1. Definitions

1.1. Committed Driver refers to any Driver who applies and is accepted by Deliveree into the Committed Driver Program as specified by Deliveree;

1.2. Committed Driver Program refers to a program offered by Deliveree under which Committed Driver will be entitled to receive the Committed Driver Bonus upon fulfilling the program requirements set forth by Deliveree. Invitation to join the Committed Driver Program will be sent to the driver who, at Deliveree’s discretion, is qualified to join the Program;

1.3. Committed Driver Service Fee is the fee paid by the Committed Driver to Deliveree for the use of Services which shall be equal to a percentage of the daily amount that Committed Driver has earned from using the Services excluding the Committed Driver Bonus. Deliveree shall specify and update from time to time the exact percentage of the Committed Driver Service Fee by taking into account all factors concerning participation of the Committed Driver in the Committed Driver Program and overall circumstances relating to the Committed Driver Program. Deliveree will notify Committed Driver via email or SMS on the Committed Driver Service Fee upon any changes or updates;

1.4. Deliveree refers to Deliveree (Thailand) Co., Ltd., a company incorporated in Thailand with its registered office at the below address.

555/62-63 SSP Tower 1, 22nd Floor
Sukhumvit Soi 63 (Ekamai)
Khlong Tan Nuea, Wattana
Bangkok 10110, Thailand;

1.5 Deliveree Credits refers to credits, coins, or tokens purchased or obtained by User from Deliveree that can be used to procure the Services through which delivery of goods shall be made by the Driver.

1.6 Driver refers to any Committed Driver or any driver who has agreed with Deliveree to accept bookings from a User by means of the Services;

1.7 Indirect Loss or Damage refers to any loss or damage to any properties or rights of any person or any injury or harm to body or health of any person which may be indirectly caused by delayed or unsuccessful delivery of the Goods;

1.8 Committed Driver Bonus refers to any bonus or incentive in any forms offered to Committed Driver under Committed Driver Program existed at any given time.

1.9 Ordinary Transport Fare refers to delivery fee specified by the Software which the User shall pay to the Driver and the Driver shall collect from the User for delivery of Goods. Ordinary Transport Fare cannot be overruled or arbitrarily changed by the User and/or Driver.

1.10 Goods refers to any item, container, parcel, package, or domestic pet, either singularly or in plural that is transported by means of the Services;

1.11 Service or Services refers to the operations of Deliveree whereby, through the Software, the User makes a booking for delivery of Goods and the Driver accepts a booking from a User, and any other operations or activities of Deliveree which match User’s delivery booking with Driver and facilitate delivery of Goods, such as providing information on location of pick-up and drop-off points, contact information of User and Driver, and any information relating to the delivery, but do not include any actual activity of delivering Goods;

1.12 Service Fee refers to the required fee paid by Driver, excluding Committed Driver, to Deliveree for the use of Services. The Service Fee shall be equal to a percentage of the daily amount that the Driver has earned from using the Services. Deliveree shall specify and update from time to time the exact percentage of the Service Fee by taking into account all factors concerning participation of the Driver in the Service and overall circumstances relating to the Service. Deliveree will notify the Driver via email or SMS on the Service Fee upon any changes or updates;

1.13 Software refers to Deliveree’s technologies, website, and/or applications;

1.14 Terms and Conditions refers to these Terms and Conditions in their entirety, which are applied to the Services, as set out on “www.deliveree.com” and any amendments thereof made from time to time by Deliveree and published on its website and/or Software;

1.15 User refers to any person or customer of Deliveree who accesses, downloads, register, or utilizes the Software to make a booking for delivery of Goods by means of the Services.

2. Driver’s Obligations

2.1 Driver shall make reasonable efforts under the circumstances to deliver the Goods according to the estimated time frame and schedule although it is noted that these estimates time frames are estimates and may not accurately factor in extraneous conditions such as accidents, traffic, weather, power outages, civic or civil disruptions.

2.2 Driver shall, under the circumstances occurred during the process of delivery, take all reasonable precautions to prevent any loss or damage of the Goods beyond the wear and tear of ordinary transportation conditions or any unauthorized or illegal access to the Goods attempted by any parties.

2.3 Driver is obligated to use suitable and appropriate vehicle for delivery of Goods which reasonably ensures safe delivery and prevent loss, damage, or injury to the Goods, any property, or person.

2.4 Driver is responsible for providing his/her own device which must be compatible with the Software of Deliveree.

2.5 Unless the User uses Deliveree Credits to obtain the Services, the Driver is obligated to collect delivery fee, which shall be no more than the Ordinary Transport Fare, from the User upon completion of delivery.

2.6 Should the User uses Deliveree Credits, the Driver shall collect the full Ordinary Transport Fare from Deliveree. Should the User uses a discount promotion, the Driver shall collect the amount discounted under the promotion from Deliveree. In these cases, the payment by Deliveree shall be made in accordance with the schedules solely determined by Deliveree which shall not be less than one payment per month. When making these payments, the Driver allows Deliveree to withhold tax on the amount payable in accordance with the law.

2.7 Driver is obligated to collect no more than the Ordinary Transport Fare from the User upon completion of delivery.

2.8 Driver, except any Committed Driver, shall remit the Service Fee to Deliveree on Tuesday of every week. Late payment of the Service Fee will be subject to monthly interest calculated at a rate of 15% per annum.

2.9 Driver shall bear the costs and expenses relating to delivery of Goods including but not limited to repair and maintenance of their vehicle, gasoline, parking, tolls, fines or citations.

3. Driver’s Limited Liability

3.1 Driver shall not be liable for any loss or damage resulting from delays in delivering the Goods.

3.2 Drivers shall not be liable for any loss or damage of the Goods which arises from or is in relation to the following act, failure, or circumstances:

3.2.1 The User’s failure to perform its obligation under clauses 2.2 or 2.3 or comply with its obligation under clause 2.4 of the User’s Terms and Conditions;

3.2.2 The Driver’s failure to perform any of his obligations as a consequence of circumstances outside his control; or

3.2.3 Any acts, with intent or negligence, or omissions of any party other than the Driver.

3.3 Under any circumstances, Driver shall not be held liable for any Indirect Loss or Damage.

3.4 Driver shall not open and inspect the Goods and hence bear no responsibility for the legality of the Goods or their compliance with any laws or regulations.

4. Driver’s Prohibition

4.1 Driver shall not accept User’s booking for delivery of Goods for other Driver and shall not forward the booking he/she has accepted to other Driver or person under any circumstances.

4.2 Driver shall not perform any other delivery, or provide any other services from any person, or accept any User’s booking for delivery of Goods which may cause delay to the delivery that he/she has already accepted and in the process of performing the delivery.

4.3 Driver shall, by no means, use the Services or Software to commit, cause, induce, promote, or support any illegal acts or violate any legal rights or privacy of any person including tracking, stalking, and harassing any person.

4.4 Driver shall, by no means, use the Services or Software to produce or disseminate advertisements, spam, or any kind of messages which may cause nuisance to any parties.

4.5 Driver shall not take any action that may cause delay, damage, or destruction of the operation of the Services or Software or the servers and network those are linked to the Software.

4.6 Driver shall make no attempts to undermine, impair, or damage Deliveree’s Service or business, for example, attempting to circumvent the Service or Software by contacting the User directly, or discouraging the User to use the Service or Software. Deliveree reserves the full right to make its own determination of which action shall be recognized as such detrimental act.

4.7 Driver shall not commit any misrepresentation in the use of the Services or Software including acts of using the Services or Software in the name of another party. Driver shall also refrain from using the Software stored on device of any other person without permission.

5. Driver’s Personal Data

5.1 Driver confirms that any personal data provided to Deliveree is true and up to date.

5.2 Driver agrees to allow Deliveree use of his/her personal data (include but not limited to name, contact number, email, and address) and transfer such data to the User for the purpose of providing the Services. Driver also grants Deliveree the freedom to compile, collect, store, and update his/her personal data to such extent, for and at such time period as may be necessary during the time Deliveree provides the Services.

5.3 Driver agrees and acknowledges that Deliveree’s compilation, collection, storage, use and transfer of his/her personal data is subject to Deliveree’s Privacy and Personal Data Collection Policy (the “Privacy Policy”) as posted and periodically updated on Deliveree’s website and/or Software. Driver also acknowledges that he/she has read and understood the Privacy Policy before agreeing to the Terms and Conditions.

6. Specific Terms for Committed Driver

6.1 Apart from acting in compliance with this Terms and Conditions, Committed Driver must comply with the following requirements:

6.1.1 Committed Driver is obligated, on the days and at the times agreed, to accept all bookings from the Software and other bookings as communicated to the Driver by Deliveree.

6.1.2 Once Committed Driver has accepted any booking for delivery of Goods, the Committed Driver must not later reject to carry out the delivery of Goods that he/she has accepted.

6.1.3 Committed Driver must provide every delivery service with civility, friendliness, punctuality, and professionalism, maintain the premium service standard, and guarantee high satisfaction of the User or customer in accordance with the standard that Deliveree has provided and trained the Committed Driver;

6.1.4 Committed Driver must provide every delivery service with highest regard for the safety of any persons, properties, and Goods; and

6.1.5 Committed Driver must attend every training as requested by Deliveree.

6.2 Committed Driver acknowledge and accept that any failure to fulfill the obligation set forth in clause 6.1 may result in the immediate termination or reduction of the Committed Driver Bonus payable to the Committed Driver.
6.3 Committed Driver shall remit the Committed Driver Service Fee to Deliveree on Tuesday of every week. Late payment of the Service Fee will be subject to monthly interest calculated at a rate of 15% per annum.

7. Referral Bonus

7.1 Deliveree may, from time to time, offer referral bonus to the Driver who refers new User to use Deliveree Services.

7.2 The Driver’s entitlement to receive referral bonus and the payment of such bonus by Deliveree shall be subject to the conditions set forth in the referral policy. This policy forms part of the Terms and Conditions and by accepting these Terms and Conditions, theDriver also accepts and agrees to the referral policy.

7.3 While Deliveree will use its best effort to inform theDriver of any updates regarding the referral bonus, Deliveree reserves the right to commence or cease the referral bonus arrangement or amend the referral policy at any time as Deliveree deems appropriate.

8. Promotions

8.1 Deliveree will, from time to time, introduce promotions which shall be subject to prevailing regulatory requirements. Deliveree reserve the right to amend or withdraw any promotions at its sole discretion without prior notice.

9. Deliveree’s Disclaimer

9.1 Deliveree and its Services, including but not limited to its Services, Software, and customer service are provided to the Driver on an “as is” basis.

9.2 Deliveree provides no warranty, assurance, or promise that its Services, Software, or customer service will work as intended on Driver’s phone, computer, tablet or other device.

9.3 Deliveree does not warrant or guarantee the availability, reliability, timeliness, accuracy, or quality of the Services, or Software.

9.4 Deliveree is not liable for any losses, damages, claims, or costs including any consequential, indirect, or incidental losses or damages to the Driver’s mobile device or any applications stored therein as a result of installation or use of Deliveree’s Software.

9.5. Deliveree is not liable for any losses or damages, including but not limited to any injury which the Driver or any person may suffer, any damage to property owned by or in possession of the Driver or any parties, or any Indirect Loss and Damage, resulting from the Services, matters relating to Drivers, or the process of transporting the Goods. Any movement of the Goods involving a User and a Driver is a direct contract for hire between those parties to which Deliveree is not a party.

9.6 In providing the Services, Deliveree does not act as an agent or representative for any User or Driver and is not a party to the contract for hire between a User and a Driver.

9.7 Deliveree reserves the right to terminate any engagement with Driver or Driver’s account created for the Driver to use the Services or Software should Deliveree believes that the Driver violates any Terms and Conditions.

10. Miscellaneous

10.1 Deliveree may amend these Terms and Conditions from time to time and it reserves the right to do so without prior notice. Any amendments of the Terms and Conditions shall be posted on Deliveree’s website and/or Software.

10.2 Deliveree may amend the Service Fee and Committed Driver Service Fee from time to time and it reserves the right to do so without prior notice.

10.3 Deliveree may send any information regarding the Service or promotion to the Driver in the form of electronic messages which include, but not limited to, e-mail, SMS, automatic telephone message, or push notification on Software. The Driver permits Deliveree to send these electronic messages to the Driver via the contact channels provided to Deliveree by the Driver at the time of registering its account.

10.4 Driver accepts fully and unconditionally the current form of the Terms and Conditions as represented on Deliveree’s website and/or Software at each use of the Services.

10.5 These Terms and Conditions shall be governed by the laws of the Kingdom of Thailand and the Driver submits to the jurisdiction of the competent courts of the Kingdom.