Courier App Terms and Conditions for Couriers
Last updated: June 1st, 2023
You are entering into these terms and conditions (“Terms”) with Deliverect NV, a company incorporated under the laws of Belgium, with company number 0692.623.253, and with registered office at Foreestelaan 82, 9000 Ghent, Belgium (“Deliverect”). These Terms govern your use of Deliverect for couriers mobile application (“Courier App”). These Terms are effective as of the date on which they are accepted by you (by checking the acceptance box or by any other means of acceptance) (“Effective Date”).
License. By accepting these Terms, Deliverect grants you a limited, non-transferable, non-exclusive and revocable license to access and use the Courier App, in accordance with these Terms.
Scope and Relationship. Deliverect is a technology service provider of the restaurant or merchant that you provide delivery services to (“Merchant”). Deliverect makes the Courier App available to you at Merchant’s request. You acknowledge and agree that the extent of your relationship with Deliverect is limited to your access and use of the Courier App. You acknowledge and agree that in the performance of these Terms, Deliverect is no way providing you instructions or exercising any supervisory authority or control over you, or the way in which you chose to provide delivery services to the Merchant or the Customer (as defined below), as the case may be. You acknowledge and agree that the execution of these Terms and your use of the Courier App does not create a joint venture, partnership, agency, or employment relationship between you and Deliverect.
Account Creation and Onboarding. To use the Courier App you are required to create an account with Deliverect, and select a username and password (“Credentials”). The account creation process may also require you to disclose certain information, such as your name, phone number, and email address (“Account Details”). You acknowledge and agree that Credentials are confidential and cannot be shared with third pirates. You will immediately notify Deliverect if you believe or confirm that the confidentiality of the Credentials has been compromised. You are responsible for any activity occurring under your account. Deliverect reserves the right to request additional information and documentation from you, at any time, which you shall provide without undue delay. Failure to provide additional information may result in suspension of access to the Courier App.
Access to the Courier App. You acknowledge and agree that access to the Courier App may be suspended or revoked at any time without notice, including but not limited to when you breach these Terms, when the Delivery Agreement (as defined below) is terminated, if requested by the Merchant, or at Deliverect’s sole discretion.
Accepting Delivery Requests. If you choose to go online, the Courier App will allow you to see available delivery requests from the Merchant (“Delivery Request(s)”). If you accept a Delivery Request, additional information will be displayed for you in the Courier App, including but not limited to pick up and drop off locations, first name and first initial of the last name, and phone number of the Merchant’s customer (“Customer”), and estimated time and distance of the delivery service (collectively “Delivery Details”). Accepting a Delivery Request creates an obligation for you to provide a delivery service under the terms of the agreement executed between you and Merchant, and/or between you and Customer (as the case may be) (“Delivery Agreement”). Deliverect is not a party to the Delivery Agreement. For the sake of clarity, accepting a Delivery Request does not mean, in any way or form, that you are providing a delivery service, or any kind of service for that matter, to or on behalf of Deliverect. To improve the delivery experience of the Merchant and the Customer, the Courier App will prompt you to start the delivery, and indicate if you have picked up the order, if you have arrived at the drop off location, and if you have completed the Delivery Request.
Proof of Delivery. When made available by Deliverect, the Courier App will allow you to collect and submit a picture of the order at the moment of delivery (“Proof of Delivery”). Merchant may require you to collect and submit Proof of Delivery for every order. Failure to provide Proof of Delivery may have implications for you under the terms of the Delivery Agreement. Please contact the Merchant for additional information on this matter. You shall avoid disclosing special categories of Personal Data (as defined by the General Data Protection Regulation - GDPR) with Deliverect while uploading Proof of Delivery in the Courier App. If for any reason you disclose special categories of Personal Data, you represent and warrant that you have obtained consent from the data subject to process such data.
Canceling Delivery Requests. The Courier App will allow you to cancel accepted Delivery Requests. Canceling a delivery request might have implications for you under the terms of the Delivery Agreement. Please contact the Merchant for additional information on this matter.
Delivery Support. Merchant (not Deliverect) is responsible for providing you support for any issues related to the order placed by the Customer or the provision of the delivery services, including but not limited to handling safety or security incidents, issues with the items of the order, issues finding pick up or drop off locations, or issues in the interaction with the Customer. When made available by Deliverect, the Courier App will provide you with Merchant’s phone number so you can contact Merchant for any issues that require support.
Updates. You acknowledge and agree that Deliverect reserves the right to implement updates, modifications, enhancements and/or deprecation of the Courier App, or any part of it (“Updates”), at any time, and for any reason. You understand and agree that your access to the Courier App may be suspended or terminated if you don’t update it to its latest version.
Privacy.
Personal Data. Your access and use of the Courier App requires Deliverect to process certain Personal Data from you. For the purpose of these Terms “Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Use Cases. Deliverect will use your Personal Data for the sole purpose of: (a) facilitating account creation and authentication; (b) facilitating delivery services to Merchant or Customer (as the case may be), including sharing your data with third parties that provide services to Merchant; (c) responding to Merchant or Customer inquiries or support requests; (d) communicating with You. You acknowledge that none of the purposes set forth in this clause require you to disclose a special category of Personal Data (as defined in the General Data Protection Regulation - GDPR) to Deliverect.
Account creation and authentication. Deliverect is the controller (as defined in the General Data Protection Regulation - GDPR) in relation to processing the Personal Data that you disclose to Deliverect while signing up to the Courier App, including the Account Details.
Personal Data processed for the purpose of facilitating delivery services. While going online, using the Courier App, or during the provision of the delivery service, Deliverect has access to your geolocation. In order to enable You to provide delivery services to the Merchant or the Customer (as the case may be), and Your registration and login to the Courier App, Deliverect will also process your name and first initial of the surname, your email address, and your phone number (collectively “Your Data”). Deliverect is acting as a processor (as defined in the General Data Protection Regulation - GDPR) on behalf of the Merchant in relation to the processing of Your Data. Deliverect will use Your Data as per the instructions of the Merchant.
Delivery Details. Delivery Details include Personal Data from the Customer, and are shared with you through the Courier App under the instructions of the Merchant. Deliverect is the processor (as defined in the General Data Protection Regulation - GDPR) of the Merchant. You acknowledge and agree that you will only use Delivery Details for providing delivery services, and in any case, only as allowed under the terms of the Delivery Agreement. You shall not use personal data from the Customer in any way that violates Customer’s privacy, or in any way that breaches any applicable privacy laws and regulations, or the Delivery Agreement.
Courier App Privacy & Cookie Policy. You agree to the terms and conditions of Courier App Privacy and Cookie Policy available at www.deliverect.com/en/courier-app-privacy-notice.
Delivery Fee. You acknowledge and agree that the delivery fee for the provision of delivery services is paid to you by Merchant or Customer (not by Deliverect) as the case may be. Payments of the delivery fee will not be powered or processed through the Courier App. If allowed by Merchant, the Courier App will show you the list of completed deliveries, and the delivery fee for each one of them. This data is provided for informational purposes only. If you require official records, please request a copy of the information directly from the Merchant.
Right to Work. You represent and warrant that you have the legal right to work, which includes but is not limited to having valid and up to date permits, licenses, and migration documents, that are applicable in the country where you provide delivery services to Merchant or Customer (as the case may be).
Compliance. You represent and warrant that you will comply with all applicable laws and regulations in the provision of delivery services. You represent and warrant that you have the right to use the vehicle that you choose to use for the provision of delivery services, and that such vehicle complies with all applicable laws and regulations for the provision of delivery services.
Restrictions. You acknowledge and agree that you shall not, and shall not allow third parties to: (a) copy, duplicate, create derivative works from, frame or "mirror" the Dricer App or any part thereof on any server or wireless or internet-based device, republish, download, display, transmit, translate, distribute or create Internet “links” to all or any portion of the Courier App in any media or form; (b) modify, reconstruct, adapt, alter, reverse compile or reverse engineer, attempt to discover the source code or underlying algorithms user interface techniques or ideas, decompile, disassemble or otherwise reduce to human-perceivable form all or any part of the Courier App; (c) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make available any part of the Courier App to any third party; (d) access or use the Courier App or any part thereof to provide services to third parties, to build a competitive product or service or a product or service using similar ideas, features, functionalities, functions or graphics as the Courier App or any part thereof; (e) take any action in an attempt to cause malfunction, crash, tamper with or otherwise impair the Courier App or any part thereof; or (f) take any action that would cause the any information related to the Courier App to fall in public domain.
Fees. Access to the Courier App is provided free of charge. Deliverect reserves the right to introduce fees for the use of the Courier App by providing you with thirty (30) days written notice. Your continued use of the Courier App upon expiration of the notice period will be interpreted as express acceptance of the new fees.
Representations and Warranties. By signing or otherwise accepting these Terms, You represent and warrant that: (i) You have full power and authority to enter into these Terms and perform their obligations hereunder; (iii) You will comply with all applicable laws and regulations in their performance of these Terms and; (iv) You will provide and maintain up to date and accurate information with Deliverect (including the information that is associated to your account).
Disclaimer. Deliverect makes no representations, and hereby expressly disclaims all warranties, express or implied, statutory or otherwise, to the maximum extent permitted by applicable law, regarding the Courier App or any portion thereof, including any implied warranty of merchantability or fitness for a particular purpose, implied warranties arising from course of dealing or course of performance, performance, reliability, availability, accuracy or completeness. You acknowledge and agree that the Courier Appis provided “as is”. Deliverect does not warrant that the Courier App shall be uninterrupted, error-free or that it shall meet your specific needs, nor that the Courier App, or information provided by Deliverect under these Terms or in connection with the Courier App shall be free from viruses, harmful components, errors or defects (nor that the said shall be corrected), nor that the Courier App shall operate in combination with other services, hardware, software, system or data. Deliverect shall have no liability for the (in)correctness of any data provided to it under these Terms or for any malfunction of the Courier App.
Limitation of Liability. To the maximum extent permitted by the applicable law, in no event shall Deliverect be liable for any claim for any indirect, punitive, incidental, exemplary or consequential damages, for loss of business profit, or damages for loss of business of you, or third party, arising out of these Terms, or loss or inaccuracy of data of any kind, whether based on contract, tort or any other legal theory, even if Deliverect had been advised of the possibility of such damages. Deliverect's combined total cumulative liability of each and every kind under these Terms shall not exceed €500 (five hundred euros) or its equivalent thereof in local currency.
Governing Law and Dispute Resolution. These Terms shall be governed, construed, and interpreted in accordance with the laws of Belgium, without regard to its conflict of laws provisions. Disputes that relate to these Terms will in first instance try to be resolved through amicable resolution between the parties. If the parties fail to resolve the dispute, either party may file legal action against the other before the courts of Ghent, Belgium.
Changes to the Terms. Deliverect reserves the right to modify these Terms, for any reason, by providing you with thirty (30) days written notice.
Intellectual Property. These Terms do not intend and shall not bring or be construed to bring any change to the propriety of or licenses to any intellectual property of the Deliverect. You agree that you shall not, as a result of these Terms, be entitled to any claim with regard to any intellectual property to which, prior to the signing of these Terms, you were not entitled. Deliverect is and remains the exclusive owner of all its intellectual property relating to its products and services including, but not limited to, the intellectual property that underlies or is incorporated, included or used in the Courier App, websites, or software.
Confidentiality. If you have access to Confidential Information from Deliverect in the performance of these Terms, you agree that you will not disclose it to any third parties, or use it in any way other than as necessary to perform your obligations under these Terms. You will not, and will not authorize others to, remove or deface any notice of copyright, trademark, logo, legend, or other notices of ownership from any originals or copies of the Confidential Information. The foregoing prohibition on use and disclosure of Confidential Information will not apply to the extent: (i) Deliverect has authorized such use or disclosure and (ii) You are required to disclose certain Confidential Information as a matter of law or by order of a court, provided that you give Deliverect prior written notice of such obligation to disclose (to the extent legally permissible) and reasonably assist in obtaining a protective order prior to making such disclosure. Upon expiration or termination of these Terms and as requested by Deliverect, you will deliver to Deliverect (or destroy at the Deliverect’s election) any and all materials or documents containing Deliverect’s Confidential Information, together with all copies thereof in whatever form. Deliverect makes no representation or warranty that Confidential Information is complete or accurate; all Confidential Information is provided "as is". “Confidential Information” means any confidential, proprietary or other non-public information disclosed by Deliverect whether disclosed verbally, in writing, or by inspection of tangible objects. Confidential Information will not include information that (a) was previously known to you without an obligation of confidentiality; (b) was acquired by you without an obligation of confidentiality from a third party with the right to make such disclosure; or (c) is or becomes publicly available through no fault of you.
Term and Termination. The term of these Terms is open ended, and starts counting from the Effective Date. Either party may terminate these Terms at any time, for any reason, by providing written notice. You may stop using the Courier App at any time, for any reason, and without notice. If you stop using the Courier App your account will not be deleted, and Deliverect will retain Your Data pursuant to Deliverect’s retention policy. Upon termination of these Terms: (a) You will lose access to the Courier App and all the data therein; and (b) Your Data will be deleted by Deliverect in accordance with Deliverect’s retention policy.
General.
Any notice to Deliverect should be provided at support@deliverect.com. Notices to you will be sent to the email address associated with your Deliverect account. Notice terms shall be calculated using calendar days.
Failure of either party to enforce, at any time or for any period of time, the provisions hereof, or the failure of either party to exercise any option herein, shall not be construed as a waiver of such provision or option and shall in no way affect that party’s right to enforce such provision or exercise such options.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the remainder of these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable (part of the) provision with a (part of a) provision that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable (part of the) provision, given the content and purposes of these Terms.
You may not assign or transfer these Terms or any of its rights or obligations hereunder, in whole or in part, without the prior written consent of Deliverect. Deliverect reserves the right to assign these Terms or any of its rights and obligations hereunder, in whole or in part, without written notice to You, to any of its Affiliates or to any third party.
These Terms contain the full and complete understanding and agreement between the parties. Unless otherwise stated herein, these Terms supersede all prior understandings and agreements, whether oral or written executed between you and Deliverect.
The parties acknowledge that there are no third-party beneficiaries to these Terms. Nothing contained in these Terms is intended to or shall be interpreted to create any third-party beneficiary claims.