DRIVER’S TERMS AND CONDITIONS
Please read this page carefully. It contains the Terms and Conditions governing your access to and use of the Deliveree Software, and the Services (as each defined below) provided by Deliveree.
If you accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Deliveree Software and/or the Services. By using the Services, you hereby expressly agree to these Terms and Conditions.
These Terms and Conditions are effective as of August 2018. If you have any questions, feel free to email us at email@example.com
1.1. “Deliveree” refers to Deliveree Private Limited, and PT Angkut Teknologi Indonesia, or its affiliates, as the context requires, (collectively “Deliveree”)1.2. “Deliveree Credits” refers to credits, coins, or tokens purchased or obtained by User from Deliveree that can be used as payment for the Transport procured through the Services.“
1.2. “Deliveree Driver Contractor” refers to any Driver Contractor who applies and is accepted based on the requirements specified by Deliveree. Deliveree Driver Contractor also refers to any individual or any driver who has agreed with Deliveree to accept bookings from a User by means of the Services;
1.3. “Deliveree Driver Contractor Bonus” refers to any bonus or incentive, monetary or in any other form, offered to a Deliveree Driver Contractor at any given time;
1.4. “Goods” refers to any item, container, parcel, package, either singularly or in plural that is transported by means of the Services;
1.5. “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 was sustained during the provision of the Services but is not proximately caused by the delayed or unsuccessful delivery of the Goods;
1.6 “Operational Advance” refers to a certain amount of money provided by Deliveree to Deliveree Driver Contractor for the purpose of supporting the Deliveree Driver Contractor’s obligations pursuant to these Terms and Conditions.
1.7 “Operational Advance Terms and Conditions” refers to the terms and conditions governing the provision of Operational Advance from Deliveree to Deliveree Driver Contractor.
1.8 “Operational Purposes” has the meaning referred to in clause 12.1 of these Terms and Conditions.
1.9. “Ordinary Transport Fare” refers to the delivery fee specified in the Software which the User is required to pay to the Deliveree Driver Contractor and the Deliveree Driver Contractor is entitled to collect from the User for delivery of the Goods. Ordinary Transport Fare cannot be overruled or arbitrarily changed by the User and/or Deliveree Driver Contractor. The Ordinary Transport Fare includes standard transportation fare calculated by the distance of delivery and the fees for optional services, which includes, but not limited to, trolley, driver as helper for Goods loading and unloading, or extra helper.
1.10 “Service” or “Services” refers to the service provided by Deliveree whereby, through the Software, the User makes a booking for delivery of Goods and the Deliveree Driver Contractor accepts a booking from a User, and any other operations or activities of Deliveree which includes matching User’s delivery booking with a Deliveree Driver Contractor and facilitating 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 and service requested by the User to the Deliveree Driver Contractor. The Services expressly excludes actual provision of transportation or any actual activity of delivering Goods;
1.11. “Service Fee” refers to the required fee paid by a Deliveree Driver Contractor, to Deliveree for the use of Services. The Service Fee shall be equal to a percentage of the daily amount that the Deliveree Driver Contractor 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 Deliveree Driver Contractor in the Service and overall circumstances relating to the Service. Deliveree will notify the Deliveree Driver Contractor via email or SMS on the Service Fee upon any changes or updates;
1.12 “Software” refers to Deliveree’s technologies, website, and/or applications;
1.13 “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 the Website and/or Software;
1.14 “Transport” refers to the services performed by the Deliveree Driver Contractor which includes the provision of providing a vehicle or transportation and bringing Goods from point A to point B, as well as actual assistance in the delivery and pick-up of goods including provision of extra helpers for loading and unloading of Goods;
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.
1.16. “Website” refers to www.deliveree.com and/or any of its subdomains.
2. Deliveree Driver Contractor’s Obligations
2.1 Deliveree Driver Contractor shall make all commercially reasonable efforts, under the circumstances, to deliver the Goods within the estimated time frame and schedule. While it is acknowledged that these estimated time frames are mere approximations and may not accurately factor in extraneous conditions such as accidents, traffic, weather, power outages, civic or civil disruptions.
2.2 Deliveree Driver Contractor shall, under the circumstances occurred during the process of delivery, take all reasonable precautions to prevent any loss or damage to the Goods beyond the wear and tear of ordinary transportation conditions or allow any unauthorized or illegal access to the Goods attempted by any parties.
2.3 Deliveree Driver Contractor is obligated to use vehicle(s) which are suitable and appropriate for delivery of Goods which reasonably ensures safe delivery and prevent loss, damage, or injury to the Goods, or to any person or property.
2.4 Deliveree Driver Contractor is responsible for providing his/her own device which must be compatible with the Software.
2.5 The Deliveree Driver Contractor is obligated to collect delivery fee, the Ordinary Transport Fare, from the User upon completion of delivery. Failure of the Deliveree Driver Contractor to collect the Ordinary Transport Fare does not exempt the Deliveree Driver Contractor from payment of the Service Fee.
2.6. In the event User was issued Deliveree Credits or discount promotion coupons, and has used the same for payment of the Ordinary Transport Fare, Driver Contractor shall be entitled to collect the difference between the Ordinary Transport Fare actually collected from the User and the Ordinary Transport Fare reflected in the Software prior to application of the Deliveree Credits and/or discount promotion coupons. In these cases, the payment by Deliveree shall be made in accordance with the schedules determined by Deliveree which, in any case, shall not be less than one payment per month. When making these payments, the Deliveree Driver Contractor acknowledges and authorizes Deliveree to withhold the applicable taxes on the amounts payable by Deliveree, in accordance with the law.
2.7 Deliveree Driver Contractor is obligated to collect no more than the Ordinary Transport Fare from the User upon completion of delivery.
2.8 Deliveree Driver Contractor shall bear the costs and expenses relating to delivery of Goods including but not limited to procurement of the vehicle, repair and maintenance of the vehicle, gasoline, parking, toll fees. Any fine or fees for citations or violations shall be for the account of the Driver.
3. Deliveree Driver Contractor’s Limited Liability
3.1 Deliveree Driver Contractor shall not be liable for any loss or damage resulting from delays in delivering the Goods, unless such delay is due to Deliveree Driver Contractor’s willful act, or gross negligence.
3.2 Deliveree Driver Contractors shall not be liable for any loss or damage of the Goods which arises from or is suffered in relation to the following:
3.2.1 The User’s failure to perform its obligation under clauses 2.2 and 2.3;
3.2.2. The User’s violation of its warranty under clause 2.5 of the User’s Terms and Conditions;
3.2.3. The Deliveree Driver Contractor’s failure to perform any of his obligations as a consequence of circumstances outside his control, in which case, Deliveree Driver Contractor shall exercise all commercially reasonable efforts to mitigate any loss or damage that may be suffered by the Goods as a consequence thereof; or
3.2.3 Any acts or omissions, whether done intentionally or due to negligence, of any party other than the Deliveree Driver Contractor.
3.3 Under no circumstances will Deliveree Driver Contractor be held liable for any Indirect Loss or Damage.
3.4 Except as provided under clause 6.4., 6.5., and 6.6. of the User Terms and Conditions, Deliveree Driver Contractor is prohibited from opening and inspecting the Goods and hence bear no responsibility for the legality of the Goods or their compliance with the applicable laws or regulations.
4. Deliveree Driver Contractor’s Prohibition
4.1 Deliveree Driver Contractor may only accept bookings from Deliveree and shall not accept or solicit any booking for delivery of Goods directly from a User or from another Driver.
4.2. Deliveree Driver Contractor shall be responsible for the booking that he has accepted and is prohibited from forwarding the booking to another driver or person under any circumstances.
4.3. Deliveree Driver Contractor shall not perform any other delivery, or provide Transport to any other 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.
4.4. Deliveree Driver Contractor shall, by no means or circumstances, use the Services, Software or the acceptance of the booking and provision of the Transport, to commit, cause, induce, promote, or support any illegal acts or violate the personal and property rights or privacy of any person including tracking, stalking, and harassing any person.
4.5 Deliveree Driver Contractor shall, by no means, use the Services, Software, or the acceptance of the booking and provision of the Transport, to produce or disseminate advertisements, spam, or any kind of messages which may cause nuisance to any party.
4.6. Deliveree Driver Contractor shall not take any action that may cause delay, damage, or destroy the operation of the Services or Software or the servers and network in which the Software is connected.
4.7 Deliveree Driver Contractor shall make no attempts to undermine, impair, or damage Deliveree’s Service or business, for example, by 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 is analogous to the foregoing and recognize the same as such detrimental act.
4.8. Deliveree Driver Contractor 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 Contractor shall also refrain from using the Software stored on device of any other person or allow another person to use his account.
4.9. Deliveree Driver Contractor shall ensure custody of his device where the Software is installed at all times, as well as his username and password. Driver Contractorshall responsible for any booking or activity done through his account and may not excuse himself from liability should a third party access the same without his consent. In the event Driver Contractor’s device was lost or stolen, he shall immediately inform Deliveree of such and work with Deliveree in ensuring that the data stored therein will not be illegally used or misappropriated.
5. Deliveree Driver Contractor’s Personal Data
5.1 Deliveree Driver Contractor confirms that any personal data provided to Deliveree is true and up to date. Should there be any changes in the data provided, Deliveree Driver Contractor confirms that he will inform Deliveree of such change as soon as possible, in any case not later than 24 hours after the change occurred.
5.2 Deliveree Driver Contractor 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 to provide the Services and coordinate the Transport. Deliveree Driver Contractor also grants Deliveree the freedom and authority 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.
6. Specific Terms for Deliveree Driver Contractor
6.1 Apart from acting in compliance with this Terms and Conditions, Deliveree Driver Contractor must comply with the following requirements:
6.1.1 Deliveree Driver Contractor is obligated, on the days and at the times agreed, to accept all bookings from the Software and any other bookings communicated to him by Deliveree.
6.1.2 Once Deliveree Driver Contractor has accepted any booking for delivery of Goods, the Deliveree Driver Contractormust not later reject to carry out the delivery of Goods that he/she has accepted.
6.1.3 Deliveree Driver Contractor must provide every delivery service with civility, friendliness, punctuality, and professionalism, maintain the premium service standard, and strive to attain high satisfaction of the User or customer in accordance with the standards provided by Deliveree and the training given to the Deliveree Driver Contractor ;
6.1.4 Deliveree Driver Contractor must provide the Transport with highest regard for the safety of any persons, properties, and Goods; and
6.1.5 Deliveree Driver Contractor must attend every training as requested by Deliveree.
6.2 Deliveree Driver Contractoracknowledges and accepts that failure to fulfill any of the obligations set forth in clause 6.1 may result in the immediate termination or reduction of the Driver Bonus.
7. Referral Bonus
7.1 Deliveree may, from time to time, offer referral bonus to the Deliveree Driver Contractor who refers new User to use Deliveree Services. A new User is defined as someone who has never availed of Deliveree Services either through the Software or via other methods of booking.
7.2 The Deliveree Driver Contractor’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, the Deliveree Driver Contractor also accepts and agrees to the referral policy.
7.3 While Deliveree will use its best effort to inform the Driver 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. Discontinuation or amendment of the referral policy shall not affect the Deliveree Driver Contractor’s right to referral bonus earned prior to the amendment or discontinuation.
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 in accordance with the applicable regulatory requirement, if any.
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 Deliveree Driver Contractor on an “as is” basis.
9.2 Deliveree provides no warranty, assurance, or promise that its Services, Software, or customer service will work as the whole time as intended on Deliveree Driver Contractor’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 Deliveree Driver Contractor’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 Deliveree Driver Contractor or any person may suffer, any damage to property owned by or in the possession of the Deliveree Driver Contractor or any parties, or any Indirect Loss and Damage, resulting from the Services, matters relating to Deliveree Driver Contractors, or the process of transporting the Goods. Any movement of the Goods involving a User and a Deliveree Driver Contractor 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 either the User or Deliveree Driver Contractor and is not a party to the contract for hire between a User and a Driver.
10. Intellectual Property Rights
10.1. The Website, the Software, and all rights, title, and interest in and related thereto are the sole property of Deliveree, its licensors, and are protected by Intellectual Property Laws. Except for, when applicable, the limited licenses expressly granted to you in these Terms and Conditions, Deliveree reserves for itself and its licensors all other rights, title to, and interest.
10.2. Third party materials, if any, and all rights, title, and interest pertaining thereto, are the sole property of the relevant third parties and are subject to any applicable licenses, conditions and/or reservations.
10.3. Without limitation on the foregoing, Deliveree Driver Contractor may not reproduce, copy, modify, display, sell or distribute the Software, or any content displayed on the Software, or use them in any other way for public or commercial purpose without securing the consent of Deliveree, and or the relevant third party. Violation of this provision would automatically terminate your permission to use the Software or access the Services, as such you must immediately destroy any and all copies you made of the Software or any content displayed therein.
10.4. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the sites; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider,” any web pages or any Services provided on the Software other than any search engine and search agents available from Deliveree on the Software and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari, Opera, Chrome, etc.); and (c) aggregating, copying or duplicating in any manner any of the content or information available from the Software, without the express written consent of Deliveree. The use of the content from the Software on any other website, intranet, or in a networked computer environment for any purpose is strictly prohibited.
10.5. “Deliveree,” “Deliveree Logo,” “d logos,” “welcome to the REVOLUTION,” and certain other names or logos are service marks or trademarks of Deliveree, and all related product and service names, design marks and slogans are the service marks or trademarks of Deliveree. The “look and feel” of the Software and Website (including, without limitation, the color combinations, button shapes, layout, design, and all other geographical elements) are also protected by Deliveree trademarks, service marks, and copyrights). Any code that Deliveree creates or may have created to generate or display the Software, Website or the pages of the Website are also protected by intellectual property rights. All other trademarks and service marks contained on the Software and Websites are the trademarks or service marks of their respective owners.
11. User Submitted Content and Feedback
11.1. Deliveree welcomes comments, and suggestions regarding the Services, Transport, and the Software and Website. Please note however, that Deliveree does not accept nor consider creative ideas, suggestions, inventions or materials other than those which it has specifically solicited or requested.
11.2. If you submit feedback regarding the Software, Website, Services or Transport, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If you proceed, despite this notice, in sending Deliveree creative suggestions, ideas, drawings, concepts, inventions, or other content or information, you understand and agree that these submissions shall become property of Deliveree. Further, by submitting the same, you irrevocably assign the right to these submissions and Deliveree shall own exclusively all rights to these submissions and shall be entitled to the unrestricted use of these submissions for any purpose whatsoever, without compensation to you or any other person.
12.1 For the purpose of supporting the Deliveree Driver Contractor’s obligations pursuant to these Terms and Conditions such as, however not limited to provision of Services, acquisition of equipment necessary for the provision of Services as well as maintenance of such equipment (“Operational Purposes”), Deliveree Driver Contractor has the right to submit an application for Operational Advance to Deliveree.
12.2 Deliveree will evaluate such request on case per case basis. The conduct, criteria and result of such evaluation is at Deliveree’s sole discretion. In no event shall Deliveree be obligated to approve such request.
12.3 In the event the outcome of the evaluation by Deliveree shows that the Deliveree Driver Contractor satisfies the criteria to receive the Operational Advance, Deliveree and the Deliveree Driver Contractor shall enter into a separate Operational Advance Terms and Conditions to be provided by Deliveree. The granting of the Operational Advance will be subject to the terms provided herein and the Operational Advance terms and conditions. In the event the Deliveree Driver Contractor does not consent to the content of the Operational Advance Terms and Conditions, the Deliveree Driver Contractor has the right to withdraw the request and Deliveree has no obligation to provide such Operational Advance.
12.4 The granting of the Operational Advance will be subject to a deduction of administrative fee by Deliveree (of which the amount can be revised by Deliveree at Deliveree’s sole discretion).
12.5 Repayment term for the Operational Advance is further detailed under the Operational Advance Terms and Conditions. In the event the Deliveree Driver Contractor fails to repay the Operational Advance in accordance with the Operational Advance Terms and Conditions, Deliveree reserves the right to :
(a) impose a late penalty in the form of monthly interest calculated at a rate of 60% per annum against the outstanding amount of the Operational Advance,
(b) deduct the Deliveree Driver Contractor Bonus to repay the outstanding Operational Advance;
(c) terminate these Terms and Conditions and withhold any Service Fee already received by Deliveree; and/or
(d) pursue any legal remedies available to Deliveree under the law or otherwise.
12.6 The Deliveree Driver Contractor understands that the Operational Advance is to be utilized solely for the Operational Purposes and shall not be utilized for other purposes unrelated to this. Breach of this requirement is a breach of these Terms and Conditions, and Deliveree reserves any right it may have under these Terms and Conditions and law to pursue any legal remedies available to Deliveree.
13.1 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.
13.2 Deliveree may amend the Service Fee and Deliveree Driver ContractorService Fee from time to time and it reserves the right to do so without prior notice. Any change in the Service Fee and Deliveree Driver ContractorService Fee will be applied prospectively. For the avoidance of doubt, all services rendered by the Deliveree Driver Contractorunder the prior Service Fee and Deliveree Driver ContractorService Fee schedule shall not be affected by the changes in the Service Fee.
13.3 Deliveree may send any information regarding the Service or promotion to the Deliveree Driver Contractorin the form of electronic messages which include, but not limited to, e-mail, SMS, automatic telephone message, or push notification on Software. The Deliveree Driver Contractorpermits 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, or any changes thereto communicated to Deliveree.
13.4 Deliveree Driver Contractor 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.
13.5 These Terms and Conditions shall be governed by the laws of the Republic of Indonesia and the Deliveree Driver Contractorsubmits to the jurisdiction of the competent courts of Jakarta Selatan, to the exclusion of any other court or venue.
13.6 These Terms and Conditions are made in Indonesian and English. Both versions are original and applicable to Deliveree and Driver Contractor. In the event that there is a discrepancy between the Indonesian version and the English version, the Driver Contractor agrees that Deliveree will adjust the Indonesian version in such a way as to match the English version.