Driver using this application and Deliver Logic, Inc.’s, hereinafter referred to as “DeliverLogic,” services, for good and valuable consideration, agrees to the following terms and conditions of their usage of the application and/or service and/or the data so provided. If you do not agree to these Terms or any of its parts, you are prohibited from using this application or service and must immediately cease and desist any usage of this service, data, or application. It is understood that the driver is solely a contractor or employee of their localized Restaurant Delivery Service, and Deliver Logic Inc. is a software provider used to help connect driver, Restaurant Delivery Service, and Restaurant.
It is of tantamount importance that all drivers follow the safe driving instructions included in this document.
1. Driver Code of Conduct
a. Road information prevails. The information provided by the Service or its affiliated applications is not intended to replace the information provided on the road, such as travel direction, time-based restrictions, lane restrictions, road blockades, traffic signs, traffic lights, police instructions, etc.
b. Cautious driving. Always drive vigilantly according to road conditions and in accordance with traffic laws. It is strictly forbidden to interact with the application while operating the motor vehicle other than verbally. It is encouraged that you pull over or allow your passenger to interact if necessary.
c. Drugs. Drivers are not permitted to use any drugs, alcohol, or alcohol within 12 hours of undertaking a delivery route. Under no circumstances shall a driver be under the influence of any of the above or other illegal substances while operating the DeliverLogic application.
d. Prescription Drugs. Drivers may not use prescription drugs that cause drowsiness while using the application while making deliveries.
e. Food Handling Quality Standards.
i. It is strictly forbidden to open any bags and/or rearrange the contents of any bag once you receive the packaged order from the restaurant.
ii. Once the restaurant closes each container, drivers may not open, touch, sample, or eat from any of the food containers.
iii. Do not let the product sit for too long. Immediately pick up the product and deliver it to the intended guest as soon as possible, preferably within 30 minutes.
iv. All containers should be secured, so the product does not shift or get damaged during transit.
v. Individual to-go containers should be kept in a plastic bag or warming bag in order to protect the product and keep it warm.
vi. It is strictly forbidden to allow the product to be contaminated in any way, such as storing
in the trunk next to fuel or other chemicals, storing next to a pet or animal, storing the food
next to an open window, or allowing rain/weather to contact the product.
vii. If the product has been damaged or compromised in any way, do NOT deliver it to the guest.
Instead, contact the dispatch team for further instructions.
viii. You are encouraged not to smoke near any food, including in the car.
2. Driver Terms
a. Location-based Service. Some features of the Service make use of detailed location and route information, for example, in the form of GPS signals and other information sent by your mobile device on which the application is installed and activated. These features cannot be provided without utilizing this technology.
b. Internet. The Internet connection required to use the Service and any associated charges (e.g., mobile data expenses) incurred by your use of the Service is your exclusive responsibility and made solely at your expense. Transmitting and receiving real-time updates to and from the Service requires an online (e.g., Wi-Fi, 3G, 4G) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), according to its applicable payment terms.
c. Claims and Violations. Driver represents that they will notify Restaurant Delivery Service of any pending or threatened claims that would affect their ability to operate or perform or their subsidiaries' abilities to operate or perform. This includes any charges of Reckless or Dangerous Driving.
Driver shall indemnify, defend and hold DeliverLogic and each of its subsidiaries and affiliates, and each of their respective past or present officers, directors, agents, servants, employees, stockholders, predecessors, successors or assigns, and all persons acting by, through, and under, or in concert with them, harmless against all losses, damages, claims, liabilities, and expenses (including reasonable legal fees) resulting from
(i) any of its acts or omissions or the acts or omissions of its employees, contractors, or representatives hereunder;
(ii) its breach of this Agreement, negligent acts or omissions, or willful misconduct in performing under this Agreement;
(iii) claims that materials supplied by it infringe or conflict with the rights of third parties. The driver is responsible under this section for the actions of its employees, Customer Third Party Providers, agents, and subcontractors;
(iv)any damages or liability incurred against DeliverLogic arising from delivery or marketing of foodor restaurant services or any automobile transportation.
EXCEPT FOR INDIRECT DAMAGES AS A RESULT OF EITHER PARTY’S INDEMNIFICATION OBLIGATIONS HEREIN, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR (A) ANY LOST PROFITS OR CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, EVEN IF ONE OR BOTH PARTIES KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION I REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT THE PARTIES WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY.
5. Insurance Coverages:
Driver, at its sole cost and expense, shall maintain at all times during their own liability insurance as required by local state law. It is understood that in situations where more than one insurance company is liable (National Restaurant, Franchisee Restaurant, DeliverLogic, Restaurant Delivery Service, and Driver) that liability will first arise with the Driver, then the Restaurant Delivery Service, then Deliver Logic, then the Franchisee Restaurant, and finally the National Restaurant. You agree to indemnify each party for failure to meet the required insurance requirement.
6. Governing Law.
This Agreement will be governed by the laws of New York, without regard to conflict of laws principles. The parties consent to the exclusive jurisdiction and venue of courts in New York County, New York in all disputes arising out of, or relating to, this Agreement.
The provisions of this Agreement are severable, and the unenforceability of any such provision of this Agreement will not affect the enforceability of the remainder of this Agreement. The parties acknowledge that it is their intention that if any provision of this Agreement is determined by a court to be unenforceable as drafted, that provision should be construed in a manner designed to effectuate the parties’ purpose in agreeing to that provision to the greatest extent possible under applicable law.
8. Relationship of Parties.
The parties acknowledge that Driver is an employee or independent contractor of Restaurant Delivery Service and or Delivery Service provider and not DeliverLogic. The Restaurant Delivery Service is electing to hire DeliverLogic as a software provider offering service only. This service connects Restaurants with Delivery/Marketing companies but has no oversight or management therein of DeliverLogic. Nothing in this Agreement or any exhibit will be construed as creating a partnership, joint venture, agency, or fiduciary relationship between the parties or as authorizing either party to act as agent for the other or to enter into contracts on behalf of the other.
You agree to receive emails, push notifications, text messages, MMS messages, or other types of messages directly sent to you outside or inside the Application (collectively, "Push Messages"). Some of the Push Messages may be related to your location or to your use of the Application or Content. Your carrier may charge standard messaging, data, and other fees for the use of Push Messages, and these fees may appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Push Messages and certain Push Messages may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. You may discontinue Push Messages in your device’s or the Application’s settings or by deleting the Application. We may collect information related to your use of Push Messages.
10. Applicable Laws and Regulations.
Driver warrants that they will comply with all applicable laws and regulations. Additionally, they will adhere with any reasonable guidelines created by DeliverLogic, Restaurants, and Restaurant Delivery Service upon request with reasonable notice.
This Agreement may be modified or amended only by a separate writing signed by Driver and DeliverLogic expressly, so modifying or amending this Agreement.