DeliveryApp Driver / Customer Terms and Conditions

The terms that Drivers accept upon registering to the DeliveryApp Platform can be found at Driver Terms & Conditions, however, to assist, here is a summary of the obligations a Driver registered with DeliveryApp, has with you, the Customer.

For the purposes of these terms and conditions references to “you” or “your” means you, as the Customer of the Driver Services, and references to “we”, “us”, “our” means the Driver providing the Driver Services to you (as identified to you on the Platform) (“Driver”).

In these terms and conditions, the following terms will have the following meanings:

App means the DeliveryApp mobile application;
Business customer means a DeliveryApp customer with an approved credit limit and agreed payment terms;
Job Request means your request for Driver Services using the App or Website;
DeliveryApp means Deliver E Hub Limited, a company registered in England and Wales with company number 10547511 whose registered office is at Bonded Warehouse, 18 Lower Byrom Street, Manchester, M3 4AP, who are the online Platform provider connecting you to us for the supply of Driver Services;
Driver Services means the courier, delivery or vehicle and driver hire services available on the Platform;
Package means the package you specify for collection and delivery in a Job Request;
Platform means the App and/or the Website (as applicable);
Prohibited Item means an item or items which are dangerous or present a comparable hazard, as outlined on the Website at Prohibited items; and
Website means the DeliveryApp website deliveryapp.com.

Where to find information about us and our services

You can find everything you need to know about the Driver Services on the Platform before you submit your Job Request. You can find everything you need to know about us when we accept your Job Request by visiting the Platform. DeliveryApp will also display key information via the Platform.

If you are a business customer this is our entire agreement with you

If you are a business customer these terms constitute the entire agreement between us in relation to your purchase (unless DeliveryApp have separate bespoke terms agreed with you). You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this contract.

Job Requests

You will receive a status update via the DeliveryApp Platform and email to confirm we’ve received your Job Request for Driver Services via the Platform. If we have any questions about a Job Request we have accepted, we may contact you via the chat function on the Platform or by telephone to confirm your instructions.

Sometimes we reject Job Request

Sometimes we reject Job Requests, for example, because the Job Request relates to the collection and/or delivery of a Prohibited Item, the collection and/or delivery locations are outside the UK, the Driver Service requested was mispriced by DeliveryApp or because we can’t comply with the instructions you provide to us for the Driver Service. When this happens, we let you know as soon as possible.

When you will be charged

If you are a business customer, DeliveryApp will invoice you for the Job Request in accordance with your agreed payment terms. Payment must be made to DeliveryApp by the due date. 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.

For all other Customers and consumers, you will be charged directly by DeliveryApp for the Driver Services chosen when your Job Request is completed.

Further information regarding payments can be found within your DeliveryApp Customer Terms and Conditions.

If you are a business customer, you have no set-off rights

If you are a business customer you must pay all amounts due to DeliveryApp under these terms in full. DeliveryApp will not off-set any payments due, against any fees DeliveryApp may owe you, nor will we accept any counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law) when we are recouping amounts due to us.

We pass on increases in VAT

If the rate of VAT changes between your order date and the date we supply the Driver Services, DeliveryApp will adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

When DeliveryApp may impose additional charges

The price you agree to pay for Driver Services when you submit the Job Request will include various charges which may be incurred by us based on the details of the relevant Job Request, including but not limited to; driver loading/unloading assistance, road tolls, congestion charges and clean air zone charges. These 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 our vehicle being exempt.

You may also incur additional charges for the Driver Services if:

your Job Request fails to specify the full Driver Services required by you at the time of the Job Request;
additional driver assistance is required with loading/unloading the Package(s) from/to our vehicle, which was not included as part of the Job Request; or
we are required to wait at the pick up or delivery destination for longer than 30 minutes for the Package(s) to be loaded/unloaded to/from our vehicle.

Visit Additional Charges for full details. If such additional charges are incurred, you will be charged for them by DeliveryApp once the Driver Services have been completed.

We’re not responsible for delays outside our control

If our supply of the Driver Services to you is delayed by an event outside our control, such as the interruption or non-availability of the Platform, vehicle breakdown, road closure or unexpected substantial traffic delay, we/DeliveryApp will contact you as soon as possible (either via the Platform or directly where possible) to let you know and will do what we can to reduce the delay.

As long as we/DeliveryApp do this, we/DeliveryApp won’t compensate you for the delay, but if the delay is likely to be substantial, you can contact DeliveryApp via the Platform to end the contract. If you contact us before the job has been started, you will not be charged for this.

You’re responsible for making sure your Job Request on the booking form is accurate

You are responsible for providing complete and accurate information in the Job Request submitted to DeliveryApp, including but not limited to: the date and locations of where the Driver Services are to be provided, the weight and/or measurements of any Package, any specific delivery instructions, whether any loading/unloading assistance is required and/or specific operating procedures must be complied with, opening and closing times of addresses and details of any issues which may hinder delivery to the delivery location, e.g. road width restrictions, access restrictions or steps etc.

If the Job Request does not specify the full Driver Services required or the Driver Services to be performed appear to be significantly different to those detailed in the Job Request, we/DeliveryApp may cancel your Job Request or alternatively, DeliveryApp may charge you additional sums as set out above in ‘When DeliveryApp may impose additional charges’ and also Additional Charges.

Cancelling a Job Request

Cancellation policy. You may cancel a Job Request in accordance with DeliveryApp’s Cancellation Policy.

How to let us know. If you want to cancel a Job Request, you must do so via the DeliveryApp Website or App by selecting the relevant job and selecting the ‘Cancel’ option, as set out in the DeliveryApp Cancellation Policy. Any cancellation charges and/or refunds will be dealt with by DeliveryApp in accordance with the DeliveryApp Customer Terms and Conditions and the Cancellation Policy.

When and how you receive a refund. If the Driver Services you requested are not performed, DeliveryApp will not charge you for the Driver Services (unless you have breached the terms of our Cancellation Policy).

You have rights if there is something wrong with your service

If you think there is something wrong with the Driver Services or you are not satisfied with the service provided by us, you will need to contact DeliveryApp directly. DeliveryApp will deal with your complaint in accordance with DeliveryApps’ Complaints & Claims Procedure. We will not be responsible for dealing with any complaints.

Your rights and remedies if you are a consumer. We honour our legal duty to provide you with services that are as described to you on the DeliveryApp Platform and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk . Remember that you also have option for resolving disputes with us, as set out below.

Summary of your key legal rights

If your product is services, for example Driver Services, the Consumer Rights Act 2015 says:

You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill or get some money back if we can’t fix it.
If a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable.
If a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

DeliveryApp can change the Driver Services and these terms

DeliveryApp can always make minor changes to these terms and to the Driver Services:

to reflect changes in relevant laws and regulatory requirements; and
to make minor adjustments and improvements which do not affect your use of the Driver Services; or
to change the way the terms are drafted to make them fairer or clearer to you.

DeliveryApp can also make other more material changes to these terms or to the Driver Services, please regularly check DeliveryApps’ Customer Terms & Conditions for updates.

We can end our contract with you

We can end our contract with you for the Driver Services and claim any payments due to us if:

the Job Request does not specify the full Driver Services required or the Driver Services to be performed appear to be significantly different to those detailed in the Job Request;
the Job Request relates to the collection and/or delivery of a Prohibited Item;
(for business customers) you don’t make any payment to DeliveryApp for the Driver Services when it’s due and you still don’t make payment within 7 days of DeliveryApp reminding you that payment is due;
(for business customers) you reach your agreed credit limit;
you don’t, within a reasonable time of us asking for it either directly or via the DeliveryApp Platform, provide us with information, cooperation or access that we need to provide the Driver Services, for example, the date and locations of where the Driver Services are to be provided, the weight and/or measurements of any Package, any specific delivery instructions, whether any specific operating procedures must be complied with and details of any issues which may hinder delivery to the delivery location; or
you engage in any behaviour with us that is threatening, abusive or could otherwise constitute an invasion of privacy, cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person.

We may also end our contract with you for Driver Services:

if our vehicle breaks down or we experience other vehicle issues which mean that we cannot carry out the Driver Services;
due to personal emergencies;
if the Job Request relates to the collection and/or delivery of an item which we are unable to deliver due to religious beliefs, for example, alcohol; or
if the Job Request involves collection and/or delivery of items to a location which we cannot attend due to religious beliefs;
if items aren’t labelled and/or packaged correctly;
if items appear to be damaged and/or broken.

If we end our contract with you for any of these reasons, where possible DeliveryApp will try to find a substitute driver for you to complete the Job Request. However, if DeliveryApp cannot find a substitute driver to carry out the Job Request, they will let you know as soon as possible. If this occurs before a job is started, you will not be charged for this.

We don’t compensate you for all losses caused by us or the Driver Services

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

Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your Job Request meant we should have expected it (so, in the law, the loss was unforeseeable).
Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We’re not responsible for delays outside our control above.
Avoidable. Something that could have been avoided by taking reasonable action, including you providing reasonable instructions to us.
A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Our liability to businesses below.

Our liability to businesses. If you’re a business, then, except in respect of the losses described in Losses we never limit or exclude below:

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
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 one hundred per cent (100%) of the total sums paid by you for the services under such contract.

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

death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
fraud or fraudulent misrepresentation; or
any matter in respect of which it would be unlawful for us to exclude or restrict liability.

How we use your personal data

How we use any personal data you give DeliveryApp is set out in their Privacy Policy.

You have several options for resolving disputes with us

Complaints policy. DeliveryApp will do their best to resolve any problems you have with us or the Driver Services in accordance with DeliveryApps’ Complaints & Claims Procedure.

You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and 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. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

Other important terms apply to our contract

We can transfer our contract with you, so that a different Driver registered with DeliveryApp is responsible for supplying the Driver Services. DeliveryApp will endeavour to transfer the contract to another Driver who has an approved and verified Driver membership with DeliveryApp and you will be notified (where possible) if this happens and DeliveryApp/we will ensure that the transfer will not affect your rights under contract. Should an alternative DeliveryApp driver not be available, DeliveryApp may outsource this to an external source. If you’re unhappy with any potential transfer you can contact DeliveryApp to end the contract. Should you inform them before the job is completed, you will not be charged for this.

You can only transfer your contract with us to someone else if we agree to this. You will need to contact DeliveryApp directly to confirm if you want to transfer the contract or the Driver Services to someone else.

Nobody else has any rights under this contract. This contract is 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.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something or for doing something you are not allowed to, but that does not mean we cannot do it later.

These terms may have changed since you last reviewed them

These terms may be amended from time to time. For a list of changes and when they were made, please contact DeliveryApp directly.

Last updated: 22.01.24