Deliverect logo

Deliverect for Couriers - Terms and Conditions for Restaurants

Last updated: July 10th, 2023

These terms and conditions (“Terms”) govern your use of “Deliverect for Couriers” services (“DFC”). DFC is an “Add-on”, as defined by Deliverect’s terms of service available at www.deliverect.com (“General Terms”), and as such, these Terms are incorporated into the General Terms. References to specific sections of the General Terms in these Terms are made for clarification purposes - this does not exclude the applicability and enforceability of sections that were not specifically called out. 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”). If you are accepting these Terms on behalf of a third party, you represent and warrant that: (a) you have full legal authority and capacity to bind such third party under these Terms; (b) you have read and understood these Terms; and (c) you agree, on behalf of such third party, to these Terms. If you do not have the legal authority to bind such a third party, you must refrain from accepting these Terms on their behalf. 

  1. Scope. DFC is a service offered by Deliverect that allows you to digitalize your network of Couriers (as defined below), by giving them access to Deliverect’s courier app (“App”) which enables them to accept and provide delivery services to you and/or your customers (as the case may be). For the purpose of these Terms, “Courier(s)” means individuals who provide delivery services to you, or your customers (as the case may be). If you use DFC, a DFC icon will be displayed in your dispatch dashboard in front end. You are free to select which delivery requests are assigned to your Couriers in connection with DFC and the App, and which ones to assign to your third party delivery service providers. Deliverect may set rules that allow you to automatically route requests, which will take precedence over the manual process to do so. 

  2. DFC Fee. In exchange for the provision of DFC, Deliverect will charge you a transactional fee (“DFC Fee”) for each delivery request that is processed through the App. For the avoidance of doubt, a delivery request is considered to have been processed if it was sent through the App. Deliverect is not responsible for the provision of delivery services, therefore you acknowledge and agree that the DFC Fee is applicable even if the Courier failed to provide the delivery service after accepting the delivery request. The amount of the DFC Fee shall be separately agreed in a quote issued by Deliverect. The DFC Fee is non-refundable. Sections 12 and 15 of the General Terms are applicable to the DFC Fee. 

  3. The App. You acknowledge and agree that the App is the intellectual property of Deliverect, and that entering into these Terms does not change that. Deliverect makes the App available to the Couriers at your request. You are responsible for prompting Couriers to download, install, and update the App. You acknowledge and agree that the performance of the App may be diminished if Couriers do not use the latest version of the App.

  4. Provision of Delivery Services. You or the Couriers (as the case may be) are responsible for the provision of delivery services to your customers. You are responsible for providing support to both Couriers and your customers. For the avoidance of doubt, you acknowledge and agree that Deliverect is in no way responsible for the provision of delivery services, or for the provision of support to Couriers or your customers. 

  5. Relationship with Couriers. You acknowledge and agree that Deliverect’s relationship with Couriers is limited to granting them a license to use the App at your request. Deliverect is not the employer or contractor of the Couriers. For the sake of clarity, you own the relationship with Couriers in respect of their provision of delivery services. Deliverect is not a party to that relationship, therefore bears no responsibility or liability for the way in which delivery services are provided, or for any acts or omissions of the Couriers. 

  6. Courier Data. Deliverect processes Courier Data (as defined below) under your instructions. Deliverect is your processor of Courier Data. Courier Data is processed and shared with you for the sole purpose of facilitating the provision of delivery services to you or your customers (as the case may be). Further information on how Deliverect processes Courier Data can be found at www.deliverect.com/en/courier-app-privacy-notice. For the purpose of these Terms, “Courier Data” means courier profile information (which includes but is not limited to first name and first initial of the last name, email address, and phone number), and geolocation. 

  7. Compliance. You represent and warrant that you are complying, and will continue to comply with all applicable regulations in respect of: (a) Your relationship with Couriers, including but not limited to employment, right to work, modern slavery, and human rights laws and regulations; (b) Your use of Courier Data, including but not limited to all applicable privacy laws and regulations; (c) The provision of delivery services, including but not limited having the applicable licenses and permits to provide delivery services, sell and deliver alcoholic beverages, and ensure that the vehicles used for the provision of delivery services meet all the legal requirements, and; (d) Your tax obligations. 

  8. Indemnification & Limitation of Liability. Sections 30 and 31 of the General Terms are applicable to these Terms. Section 7 of these Terms will be considered as a representation and warranty from you to Deliverect. 

  9. Governing Law and Jurisdiction. Section 32 of the General Terms applies to the governing law and jurisdiction of these Terms.