Terms & Conditions - DeliveryApp
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Terms and Conditions

 

Contents

 

Mobile App Terms and Conditions
Terms of Use and Acceptable Use Policy
Fair Use Policy
Website Acceptable Use Policy
Customer Terms and Conditions
Driver Terms and Conditions
Data Protection & Security Policy
Complaints Policy & Procedure

 

 

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.

 

BACKGROUND

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 support@deliveryapp.com

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

2.1 We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy.

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 support@deliveryapp.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. SHARING USE OF OR TRANSFERRING THE APP

We are giving you personally, or the corporate entity you act for, the right to use the App and the Service as set out above [“HOW YOU MAY USE THE APP”]. You are responsible for any services requested through the App by anyone who legitimately accesses an account You create. 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 should remove the App from it to prevent unauthorised use of any account You create.

 

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

You must:

  • 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.

 

 

Terms of Use and Acceptable Use Policy

These terms tell you the rules for using our website www.deliveryapp.com and our app DeliveryApp (collectively referred to as our Site).

 

BACKGROUND

 

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 support@deliveryapp.com

 

BY USING OUR SITE AND APP YOU ACCEPT THESE TERMS

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

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

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • 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.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

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.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

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.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

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?

These terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

 

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.

 

 

Fair Use Policy

 

Our Terms

 

This policy applies to all Customers and Drivers who engage with each other for Driver Services via the DeliveryApp platform, whether via the App or Website.

  • All users of our Services agree to refrain from conspiring with each other to circumvent our terms of Service, or to act in any way which is not in the best interests of either the other party in a booking for Driver Services, or which seeks to circumvent or undermine DeliveryApp’s commercial interests as the facilitator of the Driver Services. This includes breaching any confidentiality, including but not limited to disclosure of operational agreements, route prices and pickup/drop off locations (unless already known). This is to ensure that the details of Service users on the DeliverApp platform will remain confidential and to avoid users of the Services engaging directly with each other in ways which could be detrimental to interests of all Service uses and DeliveryApp. Please note that any services performed in breach of this policy are not protected by the terms and conditions published by DeliveryApp to protect all users of its Services.
  • If this non-circumvention, non-disclosure agreement is breached, the breaching party can be sued for damages, forced to reimburse the innocent party for lost profits, and possibly held in contempt of court.
  • Drivers cannot accept then ‘re-sell’ Job Requests by way of sub-contracting, assignment or any other dealing.
  • Once a Driver has accepted a Job Request, they should only cancel the Driver Services as a last resort if they are prevented from performing the Driver Services by events outside their control, such as a vehicle breakdown or unexpected substantial traffic delays. We understand that under certain circumstances Drivers may need to withdraw their Driver Services (‘drop a job’), to enable DeliverApp to re-allocate the Job Request to another Driver, however DeliveryApp does not tolerate Drivers abusing the platform by repeatedly accepting Job Requests that they cannot reasonably fulfil then subsequently dropping them.
  • DeliveryApp operates a ‘three strikes and you are out’ policy for Drivers who are found to repeatedly breach this policy: Any Driver who cancels a Job Request more than an hour before the Driver Services are due to be performed (‘collection time’) three or more times [in any twelve month period] may be suspended from the DeliveryApp platform pending investigation. DeliveryApp reserves the right to terminate a Driver Membership for any Drivers considered to be in material breach of this Fair Use policy.
  • Repeatedly posting Job Requests and subsequently cancelling them creates disruption and can prevent bona fide Job Requests from being fulfilled. Any customers who are suspected of abusing this policy may be suspended from the DeliveryApp platform.
  • All users of the DeliveryApp platform agree not to discriminate against any other party using the Services on the basis on grounds of their race, gender or any other stereotype.
  • All users of the DeliveryApp platform agree to abide by a ‘respectful communications’ rule – aggressive or threatening language or behaviour towards Drivers or customers will not be tolerated and will result in suspension from the DeliveryApp platform.

 

 

Website Acceptable Use Policy

 

BACKGROUND

This acceptable use policy sets out the terms between you and us under which you may access our website.

PROHIBITED USES

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.

 

INTERACTIVE SERVICES

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.

CONTENT STANDARDS

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.

Contributions must:

  • 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.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • 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.

CHANGES

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

 

Our Terms

 

1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we supply services to you via our App and Website.

1.2 Why you should read them. Please read these terms carefully before you start to use the App, the Website, or register with us. By registering with us you indicate that you have read, understood and accept these Terms and Conditions, the App and Website Terms of Use, our Acceptable Use Policy, our Privacy Policy, Cookies Policy and Cancellation Policy and that you agree to be bound, without limitation or qualification to all of those terms.

1.3 Amendments. We may amend these Terms and Conditions from time to time by uploading such amended Terms to the App and/or sending out a copy such amended Terms to the email address you have provided to us.

 

2. INFORMATION ABOUT US AND HOW TO CONTACT US

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

2.2 What we do. We provide an online platform to connect suppliers of services with customers. By registering to use the App and Website you can submit Job Requests for Packages to be collected and delivered by Drivers and/or obtain information about Drivers who appear on the App and Website. You can register on the App or Website, but can only submit a Job Request on the App. We are not a provider of delivery services and at no time will a contract come into existence between you and us for the provision of delivery services. Any contract formed with a Driver will be solely between you and the Driver.

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

2.4 How we may contact you. If we have to contact you we will do so by writing to you at the email address provided when you register with us.

 

3. DEFINITIONS AND INTERPRETATION

3.1 In this agreement, unless the context requires otherwise:

App means the DeliveryApp mobile application;

Cancellation Policy means our rules that shall apply to both Customer and Driver on cancellation of Driver services as amended from time to time;
Complaint Policy means our complaints policy that will apply upon receipt of any complaint from a Customer, as amended from time to time
Customer means a business, an individual or consumer requesting information or the provision of services from the Driver;
Driver means the person or company advertising its services on our App or Website;
Driver Services means the courier services, delivery services or vehicle and driver hire services provided to you by a Driver, which could include any of the following:

  • collecting and dropping a Package from one location to another
  • collecting multiple Packages and dropping them at multiple delivery locations
  • the unspecified use of a vehicle and Driver for a fixed period of time, with instructions to be provided to the Driver at the start of the hire period;

Force Majeure means an event or sequence of events beyond reasonable control preventing the Seller or Us delaying from performing the obligations under this Agreement save that an inability to pay is not a Force Majeure event;

Job Request means you’re placing on the App a request for the services of a Driver;

Package means the package(s) that you specify for collection and delivery in a Job Request on the App by a Driver;

Registration means your registration with us to allow you to access the Platform provided by us;

Services means the services provided by Us, permitting you access to the App/Website which allows you to connect with Drivers;

Stripe means our third party payment processing agent;

Platform means the services provided using this Website;

Website means https://www.deliveryapp.com/

You/Your means the individual or company accepting these Terms.

Writing or written shall include emails.

 

4. REGISTERING AND REQUESTING DRIVER SERVICES

4.1 You can register an account on the App or Website and will be provided with a 4-digit verification code. Once you have verified the code, you can then set up Job Requests for Drivers to accept. If you do not register an account, you will still be able to upload a Job Request and checkout as a guest.

4.2 All information provided to us must be accurate and we reserve the right to refuse to accept your registration or to suspend or deny access to the App or Website if you breach of the terms set out in this Agreement.

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

4.4 When submitting a Job Request, you will be required to complete an application form which will set out the date and locations where Driver Services are to be provided, specific delivery
instructions and any issues that hinder the delivery of a Package, such as road width restrictions, access restrictions steps, etc.

4.5 You, or anyone who you provide with access to your account, are solely responsible for the accuracy of the weight and/or measurements that you place on the Job Request, together with the information required on the posting form as set out in clause 4.2. If you make any mistakes on the Job Request, and the Driver Services cannot be completed as a result, you will still be charged the full cost of the Driver Services.

4.6 If your Job Request fails to specify the full Driver Services required by you at the time of Job Request, you may be charged for any additional charges incurred, including but not limited to Handballing Charges and/or Waiting Time Charges, after completion of the Driver Services.

 

5. YOUR CONTRACT WITH THE DRIVER

5.1 DeliveryApp is not a courier and does not provide delivery services. Delivery/courier services are provided to you under a contract between you and the Driver (“Delivery Contract”).

5.2 A Delivery Contract is formed between you and a driver when the Driver accepts your request for deliver services either via the Website or the App.

5.3 DeliveryApp is not a party to the Delivery Contract and acts as an agent for the Driver in communicating the Driver’s agreement to enter into the Delivery Contract.

5.4 By becoming a member of our App or Website, Drivers warrant to us that that are acting as a trader, i.e. that they acting in the course of a business, trade or profession and therefore where you enter into a Delivery Contract as an individual (i.e. not acting in the course of business) all applicable consumer legislation shall apply to the Delivery Contract.

 

6. INSURANCE

6.1 We will procure that every Driver has goods in transit insurance with a limit of at least £5,000 for cars and £10,000 for commercial vehicles.

6.2 When placing your Job Request, you have the option of specifying the value of the Package. If a value for your Package is specified, your Job Request will only be available to Drivers who have an appropriate level of insurance and the liability of the Driver to you for loss, misdelivery or damage to the Package shall not exceed this value which you have specified.

6.3 If a value for your Package is not specified, then your Package will be covered for the limit specified in clause 6.1 above, and the liability the Driver to you for loss, misdelivery or damage to the Package shall not exceed this amount.

 

7. CANCELLATION OF DRIVER SERVICES

7.1 Cancellation fees may apply from the point your Job Request is accepted by a Driver offering to perform the Driver Services. Please read our Cancellation Policy for full details.

7.2 Please note that even where you are entering into a Delivery Contract as an individual the cooling off period provided for under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 shall not apply.

7.3 If the Driver Services constitute the unspecified use of a vehicle and Driver for a fixed period of time, with instructions to be provided to the Driver at the start of the hire period, then the Driver shall be entitled in their absolute discretion to cancel the Driver Services immediately upon receipt of these instructions.

 

8. PAYMENTS AND CHARGES

8.1 Payments can be made by debit or credit card and all payments will be processed by Stripe.

8.2 Payments must not be made directly to Drivers.

8.3 We will hold all payments that are due to Drivers until the Package has been delivered and signed for or the Driver has provided us with other reasonable evidence that the Package has been delivered.

8.4 We have no control over any transaction charges set by either your payment provider or our payment provider (and we will deduct from your payment any charges that we incur).

8.5 In the event that a customer requires assistance with loading/unloading the Package from/to the Driver’s vehicle Handballing Charges will apply. For a Small Van, Medium Van, Large Van, and Extra Large Wheel Base Van the Handballing Charge for this is £15 per hour of the Driver’s time that is required to load/unload the Driver’s vehicle. For a Luton Van the Handballing Charge for this is £20 per hour of the Driver’s time that is required to load/unload the Driver’s vehicle.

8.6 In the event that the Driver is required to wait at the Pick Up/Delivery destination longer than 30 minutes for the Package to be loaded/unloaded to/from the Driver’s vehicle, then Waiting Time Charges will apply. For a Small Van, Medium Van, Large Van, and Extra Large Wheel Base Van the Waiting Time Charge is £15 per hour. For a Luton Van the Waiting Time Charge is £20 per hour.

8.7 The price you agree to pay when you complete your Job Request will include any additional charges which may be incurred by the Driver based on the details of your request, including but not limited to road tolls, congestion charges, and clean air zone charges. These additional charges will be payable even if the Driver Services are performed without these costs being incurred, for example due to a change in route or as a result of the Driver’s vehicle being exempt. Please see our Pricing Policy for further details.

8.8 We reserve the right to charge You in full for any Job Requests made through the Platform up to any pre-agreed credit limit with the Customer holding the account, regardless of whether these have been approved in accordance with the Customer’s own internal purchase order or other approval process. DeliveryApp will not be liable to credit or reimburse any Charges for Driver Services fulfilled in response to any request made by You or anyone you allow to access your Customer account.

 

9. INFORMATION ON THE APP AND WEBSITE

9.1 We use our best endeavours to keep the information that we place on the App and Website as accurate as possible but we are under no obligation to update either.

9.2 We have no responsibility for information on the App or Website given by Drivers and we have no liability or responsibility as to the accuracy, reliability or completeness of any information on the App or Website.

9.3 We do verify the identity of the Drivers registered with us but we make no warranties in regard to the services they provide, nor have we vetted the services they provide. We do not verify the accuracy or truth or completeness of, and shall not be liable for and accept no responsibility for any information presented including, but not limited to, information presented by Drivers, liability regarding any connections made directly with Drivers, or any circumstances that may arise from your use of the App or Website.

9.4 We reserve the right to withdraw or amend the Service provided on the App or Website without notice. We shall not be liable if for any reason our App or Website is not available at any time or for any period. From time to time, we may restrict access to some parts of the App or Website, or the entire App or Website, if required. We aim to update the App and Website regularly and may change the content at any time. We may therefore have to suspend access to the App or Website, or close them if necessary.

9.5 You are responsible for making all arrangements necessary for you to have access to the App and Website and for ensuring that all persons who access the App or Website through any device which is owned by you or for which you are the registered user, are aware of these Terms and that they comply with them. In order to use the App and Website properly, you must have the necessary hardware, software and reliable internet access, none of which is our responsibility and is your entire responsibility.

9.6 We cannot guarantee that the services on the App or Website will be uninterrupted or will achieve particular results, or the integrity or security of data contained therein, except to use its reasonable endeavour to rectify faults if they do occur.

9.7 By using the App or Website, you represent and warrant that: (i) you either are the sole and exclusive owner of all content you upload to the App or Website (“User Content”) or you have all rights, licenses, consents and releases necessary to grant DeliveryApp the license to the User Content to be advertised on the App or Website; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor DeliveryApp’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

9.8 You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by DeliveryApp in its sole discretion, whether or not such material may be protected by law. DeliveryApp may, but shall not be obligated to, review, monitor, or remove User Content, at DeliveryApp’s sole discretion and at any time and for any reason, without notice to you.

 

10. LINKS TO DRIVERS OR OTHER WEBSITES

10.1 Any links provided on the App or Website to other websites are not intended to provide an endorsement by us and we will have no liability or responsibility for the content contained therein or those websites whatsoever.

 

11. LIMIT OF RELATIONSHIP

11.1 We are not liable for any information given on the App or Website or directly to you by a Driver or for any goods or services (lack thereof or failure to meet legal requirements) provided by a Driver.

11.2 We do not provide any of the services listed by Drivers on the App or Website.

11.3 By using the App and Website and/or registering to use the App or Website, you agree and accept that no legal relationship is created between you and a Driver.

11.4 We make no representations or guarantees as to the services being offered or advertised by Drivers. We carry out simple identification verification and insurance checks and then simply allow Drivers to use our App and Website to advertise services, and for Customers to use the App and Website to contract to pay for those services from Drivers. We do not vet the services provided by individual Drivers nor do we recommend or endorse them.

11.5 All of the Drivers using our App and Website have given a warranty that they will provide their services in accordance with their obligations under laws applicable to the United Kingdom in which the services are provided but we do not verify that information and therefore we give no guarantee or warranty in that regard.

 

12. TERMINATION

12.1 We may suspend or permanently terminate your use of the App or Website if you breach any of the provisions of the terms set out in this Agreement.

12.2 You may terminate this Agreement at any time by contacting us using our contact details on our Contact Page and we will delete your registration details and all details that we hold on you from our database.

 

13. LIMIT OF LIABILITY

13.1 To the extent permitted by law, we have no liability whatsoever relating to the information on the App and Website, or the services advertised by, and provided by Drivers.

13.2 To the extent permitted by applicable law, DeliveryApp will not be liable to you in any way (whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for:

(a) any request for Delivery Services that has not been accepted;
(b) any loss, damage, costs, expenses or liability suffered by anyone other than you in connection with your use of the App or Website;
(c) any losses that could not reasonably be expected to result from our negligence or breach of these Terms and Conditions;
(d) any loss of profits, loss of revenue, loss of opportunity, loss of business or employment (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms and Conditions); or
(e) any other loss, damage, costs, expenses or liability that you suffer in connection with the Services, save to the extent that DeliveryApp fails to perform its obligations to you to the standard of a diligent and professional provider of the relevant services.

13.3 If DeliveryApp is liable to you in connection with the Services, where permitted by law, its liability will be limited to an amount equal to £250 in aggregate.

13.4 Nothing in these Terms and Conditions will limit or exclude DeliveryApp’s liability to you for personal injury or death caused directly by DeliveryApp’s negligence.

 

14. FORCE MAJEURE

14.1 We will not be liable if we are prevented or delayed in performing our obligations under these terms due to Force Majeure.

 

15. YOUR INFORMATION

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

 

16. COMPLAINTS

16.1 We hope that you will be happy with the service provided within our App or Website however, if you do have any complaints regarding the Services we provide then please contact us in writing in the first instance using our contact page.

16.2 If you have any complaints relating to Driver Services then please contact us directly in writing in the first instance using our contact page.

16.3 All complains notified to us in accordance with this clause will be handled in accordance with our Complaints Policy.

 

17. OTHER IMPORTANT TERMS

17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.

17.2 Nobody else has any rights under this contract. These Terms are between you and us. No other person shall have any rights to enforce any of its terms.

17.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

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

17.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

 

 

 

Driver Terms and Conditions

 

Our Terms

1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we supply services to you via our App and Website.

1.2 Why you should read them. Please read these terms carefully before you start to use the App, the Website, or register with us. By registering with us you indicate that you have read, understood and accept these Terms and Conditions, the App and Website Terms of Use, our Acceptable Use Policy, our Privacy Policy, Cookies Policy and Cancellation Policy and that you agree to be bound, without limitation or qualification to all of those terms.

1.3 Amendments. We may amend these Driver Terms from time to time by uploading such amended Driver Terms to the App and sending out a copy such amended Driver Terms to the email address you have provided to Us. If You object to any amended Driver Terms, you may terminate your Driver Membership in accordance with clause 10 of these Driver Terms.

 

2. INFORMATION ABOUT US AND HOW TO CONTACT US

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

2.2 What we do. We provide an online platform to connect suppliers of services with Customers. The Customer is a business or consumer who uses the App or Website to contact Drivers and/or request Driver services. We have agreed that we will allow you to use our App and Website to connect with Customers requesting delivery services. You acknowledge that by entering into a Services Contract you are entering into a contractual relationship with the Customer and that DeliveryApp is at no time a party to your contract with the Customer.

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

2.4 How we may contact you. If we have to contact you we will do so by writing to you at the email address provided when you register with us.

 

3. DEFINITIONS AND INTERPRETATION

3.1 In this agreement, unless the context requires otherwise:

Advertising means your placing of any information on our App or 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 Policy means the rules that will apply to both Customer and Driver on the cancellation of Driver services, as notified by us to you from time to time;
Complaint Policy: means our complaints policy that will apply upon receipt of any complaint from a Customer, as amended from time to time;
Customer means a business, an individual or consumer requesting information or the provision of services from the Driver;
Driver means 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 Services means the courier or delivery services provided by you to a Customer;

Driver membership means the access that you will have to our Services, the App and the Website when you create an account with us which is subsequently verified and approved;

Fees means the amount of commission you agree to pay us for each successfully completed transaction;

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;

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;

Services means, permitting the Driver access to the App/Website which allows the Driver to connect with Customers requiring courier services;

Services Contract means the contract that the Driver enters into with the Customer;

Stripe means our third-party payment processing agent;

Successfully Completed Transaction means when a Customer has confirmed that the Services Contract has been completed by submitting proof of delivery through the App or via the Website and payment has been made by the Customer;

Website means https://www.deliveryapp.com

Writing or written shall include emails.

 

4. SUPPLY OF SERVICES

4.1 DeliveryApp will make the Services available to the Drivers with a Driver Membership.

4.2 During the Term of the Driver Membership 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.

4.3 DeliveryApp does not guarantee the availability of the App or Website and the Driver acknowledges that the App Or Website may be unavailable at any time and for any reason (e.g., due to scheduled maintenance or network failure). Further, the App or Website may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, and DeliveryApp are not responsible for any delays, delivery failures, or other damages, liabilities or losses resulting from such problems.

4.4 DeliveryApp shall supply payment collection services as outlined in clause 5.

 

5. PAYMENT AND PAYMENT SERVICE

5.1 The Driver hereby appoints DeliveryApp as the Driver’s limited payment collection agent solely for the purpose of:

(a) accepting payment via Stripe of the charges payable by the Customer in consideration for fulfilment of the Services Contract; and
(b) transferring to the Driver the charges payable by the Customer in consideration for fulfilment of the Services Contract, less the retained Fees and any other monies due to us.

5.2 The Driver agrees that payment collected by DeliveryApp on the Driver’s behalf will be considered the same as payment made directly to Driver and shall satisfy the Customer’s obligation to make payment.

5.3 By accepting these Driver 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.

5.4 Payments from Customers must not be accepted by Drivers directly and must be made by the Customer via our payment service.

5.5 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) 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.

5.6 In most circumstances we will pay Drivers for Driver Services performed, less the applicable Transaction Fees, within 7 days of the Driver Services being completed. We reserve the right to suspend payment to Drivers pending investigation of a complaint – see our Complaints Policy for more details.

5.7 No payments will be made until you provide us with evidence that the Package has been successfully delivered, which will include a signature from the recipient and a picture of the item successfully delivered.

5.8 Drivers accept that we have no control over any transaction charges made by Stripe.

 

6. DRIVER MEMBERSHIP

6.1 Drivers must be over the age of 18 and have an address in the United Kingdom to have a Driver Membership with us.

6.2 Upon completion of a Driver Membership request form, we will ask you to provide us with verification information regarding your business (“Verification Information”). 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 check code.

6.3 All Drivers shall hold and provide evidence of the following as part of the Verification Information:

(a) Valid Driving Licence and Driving License Information (front and back of Licence)
(b) Proof of Address via a bank statement or utility bill less than 3 months old
(c) Proof of Right to Work in the UK, either from a third party provider or a Right to Work Check Code
(d) Satisfactory Disclosure and Barring Service (DBS) check
(e) Satisfactory biometric test, either via a third party provider or completed via video call with DeliveryApp
(f) Vehicle Insurance for the vehicle with Hire and Reward for carriage of goods limitations
(g) Goods in Transit insurance with a limit of at least £5,000 for car owners/drivers and £10,000 for commercial vehicle owners/drivers
(h) Proof of Public Liability insurance
(i) Proof of vehicle ownership; either
(i) A copy of the V5 for a vehicle owned by the Driver, or
(ii) A copy of the lease or rental agreement, or
(iii) Evidence that the Driver shares the same primary residential address as the vehicle owner and authority to drive the vehicle

6.4 Where you are agreeing to these terms on behalf of a fleet business, you must also sign and agree to the terms of our separate fleet declaration which will be provided to you (Fleet Declaration).

6.5 The submission of a driver membership request form will constitute an offer by you to use the Services on the terms of this Agreement in accordance with these Driver Terms.

6.6 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:

(a) our written acceptance of the request; or
(b) our supplying the Services or notifying you that we have commenced supply of the Services (as the case may be).

6.7 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.

6.8 We may request Verification Information at any time during the Term of your Driver Membership.

6.9 The Driver understands and accepts that, part of the services we provide to Customers is the ability for Customers to be able to track the Driver when the Driver is completing a Customer request for services. Therefore, by submitting a Driver Membership request form, the Driver hereby consent to our transmission, collection, retention, maintenance, processing and use of your location data and queries to provide the services 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.

6.10 We are engaging with you under these terms either as an individual or as a company which employs the Drivers carrying out the Driver Services. We do not enter into any arrangements with Drivers who may be engaged through an intermediary Personal Service Company (as defined by s.51, Chapter 8, Part 2 of the Income Tax (Earnings & Pensions) Act 2003), requiring Us to carry out an IR35 employment status review.

 

7. DELIVERY OF SERVICES

7.1 Once a Driver Membership request has been approved, the Driver will usually be able to connect with Customers place Advertisements on the App and Website within 24 hours but time is not of the essence.

7.2 If the Driver breaches any of the terms of this agreement We may at our sole discretion:

(a) terminate this agreement;
(b) refuse to accept any subsequent Driver Membership requests from the Driver; and
(c) recover from the Driver all losses, damages, costs and expenses incurred by us arising from the Driver’s default.

7.3 We will not be liable for any delay in or failure of delivery to the extent caused by:

(a) 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
(b) a Force Majeure event.

7.4 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.

7.5 Drivers must notify DeliveryApp of the successful completion of the Driver Services in connection with each and every Job Request accepted AS SOON AS PRACTICABALLY POSSIBLE following completion/delivery by closing the Job Request with proof of delivery. Timely notification of proof of delivery is a condition of each Successfully Complete Transaction, therefore any failure or delay in doing so may result in negative Driver reviews on the DeliveryApp platform, and/or delays in releasing payment to the Driver.

7.6 All delivery costs that will be paid by Customers are pre-determined and listed on the App.

 

8. DELIVERYAPP WARRANTIES

8.1 DeliveryApp warrants that the Services delivered by Us will be supplied with reasonable skill and care.

8.2 We will not be liable for any failure of the Services to comply with clause 8.1:

(a) where such failure arises by reason of the Driver’s wilful damage or negligence; or
(b) 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;
(c) to the extent caused by us following any specific requirement of the Driver in relation to the Services;
(d) to the extent caused by us changing our host server.

8.3 We will comply with all UK applicable laws, standards and good industry practice in the supply and delivery of the Services.

 

9. DRIVER WARRANTIES

9.1 The Driver warrants that they/he/she:

(a) is acting as a trader i.e. that you are acting in the course of a business, trade or profession.
(b) will 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.
(c) will ensure that Customers are fully aware of any of the Driver’s own terms and conditions, operating times, etc.
(d) will ensure that it complies with all national Codes of Practice including Codes of Conduct laid down by the British Code of Advertising Practice.
(e) will 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 Customers are entering when using the App, the Website, and our Policies.
(f) will notify us promptly of any unauthorised use of the Driver’s account details or the Website.
(g) will 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.
(h) will be solely responsible for providing and maintaining all computer equipment and software necessary for the Driver to access the Service.
(i) will 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;
(j) 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.
(k) will ensure that all information that the Driver inputs into the App or Website or makes available via the App or Website for Customers is true and accurate and 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 libellous 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.
(l) will follow a formal complaints procedure in accordance with our Complaints Policy, will inform us within 2 days of the receipt of any complaint, and shall keep us regularly appraised of the status of the complaint.
(m) will 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.
(n) will 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.
(o) will 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.
(p) will act in good faith at all times in accepting the Services and fulfilling a Service Contract with each and every Customer for the mutual benefit of both parties under this Agreement. In the course of providing the Services, the Driver will come to know of or be introduced to third parties they did not know of or had not met before. The Driver undertakes not to make any direct approach to these third parties without Our express permission in advance, for the purpose of procuring and providing the same or similar services to those set out in any Service Contract. In the event of any circumvention or attempted circumvention of this agreement, directly or indirectly, we will be entitled to claim or deduct a financial penalty equal to the Fee we should have realised from providing the Service, plus any and all expenses including but not limited to all legal costs and expenses incurred to recover the lost revenue, from any Fees due to the Driver. If the Driver is found to be or suspected of circumventing or attempting to circumvent Our commercial interests during the term of the Services provided under this Agreement, we reserve our rights to suspend or determine the Driver Membership pending further investigation, or permanently in the event of a proven breach of this warranty.

9.2 Where You are entering into these Terms and also a separate Fleet Declaration as a manager of a business which will employ other drivers to perform the Driver Services, you warrant that you will ensure all drivers performing Driver Services will receive adequate information and training in order to comply with these Terms in all material respects at all times

 

10. FEES

10.1 The Driver will pay to us commission at the prevailing agreed rate of the Successfully Completed Transaction or the Fees that are applicable (and may be subject to change) as can be found in our Commission Policy 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.

10.2 We reserve the right to amend the Driver Fees from time to time and the amended rates will apply to all Successfully Completed Transactions from the date of amendment.

10.3 The Fees are inclusive of VAT which will be added at the prevailing rate at the date of payment.

 

11. INTELLECTUAL PROPERTY RIGHTS

11.1 All rights, title and interest in and to DeliveryApp, any software we provide for your use and any other materials we provide to you under or in connection with these terms are and shall at all times remain DeliveryApp’s intellectual property (DeliveryApp IP). We grant you a limited, non-exclusive, non-transferrable, non-sublicensable, revocable licence to use the DeliveryApp IP during the Term for the sole purpose of using the Services.

11.2 You must not (and shall not permit any third party to):

(a) copy, adapt, reverse engineer, decompile, modify or make error corrections to any DeliveryApp IP other than with our express prior written consent; or
(b) breach, disable, tamper with, or develop or use any workaround for any security measure in any DeliveryApp IP or otherwise do anything that disrupts any DeliveryApp IP, DeliveryApp or any person.

11.3 You grant us and our affiliates a non-exclusive, royalty-free licence to use your branding which includes your logos, name and website address(es) for the Term. You warrant and undertake that your branding does not and will not infringe any third-party Intellectual Property Rights. We can use your branding on the Platform, for marketing purposes and as reasonably necessary to provide the Services.

11.4 Except for these limited licences:

(a) we retain ownership of and all rights in and to DeliveryApp branding; and
(b) you retain ownership of and all rights in and to your branding.

11.5 We may collect data about your use of Services. By using the Services you agree to us collecting and using this information. We may use this information for various purposes, including to improve, maintain, protect and develop our products, and to provide Services to you.

 

12. DATA PROTECTION

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

 

13. LIMITATION OF LIABILITY

13.1 To the extent permitted by applicable law, DeliveryApp will not be liable to you in any way (whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for:

(a) any theft or loss of your or any other person’s property in connection with the Services or any booking accepted by the Driver;
(b) any booking that has not been accepted;
(c) any loss, damage, costs, expenses or liability suffered by anyone other than you in connection with your use of the App or Website;
(d) any losses that could not reasonably be expected to result from our negligence or breach of these Driver Terms;
(e) any loss relating to your business or the business of your employer or any other person;
(f) any loss of profits, loss of revenue, loss of opportunity, loss of business or employment (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Driver Terms); or
(g) (any other loss, damage, costs, expenses or liability that you suffer in connection with the Services, save to the extent that DeliveryApp fails to perform its obligations to you to the standard of a diligent and professional provider of the relevant services.

13.2 If DeliveryApp is liable to you in connection with the Services, its liability will be limited to an amount equal to the total Fees paid by the Driver in the preceding 3 months.

13.3 Nothing in these Driver Terms limits any liability which cannot legally be limited, including but not limited to liability for:

(a) Death or personal injury caused by negligence; or
(b) Fraud or fraudulent misrepresentation.

 

14. INDEMNITY

14.1 The Driver shall indemnify, defend (at DeliveryApp’s option) and hold harmless DeliveryApp and their respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including legal fees), damages, penalties, fines, social security contributions and taxes arising out of or related to: (a) the Driver’s breach of its representations, warranties or obligations under these Driver Terms; or (b) a claim by a third party (including Customers, regulators and governmental authorities) directly or indirectly related to Driver’s provision of services.

14.2 In the event that either party receives notice of any Claim that affects the other party to this Agreement, it will:

(a) notify the other in writing as soon as reasonably practicable;
(b) 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);
(c) 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
(d) provide each other with all reasonable assistance in relation to the Claim (at the Driver’s expense).

 

15. TERMINATION

15.1 During the Term this Agreement may be terminated:

(a) by us where there is a breach of this Agreement by us 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
(b) 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.

15.2 The following clauses of this Agreement will survive termination, howsoever caused:

  • clause 13 (limitation of liability);
  • clause 14 (indemnity);
  • clause 15 (termination);
  • clause 18 (restrictions);
  • clause 20 (other important terms).together with any other provision of this Agreement which expressly or by implication is intended to survive termination.

 

16. CONFIDENTIAL INFORMATION

16.1 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.

16.2 A party may:

(a) 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 16 as if it were a party;
(b) 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
(c) Use Confidential Information only to perform any obligations under this Agreement.

16.3 Each Party recognises that any breach or threatened breach of this clause 16 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.

 

17. FORCE MAJEURE

17.1 A Party will not be liable if delayed in or prevented from performing its obligations due to Force Majeure, provided that it:

(a) Promptly notifies the other of the Force Majeure event and its expected duration; and
(b) Uses reasonable endeavours to minimise the effects of that event.

17.2 If, due to Force Majeure, a party:

(a) Is or will be unable to perform a material obligation; or
(b) 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.

17.3 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.

 

18. RESTRICTIONS DURING AND AFTER THE TERM

18.1 For the purpose of this clause18 the following definitions shall apply:

Restricted Driver: any present Driver or any person or firm who was a Driver 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 App or Website as a Customer, whether that Customer used the services of any Driver;

Restricted Person: any employee of DeliveryApp.

Termination: the termination of the Agreement howsoever caused.

18.2 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:

(a) enter into any direct agreement with any Restricted Customer with a view to providing services to that Restricted Customer in competition with us;
(b) endeavour to solicit 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.

18.3 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.

18.4 The Driver 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 18.2 of this Agreement.

 

19. NOTICES

19.1 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.

19.2 Any notice or communication shall be deemed to have been received:

(a) if delivered by hand, at the time the notice is left at the proper address;
(b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or
(c) if sent by fax or email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume.

19.3 This clause does not apply to notice given in legal proceedings, arbitration or other dispute resolution proceedings.

 

20. OTHER IMPORTANT TERMS

20.1 No set off. 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.

20.2 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.

20.3 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.

20.4 The Driver must not assign any of the rights or benefits under this agreement, or sub-contract any Driver Services to any third party.

20.5 Nobody else has any rights under this contract. These Terms are between you and us. No other person shall have any rights to enforce any of its terms.

20.6 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.

20.7 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.

20.8 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.

 

 

 

Data Protection & Security Policy

 

BACKGROUND

We are Deliver E Hub Limited (T/As DeliveryApp), 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 support@deliveryapp.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), we have a nominated data controller.

Data Protection Legislation: Any applicable laws relating to the processing, privacy and use of personal data, as applicable to DeliveryApp, the DeliveryApp platform, the Customer, the Driver and/or the Courier Services as applicable, including the UK Data Protection Act 2018 and the General Data Protection Regulation (EU) 2016/679 and/ or any corresponding or equivalent national laws or regulations.

SCOPE

This policy applies to any users of DeliveryApp’s (Deliver E Hub) services anywhere in the world, including any users of DeliveryApp’s (Deliver E Hub) apps, websites, features or other services. We will not use or share your data with anyone except as described in this Privacy Policy. We use your personal data for providing and improving the Service. By using the Service, you agree to the collection and use of data in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

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:

Registration

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.

E-mail

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 use cookies, web beacons/pixel tags, log files, and other technologies to collect certain information about users of our Service, use of our online services, and interactions with our emails and online advertisements. For example, through these means, we may collect your GPS location, browser type and operating system, viewed webpages, links that are clicked, IP address, sites visited before coming to our Site, emails we send that you open, forward, or click through to our Site. You can set your Internet browser settings to stop accepting new cookies, to receive notice when you receive a new cookie, to disable existing cookies, and to omit images (which will disable pixel tags). Note that the opt-out will apply only to the browser that you are using when you elect to opt out of advertising cookies. In addition, we may use third party services such as Google Analytics, Google Tag Manager, Google AdWords & HotJar that collect, monitor and analyse this type of data in order to increase our Service’s functionality. These third-party service providers have their own privacy policies addressing how they use such information.

Service Providers

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.

COOKIES

Our Site uses cookies to distinguish you from other users of our Site. This helps us to provide you with a good experience when you browse our website and also allows us to improve our Site. For detailed information on the cookies we use and the purposes for which we use them see our Cookie policy below.

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.

YOUR RIGHTS

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.

COOKIES POLICY

Our site uses cookies to distinguish you from other users of our Site. This helps us to provide you with a good experience when you browse our Site and also allows us to improve our Site. By continuing to browse the Site, you are agreeing to our use of cookies.

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.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

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.

 

 

Complaints Policy & Procedure

 

  • Driver complaints should be addressed in the first instance to operations team contactable at operations@deliveryapp.com
  • Customer complaints should in the first instance be addressed to the relevant regional Business Development Manager. If you do not know who the regional BDM is, please contact operations@deliveryapp.com with full details.
  • All complaints are handled in the strictest confidence
  • DeliveryApp will act impartiality in seeking to resolve complaints between Drivers and customers, and will reach a final decision solely at its discretion.
  • Any complaints or claims must be raised with [5] working days of the Diver Service being performed and must be made in writing to the addresses shown above.
  • Any payment of commission due to a Driver will be temporarily ‘suspended’ pending investigation of a complaint relating to the Driver Services performed.
  • Our maximum response time to a complaint raised in accordance with this policy is 48 hours
  • DeliveryApp seeks to resolve all complaints within [14] days of notification, where possible
  • Where a complaint is found in favour of the customer, full payment for the Driver Services of the relevant Job Request will be reimbursed and any Driver commission withheld.
  • DeliveryApp operates a ‘three strikes policy’ for Drivers for minor offences resulting in repeated complaints. Any Driver found to be at fault in connection with three complaints notified in accordance with this policy will be from the DeliveryApp platform and will no longer be able to accept Job Requests .
  • Drivers can be excluded from the DeliveryApp platform immediately, pending further investigation into cases deemed a potential serious breach of DeliveryApp’s terms or any of its policies.

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