DELIVERYOU INDEPENDENT COURIERS MINIMUM STANDARDS

At DeliverYou, we strive to be a responsible business. In the same way, we expect our independent couriers to run their businesses responsibly. This being the case, we have introduced certain minimum standards as set out below (the "Minimum Standards") which anyone aspiring to operate on the DeliverYou Courier Network must be able to meet at all times. Given that you wish to operate on the DeliverYou Courier Network, you must be able to meet the Minimum Standards. They are a key term of our contractual relationship with you.

If you are not able to comply with the Minimum Standards, either now or in the future, you cannot become or continue to be a courier with DeliverYou.

Capitalised terms below have the same meaning as those in the Terms (set out at page 3 onwards) and we may update or vary these Minimum Standards in the future. If we do, we'll let you know by sending you a notification and posting an updated version of these Minimum Standards via the DeliverYou Courier Portal.

 

Personal standards

You must:

• for motor vehicle self-employed food deliveries be over 21 years of age (25 years of age for 3rd party food deliveries);
• have the right to work in Jersey;
• be polite and respectful when performing the Services;

 

Driving standards (if applicable)

You must:

• hold a driving licence which permits you to drive in Jersey;

• inform us immediately if you are disqualified or suspended from driving; and

• have Valid Food Delivery Insurance Cover in place to cover your vehicle. It is your responsibility to notify your vehicle insurer, so that it is noted on your policy, that you are in business as a food delivery courier delivering food

  Any vehicle to be used for deliveries must:

• be registered in Jersey

• be in good condition and roadworthy; and

• conform to all vehicle laws relating to safety, insurance and operational capability.

 

Equipment standards

You must:

• have access to a smart phone operating on iOS or Android platforms;

• download and keep updated our mobile application which is required for you to perform the Services;

 

Independent Contractor standards

Our model is based on you enjoying the freedom and flexibility that comes with self-employment. To this end, you acknowledge and agree that you:

• are a self-employed independent contractor at all times and are under no obligation to provide Services to us;

• are not an employee or a worker;

• do not have any entitlement to receive wages, salary, holiday pay, other paid leave or statutory sick pay from us.

 

COURIER AGREEMENT

These terms and conditions (the 'Terms') constitute a legally binding agreement between you and DeliverYou Ltd (Company number 137942) 9 Bond Street, St Helier, Jersey, JE2 3NP (DeliverYou, 'we', 'our' or 'us').

In these Terms, the following capitalised terms shall have defined meaning below:

• Agreement means these Terms, the Minimum Standards and any schedules and annexures.

• Courier Account means an account created in a courier’s name when they register with us to operate on the DeliverYou courier network.

• Courier Guide means our Courier Guide for independent contractors available on the DeliverYou Courier Portal.

• Delivery Opportunity(ies) means a notification(s) from the DeliverYou Platform to you of the opportunity(ies) to complete delivery(ies) from restaurant(s) or other business(es) to consumer(s) in accordance with order(s) placed by consumer(s) which you may accept.

• Delivery Run(s) means a period (or periods) of time for which you have elected to be available to perform Services on the DeliverYou Platform and we have allocated that availability to you.

• Equipment means your tools, devices, sealable commercial grade insulated food transportation bag and any road-worthy vehicle or bicycle (taxed and insured as necessary) required to enable you to perform the Services as specified in the Minimum Standards.

• DelieverYou Courier Mobile Application means the mobile application that Couriers use to gain access to and fulfil Delivery Opportunities on the DeliverYou Platform and that connect contractors, restaurants and/ or other businesses and consumers. For clarity, the DeliverYou Courier Mobile Application is a component part of the DeliverYou Platform.

• DeliverYou Courier Portal means the web portal that Couriers may use to: apply to become an independent contractor on the DeliverYou Platform; view or edit their profile information; and, review agreements between them and DeliverYou. For clarity, the DeliverYou Courier Portal is a component part of the DeliverYou Courier Platform.

• DeliverYou Platform means the DeliverYou Website together with its affiliated websites and applications including but not limited to the DeliverYou Courier Mobile Application and the DelievrYou Courier Portal.

• DeliverYou Courier Privacy Policy means the terms of the privacy policy.

• DeliverYou Website means the website that can be found here.

• Parties means you and DeliverYou.

• Personal Data has the meaning set out in clause 15.

• Minimum Standards means the minimum standards that you must be able to meet in entering into this Agreement, and in accepting Delivery Opportunities and providing the Services.

• Service Failure means any circumstance in which you fail to provide or complete any Service during any registered Delivery Run.

• Services means the services to be provided by you to us.

• Valid Insurance Cover means as a minimum business use cover for food delivery with specific hire and reward cover.

• GST means Goods and Services Tax.

 

General

1. By first reading, reviewing and then submitting to indicate your acceptance to these Terms on the DeliverYou Courier Portal You acknowledge and agree that you have had the opportunity to read, understand, ask questions, and properly consider your obligations and the consequences of this Agreement, and that you agree to be bound by it.

2. You warrant for yourself that you have the right to work in Jersey on a self-employed basis and you must notify us immediately if for any reason you do not meet the Minimum Standards and you must provide us with insurance cover upon request.

3. You warrant for yourself that you do not have any unspent criminal convictions; furthermore, you undertake to notify us if you are convicted of a criminal offence at any time after entering into this Agreement (for so long as the Agreement remains in force).

4. You warrant and represent that you operate an independent business (either as a sole trader, partnership or company) that provides delivery services, and that you meet (and will continue to meet) the Minimum Standards and can provide the Services in accordance with this Agreement.

5. You retain the right to provide services to others and to hold yourself out to the general public as a separately established business.

6. You warrant that you meet the Minimum Standards.

7. You are not permitted to create multiple Courier Accounts. To this end, it is your responsibility to ensure that the mobile telephone number associated with your Courier Account is not associated with any other Courier Account.

 

The Services

1. You will provide services to us as an independent courier (the "Services").

2. You may notify us of your availability to perform Services via the DeliverYou Courier Mobile Application.

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5. We are under no obligation to notify you of a Delivery Opportunity during a Delivery Run and you are not obliged to accept a Delivery Opportunity offered by the platform.

6. By accepting a Delivery Opportunity, however, you are contractually agreeing to provide the Services in accordance with the terms of this Agreement. Any failure to provide or complete the relevant Services will constitute a Service Failure.

 

Operations

1. You are responsible for running your own business, which means that you have the absolute discretion to control the manner in which the Services are provided. In particular, you are not required to follow any suggested route or directions. However, we do expect you to provide the Services in a timely, efficient, safe, and lawful manner.

2. 1. You are free to notify us of your availability for Delivery Runs at your discretion;

   2. You are free to accept or reject the Delivery Opportunities as you see fit;

   3. You are not contractually required to provide any particular volume of Services and we are not contractually required to provide you with any particular volume of business. We may also offer Delivery Opportunities to other Couriers or other persons for acceptance or rejection by such person at our sole discretion;

   4. You are free and encouraged to work for other companies, businesses and operators.

3. We reserve the right to interrupt, restrict or limit your access to the DeliverYou Platform (or any part thereof), or to temporarily or permanently withdraw, discontinue or terminate your access to the DeliverYou Platform or your participation in it, at any time for the purpose of investigating alleged breaches of this Agreement or conducting maintenance or technical upgrading, development or repair of the DeliverYou Courier Portal.

 

Performance

1. You will keep secure and confidential, at all times, any login, password(s) or other identification details required to access the DeliverYou Courier Portal or as otherwise required in your dealings with us.

2. You may be required to submit to a criminal record check for records of criminal charges and convictions relating to you from time to time. You agree to provide your consent for the results of any such checks to be provided to us and, to the extent that any such checks are facilitated by us, you agree to provide us with any information and consents we may require for such purposes.

3. Upon acceptance of a Delivery Opportunity you are expected to make every effort to complete that delivery. We understand that from time to time circumstances may become beyond your control or you may have become involved in an incident which inhibits your ability to complete the Delivery, either en route to the food provider or to the customer. In these unlikely situations you are obliged to make every opportunity to make the Delivery opportunity available to another DeliverYou courier. This can be achieved by simply accessing the DeliverYou Driver Application and pressing the “Handover” to Deliver icon at the bottom of the screen in RED. Regular or persistent use of this function within the Driver Application will instigate a performance review.

Health and Safety

1. It is your responsibility to make yourself aware of and comply with all applicable health and safety legislation and road and traffic laws which will apply to you when performing the Services. It is also your responsibility to ensure that you are aware of and comply with all applicable health and safety legislation and road and traffic laws when you are performing the services.

2. You will immediately inform us if you are involved in any accident when using your vehicle while supplying Services, if you are arrested or if you are issued with a fine in respect of an offence while supplying Services or you are disqualified from driving.

3. You agree to co-operate with us in the event that there is an investigation of any incident or accident, including any workplace safety incident or near miss.

 

Delivery of alcohol / age restricted products

1. You have complete discretion whether to accept a Delivery Opportunity which includes an order for alcohol and/or age restricted products. If you do accept such a Delivery Opportunity, however, then in line with market practice regarding alcohol delivery we require you to follow our ‘Challenge 25’ policy. This requires you to request identification from customers who appear to be under 25 years of age.

2. Business Partners who offer alcohol for sale will ensure the delivery receipt containing the order contents has the age restricted product(s) highlighted.

3. Should the customer be unable to provide proof of their age when requested the age restricted items should be returned to the Business Partner. You must notify DeliverYou HQ when making such a decision so that the incident can be properly logged and dealt with. HQ can be contacted on 01534 888990 or via drivers@deliveryou.je

Expenses

1. You agree that you are responsible for all costs and expenses arising from your provision of the Services, including, but not limited to, costs related to any Equipment and the costs associated with any parking fines or road traffic offences.

 

Fees and Payment

1. You will receive payment for the provision of Services on a weekly basis in accordance with our payment terms into your nominated bank account (which must be in your name or jointly in your name). All payments from us to you shall be communicated via the DeliverYou Platform; ordinarily each Tuesday

    

Relationship of Parties

1. You acknowledge and agree that you provide the Services as an independent contractor. Nothing in this Agreement shall be taken to create any employment relationship, worker status, agent, partnership or other joint venture or enterprise between DeliverYou and you. You acknowledge and agree that you are not an employee or worker of ours or of any restaurant by operation of this Agreement. You acknowledge and agree that you are providing Services on behalf of yourself and your business.

2. Neither party has the right to bind the other by contract or otherwise except as specifically provided in these Terms.

3. Nothing in these Terms, and no verbal or written communication between the parties, whether prior to or after these Terms will be construed as an express or implied employment or worker agreement or a promise by DeliverYou to employ you.

    

Insurance

1. You must, on request, promptly provide us with such evidence as we may require that you are able to meet (or are continuing to meet) the Minimum Standards in relation to insurance.

 

Service Disputes

1. In the event there is a Service Failure, you will not be entitled to payment, or part-payment, for any part of the Services affected by the Service Failure, as determined in our reasonable discretion.

    

Dispute Resolution

1. If there is a dispute between us, each party must use good faith efforts to resolve the dispute informally.

    

Termination

1. Either party may immediately terminate the Agreement and end the relationship between you and us for any or no reason.

2. Without prejudice to any other right or remedy we may have against you, we may terminate the Agreement with immediate effect with no liability to make any further payment to you if at any time you:

   1. commit any serious or persistent breach of the terms of this Agreement;

   2. are convicted of any criminal offence (other than an offence under any road traffic legislation for which a fine or non-custodial penalty is imposed);

   3. commit any fraud or dishonesty or acts in any manner which in the opinion of us brings or is likely to bring us into disrepute or is materially adverse to the interests of us; or

   4. lose the right to work in Jersey.

3. Should an investigation be necessary to determine any of the above your access to the DeliverYou Platform will be withdrawn for the duration of that investigation.

4. You agree that you will on request assist us in the investigation of any customer complaints that may be made about you, or in relation to an incident in which you may be able to assist.

5. In the event that the Agreement is terminated, we are only liable to pay you for any Services provided up to the date of termination.

6. Termination of the Agreement will not release you from liability in respect of any breach, non-performance of any obligation or Service Failure by you prior to the date of termination.

    

Further Legal Terms

1. These Terms and the Minimum Standards record the entire agreement between the parties and replace and supersede all prior agreements whether written or otherwise in relation to its subject matter.

    

2. A party may only waive a breach of these Terms in writing signed by that party or its authorised representative.

3. The Agreement may only be amended in writing signed personally or by electronic means by the parties.

4. If any provision of these Terms is for any reason found by Jersey Courts to be unenforceable, the remainder of these Terms will continue in full force and effect.

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6. You acknowledge that products and services, including the DeliverYou Platform, and all rights therein shall remain the property of DeliverYou.

7. Each party has entered into this Agreement without relying on the representation by any other party or any person purporting to represent that party.

8. You must not assign or transfer any rights or obligations under this Agreement to any person.

9. Nothing in this Agreement nor your provision of the Services shall operate as to grant you any rights:

   1. in the product or services; or

   2. in our company name, logo, trademarks or that of our Related Entities or the right to use such company name, logo, or trademarks.

       

Data Protection and Confidential Information

1. You understand and acknowledge that DeliverYou may process your Personal Data in accordance with Data Protection Laws.

2. In our capacity as a Data Controller, we may share Personal Data with you in accordance with the following description:

   • Types of Personal Data: name, address, email address and telephone number;

   • Duration of the Processing: until the earliest of (i) expiry/termination of this Agreement or (ii) the date upon which processing is no longer necessary for the purposes of either party performing its obligations under this Agreement (where applicable);

   • Nature of the Processing: collection, storage, duplication, deletion;

   • Purpose of the Processing: necessary for the provision of the Delivery Services; and

   • Categories of Data Subject: customers and authorised representatives of DeliverYou.

3. You warrant that you will act solely as a Data Processor, process Personal Data only for the purpose of fulfilling the Delivery Services and comply at all times with the Data Protection Laws. You will maintain appropriate measures to ensure that the rights of the people to whom the Personal Data relates are protected. You will also implement and maintain appropriate technical and organisational measures to ensure a level of security appropriate to the risks presented by your processing of the Personal Data, and you must not transfer any Personal Data.

4. If you process any Personal Data pursuant to this Agreement you will follow any instructions we give you in respect of that data, which may include activities like deletion or return of the data that assist and enable us to comply with our obligations under the Data Protection Laws.

5. You will not process the Personal Data for your own purposes except with our prior written approval. In particular, you will not send communications to customers except via any masked telephone number, hardware or software provided by us to you. You will immediately notify us on becoming aware of any actual or possible breach of this clause. You will indemnify us for any loss, damage, dispute or third-party claim incurred by us as a result of your breach of this clause.

6. During your performance of the Delivery Services, you may have access to Confidential Information, including in respect of DeliverYou, its related entities or third parties ("Confidential Information"). You agree that while you are an independent contractor and at all times thereafter, you will not, without prior written consent of DeliverYou, except required by law or for you to obtain professional advice: (a) reveal, disclose or make known any Confidential Information to any person: or (b) use the Confidential Information for any purpose, other than for the purpose of providing the Services in connection with this Agreement.

    

Governing Law

1. This Agreement and any dispute or claim (including a non-contractual dispute or claim) arising out of or in connection with it shall be governed by and construed in accordance with JerseyLaw.

2. The courts of Jersey shall have exclusive jurisdiction to settle any dispute or claim (including any non-contractual dispute or claim) arising out of this Agreement.

RESTAURANT/BUSINESS PARTNER MINIMUM STANDARDS

1. You agree to ensure that, without reasonable explanation, your business will remain open during the prescribed opening hours. You will be in a position to explain, upon request, why the business was not open and available on the DeliverYou platform.

2. The contract of service exists between DeliverYou and you as our business partner.

3. Acceptance of an order on the portal will invite a DeliverYou driver to complete the delivery. Orders which you accept as “Self Deliver” will be completed by one of your drivers who must be in possession of the insurance cover facilitated through the DeliverYou onboarding process.

4. You must provide a valid reason for any orders which you, or your employees, choose to cancel on the portal.

 

Signed (DY):

Print Name:

Date:

Signed (Business Partner):

Print Name:

Date: