Terms Of Service For Drivers

Terms Of Service For Drivers

Welcome to our website. These terms and conditions provide your use of our website and services provided therein. Throughout these terms and conditions, the terms “we”, “us” and “our” refer to www.pop-drivers.com whereas, “you”, “your” refers to users registering themselves as drivers at our platform. The word “agreement” used hereunder refers to these terms and conditions. Moreover, the words donating the gender in these terms and conditions include the masculine, feminine and neuter whereas, references in these terms and conditions to the singular words include plural and vice versa.

You acknowledge and agree that these terms and conditions are legally binding agreement between you and us. You are requested to read these terms and conditions carefully and if you do not agree with any of the provision herein provided, you should not access and use our website. If these Terms and conditions of service are considered an offer, acceptance is expressly limited to these Terms and Conditions.

WHEREAS, these terms and conditions WITNESSETH that in consideration of conditions herein contained, it is hereby covenanted, agreed, and declared by and among the parties (as defined herein) as follows:

SECTION 1: ABOUT US

www.pop-drivers.com is an online platform that aims to provide drivers to the restaurants for the purpose of delivering food to their clients. Individual users of our website can register with us as a driver or as a restaurant. If you are registering yourself as driver with us, you are obliged to follow these terms and conditions.

SECTION 2: REGISTRATION

In order to use our services, you are obliged to register yourself with us. For the purpose of registering yourself as drivers with us, you acknowledge and agree that:

  1. You will provide us correct and updated information about yourself.

  2. You will maintain and update your information from time to time.

  3. You have read and understood these terms and conditions.

  4. You agree with each and every provision provided herein.

  5. You have attained age of majority to enter into a contractual obligation with us.

  6. You will abide by our terms and conditions, policies, and rules.

  7. You should have lawful access to a vehicle. Your vehicle must comply with applicable laws. We do not operate as transportation carrier business.

  8. You will solely be responsible for fuel, taxes, permits, fine, fee imposed or assessed against your vehicle.

  9. You should have driving license.

  10. You are responsible for all the activities taking place on your account.

  11. You shall monitor your account strictly to restrict use by minors. You accept full responsibility for any unauthorized use of our services by minors on your account.

  12. You understand and agree that you shall not share your account or password with anyone. In case of unauthorized use of your account, you agree us to inform us immediately of such and authorized use of your account or any security breach.

  13. You agree that you shall exit from the account at the end of each session.

  14. You agree that if at any time, you give us any inaccurate information about yourself that is either not true or incorrect, we have authority to suspend or terminate your account and reuse your access or use of its properties or any portion thereof.

  15. You agree not to create an account with a false identity or information or on behalf of someone other than yourself.

  16. You agree that you shall have only one account at given time.

  17. We shall have the right to remove or reclaim any users at any time, for any reason including but not limited to, claims by a third party that a user violates the third-party’ rights.

  18. You shall provide all equipment and software necessary to connect to our services, including but not limited to, a mobile device to connect and use the company properties, in cases where the services offer a mobile component.

  19. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing our services and properties.

You acknowledge and agree that, we have a right to do prior screenings and checks of drivers and may engage in processes that may be useful to verify the identities or check the backgrounds including without limitation, validity of license, previous convictions. Moreover, you also acknowledge and agree that we may do it at our sole discretion and therefore, are not obliged to do it.

SECTION 3: CONSIDERATION

www.pop-drivers.com understands that services provided by drivers to restaurants through our platform constitute sufficient consideration. Therefore, drivers providing services through our platform shall be given _____ amount per delivery. However, payment shall be made to them on a weekly basis on each Thursday. Moreover, they will also be allowed to withdraw their cash whenever they want.

Once an order is accepted by a driver it shall have ______ hours to cancel it. Failure to cancel the accepted order within stipulated time will be considered as acceptance and therefore, you shall be bound to deliver the order.

SECTION 4: RULES AND REGULATIONS

You acknowledge and understand that:

  1. You shall not accept the order you do not intend to deliver.

  2. You shall not disclose confidential information of clients of restaurants to anyone.

  3. You shall not violate applicable laws and traffic rules.

  4. You will not harass, threaten, intimidate anyone while providing services.

  5. You shall not engage in any criminal activity.

  6. You shall solely be responsible for your acts, neglects, and conducts.

  7. You will not falsely report your geographic location.

  8. If any tragedy, accident happens to you while delivering the food we shall not be held liable to indemnify you.

  9. If any tragedy accident happens to you, you shall immediately inform us.

  10. You will make sure your vehicle is in good condition before accepting order to deliver the food.

  11. You shall use the bag given to you by www.pop-drivers.com while providing your services.

  12. You agree that once your registration is terminated with us, you shall return the bag to www.pop-drivers.com

  13. You shall wear hat while providing your services.

  14. You shall keep GPS access enabled and connected to internet.

  15. You should perform pick up and drop off in a timely manner and sequence.

  16. You should notify customers of your arrival.

  17. You should wait for a customer to show up at requested pick up location.

  18. You should perform your duties diligently and in a professional manner.

SECTION 5: INDEMNITY

You agree to indemnify and hold harmless us from all claims, actions, losses, judgments, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of your breach or alleged breach of any provision of this Agreement, your violation of applicable law.

SECTION 6: OUR INTELLECTUAL PROPERTY

www.pop-drivers.com is our sole property. We grant you a personal, non-exclusive, non- transferable, and revocable right to access and use of our website, whereas your right is conditioned on your compliance with our terms and conditions. The content included on or accessible through our website, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software is our exclusive property and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and subject to applicable laws and regulations.

Our Content shall not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without our prior written consent. You agree to not use or exploit our Content in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion, and deactivation of any content protection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any of our content.

SECTION 7: OUR WARRANTY

You acknowledge and agree that this site is made available to you on an "as is" basis without any express or implied warranty. We do not warrant:

  1. Accuracy, truthfulness, reliability, legality, completeness, and timeliness of this site.

  2. That this site will be error free, or that this site and its services are free of computer viruses or other harmful mechanism.

If our website directly or indirectly results you in need of replacing equipment, date, service we shall not liable for the cost incurred to you. You use our website at your own risk and agree that in no event we shall be liable for any direct or indirect damages, loss of profit, loss of data resulting from or arising in connection with access or inability to access our website whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages.

SECTION 8: TERM AND TERMINATION

These terms and conditions will remain in full force and affect while you are using our services. You agree that we have the right to terminate, limit, remove your use of our services at our sole discretion if you breach our terms and conditions, or if are unable to verify or authenticate any information you submit to us while registration. Whereas, if you want to terminate your registration with us you may do so by:

  1. Giving us notice at any time.

  2. Deleting your account.

Once your registration with us is terminated, all of your data, password, other information will be deleted. However, we shall not be held liable to you for suspending or terminating your use of our services. Moreover, all the provisions of these terms and conditions which should survive by nature, shall survive the termination of these services including but not limited to warranty, indemnity, property ownership.

SECTION 9: COMMUNICATION

By registering with us, you consent us to communicate with you through your registered e-mail or telephone within your account. All the communication between us shall be construed as effective from the date of reception. However, it is your responsibility to read all the communication we transfer to you. Moreover, all the communication shall be made in English and any communication made otherwise shall only be for the convenience purpose and shall not be legal binding. Only English version of such communication will be binding. You agree that you are solely responsible for keeping the information confidential and we shall not be held liable for any loss or harm caused to you as result of disclosure of such communication.

SECTION 10: THIRD PARTY SITES/LINKS

Our website may provide third parties link and you acknowledge and agree that you deal and interact with advertisers and other third parties accessible through our website at your own responsibility. These dealings may include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. We provide these third-parties links and sites only for your convenience and you agree that they shall be considered as endorsement from us. You shall access and use such third-party sites, including the content, items, or services on those sites, solely at your own liability. We do not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that we will not be held liable if any loss, harm is caused to you as a result of presence, interaction or dealing with such third parties links, ads on accessible on our website.

If any dispute arises between you and such third parties you agree that we shall have no obligation to involve, intervene in the matter. You release us from any or all the claims, demands, damages of any kind whether known or unknown, suspected or unsuspected, disclosed or undisclosed arising in connection with such disputes.

SECTION 11: DISPUTE RESOLUTION

In case of any dispute with us you are encouraged to contact us first. We aim to resolve the matter without resorting to legal proceedings. We will try to resolve the matter internally; however, you agree that you shall keep the discussion confidential. If we could not resolve the matter internally by negotiation and you want to initiate legal action you shall send us a notice of claim before commencing legal action. However, you agree that all the disputes regarding these terms and conditions shall be resolved according to the governing Laws of ________ United States of America and venue is to be lie exclusively in the courts of competent jurisdiction.

SECTION 12: VIOLATIONS

In the event, we find out that you have breached our terms and conditions you agree that we shall have right to investigate the matter. If you have violated any applicable law, we reserve the right to refer the matter to applicable legal authorities. Moreover, you also acknowledge and agree that we have a right to disclose any information or content provided by you, in our position in connection with your use of our services to.

  1. Comply with applicable laws, government request, legal process.

  2. Enforce these terms and conditions.

  3. Respond to any claim if you have violated anyone’s right using our website.

  4. Respond to custom service requests.

  5. Protect our rights, property and personal safety of ourselves, our users or public in general.

In the event, you breached our terms and conditions, you agree that we have right to

  1. Warn you by email.

  2. Discontinue your use of our services.

  3. Notify law enforcement for further action in case of serious breach or consequences.

  4. Carry out any other action which we may deem appropriate.

SECTION 13: INTERACTION WITH OTHER USERS

You hereby understand and acknowledge that you shall solely be responsible for your interaction with other users of the services and any third parties whom you may interact through our website, provided, however, we shall have the right but no obligation to intervene in such disputes. Moreover, our website may contain content that is provided by other users or third parties and you agree that we will not be held liable to control such content. You agree that we have no responsibility if any loss or harm is caused to you as a result of such interaction or content. You interact with other users, parties through our website at your own risk.

SECTION 14: INDEPENDENT CONTRACTORS

It is expressly agreed that the relationship between the Parties shall not constitute a partnership, or joint venture, employment, or any other relationship. Parties will be independent contractors and neither party shall be deemed to be an employee, agent, partner, joint venture, or legal representative of the other for any purpose.

SECTION 15: MISCELLANEOUS

  1. Performance by either party under this agreement is excused during the period such performance is prevented or delayed by the government restrictions (whether with or without jurisdiction), war or warlike activity, insurrection or civil disorder, or any other cause similar or dissimilar to the foregoing that are beyond the control of the parties and not enforceable at the time the agreement is executed.

  2. It is hereby agreed that we may at our sole discretion, amend, alter, change, any of the provision of these terms and conditions and such modifications shall be adhered to and have the same effect as if they had been originally embodied in and formed a part of these terms and conditions.

  3. Any captions or headings used in these terms and conditions are solely for the convenience of the parties hereto, are not part of these terms and conditions, and are not to be used for the interpretation or determination of validity hereof.

  4. If any particular provision of these terms and conditions is determined to be invalid, the invalidity and enforceability would not affect the remaining provisions, which will nevertheless remain in full force and affect.

  5. You are not allowed to assign or transfer any right or obligation to any third party without the written consent of us however, you understand that we may assign or transfer some, all or any of our rights and duties with or without notice to you.

  6. Our website may from time to time, contains links to other sites whose privacy practices may be different from ours. In case, you submit personal information to any of those sites, your information is governed by their privacy policies and we shall not be held liable for any loss of data or personal information thereof. We request you to carefully read the privacy policy of any other website or application you visit.

  7. If you have queries, problems, or any feedback you are encouraged to contact us at (855) 998 6263. We will try to resolve any complaint within seven (7) business days from the date we receive the complaint.