Terms & condition : Driverstop

Terms & Conditions

Terms & Conditions

These general conditions of use (GCU) of the Application published by the Company define the conditions under which the Company grants the Business Owner and the Delivery Driver a license to use the Application to enable the Business Owners to entrust the Delivery Driver with undertaking an Instant Job during which they will be responsible for the delivery of Goods, track their execution and pay them, all within a determined contractual framework. These GCU include Special Conditions applicable to Delivery Driver and Business Owner. In addition to the specific terms set out in this GCU, the Parties acknowledge that there may be additional non-contractual operating practices in place which are not reflected in these GCU and which may change from time to time.

The Delivery Drivers are completely independent of the Company, as set out in these GCU and are supplied to the Business Owner by the Delivery Driver alone (not by the Company).

The Company offers an Application enabling a Business Owner to post an Instant Job which will connect them with a Delivery Driver for the duration of the time detailed on the Instant Job request posted made under these GCU. The service offered by the Company is that of putting the Business Owner and the Delivery Driver in contact only. It is the sole responsibility of the Delivery Driver to fulfil the Shift. The Company is not party to the contract entered into between the Business Owner and the Delivery Driver. The Company does not supervise, direct or control the manner in which the Instant Job is carried out by theDelivery Driver.

I. Provisions which apply to the Business Owners and Delivery Driver

1. Definitions

In these GCU, capitalised terms shall have the meanings set out below:

"Account": means the private Member area accessible from the Application with the Login Information and containing the information on the Member and the Services provided by the Company, and making it possible, where applicable, to post and accept Instant Jobs

"Application": means the computer application accessible from a Device and enabling access to the Services, including but not limited to the mobile application, web application and API integrated application.

"Business Address": means the address where the Business Owner is registered and the Delivery Driver is expected to work from. It will be automatically inputted in the Application for an Instant Job from the Business Owners account details.

"Company": DriverStop Ltd, 23 Hyde Park Road, Leeds, LS6 1PY Customer service: 07719166266 or contact@driverstop.co.uk

"Delivery(ies) of Goods": means the services provided by theDelivery Driver to the Business Ownerfor the duration of the Instant Job.

"Instant Job": means details of a Shift posted by a Business Owner for a duration of time from 1 hour to 8 hours via the Application.

"Device": means any mobile or other device (smartphone, PC, tablet, etc.) having an internet connection and able to download, install, use or integrate the Application.

"Excluded Goods": means the excluded goods listed in Article 5.1, and within the dimension and/or weight limits listed in Article 5.2 of the GCU.

"Force Majeure Event" means any circumstance not within a Party's reasonable control including, without limitation:

acts of God, flood, drought, earthquake or other natural disaster;
epidemic or pandemic;
terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
nuclear, chemical or biological contamination or sonic boom;
any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent;
collapse of buildings, fire, explosion or accident;
any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the Party seeking to rely on this Article, or companies in the same group as that Party);
non-performance by suppliers or subcontractors (other than by companies in the same group as the Party seeking to rely on this Article); interruption or failure of utility service; and
any other third party activity or event that materially impacts an Delivery Drivers ability to effect the Delivery of Goods.

"GCU": means these general conditions of use and their annexes, including the Privacy Charter, together with the provisions of the SC.

"Goods": means the item(s) subject to be delivered within the Instant Job, with the exception of with the exception of the Excluded Goods.

"Delivery Driver": means the individual who offers its services via the Application in order to accept an Instant Job posted via the Application by the Business Owner.

"Intellectual Property Rights": means patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

"Login Information": means user name and/or password sent by the Company to the Member and enabling the Member to access its Account and the Services.

"Member": means either the Delivery Driver or the Business Owner.

"Method of Transport": means the method(s) used by the Delivery Driver to undertake the Instant Job, namely (i) transport on foot (including travel by roller-scooter, skateboard, roller skates, etc.), (ii) transport by bicycle, (iii) transport on moped/motorbike, or (iv) transport by land motor vehicle of under 3.5 tonnes authorised gross weight (cars, commercial vehicles or vans), hereinafter referred to as "Vehicle(s)".

"Party(ies)": means any of the parties, being the Delivery Driver, the Business Owneror the Company.

"Price/Payment": means the remuneration for the Instant Job and Services billed to the Business Owner.

"Privacy Charter": means Annex 1 of these GCU, which defines the conditions under which the personal data of the Business Owners and the Delivery Driver is processed.

"SC": means the special conditions of the GCU

"Services": means all services putting the Business Owner and the Delivery Driver in contact, offered through the Application.

"Shift" means the period of time or times during which aDelivery Driver agrees to be available to provide services relating to the Delivery of Goods in exchange for Payment.

“Business Owner”: means the adult individual, or the corporate entity represented by a duly authorised individual, who posts an Instant Job and can then be put in contact with a Delivery Driver viathe Application.

2. Acceptance and modification of the GCU

2.1. Acceptance of the GCU

The use of the Application is subject to acceptance of these GCU. At the time of creating their Account, the Members must click on "I accept the General Conditions of Use".

Only the acceptance of these GCU enables the Members to access the Services offered by the Application and to create an Account. These GCU must be accepted in their entirety and without amendment unless otherwise agreed in writing signed by the Company. In the event of a breach by a Member of any of the obligations set out herein, the Company reserves the right to suspend or terminate the Member's Account or access to the Services, and the Member shall not be entitled to any reimbursement, credit note or compensation.

These GCU include clauses which relate to the Instant Job, which are expressly accepted by the Business Owner through issuing an Instant Job and by the Delivery Driver by accepting the Instant Job.

No special condition or other general conditions issued by the Business Owner and/or the Delivery Driver shall prevail over these GCU unless otherwise agreed in writing signed by the Company.

2.2. Amendments to the GCU

The Company reserves the right to amend these GCU at any time, notably owing to the evolution of the functionalities offered by the Application or the rules of operation of the Services. Unless otherwise agreed in writing and signed by the Company and Business Owner or Delivery Driver, the amendment shall take effect immediately upon making the amended version of the GCU available through the Application, which every Member must have first read and accepted in order to use the Services. If a Member objects to the amendment to the GCU, it must refrain from using the Application and the Services.

If the amendment entails changes to the procedure for access to and/or use of the Application, the Company shall inform the Member of such change in advance by email at the address notified by the Member.

3. Creation of an Account

3.1. General information

In order to be able to access the Services, the Member must first have a compatible Device (as a minimum with IOS X, Android X, Windows X or Mac OS X) in good working order and must create an Account.

The Member shall follow the instructions provided by the Company via the Application to create its Account and shall provide the required identification data (surname, forename, postal address, email address, business name and organisation name, where applicable, etc.) correctly, accurately and truthfully.

The Member shall update its identification data promptly via the Application in the event of any change and shall follow the procedures provided by the Company. If the data provided proves to be inaccurate, incomplete or wrong, the Company reserves the right to suspend access to the Account and the Services until the Member corrects such errors. A fee may be payable to reactivate a suspended account.

The Member acknowledges and agrees that the Services are only accessible via the Application.

3.2. Login Information

Upon creating the Account enabling access to the Services, the Company shall send Login Information to the Member, namely a user name and a password.

The Member shall only use the Application with its own Login Information, and agrees that all correlative acts on the Application undertaken with the said Login Information shall be deemed automatically to have been undertaken by the Member, or at the very least under its control.

The Member shall keep its Login Information confidential and not communicate it to any third party.

In the event of loss, theft or any fraudulent act or forgotten Login Information, the Member shall notify the Company promptly by sending an email to the following email address: contact@driverstop.co.uk for Delivery Drivers and Business Ownersrespectively, or by telephoning the helpline available via the Application, and shall provide such evidence of its identity as may be required.

The Company shall review the request promptly on receipt and may, as a security measure, suspend access to the Services with the Member's Login Information. The Company shall process the Member's request promptly and shall send it new Login Information by return.

4. Formation of contract

4.1. Agreement of the Parties

The Business Owneracknowledges and agrees that in accordance with section 28 of the Consumer Contracts Regulations 2013, the cooling-off period does not apply for contracts for the transport of goods, and therefore to the Instant Job in which the Delivery Driver carries out the Delivery of Goods.

The Application enables a Business Owner to make contact with aDelivery Driver in order to undertake an Instant Job under these GCU. This Instant Job is subject to an electronic contract between the Business Owner and the Delivery Driver, which is formed via the Application pursuant to these GCU as set out. The Company is not a party to that contract.

The details of the Instant Job; date, start time, address, durationof shift;is issued by the Business Owner, via the Application, and constitutes an offer for services at the Price communicated, subject to the provisions of Article 6 of these GCU.

The Business Owner acknowledges and accepts that the above creates a sufficiently precise, firm, unequivocal and unreserved offer, subject always to the provisions of these GCU, and is binding on the Business Owner upon acceptance by a Delivery Driver of an Instant Job.

Once aDelivery Driver accepts an Instant Job, an electronic contract is entered into between the Business Ownerand the Delivery Driver, under these GCU. Penalties apply to both the Business Owner and the Delivery Driver if the Instant Job is cancelled or withdrawn; Article 6 of these GCU stipulates what these are.

5. Prerequisites

5.1. Excluded Goods

The following Goods are excluded from the Services and Deliveries of Goods:

All goods which, through their nature and/or their packaging, may present a danger to, or damage the environment, such as, without limitation, weapons or machines intended to explode through modification to the atomic nucleus, fuels, including nuclear, radioactive product or waste, or any other source of ionising radiation, or any other goods connected to the supply of goods or services concerning a nuclear facility, or directly affecting a nuclear facility;
Intrinsically illegal goods, restricted goods, or goods whose transport and/or holding and/or offering and/or sale and/or acquisition and/or use are prohibited by law;
Goods whose sending and/or receipt is illegal due to the capacity of the issuer and/or the recipient, such as, without limitation, goods whose holding and/or offering and/or sale and/or acquisition and/or use by a specific person is prohibited due to a legal, regulatory or contractual provision (e.g. tobacco or alcohol to minors, health products requiring a medical prescription);
Goods that can only be transported by a regulated profession, such as, without limitation, jewellery, watchmaking items, precious metals and stones, money, currency, bank notes, financial securities, securities or means of bearer payment, bills of commerce, gift vouchers, telephone or equivalent cards, and generally any paper or other document subject to the legality of the transfer of funds and making it possible to make a payment, or any means of payment such as a bank and/or credit card; or, munitions, gas, inflammable, radioactive, toxic, infectious or corrosive materials;
Animals and human beings, alive or dead, including all or part of their bodies and/or organs, and/or materials or fluids derived from the body (blood, urine, etc.), or products of human or biosynthesis origin deriving directly from products of human origin, including those intended for treatment or diagnostic operations on the human body.
Everything in connection with the capacity of owner or operator of an aerodrome or airport or heliport of the Business Owner, or in connection with air or sea shows, including their preparatory exercises, or land motor vehicle shows (and their tests) subject to declaration to or authorisation of the public powers, and responsibility for which falls upon the Business Owner as organiser or competitor; and
Goods made of asbestos or lead.

6. Processes relative to complete an Instant Job

6.1. Instant Job request for Delivery of Goods by the Business Owner

The Business Owner enters into the Application the details of the Instant Job; date, start time, duration of shift.

The Business Owner acknowledges and agrees that this is essential information for the Instant Job on the basis of which the Delivery Driver is bound.

The Business Owner represents and warrants to the Company and the Delivery Driver that it shall:

post the Instant Job to a named individual;
have the prior permission of the Recipient of goods to communicate tothe Delivery Driver the information entered concerning them, which may be surname, forename, postal address and telephone number, to enable the Delivery of Goods;
specify the details, obvious or otherwise, of the Goods when they may have repercussions on the progress of the delivery by the Delivery Driver;
not request Delivery of Goods to a Recipient who is inaccessible or which would require unreasonable efforts by the Delivery Driver, such as Recipients who may be incarcerated or whose address is inaccessible by land and/or not close to a marked road;
only use the Service and Instant Jobs for legal purposes.

Subject to the foregoing, a fixed and final Price, as deemed to have been agreed between the Business Owner and the Delivery Driver in accordance with Article 6.3 of these GCU, shall then be communicated to the Business Owner for the Instant Job.

6.2. Acceptance by the Delivery Driverof the Instant Job

Acceptance by the Delivery Driver of an Instant Job via the Application binds the Delivery Driver to undertake the said Instant Job, this means they will be available to the Business Owner for the duration of the Instant Job to Deliver Goods, pursuant to the provisions of the GCU. The Delivery Driver is exclusively available to the Business Owner for the delivery of Goods for the duration of the Shift and should not be in employment with other delivery platforms or companies. The Company reserves the right to suspend or terminate the Delivery Driver if they are found to be doing this. The Company cannot require or force aDelivery Driver to accept an Instant Job and aDelivery Driver makes any such acceptance entirely at its own discretion.

6.2.1. Confirmation of the Instant Job

If the Delivery Driver accepts the Instant Job, it is bound by contract to theBusiness Owner as contemplated by these GCU.

Acceptance by aDelivery Driver of an Instant Job shall be notified to the Business Owner by a notification on the Application, and is deemed to constitute conclusion of the contract binding the Business Owner to the Delivery Driver.

6.2.2. Communication between the Business Owner, the Delivery Driverand the Recipient

The Delivery Driver may need to contact the Business Owner by telephone after acceptance of the Instant Job. The Business Owner must be contactable on the number indicated in its Account in order to answer the Delivery Drivers questions.

The Delivery Driver may also need to contact the Recipientby telephone at the time of the Delivery of Goods.

In this respect, the Business Owner who provides the telephone number of the Recipient, so they can be contacted by the Delivery Driver within the framework of the Delivery of Goods, represents and warrants that it has obtained their agreement to do so.

6.3. Payment/Price

The Company estimate the price per Instant Job. The estimated Price is stated on the Instant Job request before the Business Owner posts it and is shown in the details to the Delivery Driver before acceptance of the Instant Job; its calculation is based on the number of hours of the job and the minimum amount of deliveries that the Delivery Driver may be able to deliver in one hour. The actual price may vary depending on various factors.

Base Rate:

1 hour – £12 ( £12 per hour )

2 hours – £18 – ( £9 per hour )

3 hours – £24 ( £8 per hour )

4 hours – £30 ( £7.50 per hour )

5 hours – £36 ( £7.20 per hour )

6 hours – £42 ( £7 per hour )

7 hours – £48 ( £6.85 per hour )
8 hours - £54 ( £6.75 per hour )

+£1 per delivery within a 3 miles radius of the business address, +50p per 1 mile over 3 miles

E.g. 3 hours shift selected.

Time selected: 19:00 to 22:00

Base rate = £24(£8 per hour) +£1 per delivery within a 3 miles radius of the business address, +50p per 1 mile over 3 miles

The Business Owner is required to pay the base rate + the total delivery cost to the driver at the end of their shift.

The estimated Price set by the Company is a guide and it is the sole responsibility of the Business Owner to ensure they are meeting the minimum requirements of the National Wage in the United Kingdom at the time of the Instant Job. The Company takes no responsibility for ensuring the Business Owner is adhering to employment law; the Company serves as a platform to bring the Business Owner in contact with the Delivery Driver.

6.4 Delivery Requirements

The Delivery Driver undertakes to the Business Owner that it will comply with the minimum standards set out below and that it will also comply with any additional requests that may be made by or any other requirements set by the Business Owner from time to time..

6.4.1. The Delivery Driver must ensure that they have the appropriate insurances to carry out the Instant Job. It is the responsibility of the Delivery Driver and Business Owner to ensure that these are correct and up to date. The Company accepts no responsibility for the Insurances of either the Delivery Driver or Business Owner.

6.4.2.The Delivery Driver will ensure that its vehicle is safe and roadworthy; has the appropriate insurances and is able to meet client needs for delivery capacity and quality.

6.4.3 The Company will provide theDelivery Driver with a branded high-visibility vest and baseball cap (accessories). It is expected that these are worn for each Instant Job. The Company reserves the right to undertake checks to ensure that Delivery Drivers are using the accessories. The Company may suspend or terminate the Account of any Delivery Driver that does not have the accessoriesthat they have been provided by the Company. The Delivery Driver will be expected to replace them at a fee if they become damaged or lost. If the Delivery Driver wishes to remove their Account/is suspended/is terminated they are required to return the accessories to the Company.

6.4.4. In addition, the Delivery Driver shall comply with the following Business Ownerrequirements:

Will be solely available to the Business Owner for the purpose of the Delivery of Goods; meaning they will be not be in employment with any other companies during their shift.
Act with professionalism and carry out the Deliveries of Goods diligently, demonstrating the highest level of care;
Act responsibly with the Goods, i.e. to ensure they are not damaged, destroyed, tampered with, stolen or lost, and act responsibly in the driving of its Method of Transport;
Do not carry out or be engaged in any conduct prejudicial to the Business Owner, including any discrimination, harassment, threatening behaviour, criminal activity or any fraudulent action;
Maintain a professional, clean and tidy appearance;
Maintain personal hygiene standards appropriate to the serving of food;
Make every effort not to disturb the operation of any business at the collection or destination address;
Undertake Think25! or other appropriate training in order to be able to undertake deliveries of alcohol products;
Undertake any induction that may be requested by the Business Owner;
Execute Deliveries of Goods in accordance with the estimated delivery times provided via the Application and any requested time limits or deadlines indicated by the Business Owner;
Have a good standard of spoken English;
Remove motorcycle helmets when interacting with Business Owner and Recipients;
Be polite and courteous to the Business Owner and the Recipient;
Ensure that it has the appropriate Method of Transport and equipment for the Delivery of Goods requested by the Business Ownerand that these are clean and appropriately maintained in good roadworthy condition; and
Comply with any operating standards for that Business Owner that may be communicated to it from time to time. This includes compliance with pick up procedures (for example, checking in when arriving at a restaurant, using appropriate entry points and ensuring that the Delivery Driver identifies itself), delivery procedures (for example, ensuring that certain deliveries are not re-routed), parking requirements and other requirements regarding premises (such as a requirement not to sit at tables).

6.4.5. Once the Instant Job is accepted by the Delivery Driver, they should arrive in a timely manner and without delay. If a delay is experienced theDelivery Driver should contact the Business Ownerand the Company in order to clear the particular Instant Job from the Application and allow the Company to reassign an appropriate Delivery Driver through the dispatch technology in the Application as set out in Article 4.1 of these GCU.

6.4.6. Should the Delivery Driver fail to comply with the Business Ownerrequirements set out above, the Business Owner may provide feedback through the Application and this may affect the Delivery Drivers rating from that Business Owner, as set out in Article 6.5 of these GCU. The Company may send messages to the Delivery Driver advising when negative feedback has been received from a Business Owner. The Business Owner also has the right to block the Delivery Driver from accepting any future Instant Jobs.

6.5 Ratings

The Members acknowledge and agree that they will be subject to review and feedback from each other. In particular:

Delivery Drivers may score the Business Owner out of five based on experience with them.
The Business Owner may rate the Delivery Driver out of five with respect to each Delivery of Goods, along with qualitative feedback. This rating and feedback may be based on compliance with the Delivery requirements set out in Article 6.4 of these GCU, including any delays on collection or delivery.

6.6 Cancellation by the Member

6.6.1 Cancellation by theBusiness Owner

The Business Owner may cancel its Instant Job however a fine which is stated on the Application will be applicable to do so.

The Business Owner’s account will be deactivated until such payment has been made meaning that they are unable to access all the features of the Application.

For the avoidance of doubt, the Company shall play no part in the decision by a Business Owner to cancel an Instant Job under this Article 6.6.1.

6.6.2. Cancellation by the Delivery Driver

The Delivery Driver may cancel an Instant Job which will result in the deactivation of their account. A fine is chargeable for doing so and is stated on the Application.

If a Delivery Driver does not attend an Instant Job a fine will be administered to their account and the account will be restricted until it has been settled.

For the avoidance of doubt, the Company shall play no part in the decision by a Delivery Driver to cancel an Instant Job under this Article 6.6.2.

7. Resolution of disputes concerning the Instant Job

7.1 General principles

Pursuant to these GCU, and as stated elsewhere in these GCU, the acceptance of the Instant Jobs and the Delivery of Goods is not executed by the Company but by the Delivery Driver only. The Parties acknowledge and agree that liability relating to the Instant Job and the Delivery of Goods rests with the Delivery Driver and not the Company.

The Company may, at its discretion, assist the Delivery Driver and the Business Owner to resolve any disputes which may arise relating to the Instant Job initiated via the Application.

8. Payments

Download of the Application is free of charge for Users.

8.1.

Use of the Application is only accessible by paying a one-off non-refundable registration fee or activation fee. Once the fee has been paid the User will have limited access to the Application for a period of 3 hours during which time they will need to set up a monthly membership or subscription. The fee of which is advertised on the Application and is payable on a monthly basis. If the subscription is not set up within the 3 hour limit then the User will not be able access the Application until the membership or subscription has been set up. Payment of the monthly fee for the Business Owner and Delivery Driver, respectively is processed via Stripe. Details of their privacy policy and terms and conditions are available on their website https://stripe.com/gb/privacy

8.2.

There is no minimum term contract and Users can cancel at any time. If a User cancels they will no longer be able to access the Application until any outstanding fees owed are paid in full and a new membership or subscription is successfully set up. If a User cancels their membership or subscription and wishes to re-join a new registration or activation fee will be payable to the Company.

Any payment default by a User, e.g. due to the expiry of the bank card entered, insufficient balance in the bank account, or inaccurate bank details, shall entail the suspension by the Company of its Account and access to the Services.

The User shall ensure that its billing information is up-to-date, complete and correct.

The User may access the Application at any time to request the deletion of its bank data by the banking service provider of the Company.

8.3

The Company will not reverse or refund any payments of the registration or activation fee. Monthly membership or subscription is entered into by the User at their own will and the company will not reverse or refund any payments for any reason.

8.4

If any Payment is returned unpaid or if any other form of payment is not honoured for whatever reason, you shall pay us on demand an administration fee of £20. If, despite us having notified you of a missed payment, further payments are missed, we reserve the right to, at our sole election, either suspend or terminate your membership, upon having given you written notice of our intention to do so.
The Company, via its selected payment processor, reserves the right to charge any payments due from the bank account details provided upon a User’s sign up.

9. Access to and availability of the Application and Services

The Services are exclusively accessible online on the Application.

The Company shall make every effort to make the Application and its Services available during its operating hours from time to time in force, independently of the maintenance operations on the said Application and/or the said Services. The Company makes no guarantees in relation to the availability of the Services, speed of access to the Application, and/or speed of saving to the buffer memory of the Member's Device.

The Company reserves the right to modify or interrupt all or some of the Services at any time, temporarily or permanently, without prior notification to the Users and without entitlement to compensation.

The Company shall make every effort to put a User in contact with an available Delivery Driver, in its geographical area however, without prejudice to any other terms of these GCU, the Company cannot and will not guarantee availability of a minimum of one Delivery Driver, and/or the times of consultation of the Services by the User, and/or the Methods of Transport of the available of the Delivery Driver. Neither does the Company make any guarantee that any available Delivery Drivers will accept any Instant Job requests. The User acknowledges that, in providing the Instant Job requests, the Delivery Drivers are carrying out business in their own names and for their own account and that the Company is not involved to any extent in the execution of these services.

10. Guarantees – Liability – Force Majeure

10.1. Guarantee of the Members

The Member is solely responsible for the use it makes of the Services it accesses from the Application.

In accessing the Application, the Member represents and warrants that it/it shall not:

access and/or use the Application and/or the Services for illegal purposes and/or with the aim of causing harm to the reputation and image of any of the Parties, and more generally that it/it shall not infringe the rights, notably intellectual property, of the Company and/or third parties;

use devices or software other than those provided by the Company intended to or that may: i) affect or try to affect the proper operation of the Application and/or the Services; or ii) extract, modify or view all or part of the Application on any support other than the User's Device, even in buffer or temporary memory, or for customised use;

directly or indirectly market the Services and/or the access to the Services and/or the access to the Application;

reuse all or part of the Application, particularly for commercial and/or collective and/or personal purposes in a form and/or a media not authorised by the Company;

exploit the Services provided by the Company or the data to which it may have access via the said Services and/or the Application for purposes that are directly or indirectly commercial and/or for personal purposes in a form and/or a media not permitted by the Company;

limit or try to limit access to or use of the Application and/or the Services;

modify any mention or element of the Services and/or the content of the Application, including in buffer or temporary memory; or

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.

In the event of breach of any of these obligations, and without this list being exhaustive, the Member acknowledges and agrees that the Company shall have the right to refuse it access to all or some of the Application and/or the Services, unilaterally and without prior notification.

10.2. Liability of the Members

The Member is solely responsible for breaches and/or violations of the legislation applicable to it and to these GCU with regard to both the Company and the other Member with whom it is in contractual relations, and for damages that may arise owing to these violations and/or breaches.

The Member shall be liable for, and shall compensate, the Company and/or any other Member and/or a third party in respect of any claims, complaints, remedies and petitions, of any nature, resulting from such a violation or breach, relating to: i) the use of the Application by the Member; ii) the relationship between the Delivery Driver and the User; iii) the operation of the Method of Transport with regards to the Delivery Driver; and iv) the delivery of goods with regard to the Delivery Driver.

The Member shall regularly check that it has the latest version of the Application and that it has indeed downloaded a version compatible with its Device.

The Member shall compensate the Company and/or third parties for any direct and indirect damages resulting from such violations and/or breaches.

10.2.1 Indemnity

The Member shall indemnify, defend and/or settle and hold harmless the Company against any loss or damage (including legal costs) which the Company may sustain or incur, in relation to any third party claim, to the extent such claim is based upon any breach by the Member of the provisions of these GCU.

10.2.2 Limitation of liability of the Company

The Company shall not be liable to any Member, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these GCU for:

loss of profits, sales or business, agreements or contracts, anticipated savings or goodwill;
any indirect or consequential loss;
losses arising in connection with any Force Majeure Event;
losses arising as a result of any information provided by Members, including in relation to the dissemination of such information on the Application, including loss of use or corruption of software, data or information;
losses arising in connection with any use of the Application and/or the Services by a User which is in breach of these GCU;
losses arising in connection with: (i) the use or unavailability of the Services and/or the Application; and (ii) access to the Services and/or Application by an unauthorised user;
losses arising in connection with any malfunction of any nature relating to the User's Device and its connection to the internet upon accessing the Application and/or the Services;
losses arising in connection with the downloading by the Member of a wrong version of the Application or a version which is incompatible with its Device, or in circumstances where the Member breaches the rules of the Apple App Store or the Google Play Store; or
losses arising as a result of or in connection with any act or omission of aDelivery Driver

TheCompany accepts no liability for the Users of the Applicationin case of

death (including death by dangerous driving) or personal injury caused by negligence;

fraud or fraudulent misrepresentation; or
any other liability which cannot be limited or excluded at law.

10.2.3 Additional provisions in relation to the Delivery of Goods

In addition to the provisions of Articles 10.2.1 and 10.2.2 of these GCU, the following provisions apply in relation to the Instant Job and Delivery of Goods:

The User acknowledges and agrees that the quality of the services is provided by the Delivery Driverduring the Instant Job Shift and the Company accepts no liability for this.

The Company shall not be liable for the Instant Job and Delivery of Goods, including, without limitation, in relation to Goods excluded pursuant to Article 5.1 of these GCU.

The Company does not supervise, direct or control the manner in which the Instant Job and the Delivery of Goods is carried out by the Delivery Driver (who, as stated in Article 9 above, shall be treated for the purposes of these GCU as carrying on its own business in its own name).

The Company shall be under no obligation to compel a Delivery Driver to carry out an Instant Job, or to specify any basis or manner in which an Instant Job is carried out (which shall be the sole responsibility of the Delivery Driver to determine).

The Company shall not be liable for any losses howsoever arising, in relation to any Instant Job or Deliveries of Goods by the Delivery Drivers or with regard to the acts, actions, behaviour, attitudes and/or negligence of the Delivery Driver.

11. Intellectual property

11.1. Intellectual Property Rights

The Member acknowledges that all Intellectual Property Rights in the Application belong and shall belong to the Company, and the Member shall have no rights in or to the Application other than the right to use it in accordance with the terms of these GCU.

Save with the prior written permission of the Company, the Member shall not under any circumstances: i) combine the Application with any other work, particularly software; ii) provide the Application by any means to a third party; or iii) lease or transfer all or part of the Application to a third party, including other companies and entities of the group to which it belongs, and is prohibited from any use other than that granted by these GCU.

11.2. Interoperability

If the Member intends to use the interoperability information of the Application to enable its interoperability, the Member shall inform the Company in advance, and shall seek to agree with the Company the conditions governing any such transmission of such information. The Member shall not undertake any decompilation of the Application until and unless agreement has been reached with the Company.

12. Personal data

The Company has set up a "Privacy Charter" as Annex I to these GCU. The Privacy Charter forms part of these GCU and contains obligations with which the Company and the Users must comply to protect the personal data of the User and third parties (such as the Recipients).

13. Confidentiality

Each Party shall keep strictly confidential and not disclose to any third party, directly or indirectly, any confidential information, that may have been communicated by or on behalf of another Party, unless that information is public knowledge or already known to such Party at the time of disclosure, or subsequently becomes public knowledge other than by breach of these GCU, or subsequently comes lawfully into the possession of such party from a third party. Each Party shall use its reasonable endeavours to prevent the unauthorised disclosure of any such information.

The confidential information referred above shall include (without limitation):

Address, surname and forename of the User;
Telephone number of the Members or third parties and communicated by a Member upon use of the Application;
Any information that may relate to the Goods delivered; or
Any photographs or images revealing the above.

The Member shall not seek to extract or otherwise appropriate any information from the Application or any of the Company's databases or reuse any part of the data made available through the Application.

Notwithstanding the above, the Company may however, where applicable, communicate the Confidential Information as necessary to the Members within the framework of the execution of the Instant Job.

14. Duration – suspension – termination

Without affecting any other right or remedy available to it, any Party may terminate these GCU at any time with immediate effect using the procedure accessible via the Application.

On termination or expiry of these GCU:

any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the GCU which existed at or before the date of termination or expiry, shall not be affected;
Delivery Drivers shall return to the Company all accessories given to them by the Company pursuant to Article 11 of the SC;
Members shall delete and/or destroy any personal data they have about other Members which they obtained for the purposes of providing or receiving the Services;
the following articles of these GCU shall continue in full force: Article 10.2.2 (Limitation of liability of the Company), Article 11 (Intellectual Property), Article 13 (Confidentiality) Article 22 (Applicable law).

The Company has the right to suspend any Member from the Application or from access to the Services on such terms and conditions as the Company determines for any reason, including the purpose of carrying out an investigation into any allegation that the Member has breached these GCU. During any period of suspension, the Member shall have no right to use the Application.

In the event of suspension from the Application or of access to the Services and/or termination of these GCU in accordance with this Article 14, the Member shall have no right to any reimbursement or compensation for any payments, loss suffered by it or any third party.

15. Transfer of the GCU

The Company may at any time assign, mortgage, charge, declare a trust over or deal in any other manner with any or all of its rights under these GCU . The Member hereby declares to accept any change of control in the person of the Company and recognises any successor thereto as its co-contractor.

These GCU are personal to the Member and the Member shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under these GCU without the prior written agreement of the Company. Any breach of the foregoing shall entitle the Company to terminate the Member's Account, without prejudice to any damages that the Company may also be entitled to claim on this ground.

16. Accrued interest

The Parties agree that any amounts of interest accrued or accruing on sums paid to the Company for any reason (where by reason of payment, prepayment or refund) shall accrue to, and be for the benefit of, the Company only and for no other person.

17. Independence of the Parties

Nothing in these GCU is intended to, or shall be deemed to, establish any partnership, joint venture, employment or worker relationship between any of the Parties, or authorise any Party to make or enter into any commitments for or on behalf of any other Party constitute any Party the agent of another Party, save for as expressly set out elsewhere in these GCU.

Each Party confirms it is acting on its own behalf and not for the benefit of any other person.

The Parties acknowledge and agree that the GCU do not under any circumstances establish a hierarchy or any link of subordination between them and confirm that their contractual relationship does not pertain to a salaried activity. The Parties further agree that the Instant Jobs under this agreement are provided by the Delivery Driver to the User and not by the Delivery Driver to the Company. The Parties also acknowledge that these GCU do not establish any contract between the User and the Company for the undertaking of an Instant Job (which shall be provided to the Business Owner solely by the Delivery Driver, acting in its owns name).

The Delivery Driver shall independently manage or organise its activity in compliance with these GCU.

18. Miscellaneous

18.1. Entire agreement

These GCU, including the SC, and including their annexes, constitute the entire agreement between the Parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to their subject matter unless otherwise agreed in writing by any of the Parties. .

18.2. Severance

If any provision or part-provision of these GCU is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Article shall not affect the validity and enforceability of the rest of these GCU.

If any provision or part-provision of these GCU is invalid, illegal or unenforceable, the Parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

18.3. Headings

Article, section and annex headings shall not affect the interpretation of these GCU.

19. Third party rights

No one other than a Party to these GCU (and their successors and assigns) shall have any right to enforce any of the terms of these GCU.

20. Waiver

No failure or delay by a Party to exercise any right or remedy provided under these GCU or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

21. Variation

No variation to these GCU shall be effective unless it is in writing and signed by the Parties (or their authorised representatives).

22. Applicable law and jurisdiction

These GCU are subject to the law of England and Wales.

Each Party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these GCU or their subject matter or formation (including non-contractual disputes or claims). In the event of difficulty, notably in the interpretation, execution, cessation or termination of the GCU, the Parties shall first seek an amicable solution pursuant to these GCU, in the absence of which they expressly accept, within the limit of the legislation, to submit any dispute relative to the GCU to the exclusive jurisdiction of the courts of England and Wales.

II. Special conditions applicable to Delivery Drivers

The special conditions hereunder, which for the avoidance of doubt form part of the GCU, apply to the Delivery Drivers and are principally designed to ensure a high standardby the Delivery Drivers to the Business Owners.

1. General information

1.1. Prerequisites to becoming an Delivery Driver

The Company reserves the right to confirm or reject the application of an individual to become a Delivery Driver.

The Company further reserves the right to set conditions which must be satisfied by any individualseeking to become a Delivery Driver. Such conditions shall be communicated to the applicants by the Company from time to time and may include passing background checks or possessing certain qualifications or certifications. Should such conditions not be satisfied, the applicant will not be eligible to become a Delivery Driver and the relevant Account will be withdrawn. Should the failure to meet the conditions come to the attention of the Company after the relevant person has already become a Delivery Driver, the Company may suspend or terminate the Account of such Delivery Driver at any time as a result of the same.

1.1.1. Private individual

Any individual who is self-employed can become a Delivery Driver. To do this, it must register via the Application using the process accessible from the following link
http://driverstop.co.uk/join-us/

The individual, before being able to accept an Instant Job via the Application, must send to the Company the requested documentation, including evidence of identity.

If the Delivery Driver wishes to carry out an Instant Job using a motorised vehicle, the Delivery Driver must ensure it is appropriately insured and they have the correct insurances to undertake the Instant Job.

1.1.2. Accounts

Each registration on the Application and each Account and Login Information are personal to each individual Delivery Driver. Under no circumstances may a registration, Account or Login Information be shared with another individual or assigned to any other person. This information is confidential, as set out in Article 3.2 of the GCU. All individuals accepting an Instant Job and executing Deliveries of Goods via the Application must have their own personal registration as a Delivery Driver, have set up their own Account with personal Login Information and must have complied with the requirements relating to documentation set out in Article 1.1.1 and Article 1.2 of these SC.

The Company reserves the right to undertake checks to ensure that the Delivery Drivers are using the correct Accounts. The Company may suspend or terminate the Account of any Delivery Driver that is being shared or assigned to any other person.

1.2. Choice of Method of Transport

The Delivery Driver may choose the Method of Transport that will be used in carrying out the Instant Job. The Method of Transport must comply with all applicable legal requirements e.g. be in good working order, have a valid MOT certificate, tax and insurance and it is the Delivery Driver’s sole responsibility to ensure such compliance. The Method of Transport must also be in good operating condition. Maintenance operations on the Method of Transport, including the supply of fuel or, where applicable, battery charging, are the sole responsibility of the Delivery Driver, which is its exclusive owner or user, and the Company shall not be liable for any compensation or financial contribution in this respect or with respect to any damage caused to the Method of Transport.

The Delivery Driver must take out all appropriate insurances, to meet at least the minimum legal requirement (i.e. third party insurance) using its own resources and, subject to the provisions of Article 12 of these SC, it is the Delivery Driver's sole responsibility to ensure this.

The Delivery Drivermust provide a copy of its driving licenceand any other documentation and/or evidence which the Company may reasonably require.

1.3 Renewal of evidence required by the Company

The Company may request resubmission of documents detailed in 1.1.1. If the Delivery Driver fails to provide any of the documents requested within the required timeframes, the Company may automatically suspend access to the Services by the Delivery Driver.

1.4. Offer of Instant Job

To be able to accept an Instant Job, the Delivery Drivermust respect the following procedure:

Use the Application from its Device and login with its Account using its Login Information;
Declare its availability by clicking the ‘Accept Job” button provided on the Application;
Authorise the Application to use the geolocation function of its Device.

2. Availability of the Delivery Driver

Delivery Drivers must only accept an Instant Job if they are available for the time stated in the Application. Delivery Drivers are prohibited from working for other platforms for the duration of its Shift. Should such behaviour occur, any Delivery Drivers involved in this activity will have their access suspended and will no longer be able to accept Instant Jobs. The Company also reserves the right to terminate any such Delivery Driver’s Account.

If the Delivery Driverhas accepted an Instant Joband does not attend the Company reserves the right to suspend or terminate the Delivery Driver’s Account. A fine is also payable. This may have an impact on the Delivery Driver’s Ratings as set out in Article 6.5 of the GCU and result in the Delivery Driver being blocked from accepting the Business Owner’s Instant Job requests.

The Delivery Driver acknowledges and understands that the Company and the User may locate it, in real time, when its Device is switched on the Application, in compliance with the Privacy Charter. The Delivery Driveragrees to keep geolocation activated on its Device and not to adopt any form of GPS blocking.

Cancelling an Instant Job by the Delivery Driver will ensure a £10 reactivation charge. Not arriving for the job and not cancelling via the Application will incur a £50 reactivation charge.

3. Ratings

The Delivery Driverwill be directly notified if its Rating is below a reasonable average. If the Delivery Driver’s score is consistently low it may result in the suspension or termination of their account by The Company.

4. Limitation of liability of the Independent Courier

The Delivery Drivermay become liable for material damage and/or consequential loss, such as loss, theft, material damage, or destruction of the Goods during the Instant Job, except where the foregoing are due to factors such as, without limitation, fault of the Business Owner or the Recipient, a Force Majeure Event and/or a defect inherent to the Goods or insufficient packaging.

The Delivery Driver’s total liability for material damage and/or consequential loss, such as loss, theft, material damage, average or destruction of the Goods shall be the greater of:

i) the original value of the Goods; or
ii) the amount of their repair or reconstitution, in both cases up to the limit of 100 pounds sterling.

The User and/or Recipient must provide receipts to support any claim.

The Delivery Drivershall not be liable for any indirect loss resulting from the Delivery of Goods or the failure of the Delivery of Goods.

The Delivery Drivershall bear no liability to the Company for failure to carry out the delivery of Goods, as its sole responsibility for this service is to the Business Owner.

5. Payment

The Delivery Driver understands that The Company bears no responsibility for the payment of the Instant Job and that they have entered into an agreement directly with the Business Owner when accepting the Instant Job on the Application. An electronic contract is entered into between the Business Ownerand the Delivery Driver, under these GCU, on acceptance by the Delivery Driver of the Instant Job, the payment for which is the sole responsibility of the Business Owner.

If the Delivery Driver is suspended, terminated or closes their Account it is their responsibility to cancel their membership with the Company’s payment processor. The Company will not issue any refunds from the date of their suspension, termination orclosure of account up until their request for refund or reversal of payment of the membership or subscription.

If the Delivery Driver does not use the Services provided by the Application the Company will not issue any refunds or reverse any payments made to the company for membership or subscription.

6. Specific guarantees of the Delivery Driver

The Delivery Driver shall comply with all applicable legislation and regulations, includingemployment legislation (respect for maximum working duration of its employees, for example), and shall make all declarations (tax or social security, for example) required of it with regard to its activity as a Delivery Driver, and the Company shall not be liable for any compliance or failure to comply by the Delivery Driver.

The Delivery Driver is solely responsible for the accessories given to it by the Company and is their sole guardian. The Delivery Driver shall use the said accessories in accordance with these GCU.

The Delivery Driver shall comply with the Highway Code. It shall be solely responsible for any breach of the Highway Code and shall assume the consequences of any criminal proceedings. Any and all costs associated with any breach of the Highway Code, local regulations or criminal activity (including any parking fines or speeding violations) shall be borne by the Delivery Driver and the Company shall not be liable for any compensation or financial contribution in this respect.

The Delivery Driver shall take all possible precautions to be in the best possible condition, both physically and psychologically, for the duration of the Instant Job.

The Delivery Driver shall inform the Company if it no longer fulfils one or more conditions required to carry out an Instant Job, e.g. in the case of suspension/withdrawal of one or more of the documents mentioned in the GCU or these SC, within a period of twenty-four (24) hours after occurrence of the event. The Company reserves the right to suspend its access to the Services until it remedies the position. Any suspension, termination or withdrawal of the Service due exclusively to the fault of the Delivery Driver, such as driving a vehicle while under the influence of alcohol, offences under the Highway Code, transportation of a User for a valuable consideration, breach by the Delivery Driver of its confidentiality undertaking set out in Article 13 of the GCU, and/or breach of any other condition of the GCU shall not entitle the Delivery Driver to any compensation.

The Delivery Driver agrees that it shall act in good faith and will not commit any fraud or dishonesty against the Company or any User. The Delivery Driver will ensure that it uses the Application in the manner described in the GCU and these SC and will not take any steps to circumvent the Company’s processes or to influence the Ratings other than as envisaged in these GCU and any other operating standards that may be communicated to the Delivery Driver from time to time. Any breach of the foregoing shall entitle the Company to terminate the Delivery Driver’s Account, without prejudice to any damages that the Company may also be entitled to claim on this ground.

7. Personal data

The Delivery Driver shall respect the privacy of the Users and, where applicable, third parties such as the Recipient. The Delivery Driver shall comply with all applicable laws and with the Privacy Charter in respect of any personal data it processes for the purposes of carrying out an Instant Job.

8. Insurance

It is the responsibility of the Delivery Driver to ensure that all appropriate and relevant insurance are held and kept up to date for the purposes of carrying out their role as a Delivery Driver and undertaking an Instant Job. The Company does not provide any insurances to any Party.

III. Special conditions applicable to Business Owners

The special conditions hereunder, which for the avoidance of doubt form part of the GCU, apply to the Business Owners and are principally designed to ensure a high standard from the Business Owners to the Delivery Drivers.

1. General information

1.1. Prerequisites to becoming an Business Owner

The Company reserves the right to confirm or reject the application of the adult individual, or the corporate entity represented by a duly authorised individual known as the Business Owner to register on the Application.

To do this, it must register via the Application using the process accessible from the following link

http://driverstop.co.uk/join-us/

The Company assumes that by registering as a Business Owner that they are an operational business that requires the Services of the Application in that they require Delivery Drivers for the Delivery of Goods.

1.1.1. Accounts
Each registration on the Application and each Account and Login Information are personal to each Business Owner. The Company allows one Account per Business address and email address. Duplicate Accounts will only be activated if paid for and will be treated as a separate Account. Under no circumstances may a registration, Account or Login Information be shared with anyone or assigned to any other person.This information is confidential, as set out in Article 3.2 of the GCU. Business Owners posting an Instant Job via the Application must have their own registration, have set up their own Account with personal Login Information and must have complied with the requirements set out in Article 1.1 of these SC.

The Company reserves the right to undertake checks to ensure that Business Owners are using the correct Accounts. The Company may suspend or terminate the Account of any Business Owner that is being shared or assigned to any other person.

1.2Posting an Instant Job

To be able to post an Instant Job, the Business Owner must respect the following procedure:

Use the Application from its Device and login with its Account using its Login Information;
Declare the date, start time and duration of the Instant Job before clicking ‘Post this Job’ button on the Application.

2. Business Owner General Information

A Business Owner is able to post a job for up to 36 hours in advance via the Application.

The Business Ownercan use the Application to locate its Delivery Driver, in real time, when its Device is switched on the Application, in compliance with the Privacy Charter.

If a Business Owner offers a Delivery Driver, introduced to them by the Application, a permanent/temporary position they must inform the Company. The Company reserves the right to assign a recruitment fee payable by the Business Owner.

3. Ratings

The Business Owner will be directly notified if its Rating is below a reasonable average. If the Business Owner’s score is consistently low it may result in the suspension or termination of their account by The Company.

4. Payment

The Business Owner understands that The Company bears no responsibility for the payment of the Instant Job and that they have entered into an agreement directly with the Delivery Driver when posting an Instant Job and upon the Delivery Driver accepting the Instant Job on the Application. An electronic contract is entered into between the Business Ownerand the Delivery Driver, under these GCU, on acceptance by the Delivery Driver of the Instant Job, the payment for which is the sole responsibility of the Business Owner.

If the Business Owner is suspended, terminated or closes their Account it is their responsibility to cancel their membership with the Company’s payment processor. The Company will not issue any refunds from the date of their suspension, termination or closure of account up until their request for refund or reversal of payment of the membership or subscription.

If the Business Owner does not use the Services provided by the Application the Company will not issue any refunds or reverse any payments made to the company for membership or subscription.

5. Personal data

The Business Owner shall respect the privacy of the Users and, where applicable, third parties.. The Business Owner shall comply with all applicable laws and with the Privacy Charter in respect of any personal data it processes for the purposes of carrying out an Instant Job.

6. Insurance

It is the responsibility of the Business Owner to ensure that all appropriate and relevant insurance are held and kept up to date for the purposes of carrying out their role as a Delivery Driver and undertaking an Instant Job. The Company does not provide any insurances to any Party.

Annex 1: Privacy Charter

Definitions

Capitalised terms used in this Privacy Charter have the meaning given to them in the GCU. In addition, the following terms shall have the meanings set out below:

"Data Controller", "Data Processor", "Data Subject", "Personal Data", "Personal Data Breach", "Process/Processed/Processing", "Special Categories of Personal Data" and "Supervisory Authority" shall have the same meaning as in the Data Protection Laws;

"Data Protection Laws" means the General Data Protection Regulation (EU) 2016/679 ("GDPR") (together with laws implementing or supplementing the GDPR, in each case as amended and superseded from time to time), and/or all applicable laws, rules, regulations, regulatory guidance, regulatory requirements from time to time, in each case in each jurisdiction where the Services are delivered;

“Relevant Data Processor” means the Company or any Delivery Driver (as appropriate) acting as a Data Processor in connection with Personal Data supplied by the User as Data Controller in connection with the Services pursuant to these GCU; and

"Third Country" means any country which is not a Member State of the European Union.

Privacy Charter

This Privacy Charter sets out the details required by Article 28(3) GDPR. The subject matter and duration of the Processing, the nature and purpose of the Processing, the type of Personal Data and categories of Data Subject as required by Article 28(3) of the GDPR or equivalent provisions of any Data Protection Laws, relating to these GCU are set out in the Appendix below.

The User will provide the Company with the Personal Data that is necessary to facilitate delivery of the Services and any relevant Instant Job. The Delivery Driver will have access to this Personal Data through the Application. The Company and the Delivery Driver will process this Personal Data solely in connection with the Services and the Deliveries of Goods, including without limitation creating online reservations, giving effect to the delivery and issuing appropriate invoices.

The parties reserve the right to amend this Privacy Charter at any time during the term of these GCU by written notice from time to time as the parties reasonably consider necessary to comply with any legal requirement or guidance from a Supervisory Authority, or if required to take account of any changes to the Processing of Personal Data pursuant to these GCU.

For the avoidance of doubt, in circumstances where the Company holds Personal Data in the capacity of a Data Controller, the terms of the Company’s Privacy Policy (which is available on the Company’s website) shall apply.

It is agreed as follows:

1. When acting as a Relevant Data Processor in relation to Personal Data provided by the User acting as a Data Controller, the Company or any Independent Courier (as appropriate) shall:

a. not Process the Personal Data or disclose Personal Data other than in accordance with the User's documented instructions (whether in the GCU or otherwise) unless required by EU or Member State law to which the Relevant Data Processor is subject, in which case, the Relevant Data Processor shall to the extent permitted by such law inform the User of that legal requirement before the relevant Processing of that Personal Data;

b. implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk and shall take all measures required pursuant to Article 32 GDPR in relation to the Processing of Personal Data, taking account of the risks that are presented by Processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data transmitted, stored or otherwise Processed;

c. take reasonable steps to ensure the reliability of persons authorised to Process the Personal Data and ensure that such individuals have committed themselves to obligations of confidentiality;

d. promptly notify the User if it receives any communication from a Data Subject or Supervisory Authority under any Data Protection Laws in respect of the Personal Data, including requests by a Data Subject to exercise rights in Chapter III of GDPR and assist the User in the User's obligation to respond to these communications, provided that the User shall reimburse the Relevant Data Processor in full for all costs reasonably and properly incurred by the Relevant Data Processor performing its obligations under this clause 1.d (including internal costs and third party costs including legal fees);

e. notify the User without undue delay and in any case no later than forty-eight (48) hours, upon becoming aware of or reasonably suspecting a Personal Data Breach providing the User with information (as and when available) which allows the User to meet any obligations to report a Personal Data Breach under the Data Protection Laws and provide reasonable assistance to the User in relation to any Personal Data Breach. To the extent that a Personal Data Breach does not result from a breach by the Relevant Data Processor of its obligation in the GCU, the User shall reimburse the Relevant Data Processor in full for all costs reasonably and properly incurred by the Relevant Data Processor performing its obligations under this clause 1.e (including internal costs and third party costs including legal fees);

f. make available to the User on request all information necessary to demonstrate compliance with the obligations laid down in Article 28 of the GDPR and allow for and contribute to audits, including inspections, by an auditor mandated by the User. In relation to the Processing of the Personal Data by the Relevant Data Processor. The User shall give the Relevant Data Processor reasonable notice of any audit or inspection to be conducted and shall make (and ensure that each of its mandated auditors makes) reasonable endeavours to avoid causing any damage, injury or disruption to the Relevant Data Processor’s premises, equipment, personnel and business while its personnel are on those premises in the course of such an audit or inspection. The Relevant Data Processor need not give access to its premises for the purposes of such an audit or inspection: (i) to any individual unless he or she produces reasonable evidence of identity and authority; (ii) outside normal business hours at those premises, unless the audit or inspection is required to be carried out on an emergency basis by a Supervisory Authority; or (iii) for the purposes of more than one audit or inspection in any calendar year, except for any additional audits or inspections which the User is required or requested to carry out by Data Protection Laws, a Supervisory Authority or any similar regulatory authority responsible for the enforcement of Data Protection Laws. The User shall reimburse the Relevant Data Processor in full for all costs reasonably and properly incurred by the Relevant Data Processor performing its obligations under this clause 1.f (including internal costs and third party costs including legal fees);

g. provide reasonable assistance to the User in ensuring compliance with the obligations pursuant to Articles 35 and 36 of the GDPR taking into account the nature of Processing and the information available to the Relevant Data Processor, provided that in each case the User shall reimburse the Relevant Data Processor in full for all costs reasonably and properly incurred by the Relevant Data Processor performing its obligations under this clause 1.g (including internal costs and third party costs including legal fees); and/or

h. at the choice of the User, delete or return all the Personal Data to the User as soon as reasonably practicable and in any event within ninety (90) days, upon termination or expiry of this Agreement (or, if sooner, the service to which it relates). If the User does not inform the Relevant Data Processor of its choice to require the return or deletion of such Personal Data within ninety (90) days of the termination or expiry of the Agreement, or if sooner, the service to which it relates, then the User shall be deemed to have chosen the deletion of the User Personal Data. the Relevant Data Processor may retain User Personal Data to the extent required by EU or Member State law and always provided that such Personal Data is only retained for as long as is necessary to comply with that requirement.

2. The User authorises the Relevant Data Processor to appoint sub-contractors to Process the Personal Data ("sub-processors") subject always to the Relevant Data Processor meeting the conditions set out in Article 28(2) and (4) of the GDPR.

3. The parties acknowledge that in providing the services under this Agreement, the Relevant Data Processor may transfer Personal Data to a sub-processor (as importer) located in a Third Country ("International Transfers"). The User consents to such International Transfer, where either (i) the data recipient or the country in which it operates has been determined by the European Commission to ensure an adequate level of protection for the rights and freedoms of Data Subjects in relation to their Personal Data; or (ii) the Relevant Data Processor has entered into Standard Contractual Clauses (Processors) (as laid down in the Commission Decision 2010/87 EU of 5 February 2010 (or any subsequent version which replaces these) ("Standard Contractual Clauses"), under which the User (as exporter) will have direct contractual rights of enforcement against the sub-processor (as importer). The User hereby appoints the Relevant Data Processor to act as attorney on its behalf to enter into Standard Contractual Clauses as necessary to facilitate these arrangements.

4. The User represents, undertakes and warrants that all Personal Data Processed by the Relevant Data Processor has been and shall be collected and Processed by the User in accordance with Data Protection Laws and without limitation to the foregoing, the User shall take all steps necessary, including without limitation providing appropriate fair collection notices and ensuring that there is a lawful basis for the Relevant Data Processor to Process the Personal Data, to ensure that the Processing of the Personal Data by the Relevant Data Processor in accordance with this Agreement is in accordance with Data Protection Laws.

Appendix: Details of Processing Activities

Types of Data Subject whose Personal Data is Processed	Depending on the request of the User, the Relevant Data Processor will process the Personal Data of: The User; Employees of the User; and/or The Recipient
Types of personal data processed	The types of Personal Data will be limited to those which are necessary for the Service. This will include without limitation: User or Recipient name Contact details Business address Delivery addresses Any other relevant delivery information Signature (if required)
Special Category Personal Data Processed	N/A
The purpose, nature and subject matter of the Processing	The purpose, nature and subject matter of the Processing of Personal Data by the Relevant Data Processor, under these GCU, are those Processing operations which are necessary to provide the Services and the Deliveries of Goods which are referred to in these GCU
Duration of Processing	The Processing of the Personal Data referred to in this Privacy Charter shall occur throughout the term of the GCU, as requested by the User
Obligations and rights of the Controller	The rights and obligations of the Data Controller are as set out in these GCU and in this Privacy Charter