Terms and Conditions
Mobile App – Terms and Conditions
Please read these terms and conditions carefully before using this site or app
By downloading the app you agree to these terms and conditions. If you do not agree to these terms and conditions, do not download the app.
A) We provide an online platform to connect suppliers of services with customers.
B) At no time will a contract come into existence as between You and Us. Any contract formed will be exclusively between customers requesting services from members and members providing those services.
C) You must be over the age of 18 to use this App.
1. WHO WE ARE AND WHAT THIS AGREEMENT DOES
1.1 We are Deliver E Hub Limited, a company registered in England and Wales whose company number is 10547511 and our registered office is at Bonded Warehouse, 18 Lower Byrom Street, Manchester, M3 4AP. (“We/us/our).
1.2 You can contact us by writing to us at the above address or emailing us on firstname.lastname@example.org
1.3 We license you to use:
- DeliveryApp mobile application software (App) and any updates or supplements to it; AND
- The service you connect to via the App and the content and platform we provide to you through it (Service) as permitted in these terms.
2. YOUR PRIVACY
2.2 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
3. ADDITIONAL TERMS
3.1 In addition to the terms set out in this Agreement, the following terms also apply:
- Our privacy and cookies policy
- Our website user terms and acceptable use policy
- Our Service terms and conditions:
- If you are a customer wishing to request the services of our drivers – Book a Delivery;
- If you are a driver wishing to provide services to customers – Drivers
4. APPLE APP STORE AND GOOGLE PLAY STORE’S TERMS ALSO APPLY
The ways in which you can use the App may also be controlled by the Apple App Store and Google Play Store’s rules and policies.
5. OPERATING SYSTEM REQUIREMENTS
This app requires the following operating systems; iOS 10 and above for devices using Apple and Android 5.1 and above for Android operating devices. The App requires use of your location data to utilise the nature of our services (see below).
6. SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
6.1 Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our website www.deliveryapp.com.
6.2 Contacting us (including with complaints). If you think the App or the Services are faulty or wish to contact us for any other reason please email our customer service team at email@example.com.
6.3 How we will communicate with you. If we need to contact you we will do so by telephone, email, by SMS or by pre-paid post using the contact details you have provided to us.
7. HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
In return for your agreeing to comply with these terms you may:
- download a copy of the App onto any number of devices and view, use and display the App and the Service on such devices for your own use. You may not allow any other person to use the App to request driver services.
- provided you comply with the Licence Restrictions within these terms, make a copy of the App for back-up purposes; and
- receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
8. YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App and the Service as set out above [“HOW YOU MAY USE THE APP”]. You may not transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
9. CHANGES TO THESE TERMS
9.1 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
9.2 We will give you at least 30 days notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App.
9.3 If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
10. UPDATE TO THE APP AND CHANGES TO THE SERVICE
10.1 From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
10.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
10.3 The App will always work with the current or previous version of the operating system (as it may be updated from time to time).
11. IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
12. WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
13. WE WILL USE LOCATION DATA
The Service we will provide is based on our making use of location data sent from your devices. If you use these Services, you consent to our transmission, collection, retention, maintenance, processing and use of your location data and queries to provide the Service and improve location-based and road traffic-based products and services. If you turn off your location services then we will not be able to provide our Services to you.
14. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
14.1 The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
14.2 You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
15. LICENCE RESTRICTIONS
You agree that you will:
- provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
- not copy the App or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure; and
- is used only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
16. ACCEPTABLE USE RESTRICTIONS
- not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
17. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App and the Services throughout the world belong to us and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.
18. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
18.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
18.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
18.3 IT IS IMPORTANT THAT YOU REFER TO OUR MAIN TERMS IN REGARD TO OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU:
- If you are a customer wishing to request the services of our members –Book a Delivery;
- If you are a Member wishing to provide services to customers – Drivers
18.4 Limitations to the App and the Services. The App and the Services are provided as a platform to introduce service providers to customers. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
18.5 Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
18.6 Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the Apple App Store and Google Play Store site’s and on our website www.deliveryapp.com meet your requirements.
18.7 We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
19. WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS
19.1 We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
19.2 If we end your rights to use the App and Services:
- You must stop all activities authorised by these terms, including your use of the App and any Services.
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
- We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
20. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
21. YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
22. NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
23. 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.
24. EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
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.
25. 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.
26. ALTERNATIVE DISPUTE RESOLUTION
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. We are not presently a member of an alternative dispute resolution provider but if you are not happy with how we have handled any complaint, you may be able to submit a complaint to the European Commission Online Dispute Resolution platform.
These terms tell you the rules for using our website www.deliveryapp.com and our app DeliveryApp (collectively referred to as our Site).
WHO WE ARE AND HOW TO CONTACT US
We are Deliver E Hub Limited, a company registered in England and Wales whose company number is 10547511 and our registered office is at Bonded Warehouse, 18 Lower Byrom Street, Manchester, M3 4AP.
You can contact us by writing to us at the above address or by emailing us at firstname.lastname@example.org
BY USING OUR SITE AND APP YOU ACCEPT THESE TERMS
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
- Our Privacy and Cookies Policy below, which sets out the terms on which we process any personal data we collect from you, or that you provide to us, and information about cookies on our site. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
- Our Acceptable Use Policy below, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
If you register to use our Site our Terms and Conditions will also apply whether you wish to offer your services as a driver or a consumer or business wishing to obtain services from our members or wishing to post information on our Site.
WE MAY MAKE CHANGES TO THESE TERMS
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
WE MAY MAKE CHANGES TO OUR SITE
We may update and change our site from time to time to reflect changes to our services, our users’ needs and our business priorities.
WE MAY SUSPEND OR WITHDRAW OUR SITE
Our site is made available free of charge for those requiring the services of service providers. Any service providers wishing to register to use our site will be liable to pay us the fees we set from time to time as set out in our Terms and Conditions.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
Our site is directed to those living within the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations outside of the UK.
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us immediately.
HOW YOU MAY USE MATERIAL ON OUR SITE
We are the owner or the licensee of all intellectual property rights in our site, and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
DO NOT RELY ON INFORMATION ON THIS SITE
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
USER-GENERATED CONTENT IS NOT APPROVED BY US
This website may include information and materials uploaded by other users of the site, including member profiles, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Whether you are a consumer or a business user:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of supply.
If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site;
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user:
- Where you are a consumer i.e. not acting within the course of a business, trade or profession, then you agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
UPLOADING CONTENT TO OUR SITE
Whenever you make use of a feature that allows you to upload content to our site or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy on this page.
You are solely responsible for securing and backing up your content.
RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
When you upload or post content to our site, you grant us full rights to use, re-post and deal with all such content provided we deal with it in a fair and reasonable way.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
RULES ABOUT LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy (see below).
WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
USE OF OUR TRADE MARKS
You are not permitted to use any of our trademarks, whether they are registered or not, without our approval, unless they are part of material you are using as permitted under How you may use material on our site.
Website acceptable use policy
This acceptable use policy sets out the terms between you and us under which you may access our website.
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- To place for sale any goods that are illegal, immoral or offensive, hazardous, restricted or regulated.
You also agree:
- Not to reproduce, duplicate copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
- Chat rooms.
- Bulletin boards.
- (Interactive services).
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
We do not allow minors to use of any of our interactive services.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our site and App.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
We may revise this user and acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site and App.
Customer Terms and Conditions
THIS AGREEMENT sets out the terms and conditions in relation to you requesting information or services that are advertised on our App or Website.
A) We provide an online platform to connect suppliers of services with customers.
B) At no time will a contract come into existence as between You and Us. Any contract formed with a Member will be solely between You and the Member.
C) You must be over the age of 18 to register with Us and have an address in the United Kingdom to register with us.
D) The services provided by Members can only be completed in the United Kingdom.
1. DEFINITIONS AND INTERPRETATION
1. In this Agreement, unless the context requires otherwise:
App means DeliveryApp mobile application;
Cancellation Rules means the timescales and charges as set out in the Cancellation Policy
Force Majeure means an event or sequence of events beyond reasonable control preventing You or Us delaying from performing any obligations under this Agreement;
Package means the package that you are Posting for collection and delivery on the App by a Member;
Posting means you’re placing on the App a request for the services of a Member.
Registration means your registration with us to allow you to access the Platform provided by us;
Member means the person or company advertising its services on our App or Website.
Site means the use of this site to obtain access to service providers;
Stripe means our payment processing agent.
Platform means the services provided using this Website;
We/Us/Our means Deliver E Hub Limited, a company registered in England and Wales whose company number is 10547511 and our registered office is at Bonded Warehouse, 18 Lower Byrom Street, Manchester, M3 4AP. (“We/us/our). Email: email@example.com Our VAT number is 260955490.
Website means https://www.deliveryapp.com
You/Your means the individual or company accepting these Terms
2. ABOUT THIS WEBSITE AND THE APP
2.1. By registering to use the App and Website you can submit Postings 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 Posting on the App.
2.2 To use the App, you will also have to agree to the App terms and conditions
2.3 To request Driver services:
2.3.1 You will need to create 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 Postings for Drivers to accept.
2.3.2 When submitting a posting, 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.
2.3.2 You are solely responsible for the accuracy of the weight and/or measurements that you place on the Posting, together with the information required on the posting form as set out in clause 2.3.2. If you make any mistakes on the Posting, and the Driver services cannot be completed as a result, you will still be charged the full cost of the Driver Services.
2.3.3 Cancelling services. As there are different types of delivery timescales that you can chose when making a Posting, once it has been accepted there are different timescales and charges applicable to cancellation – please see our Cancellation Rules
2.4 Payments for services
2.4.1 Payments can be made by debit or credit card and all payments will be processed by Stripe – a third party payment platform.
2.4.2 Payments must not be made directly to Drivers;
2.4.3 When making a booking request, you will be given the option as to whether the Package must be signed for. If you do not request a signature on delivery, the Package will be deemed delivered once it has been left at the delivery location. We will hold all payments until the Package has been delivered (and signed for where requested).
2.4.4 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).
2.5 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.
2.6 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 and 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.
2.7 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 endeavor to rectify faults if they do occur.
2.8.1 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.
2.8.2 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.
3. INFORMATION ON THE APP AND WEBSITE
3.1 We use our best endeavors 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.
3.2 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.
3.3 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.
4. LINKS TO DRIVERS OR OTHER WEBSITES
4.1 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.
5. LIMIT OF RELATIONSHIP
5.1 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.
5.2 We do not provide any of the services listed by Drivers on the App or Website.
5.3 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.
5.4 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 Members. We do not vet the services provided by individual Drivers nor do we recommend or endorse them.
5.5 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.
6.1 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.
6.2 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.
7. LIMIT OF LIABILITY
7.1 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. This does not affect your statutory rights under English Law. We do not limit or exclude our liability for death or personal injury caused by our negligence, fraudulent misrepresentation or any other liability which we cannot exclude by law.
7.2 We shall not be liable for losses or damages (whether direct, indirect or consequential) whatsoever, whether in contract, tort (including negligence), or otherwise arising from the App, the Website or the use of the Platform, or from any interruption or delay in accessing the App or Website.
7.3 By agreeing to these terms, you agree to fully indemnify, defend and hold Us harmless our officers, directors, employees, contractors, agents, suppliers, service providers, licensors and third party partners from and against all third party claims, costs, losses and/or liabilities relating or arising in connection with any illegal use of the App or Website, any breach of your representations or warranties or any violation of these terms by you or anyone to whom you allow access to the Website using your internet connection and or registration details.
8. YOUR INFORMATION
8.1 We process information about you in accordance with our Privacy and Cookies Policy on this page.
9.1 By registering to use the App or Website you agree that:
- you have read, understood and agree to all of the terms set out in this Agreement (and all other Terms referred to as if they were set out in full within this Agreement);
- you are over the age of 18 and that you have the legal capacity to enter into and be bound by these terms;
- you understand that we are only acting as a platform and that the contract for services to be provided by Drivers is only between you and the Driver;
- the information that you provide to us is accurate;
- you will keep any username and password that we supply to you private and shall not allow another person to use those details to purchase services via the App or Website
9.2 These terms do not affect your statutory rights.
9.3 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.
9.4 There is no fee to Customers to register to use the App or Website.
10.1 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 service we provide then please contact us using our contact page. You can also submit a complaint for online resolution to the European Commission Online Dispute Resolution platform if you are a resident in the European Union.
10.2 If you have any complaints in regards to the services provided by a Driver, and then please follow their internal complaints procedure. If you are unhappy with the outcome then please contact us link however, we do not make any warranties or representations as to what steps we will take in regards to such complaints.
11. FORCE MAJEURE
We will not be liable if we are prevented or delayed in performing our obligations under these terms due to Force Majeure.
12.1 Severance. If any provision of this Agreement (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of this Agreement will not be affected.
12.2 Rights of third parties. No person other than You or Us a Party will have any right to enforce any of this Agreement’s provisions.
13. GOVERNING LAW AND JURISDICTION
13.1 This Agreement and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales.
13.2 The Parties irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Agreement, its subject matter or formation (including non-contractual disputes or claims).
Driver Terms and Conditions
THIS AGREEMENT sets out the terms and conditions in relation to your Driver Membership with Us on Our Website, the services We will provide and the terms on which you may place profiles with Us.
This Agreement must be read in conjunction with our App Terms and Conditions, Website User Terms, Privacy and Cookies Policy (Our Policies”)
A We provide an online platform to connect suppliers of services to Customers.
B You confirm and warrant that you are acting as a trader i.e. that you are acting in the course of a business, trade or profession.
C The Customer is a business or consumer who uses the App or Website to contact Drivers and/or request Driver services.
D The parties have agreed that we will allow you to use our App and Website to advertise your services on our App and Website and all information submitted by you must be in accordance with these terms and conditions.
E At no time will a contract come into existence as between Us and the Customer. Any contract formed with the Customer will be solely between the Driver and the Customer.
F You must be over the age of 18 and have an address in the United Kingdom to have a Driver Membership with Us.
1. DEFINITIONS AND INTERPRETATION
1.1 In this Agreement, unless the context requires otherwise:
Advertising means your placing of any information on our Website in respect of the services you supply;
App means the DeliveryApp mobile application;
Business Day means a day other than a Saturday, Sunday or bank or public holiday in England;
Cancellation Rules means the rules that will apply to both Customer and Driver cancellation of Driver services which can be found in our cancellation policy
Commencement Date means the date of this Agreement;
Customer means a business, an individual or consumer requesting information or the provision of services from the Driver;
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;
Good Practice means, in relation to the services and or goods provided, that the Driver will comply with all applicable laws in relation to the supply of services and with the British Code of Advertising Practice.
Intellectual Property Rights means copyright, rights in confidential information, Know-how, trade secrets, trademarks, service marks, trade names, design rights and all similar rights of whatever nature and, in each case: (i) whether registered or not, (ii) including any applications to protect or register such rights, (iii) including all renewals and extensions of such rights or applications, (iv) whether vested, contingent or future and (v) wherever existing;
Driver means you, as a business, who has or has requested Driver membership whether acting as a limited company or sole trader and includes all employees and agents.
Driver membership means the access that you will have to our Services, the App and the Website when you create an account with us;
Fees means the amount of commission you agree to pay us for each successfully completed transaction;
Operating rules means the rules (as amended from time to time) that affect the Driver’s use of the Services;
Security Device means the Driver’s account codes or numbers, passwords and other security devices as may be agreed from time to time between us and the Driver;
Services means, as the context permits, the Services that we have agreed to provide pursuant to the terms of this Agreement;
Services Contract means the contract that the Driver enters into with the Customer;
Stripe means our payment processing agent.
Successfully Completed Transaction means when a Customer has confirmed that the Services Contract has been completed and payment has been made by the Customer;
Term means the duration of this agreement;
VAT means value added tax, as defined by the Value Added Tax Act 1994.
We/Us/Our means Deliver E Hub Limited, a company registered in England and Wales whose company number is 10547511 and our registered office is at Bonded Warehouse, 18 Lower Byrom Street, Manchester, M3 4AP. (“We/us/our). Email firstname.lastname@example.org. Our VAT number is 260955490
Website means www.deliveryapp.com
You/Your means the Driver who applies for or has a Driver Membership with Us.
1.2 This Agreement is to be interpreted in accordance with the following:
1.2.1 Each gender includes the others and the singular includes the plural and vice versa;
1.2.2 References to clauses or schedules are to clauses or schedules of this Agreement;
1.2.3 References to this Agreement include its schedule and appendices and any Orders;
1.2.4 ‘Including’ means including without limitation and general words are not limited by example;
1.2.5 References to persons include individuals, unincorporated bodies, government entities, companies and corporations;
1.2.6 Clause headings do not affect the interpretation of this Agreement;
1.2.7 A reference to a statute or a statutory provision is a reference to it as in force as at the date of this Agreement or amended, extended, re-enacted or consolidated from time to time except to the extent that any such amendment, extension or re-enactment would increase or alter the liability of either party under this Agreement;
1.2.8 A reference to a statute or a statutory provision includes all subordinate legislation made from time to time under that statute or statutory provision;
1.2.9 References to time will mean London time, unless otherwise stated;
1.2.10 “In writing’ means communication by letter or fax or email and written will be interpreted accordingly;
1.2.11 References to books, records or other information include paper, electronically or magnetically stored data, film, microfilm, and information in any other form; and
1.2.12 Reference to any English action, remedy, method of judicial proceeding, court, legal document, legal concept, legal status, legal doctrine or thing will in respect of any jurisdiction other than England be deemed to include what most nearly approximates in that jurisdiction to the English equivalent;
1.2.13 References to a Party or Parties means the Us and the Driver.
2. SUPPLY OF SERVICES
2.1 This Agreement commences on the Commencement Date for a Term and until it is terminated in accordance with clause 10.
2.2 The procedure for applying for Driver Membership and Our Services is set out in clause 3.
2.3 During the Term and at the expiry of the Term We hereby grant the Driver a non-exclusive, non-transferable license to use the App and Website solely for the purpose of accessing and using the Service in accordance with the terms of the Agreement and for no other purpose whatsoever.
3. DRIVER MEMBERSHIP
3.1 Upon completion of a driver membership request form, we will ask you to provide us with verification information regarding your business. This may include, but is not limited to, proof of address, photographic ID, goods in Transit insurance details, proof of ownership of vehicle, vehicle insurance details and any other information that we believe is, at our sole discretion, required by us to continue with your driver membership request. You will also be required to provide us with a DVLA verification code.
3.2 The submission of a driver membership request form will constitute an offer by you to use the Services on the terms of this Agreement.
3.3 We may accept or reject a driver membership request at our discretion. A driver membership request will not be accepted, and no binding obligation to supply any Services will arise, until the earlier of:
3.3.1 Our receiving from you all information that we request to verify your business status, qualifications, driver membership to professional organisations, DVLA verification code and any other informant that we require, and thereafter
- Our written acceptance of the request; or
- Our supplying the Services or notifying you that we have commenced supply of the Services (as the case may be).
3.4 Rejection by us of a driver membership request, including any communication that may accompany such rejection, will not constitute a counter-offer capable of acceptance by you.
4. DELIVERY OF SERVICES
4.1 Once a driver membership request has been accepted, the Driver will usually be able to place Advertisements on the App and Website within 24 hours but time is not of the essence.
4.2 If the Driver breaches any of the terms of this agreement We may at a sole discretion:
4.2.1 Terminate this Agreement;
4.2.2 Refuse to accept any subsequent driver membership requests from the ex-Driver;
4.2.3 Recover from the Driver all losses, damages, costs and expenses incurred by Us arising from the Driver’s default.
4.3 We will not be liable for any delay in or failure of delivery to the extent caused by:
4.3.1 The Driver’s failure to: (i) provide us necessary information to provide our Services, (ii) provide Us with adequate instructions for supply or otherwise relating to the Services; or
4.3.2 An event of Force Majeure.
4.3 Customer requests for Driver services are placed on the App and are matched to drivers based on location, size and other information. Drivers can accept Customer requests but this is strictly on a first come first served basis.
4.4 All delivery costs that will be paid by Customers are pre-determined and listed on the App.
5.1 The Services delivered by Us will be supplied with reasonable skill and care.
5.2 We will not be liable for any failure of the Services to comply with clause 5.1:
5.2.1 Where such failure arises by reason of the Driver’s wilfull damage or negligence;
5.2.2 To the extent caused by the Driver’s failure to comply with the Our reasonable instructions as to: (i) use or benefit from the Services, or (ii) good practice in relation to use or benefit from the Services;
5.2.3 To the extent caused by the Us following any specific requirement of the Driver in relation to the Services;
5.2.4 To the extend caused by Our changing our host server.
5.3 We will comply with all UK applicable laws, standards and good industry practice in the supply and delivery of the Services.
5.4 The Driver warrants that it/he/she will;
5.4.1 Ensure that, both in relation to the Services Contract and generally, it complies with all statutory requirements relating to the provision of services in the United Kingdom specifically pursuant to English Law including (but not limited to) the Consumer Rights Act 2015 and any other information which it is obliged to give consumers under UK law and that all goods and services provided will comply with a Customer’s legal rights as required by the laws of England.
5.4.2 Ensure that Customers are fully aware of any of the Driver’s own terms and conditions, operating times, complaints procedure etc.
5.4.3 Ensure that it complies with all national Codes of Practice including Codes of Conduct laid down by the British Code of Advertising Practice.
5.4.4 Read the terms and conditions from time to time that apply to the Customer’s use of the App and Website so that it remains fully aware of what terms the Customer are entering when using the App, the Website, and our Policies.
5.4.5 To notify Us promptly of any unauthorised use of the Driver’s account details or the Website;
5.4.6 Make it clear in any advertising or listing material that the advertisement has been placed by the Driver acting in the course of a trade or business;
5.4.7 To be solely responsible for providing and maintaining all computer equipment and software necessary for the Driver to access the Service
5.4.8 To be solely responsible for any data, information or advertising material submitted by the Driver on our App or Website or to Us in connection with the Service;
5.4.9 The Driver shall, at its own cost, be responsible for obtaining (or obtaining relief from any requirements for) all regulatory approvals which it is required to obtain.
5.4.10 To ensure that all information that the Driver puts in the App or Website or makes available via the App or Website for Customers is true and accurate and that if further confirms that: i) the publication of the advertisement will not breach any contract, infringe the copyright, trademark or other right of any third party and is not libelous of any person; ii) all licences and consents from third parties necessary for the publication of the advertisement have been obtained and paid for, including consent from living persons identified in copy or pictures (photographic or otherwise); iii) the advertisement does not unlawfully discriminate on grounds of age, sex, race or religion; iv) the advertisement is not promoting illegal goods and/or services; v) a Seller using a third party service provider shall be solely responsible for ensuring the accuracy of copy and the timeliness of its delivery and that no advertisement will be placed by the Driver in regards to adult services and pornography, that is offensive in any way, illegal or immoral.
5.4.11 That the Driver will, if requested by the Customer, follow a formal complaints procedure and inform us within 7 days of the receipt of any complaint, and inform us within 7 days of the outcome of any complaint.
5.4.12 Comply with all income and other tax and VAT legislation in force within the country in which the Driver resides or the Services Contract is performed.
5.4.13 Inform us immediately of any change in the Driver’s trading status, driver memberships or of any factor that it is reasonable to assume would affect its Driver membership.
5.4.14 Agree to the Customer using our feedback portal to leave feedback in regards to the services provided by the Driver. We will not review any information posted by Customers about You on the App and Website. If you believe that information given is incorrect or in breach of these terms You must inform Us immediately, and we will aim to remove it (if at our total discretion We believe it should be removed) within a reasonable period of time.
5.4.15 Read and accepts the Cancellation Rules
5.5 It is a strict condition of this Agreement that the Driver understand and accepts that, part of the Service we provide to Customers is the ability for Customers be able to track the Driver when the Driver is completing a Customer request for services. You therefore consent to our transmission, collection, retention, maintenance, processing and use of your location data and queries to provide the Service and improve location-based and road traffic-based products and services. If you turn off your location services at any time whilst completing a delivery to a Customer then this will be considered a material breach of this Agreement.
6.1 The Driver will pay to us commission at a rate of 20% of the Successfully Completed Transaction or the Fees that are applicable (and may be subject to change) as can be found here. It is the Driver’s responsibility to check the Fees at all times as changes in fee rates will not be communicated individually to Drivers.
6.2 We reserve the right to change the Driver membership Fee from time to time and the higher rate will be applicable upon all further Successfully Completed Transactions.
6.3 The Fees are inclusive of VAT which will be added at the prevailing rate at the date of payment.
7. PAYMENT AND PAYMENT SERVICE
7.1 All payments made by the Consumer will be made directly to us using Stripe and by accepting these Terms you agree to be bound by all of the terms and conditions set out by Stripe. Drivers must register and be approved for a Stripe account.
7.2 Payments from Customers must not be accepted by Drivers directly and must be made by the Customer via our payment service.
7.3 All payments due to us will be deducted directly from payments that we are due to make to the Driver whether those payments are for commission due, or any other monies due to Us.
7.4 We use Stripe as a payment gateway. When creating an Account, the Driver will automatically be sent to Stripe’s website to setup a Stripe account, if the Driver already has an existing account this can be connected. The Stripe account allows for us to send payments direct to the Driver’s bank account for all Successfully Completed Transactions made using our Services. Payments are only released once you have provided your services (i.e. once the package has been delivered and signed for by the Customer) made every 2 days and all security checks are handled directly by Stripe. As Stripe offers differing accounts, it will be the Driver’s responsibility to set up the Stripe account that best suits the Drivers business model. We have no control over the Stripe Accounts.
7.5 All Drivers appoint us as its agent for the limited purpose of receiving, holding and settling payments to Drivers. We will settle payments that are actually received by us, less any amounts owed to us and subject to these Terms. Drivers agree that a Customer payment received by us, on the Driver’s behalf, satisfies the Customer’s obligations to make payment to the Driver, regardless of whether we actually settle such payment to the Driver. If we do not settle any such payments as described in these Terms, a Driver will have recourse only against us and not the Customer.
7.6 Drivers accept that we have no control over any transaction charges made by Stripe.
8. LIMITATION OF LIABILITY
8.1 Neither party to this Agreement limits or excludes its liability for:
8.1.1 Death or personal injury caused by negligence; or
8.1.2 Fraud or fraudulent misrepresentation; or
8.2 Without prejudice to clause 8.1 Our total aggregate liability under or in connection with this Agreement, whether arising in tort (including negligence), contract or in any other manner will not exceed the total fees paid by the Driver in the preceding 3 months.
8.3 Without prejudice to clause 8.1, the Driver’s total aggregate liability under or in connection with this Agreement, will not be limited.
8.4 Without prejudice to clause 8.1 We will not be liable to the Driver for any:
8.4.1 Loss of profits or revenues; or
8.4.2 Loss of, or damage to, data or information systems; or
8.4.3 Loss of contract or business opportunities; or
8.4.4 Loss of anticipated savings; or
8.4.5 Loss of goodwill; or
8.4.6 Any indirect, special or consequential loss or damage.
9.1 The Driver will indemnify Us and hold Us harmless from and against any losses, damages, liability, costs and expenses (including professional fees) incurred by it as a result of any action, demand or claim:
9.1.1 That the Driver is in breach of any applicable laws as a result of any act or omission of the Driver;
9.1.2 Made against Us by a third party (including a Customer) arising from any defect in the services provided by the Driver or by the Driver’s breach of this Agreement;
9.2.3 Is in breach of the Advertising Code of Conduct or any other advertising codes of conduct;
each being a Claim.
9.2 In the event that either party receives notice of any Claim that affects the other party to this Agreement, it will:
9.2.1 Notify the other in writing as soon as reasonably practicable;
9.2.2 Not make any admission of liability or agree any settlement or compromise of the Claim without the prior written consent of each other (such consent not to be unreasonably withheld or delayed);
9.2.3 Take all reasonable steps to minimise the losses that may be incurred by it or by any third party as a result of the Claim; and
9.2.4 Provide each other with all reasonable assistance in relation to the Claim (at the Driver’s expense) including the provision of prompt access to any relevant premises, officers, employees, contractors or agents of the Customer.
10.1 During the Term this Agreement may be terminated:
10.1.1 By Us where there is a breach of this Agreement by Our giving not less than 2 Business Days’ notice in writing to the Driver where there is material breach of this Agreement and such breach is not remediable or, if capable of remedy, is not remedied within 1 Business Days of receiving written notice to do so; or
10.1.2 By the Driver giving 90 days’ notice to terminate its Driver membership. The Driver will still be liable for all Fees that result in a Successfully Completed Transaction if the Services Contract was requested or commenced prior to termination but completes after termination.
10.2 The following clauses of this Agreement will survive termination, howsoever caused:
- clause 8 (limitation of liability);
- clause 9 (indemnity);
- clause 10 (termination);
- clause 4 (restrictions);
- clause 15 (general);
- clause 17 (governing law and jurisdiction),
together with any other provision of this Agreement which expressly or by implication is intended to survive termination.
11. CONFIDENTIAL INFORMATION
11.1 Each party undertakes that it will keep any information that is confidential in nature concerning the other party, the terms of this Agreement and the information relating to any Customer.
11.2 A party may:
11.2.1 Disclose any Confidential Information to any of its employees, officers, representatives or advisers (Representatives) who need to know the relevant Confidential Information for the purposes of the performance of any obligations under this Agreement, provided that such party must ensure that each of its Representative to whom Confidential Information is disclosed is aware of its confidential nature and agrees to comply with this clause 11 as if it were a party;
11.2.2 Disclose any Confidential Information as may be required by law, any court, any governmental, regulatory or supervisory authority (including, without limitation, any securities exchange) or any other authority of competent jurisdiction to be disclosed; and
11.2.3 Use Confidential Information only to perform any obligations under this Agreement.
11.3 Each Party recognises that any breach or threatened breach of this clause 11 may cause irreparable harm for which damages may not be an adequate remedy. Accordingly, in addition to any other remedies and damages, the Parties agree that the non-defaulting Party may be entitled to the remedies of specific performance, injunction and other equitable relief without proof of special damages.
12. DISPUTE RESOLUTION
12.1 The Parties will attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with this Agreement within 14 Business Days of either party notifying the other of the dispute.
12.2 Nothing in this dispute resolution procedure will prevent the parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
12.3 If the dispute cannot be resolve then We may consider but are not bound to use an Alternative Dispute Resolution Service.
12.4 The obligations of the parties under this Agreement will not cease or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and each party, its subcontractors and their Representatives will comply fully with the requirements of this Agreement at all times.
12.5 For any disputes arising between the Customer and the Driver, the Driver will implement a reasonable complaints procedure.
13. FORCE MAJEURE
13.1 A Party will not be liable if delayed in or prevented from performing its obligations due to Force Majeure, provided that it:
13.1.1 Promptly notifies the other of the Force Majeure event and its expected duration; and
13.1.2 Uses reasonable endeavours to minimise the effects of that event.
13.2 If, due to Force Majeure, a party:
13.2.1 Is or will be unable to perform a material obligation; or
13.2.2 Is delayed in or prevented from performing its obligations for a continuous period exceeding 30 calendar days then the other party may terminate the Agreement on immediate written notice.
13.3 For the duration of a Force Majeure event affecting a party to this Agreement, the obligations of the other Party will be suspended for the corresponding period of time.
14. RESTRICTIONS DURING AND AFTER THE TERM
14.1 For the purpose of this clause 14 the following definitions shall apply:
Restricted Driver: any present Driver of the Website or any person or firm who was a driver of the Website during the 12 months before Termination (or for the Term if less than 12 months)
Restricted Customer: any firm, company or person who, during the 12 months before Termination (or for the Term if less than 12 months), made use of the Website as a Customer, whether that Customer used the services of any Driver of the Website;
Restricted Person: any employee of the Company.
Termination: the termination of the Agreement howsoever caused.
14.2 In order to protect our confidential information and business and customer connections which the Driver has access as a result of Driver membership with us, the Driver covenants with us that the Driver will not:
14.2.1 For a period of 2 years after Termination:
(a)enter into any direct agreement with any Restricted Customer with a view to providing services to that Restricted Customer in competition with the Company;
(b)endeavour to solicitor or entice away from us any business or custom with any Restricted Customer with a view to providing services to that Restricted Customer in competition with us;
(c)offer to employ or engage or otherwise endeavour to entice away from us any Restricted Person or Restricted Driver;
(d)offer to employ or engage or otherwise endeavour to entice away from us any Restricted Driver;
14.2.2 At any time after Termination, represent themselves as connected with us in any capacity, other than as a former driver, or use any registered names or trading names associated with us and the Website.
14.2.3 The Contractor agrees to pay liquidated damages in the amount of £5,000.00 or the estimated loss to us in trade, whichever figure being higher, for any violation of the covenant contained in clause 14.2 of this Agreement.
15.1 Compliance with law
Each party will comply and will (at its own expense unless expressly agreed otherwise) ensure that in the performance of its duties under this Agreement, its representatives will comply with all applicable laws and regulations, provided that neither party will be liable for any breach to the extent that such breach is directly caused or contributed to by any act or default of the other party or that party’s Representatives.
The Driver must pay all sums that it owes Us under this Agreement free and clear without any set-off, counterclaim, deduction or withholding of any kind, save as may be required by law.
15.3 No partnership or agency
The parties are independent of each other and are not partners, principal and agent and, save as expressly stated otherwise, this Agreement does not establish any joint venture, trust, fiduciary or other relationship between them, other than the contractual relationship expressly provided for in it. Neither of the parties will have, nor will represent that it has, any authority to make any commitments on the other Party’s behalf.
No variation of this Agreement will be valid or effective unless it is in writing, refers to this Agreement and is duly signed or executed (as the case may be) by, or on behalf of, each party.
If any provision of this Agreement (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of this Agreement will not be affected.
15.6.1 No failure, delay or omission by either party in exercising any right, power or remedy provided by law or under this Agreement will operate as a waiver of that right, power or remedy, nor will it preclude or restrict any future exercise of that or any other right, power or remedy.
15.6.2 No single or partial exercise of any right, power or remedy provided by law or under this Agreement will prevent any future exercise of it or the exercise of any other right, power or remedy.
15.6.3 A waiver of any term, provision, condition or breach of this Agreement will only be effective if given in writing and signed by the waiving Party, and then only in the instance and for the purpose for which it is given.
15.7.1 Any notice given by a Party under this Agreement will:
(a) be in writing and in English;
(b) be sent to the relevant party at the address set out in this agreement (for Us) and the driver membership request form (for the Driver) or, if sent by fax or email, to a fax number or email address nominated by the parties.
15.7.2 Notices may be given, and are deemed received 24 hours from delivery if sent to the correct email address and no notice of delivery failure is received.
15.7.3 All references to time are to the local time at the place of deemed receipt.
15.7.4 This clause does not apply to notice given in legal proceedings, arbitration or other dispute resolution proceedings.
15.8 Conflict within an agreement
If there is a conflict between the terms of this Agreement and the terms of any other documents referred to in this Agreement, the terms of this Agreement will prevail.
15.9.1. Subject to clause 15.9.2, neither party may assign, transfer, or deal in any other manner with any or all of its rights under this Agreement (each an assignment) without the prior written consent of the other party.
15.9.2 We may sub-contract in any manner any or all of its obligations under this Agreement.
15.9.3 Each party confirms it is acting on its own behalf and not for the benefit of any other person.
15.10 Rights of third parties
No person other than a Party to this Agreement will have any right to enforce any of its provisions.
16. ENTIRE AGREEMENT
16.1 The Parties agree that this Agreement (and Policies referred to herein) constitute the entire agreement between them and supersede all previous agreements, understandings and arrangements between them, whether in writing or oral, in respect of its subject matter.
16.2 Each Party acknowledges that it has not entered into this Agreement or any documents entered into pursuant to it in reliance on, and will have no remedies in respect of, any representation or warranty that is not expressly set out or referred to in this Agreement or any documents entered into pursuant to it, except in the case of fraudulent misrepresentation.
17. GOVERNING LAW AND JURISDICTION
17.1 This Agreement and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales.
17.2 The Parties irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Agreement, its subject matter or formation (including non-contractual disputes or claims).
Privacy and Cookies Policy
We are Deliver E Hub Limited, a company registered in England and Wales whose company number is 10547511 and our registered office is at Bonded Warehouse, 18 Lower Byrom Street, Manchester M3 4AP. (“We/us/our).
You can contact us by writing to us at the above address or by emailing us on email@example.com
We are committed to protecting and respecting your privacy.
This policy and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data, how we will treat it and the cookies that we use. By visiting the DeliveryApp App and www.deliveryapp.com you are accepting and consenting to the practices described in this policy.
Our privacy and cookies policies are written in compliance with and subject to English Law only.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Lance Jones.
INFORMATION WE COLLECT FROM YOU
We will collect and process the following data about you:
- Information you give us. This is information about you that you give us by filling in forms on our site, by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you register to use our site, subscribe to our service and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information.
- Information we collect about you. With regard to each of your visits to our site we will automatically collect the following information:
- technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
- information about your visit, including [the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.
DATA COLLECTION AND USE
While using our Service, we may ask you to provide us with certain personal data that can be used to contact or identify you. Personal data may include, but is not limited to, your name, address, contact number, email address, date of birth, driving license number. We will collect this information in a variety of ways:
To use our Service as a driver or customer, you need to register using the mobile app. We will ask for some personal data at this point. We need this data in order to provide the Service to you.
When you ask us to send you updates, notifications or other content by e-mail, you may provide us with certain information like your e-mail address so we can fulfil your request.
“Sign up as a Driver” link
If you contact us through the “Sign up as a Driver” form on the website, we ask you for information such as your name, e-mail address, and mobile number, so we can respond to your registration request. We will use this information to follow up with an SMS which contains a link to the mobile app, so that we can complete the driver registration process.
“Book a delivery” link
If you contact us through the “Book a delivery” form on the website, we ask you for information such as your name, e-mail address and mobile number, so we can respond to your registration request. We will use this information to follow up with an SMS which contains a link to the mobile app, so that we can complete the customer registration process and you can start using the Service.
Send to a Friend
We may give you the opportunity to tell your friends about features or offers about our Service. If you take advantage of our ‘Send to a Friend’ option, we ask you for your friend’s and your first name and e-mail addresses to send the information to them that you requested. We don’t keep or use your friend’s e-mail address for any other purpose.
Questionnaires and surveys
We may ask our drivers and customers to complete surveys and opinion polls to provide feedback on activities, attitudes and interests. These surveys help us understand the needs of our drivers and customers and to improve our Service.
Information collected by automated means
We may employ third party companies and individuals to facilitate our Service, to perform Service-related services or to assist us in analysing how our Service is used.These third parties have access to your personal data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
USES MADE OF THE INFORMATION
We use information held about you in the following ways:
- Information you give to us. We will use this information:
- to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information and services that you request from us;
- to provide you with information about other services we offer that are similar to those on our Site or those services which you have searched;
- to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please contact us;
- to notify you about changes to our service;
- to ensure that content from our Site is presented in the most effective manner for you and for your computer.
- Information we collect about you. We will use this information:
- to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve our Site to ensure that content is presented in the most effective manner for you and for your computer;
- to allow you to participate in interactive features of our service, when you choose to do so;
- as part of our efforts to keep our Site safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
- to make suggestions and recommendations to you and other users of our Site about goods or services that may interest you or them.
- Information we receive from other sources. We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).
DISCLOSURE OF YOUR INFORMATION
You agree that we have the right to share your personal information with:
- Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
- Selected third parties including:
- Our Members where you have requested their services;
- business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you, including any third party payment providers;
- advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we will provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience];
- analytics and search engine providers that assist us in the improvement and optimisation of our site.
We will disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
- If we or substantially all of our assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions of supply and other agreements or to protect the rights, property, or safety of Delivery E Hub Limited , our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
WHERE WE STORE YOUR PERSONAL DATA
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us.
Our Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request will be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
We use the following cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our Site. They include, for example, cookies that enable you to log into secure areas of our Site, use a shopping cart or make use of e-billing services.
- Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our Site when they are using it. This helps us to improve the way our Site works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognise you when you return to our Site. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Targeting cookies. These cookies record your visit to our Site, the pages you have visited and the links you have followed. We will use this information to make our Site and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
Except for essential cookies, all cookies will expire after a period of time.
CHANGES TO THIS POLICY
Any changes we make to our privacy and cookies policy in the future will be posted on this page.