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 17.2(a) or Clause 17.2(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 17 (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 17 and will enforce them where appropriate;
(e) certify to DeliveryApp (at our option) in writing, signed by you or an officer of your business, compliance with this Clause 17 by yourself and all persons associated with it.
17.3 For the purpose of this Clause 17.2(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 17, a person associated with you includes but is not limited to any of your subcontractors.
17.4 Breach of this Clause 17 shall be deemed a material breach for termination of this agreement.
18. ANTI-SLAVERY AND HUMAN TRAFFICKING
18.1 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 18;
(d) notify us as soon as you become aware of any actual or suspected breach of Clause 18.1(a) and Clause 18.1(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.
18.2 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.
18.3 Breach of this Clause 18 shall be deemed a material breach for termination of this agreement.
19. OTHER IMPORTANT TERMS
19.1 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.
19.2 Nobody else has any rights under this contract. These Terms are between you and us. No other person shall have any rights to enforce any of its terms.
19.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
19.4 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.
19.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
