Welcome to Driver On Deck!
This Agreement shall begin on the date hereof.
Prior to using the Driver On Deck (“Platform”), please carefully read these terms and conditions.These terms outline the rules and regulations for the use of Shift Auction L.L.C’s platform, located at https://driverondeck.com.
By accessing this platform or executing the sign-up form we assume you acknowledge and accept these terms and conditions. By continuing use of this platform, you, any entities that you represent, and all of your participating storefront locations (“You”/”Merchant”) agree to be bound by these terms and conditions in addition to the terms contained in your sign-up form.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements:
“Connection Rate” means the connection fees collected by Driver On Deck in exchange for connecting the Merchant and Merchant Store(s) to Delivery Drivers on the Driver On Deck Platform, which is charged as a flat per connection fee on theDriver On Deck Platform.
“Customer” is the customer who places an order for Merchant Products through the Merchant’s Platform(s).
“Delivery Services” is the Driver On Deck Platform and, the connection of delivery drivers
“Delivery System” is the platform that enables delivery fulfillment for orders placed directly with the Merchant by the Customer.
“Delivery Term” is the duration of the agreement between Driver On Deck and Merchant for Delivery Services.
“Driver” is an independent third-party delivery contractor.
“Driver On Deck Platform”, “Platform” encompasses the merchant groups, dashboard, and includes Delivery System.
“Merchant”, “You” and “Your” refers to you, the person logged onto this platform and compliant to the Company’s terms and conditions.
“Merchant Products” is inclusive to all products offered for take-out or delivery orders at Merchant Stores.
“Merchant Stores” are the Merchant restaurant locations that participate in the Driver On Deck Services and includes: (i) Merchant Stores owned and operated by Merchant or its affiliates, and/or (ii) Merchant Stores owned and operated by Franchisees of Merchant or its affiliates.
“Order” is a PickUp Order, or a StoreFront Delivery Service Order, as applicable.
“Order Equipment” includes any equipment reasonably required by Driver On Deck for Merchant to receive and process Orders, including, without limitation, a tablet, fax machine, or other automated, electronic means of receiving and transmitting Delivery Opportunities.
“Party”, “Parties”, or “Us”, refers to both the merchant and ourselves.
“Personal Information” shall mean any information exchanged under this Agreement that (i) identifies or can be used to identify an individual (including without limitation, names, telephone numbers, addresses, signatures, email addresses or other unique identifiers); or (ii) that can reasonably be used to authenticate an individual (including without limitation, name, contact information, precise location information, access credentials, persistent identifiers and any information that may be considered ‘personal data’ or ‘personal information’ under applicable law).
“PickUp Orders” are orders for Merchant Products through the Merchant’s Platform from Customers for pickup by the Customer.
“The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company.
“Third Party Platform” means a technology interface, such as a middleware technology platform, other than the online order form and the Delivery API that enables Merchant to request delivery fulfillment and provide information necessary to enable such delivery fulfillment.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the merchant in the most appropriate manner for the express purpose of meeting the merchant’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of the United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Driver on Deck is the web-based virtual marketplace platform that connects Merchants, their Customers, and independent, third party delivery contractors (“Drivers”). Driver On Deck is not a merchant, seller of goods, or delivery service; it is an online connection platform. Both Driver on Deck and Merchant agree that they are independent of one another and the relationship is based on these terms, the sign-up form, and any other applicable terms or agreements between the two Parties. Nothing in any of the Parties’ agreements, services, relationships, or otherwise shall constitute or be deemed a partnership, between Driver On Deck and Merchant, their employees or representatives.
During the Delivery Term, unless otherwise stated, Shift Auction L.L.C grants the Merchant a non-transferable, non-assignable, non-sublicensable, and revocable license to the Driver On Deck Delivery Services. All intellectual property rights are reserved by Shift Auction LLC. You may access these services from Driver On Deck subjected to restrictions set in these terms and conditions.
You must not:
Republish material from Driver On Deck
Sell, rent or sub-license material from Driver On Deck
Reproduce, duplicate or copy material from Driver On Deck
Redistribute content from Driver On Deck
Harass,intimidate, annoy or threaten any Driver On Deck employees, contractors, or agents engaged in providing any portion of the Delivery Services and not to engage in any other behavior that Driver On Deck deems inappropriate when using the Platform, Groups, or Services
Advertise to, or solicit, any user, or Merchant to buy or sell any products or services, or use any information obtained from the Platform or the Delivery Services in order to contact, solicit, or advertise or sell to any user, Restaurant, or other business, in each case, unless specifically authorized in writing by Driver On Deck
Parts of the Driver On Deck Platform offer an opportunity for users to post and exchange opinions and information in certain areas of the platform. Shift Auction L.L.C does not filter, edit, publish or review Comments prior to their presence on the platform. Comments do not reflect the views and opinions of Shift Auction L.L.C,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Shift Auction L.L.C shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this platform.
Shift Auction L.L.C reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our platform and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
The Comments will not be used to solicit or promote unlawful activity.
You hereby grant Shift Auction L.L.C a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Specific features of the Platform, including, but not limited to the Delivery System, will require you to make payments directly to the delivery contractors or submit other fees. When paid by you, these fees are final and non-refundable except where otherwise determined by Driver On Deck. Driver On Deck, at its sole discretion, may extend credits or refund fees on a case-by-case basis.
Delivery Orders Driver On Deck will charge a mutually agreed per Delivery Order connection fee based on the Merchant’s Delivery Term. Merchant shall be responsible for and remit all processing fees, taxes, and other legally bound duties of the Driver On Deck Delivery Services to the respective authorities. Merchant is required to maintain an agreed minimum account balance on the platform for any incurred fees of the Delivery Services. If any fee is not paid in full by the respective due date, Driver On Deck may suspend the Merchant’s Delivery Services.
Delivery Term Driver On Deck will charge a mutually agreed monthly Delivery Term rate. Merchant shall authorize Driver On Deck to debit from the Merchant’s Stripe Account a monthly duration subscription fee for connection to the Delivery Services. Failure to pay the Merchant’s subscription fee may result in suspension of Delivery Services until those fees are paid in full.
Stripe, having been audited by a PCI-certified auditor, is a PCI Service Provider Level 1,and is the provider of the Driver On Deck payment processing services thus subject to the Stripe Connected Account Agreement. By utilizing the Platform thereby agreeing to these terms, Merchant agrees to be bound to the Stripe Connected Account Agreement and the Stripe Services Agreement. Merchant agrees, as a condition of usage of Stripe payment processing services, to provide accurate and complete business information to Driver On Deck. Merchant furthermore authorizes Driver On Deck to share it and related transactional information with Stripe.
Communications
By using the Driver On Deck Platform and sending us communication, through messaging, text, or email, you are communicating electronically. You consent to receive communication from us and the Drivers on the Platform via text, private message, and push notification and that those communications satisfy any legal duty requiring written communication.
The provision of your phone number is a representation of your consent to contact you and send you communication through the number you have provided and is your consent to receiving such communications for operational, transactional, and informal purposes.
Please read Privacy Policy
Merchant may, at its discretion, terminate this agreement at any time by providing a seven (7) day written notice. Failure to comply with any of the terms in this agreement may terminate any implied rights contained within the agreement without notice. Driver On Deck furthermore reserves the right, in its sole discretion, to modify, alter, change, suspend, or discontinue, the function or service of the platform without prior written consent.
Warranties and Representations
THE DRIVER ON DECK PLATFORM, SERVICES, SYSTEM AND ALL OTHER APPLICABLE CONTENT ON THE PLATFORM ARE PROVIDED IN “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY EXPRESSED OR IMPLIED OF ANY KIND. MERCHANT ACKNOWLEDGES THAT THE PLATFORM AND SERVICES MAY DROP OR ENCOUNTER TECHNICAL OR OPERATIONAL DIFFICULTY FROM TIME TO TIME NOT ALLOWING THE SERVICE TO PERFORM UNINTERRUPTED. DRIVER ON DECK SHALL NOT BE RESPONSIBLE TO MERCHANTS OR OTHERS, IN THE EVENT OF SUCH ERRORS, INTERRUPTIONS, OR TECHNICAL DIFFICULTIES. THE PARTIES MUTUALLY AGREE THAT NEITHER PARTY HAS EXPECTATIONS OR HAS RECEIVED ANY ASSURANCES FOR DELIVERY OR THAT ANY INVESTMENT FROM OR BY A PARTY WILL BE RECOUPED OR THAT SUCH PARTY CAN ANTICIPATE ANY SPECIFIC DELIVERABLES SET FORTH BY VIRTUE OF THIS AGREEMENT.
Liability Limitations
WITH THE EXCEPTION OF DAMAGES OUT OF VIOLATIONS OF LAW OR WILFUL MISCONDUCT, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL SHIFT AUCTION L.L.C BE HELD LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUES, HARM TO GOODWILL, OR THE COSTS FOR PROCURING REPLACEMENT SERVICES, WHETHER BASED ON TORT, CONTRACT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY LOSS OF DAMAGE OF ANY TYPE THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE PLATFORM OR THE SERVICES PROVIDED ON OR THROUGH THE PLATFORM OR SHIFT AUCTION SERVICES.
DRIVER ON DECK ASSUMES NO RESPONSIBILITY AND SHOULD NOT BE HELD LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR ELECTRONICS OR PROPERTY OUT OF USE OF OUR APP OR PLATFORM BY VIRTUE OF CONNECTION TO OR USE OF THE PLATFORM.
Removal of links
If you find any link on our platform that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this platform is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the platform remains available or that the material on the platform is kept up to date.
Usage of the platform is subject to all additional terms, policies, rules or guidelines applicable to the Delivery Services including, without limitation, the Google Maps/Google Earth Additional Terms of Service located at https://maps.google.com/help/terms_maps.html and the Google Privacy Policy located at https://www.google.com/intl/ALL/policies/privacy/index.html. All such Additional Terms are hereby incorporated into this Agreement by reference.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our platform and the use of this platform. Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
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