Terms of Service

Last updated: March 20, 2023

Welcome to Delivery Bot!

We invite you to use our website and services, but before you do, please review this page, which details your rights and our rights regarding our services. By using Delivery Bot delivery services and the Delivery Bot website, you agree to be bound by the terms of this agreement. If you do not accept these terms, you may not use Delivery Bot services or website.

Overview

This website is operated by Delivery Bot. Throughout the site, the terms “we”, “us” and “our” refer to Delivery Bot. Delivery Bot offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us and/or using our platforms, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance

Section I – Use of Service

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section II – Terms Applicable For All Users

Every time You access or use the Delivery Bot Platform or receive or perform Services, You expressly agree, represent and warrant that, at the time of each such access or use:

You are legally entitled to and have the right, authority and capacity to enter into the agreements set forth in these T&Cs and to fulfill Your obligations herein.
Your use of our Platform is for Your sole use and You will not resell to a third party.
You will comply with these T&Cs, and all federal, state, and local laws and regulations, rules, and orders by any governmental authority with respect to Your use of our Platform, to the extent legally applicable to You (“Applicable Law”).
You will only create and maintain one User account.
You will keep secure and confidential Your User account password or any other keys or identification which allows You to access our Platform.
You will provide Delivery Bot with such proof of identity we reasonably request and will not impersonate any person or entity, or falsify or otherwise misrepresent Yourself or Your affiliation (actively or by omission) with any person or entity.
You will only access and use our Platform for lawful purposes and in accordance with all Applicable Law and will not use our Platform to promote or encourage any illegal activity, or to commit or assist in the commission of a crime.
You will keep in strict confidence and shall not access, disclose, or use for the benefit of Yourself or others, any and all third parties’ Confidential Information (as defined below), except in each instance, only as strictly necessary to receive or perform Services as intended or carry out and perform Your obligations under these T&Cs.
You will not collect or store any information, including Confidential Information, about any Delivery Bot personnel, any other User (or their personnel), or any Gig recipient (or their personnel), except as specifically required to receive or perform Services as intended or carry out and perform Your obligations under these T&Cs.
You will not contact any Delivery Bot personnel, any other User (or their personnel), or any Gig recipient (or their personnel) directly or outside of the Platform or once the Gig is complete unless strictly necessary to receive or perform Services as intended or carry out and perform Your obligations under these T&Cs.
You will not copy, or distribute text, graphics, images, music, software, audio, video, information, trademarks, logos, or other like materials related to our business or Platform unless specifically allowed by these T&Cs.
You will not access or use our Platform in any way that could cause harm, nuisance, annoyance, or inconvenience, or interfere with or negatively affect other Users from fully using or enjoying our Platform as intended.
You will not infringe the rights of any third party (including other Users and Delivery Bot), including without limitation, their intellectual property, privacy, publicity or contractual rights.
You will not assist any third party in any of the above.
You expressly acknowledge and agree that you, as a user of the Delivery Bot platform, are subject to a strict duty to maintain the absolute confidentiality of all confidential and personal information and you understand that under no circumstances may you disclose such information to any other person or use such information for any other reason than to receive or perform services via the Delivery Bot platform as intended.

Section III – Retail Partners’ Responsibilities

Prior to using any Services, You agree that you will have all right and authority to lawfully use the Services or otherwise have the full right and authority to contract for a Delivery and send all items contained in a Delivery.
You agree to specifically list and disclose all items contained in Your Delivery and that its items are all in compliance with all Applicable Laws.
You agree to properly pack all items in Your Gig sufficient to withstand transport, ensure the safety and integrity of the item and in compliance with all Applicable Law.
You acknowledge that a Driver is NEVER obligated to carry anything that the Driver has not been given the right to inspect and agree that a Driver can always cancel Your Gig without penalty if You do not allow inspection of Your Gig contents upon the Driver’s request.
You acknowledge that Drivers are not movers and do not deliver Gigs up or down stairs or inside a private residence and agree that neither You nor any Gig recipient will require or request a Driver to deliver a Gig up or down stairs or inside a private residence and you will ensure that Your Gig recipient is aware of the same.
You acknowledge and agree that Delivery Bot’s maximum liability for loss, theft or damage to items in Your Delivery Bot is subject to $100.
You agree not to knowingly arrange for, or solicit, a Driver to perform Gigs for You outside of the Delivery Bot Platform; provided that nothing herein shall constrain Your ability to acquire driver capacity via another platform or a delivery service and in connection therewith utilize Drivers who may provide services via such other platform or delivery service, or use Drivers who may approach You directly, or prohibit You from soliciting any person by or through any general advertising medium, not specifically targeted at any currently active Driver using Delivery Bot.
You agree not to enter any personal information, including PII, into the title of a Gig, including phone numbers or addresses and agree that all personal information should be entered in the appropriate sections indicated in the Platform when requesting Delivery Services.

Section IV – Drivers Responsibilities

You are never under an obligation to accept any Route. You have the sole discretion to accept or not accept to perform any Route posted; provided, if You accept a Route You are then contractually bound under these T&Cs to complete the Route as per the Retail Partners’ instructions and in accordance with the Retail Partners’ Requirements (as defined below).

You acknowledge and agree that You are solely responsible for all costs and expenses related to Your use of the Delivery Bot Driver App and the performance of Deliveries You choose to provide using the Delivery Bot Driver App, including without limitation, purchasing and maintaining:

vehicle(s) and all expenses incurred therewith, including licensing and registration, gas, needed repairs and ongoing maintenance;
cellular equipment and data access, and all expenses incurred therewith, including monthly service charges and maintenance;
licenses, permits and/or training as may be required to perform the Route You accept to perform in accordance with all Applicable Law, industry standards and Sender Requirements; and
insurance coverage related to Your use of the Delivery Bot and the performance of the Gigs You choose to perform, including without limitation, automobile liability insurance, workers’ compensation insurance, occupational hazard insurance, and health insurance coverage.

Driver Agreements

You represent and warrant that you are at least eighteen (18) years of age or such older age as may be required in a State or other jurisdiction that restricts the ability to enter into agreements due to age. If You are not the required age, You must not use the Platform and You may not perform Routes.
Prior to offering to provide any Delivery Services, You agree that you will have full right and authority to contract to perform the Route.
You agree to comply with all Applicable Law while using the Platform and accepting a Route including, but not limited to, labor and employment laws such as the Immigration Reform and Control Act of 1986, as amended, and the Illegal Immigrant Reform and Immigrant Responsibility Act of 1996, as amended.
You agree to have a mobile device with the Delivery Bot Driver App running, and to not disable the Delivery Bot Driver App or its geolocation software at any time while performing Deliveries.
You agree to Your personal phone number being made available to the Retail Partner and/or Delivery recipient and authorize communications between the Delivery Bot Platform, You, and Retail Partners and/or Delivery recipients, and authorize Delivery Bot Support, Retail Partners and/or Delivery recipients to communicate with, and/or initiate communications between, You, Retail Partners and/or the Delivery recipient directly or on Your behalf, solely as needed to facilitate the completion of the Route.
You agree to use a true facial picture in Your profile when creating a Delivery Bot account.
You represent and warrant that You operate an independently established business or enterprise that provides delivery, courier or similar services regularly.
You agree that Delivery Bot will not reimburse You for any expenses or costs related to Your use of the Delivery Bot Platform or the performance of any Route, and you agree to not seek reimbursement of the same from Delivery Bot or any Retail Partner.
You agree that You will not offer to perform Route unless You are physically capable of handling the Route and agree that and Delivery Bot will not pay or reimburse You for medical care, or any other claims, costs or expenses You may incur if You are hurt or injured while performing a Delivery and/or Route.
You agree that at all times when using the Delivery Bot Driver App to perform Deliveries You will maintain current, valid insurance, in amounts and of types required by Applicable Law and Your insurer(s), including automobile liability, commercial auto coverage, health insurance, workers’ compensation and/or occupational accident insurance.
You represent and warrant that Your insurance coverage is sufficient insurance to cover any damages, injuries or harm You may incur or cause arising out of, or related to Your use of the Delivery Bot Driver App and the performance of the Gigs You offer to perform, including damages to Your or a third party’s property and costs of medical care You or a third party may require due to injury.
You agree that You are solely responsible, and will not be reimbursed for, any expenses or costs related to Your obtaining or maintaining any insurance coverage and You agree to deliver to Delivery Bot upon request, current certificates of insurance as proof of coverage.
You agree that prior to accepting a Route, and at all times when performing a Delivery requiring a license, permit or training, You will possess and maintain current, valid licenses, permits and training certifications as required by Applicable Law, Sender Requirements and as recommended by industry standards.
You agree You are solely responsible for, and will not be reimbursed for, any expenses or costs related to Your obtaining or maintaining any permits, licenses, or training certifications.
You agree to notify Delivery Bot promptly if you discover, or suspect, any Prohibited Item(s) in a Delivery.
You agree to promptly remove any Confidential Information, including any PII and PHI transmitted or disclosed to You via the Delivery Bot Driver App and through Your performance of a Delivery from Your possession, including stored on Your personal devices, including by deleting all pickup and delivery photographs or other information (whether or not containing Confidential Information) within fifteen (15) days of a completed Delivery, or promptly upon notice from Delivery Bot.

Actions leading to temporary locks or permanent deactivations of user accounts

Without limiting any other of its remedies at law or in equity, Delivery Bot, in its sole discretion, may temporarily lock Your account and initiate an investigation potentially leading to Your permanent deactivation if:

You are suspected of breaching, or are credibly alleged to have breached, any of the T&Cs applicable to You, including any of Your User agreements, representations or warranties, or any of Delivery Bot’s other policies governing Your use of the Platform, including those set forth in Support Articles;
we are unable to verify or authenticate any information You provide to us when using or receiving the Services;
we believe that Your actions may cause financial loss or legal liability to any other User, Delivery Bot, its affiliates, or its third-party providers;
we suspect, we find, or it has been credibly alleged that You have engaged in fraudulent, illegal, dangerous or harmful activity in connection with Your use of or access to the Delivery Bot Platform, or in connection with Your receiving or providing Services, including theft;
we receive a claim that items in Your Deliveries are missing or damaged;
Illegal items are discovered in Your Delivery;
If You are a Driver and You cancel Your R0ute after acceptance without reasonable cause;
If You are Driver and You are a “no-show” to pick up Your Delivery without reasonable cause;
You receive multiple complaints or low ratings, as a Driver or Retail Partner or Recipient; or

A User’s account will remain locked during the investigation of any incident or action for such time as Delivery Bot determines is necessary, in its sole discretion. Delivery Bot may reactivate any User whose account was temporarily locked in its sole discretion. If Delivery Bot permanently deactivates Your account, You may be eligible for an appeal by contacting support through email.

Deactivated Accounts

If Your account is permanently deactivated Your account information will be deleted in accordance with Delivery Bot’s Privacy Policy and You will be removed from the Delivery Bot Platform and no longer have access to or use of the Platform. Permanent deactivation will cause You to lose Your user name and persona as well as any privileges, certifications, badges or other earned items associated with Your account. If Your account was not deactivated for cause, You may open a new account on the Platform. It will be considered a material breach of these T&Cs if a User who has been deactivated for cause, opens a new account on the Platform and such new account will be deactivated without notice or right to appeal. Delivery Bot is under no obligation to compensate any User for any losses as a result of a User’s deactivation.

Section V – Billing & Payments

Under these T&Cs, Delivery Bot is not and will not be a party to the agreements made between Users for Delivery Services using our Platform, including the Sender’s agreement and responsibility to pay the Driver therefor. In order for Delivery Bot to facilitate payments to be made and received for Delivery Services hereunder, all Users of our Platform are required to provide to Delivery Bot their credit card or bank account details and such other information needed to vet the User by the Payment Service Provider retained by Delivery Bot(the “PSP”). By accepting these T&Cs, each User agrees that they have downloaded or printed, and reviewed and agreed to the PSP Agreement. Please note that Delivery Bot is not a party to the PSP Agreement and has no obligations or liability to any User under the PSP Agreement.

Payment Processing

Payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement (available athttps://stripe.com/legal/connect-account), which includes the Stripe Services Agreement (available at https://stripe.com/us/legal) (collectively, the “Stripe Terms“). By using the Delivery Bot Platform to pay for Gigs or receive payment proceeds, all Users agree to be bound by the Stripe Terms, which may be modified from time to time. As a condition of Delivery Bot enabling payment processing services through Stripe, all Users authorize Delivery Bot to obtain all necessary access and perform all necessary activity on Your Stripe Connected Account to facilitate payment for Services as contemplated by these T&Cs and Your relationship with Delivery Bot. All Users further agree to provide accurate and complete information about You and Your business and authorize Delivery Bot to share it and transaction information with Stripe for the purposes of facilitating the payment processing services provided by Stripe. Delivery Bot reserves the right to switch payment processing vendors or use alternate or backup vendors at its discretion.

Billing

Retail Partners are responsible for paying for each Delivery contracted for, which will include (i) the pricing terms of the Gig provided to a Driver, (ii) any Cancellation or Wait Fees, as may be applicable to the Delivery, and (ii) any other fee Delivery Bot may assess for use of its Platform. Unless otherwise agreed by Delivery Bot, any fees that Delivery Bot may charge a User for their use of the Delivery Bot Platform (including to receive or perform any Services), are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of Your decision to terminate Your usage of our Platform, our decision to terminate Your usage of our Platform, disruption caused to our Platform or the Services either planned, accidental or intentional, or any reason whatsoever. Delivery Bot reserves the right to change pricing at any time and any pricing information published on the Delivery Bot Website may not reflect the current pricing.

Taxes

Users of the Platform will be liable for any taxes (including VAT, if applicable) required to be paid because of the User’s use of or access to the Delivery Bot Platform, or receiving or performing any Services or on any Route Payment received (other than taxes on the Delivery Bot’s income).

Payment, Withholding and Release

By accepting a Route, a Driver is solely responsible for completing delivery of the Route as agreed upon BEFORE being paid. Delivery Bot, in its sole discretion, may place a hold on a Driver’s Route Payment and/or tips if the delivery of the Route is not provided expressly in accordance with the Retail Partner’s Requirements and any other directions set forth in the request for Delivery Services, and these T&Cs, and/or Delivery Bot determines it otherwise necessary or advisable to place a hold on such Route Payment, including without limitation if Delivery Bot has any suspicion or reason to believe that a Driver or Retail Partner has breached these T&Cs or any Applicable Law. If a Route Payment is placed on hold, Delivery Bot will release a Route Payment to a Driver upon establishing the validity of the accounts and Deliveries under suspicion, in Delivery Bot’s sole but reasonable discretion.

Driver agrees that any and all Route Payments are set forth in the Route as posted and are paid to Driver in accordance with the payment method chosen by such Driver. All Drivers agree that all Route payments are facilitated via the Delivery Bot Platform, and they will not seek any payment directly from a Retail Partner or the recipient of a Delivery, including a store merchant. Driver hereby waives any and all right to commence any action for a Route payment directly from a Retail Partner or a recipient on the Delivery Bot Platform.