Driver Policy (Terms & Conditions)

1. SERVICES

1.1 The App provides a means to enable vendors who seek delivery services to deliver their product to be connected with Drivers. PickMyDrop does not provide delivery services themselves, rather we are a technological service provider that uses an electronic platform to provide the Services.

1.2 You will need to provide your own mobile device in order to download the App and will be responsible for all costs associated with such mobile device including, without limitation, any data or call charges.

1.3 You are free to use the App at any time and no minimum or maximum periods of use are applied save that you must ensure that you comply with any regulatory and insurance requirements imposed on you as a provider of the Transportation Services particularly in respect of periods of rest. Drivers may be offered additional payments or priority status in connection with their level of usage.

1.4 Notwithstanding the provisions of Condition 1.1, PickMyDrop does not guarantee availability nor uninterrupted or error free use of the App and shall not be liable for any damage, loss, claims, costs or expenses resulting from or as a consequence of scheduled or unscheduled downtime, unavailability or slowness.

1.5 Nothing contained in these Conditions shall be construed or have effect as constituting any relationship of employer and employee between PickMyDrop and the Driver. Drivers will at all times be independent contractors delivering Transportation Services directly to vendors on their own accounts.

1.6 Nothing in these Conditions shall constitute the Driver acting as an agent of PickMyDrop. The Driver shall not have any right or power whatsoever to contract on behalf of PickMyDrop or bind PickMyDrop in any way in relation to third parties unless specifically authorised to do so. Further to Condition 4.2 below, PickMyDrop is acting as a commercial agent of the Driver and only for the purposes of U.K. payment services regulations. In addition, PickMyDrop is acting as the selling agent of the Drivers by bringing together of the Drivers with Vendors seeking to receive the Drivers’ Transportation Services, and facilitating the Drivers’ supplies of Transportation Services to the Vendors via the App.

2. DELIVERY SERVICES

2.1 You shall be solely responsible for (i) determining the most effective, efficient and safe manner to perform each Order, and (ii) any breakage of Products following collection by you from the Collection Location and prior to delivery to the Recipient at the Delivery Location. As an independent contractor in business on your own account, you shall be responsible for furnishing at your own expense any necessary equipment, tools and materials unless otherwise noted herein.

2.2 You acknowledge that your geo‑location information must be provided by your device in order to enable you to provide the Delivery Services. You acknowledge and agree that your geo‑location information will be accessible by the App and when you are logged‑in your location will be displayed to PickMyDrop, vendors and customers.

2.3 You acknowledge and agree that you will be responsible for making your own decision as to the accuracy and suitability of a vendor/customer and as to whether you will accept or decline to provide them with Delivery Services. If you provide Delivery Services to someone who is not a vendor or is not the Vendor identified via the App for you to provide Delivery Services to, you agree that you will not be paid for these Delivery Services. Further, you will not be paid (other than directly by a customer) for any Delivery Services you provide to a Vendor once you have completed the ride in the App and any further transportation services you provide to a Vendor are at your own risk.

3. DRIVER REQUIREMENTS

3.1 In order to provide the Delivery Services, you must:

3.1.1 have a valid full UK drivers licence which you have held for longer than 12 months;
3.1.2 have valid Insurance;
3.1.3 have a clean and well maintained vehicle for the provision of Delivery Services;
3.1.4 have anti‑virus software installed and maintained on your device which will provide appropriate security against unauthorised access to Customer Personal Data;
3.1.5 abide by the terms of any contractor standards issued by PickMyDrop from time to time; and
3.1.6 not download any software or other applications which may interfere with or modify the App or its operation.

together the “Minimum Requirements”. You must notify PickMyDrop immediately if you do not have any of the Minimum Requirements and you must cease to provide the Delivery Services immediately.

3.1.7 have suitable warm/cold delivery boxes to maintain the quality of the product being delivered.

3.2 You warrant that you will provide the Delivery Services in full conformity to the Minimum Requirements and shall not do anything in contravention of these requirements and/or which may threaten the validity of, or limit the cover provided by, such Minimum Requirements. In addition, you must only accept Orders that are in accordance with the conditions and requirements of your licence and insurance, including any zoning requirements. You shall indemnify PickMyDrop, PickMyDrop’s service users and Vendors against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred arising out of, or in connection with, a breach by you of this Condition 3.2.

3.3 PickMyDrop reserves the right to give priority to Drivers that have better operational performance, and to exclude (temporarily or permanently) Drivers that do not meet the Minimum Requirements and any other operational threshold set by PickMyDrop in the future. You agree that you will maintain the Minimum Acceptance Rate. If you accept an Order from a Vendor and you do not wish to provide Delivery Services to that vendor again, you may rate that Vendor in such a manner that the Vendor will not be permitted to receive the Delivery Services from you again.

3.4 At all times when providing the Delivery Services, you acknowledge and warrant that you will comply with the requirements of the Equality Act 2010 (as amended) and any other Applicable Law. You acknowledge that as a requirement of your driving licence/insurance you are required to be a “fit and proper person” and you agree that you will at all times maintain this status and not act in a manner that could reasonably be considered to be contrary to this requirement.

3.5 You acknowledge and agree that when accepting an Order, you will immediately update the App when you reach the Collection Location and the Delivery Location. You acknowledge that if you fail or delay in updating the App, this will be deemed as fraudulent activity and you may not be paid (in whole or in part) for the Delivery Services and/or your access to the App may be suspended.

3.6 If, during the provision of the Delivery Services, you are involved in an accident or you are involved in any incident involving a Vendor, you must immediately notify PickMyDrop by contacting our customer service centre on the number provided in the App.

4. FEES AND PROMOTIONS

4.1 In consideration of the Services, you are required to pay PickMyDrop the Service Commission.

4.2 Fees payable to Drivers for Delivery Services are calculated as follows:

4.2.1 for PickMyDrop Together, Delivery Fees will be paid on a fixed fee basis and Drivers will receive their Fee based upon a set number of hours and Deliveries of providing the PickMyDrop Together Delivery Services. The Fee payable will be notified in the App;
4.2.2 for Delivery Services other than PickMyDrop Together, Delivery Fees may be paid on a fixed fee basis or on a management discretion basis. Fees payable to Drivers will be the Delivery Fee less the Service Commission. Where the Driver Fees are paid on a fixed fee basis, the amount of the Fee payable to you (subject to deduction of Service Commission) will be notified via the App and you will have the opportunity to either accept or decline the Order and where the Delivery Fees are chargeable on management discretion basis, you will be paid in accordance with the company policy (less Service Commission), subject to you abiding by the terms of Condition 3.5.

As part of the Services, PickMyDrop will endeavour to collect all the Delivery Fees from the Vendor on behalf of Drivers. PickMyDrop may also levy charges on the Vendor for the Services. From time to time PickMyDrop may offer you additional payments at its sole discretion, however such payments will not be for Delivery Services. You, as the Driver, agree and appoint PickMyDrop to be commercial agent solely of the Driver in collecting all Delivery Fees and distributing the Fees to Drivers in respect of the U.K. payment services regulations. In addition, you agree to appoint PickMyDrop as a selling agent by the virtue of PickMyDrop offering your services through its App. For the avoidance of doubt, PickMyDrop is only acting as an agent on behalf of the Driver in the two circumstances above and not for any other purpose.

4.3 Within 7 working days following the completion of an Order, not including bank holidays, PickMyDrop shall provide the Driver with a statement which shall set out the Orders completed and the Fees due to the Driver (plus where relevant Service Commission payable) (“Driver Statement”). The Driver Statement will also include any separate additional fees payable to the Driver. If you believe the Driver Statement is incorrect, you must notify PickMyDrop within 24 hours via email to Drivers@PickMyDrop.co.uk and PickMyDrop will investigate this dispute. You must provide PickMyDrop with all reasonable assistance and information requested when they are investigating your dispute. PickMyDrop will investigate your dispute and its decision shall be final. If you fail to notify PickMyDrop of your dispute and/or co‑operate in accordance with this Condition 4.3, you will be deemed to have accepted the Driver Statement and the Fees due.

4.4 If a Vendor fails to pay, challenges or otherwise disputes the accuracy of the Delivery Services or the charges levied in respect of the same, PickMyDrop may withhold payment of the Fees in respect of that Order or, if the Fees have already been paid to the Driver, may deduct an amount equivalent to the disputed Fees from the next Driver Statement payment. PickMyDrop will investigate the Vendor’s dispute and its decision on payment of such disputed Fees shall be final. For the avoidance of any doubt, PickMyDrop shall not be required to make payment of the Fees to the Driver if the Customer fails to pay the Delivery Fees due.

4.5 Subject to Condition 4.4, PickMyDrop will pay you the Fees less the Services Commission in arrears in accordance with the Driver Statement. PickMyDrop will endeavour to process all payments to you within a week (subject to any disputes) of the date of the issue of the Driver Statement. For the avoidance of doubt this means that if for example you perform Delivery Services on a Monday, you will not be paid for those services until after the Driver Statement has been issued (and in the case of dispute, where agreed) during the following week.

4.6 From time to time PickMyDrop may run promotions which will offer Drivers or Vendors discounts or additional fees for using the Services. PickMyDrop will notify you of offers that you are eligible to accept from time and any additional promotional terms and conditions. Where a promotion offers Drivers a bonus for completing a set number of Orders, you must not do anything in fulfilment of this promotion which may be deemed fraudulent. All Orders must involve the provision of bona fide Delivery Services to Vendors and you must not create any fake or fictitious Vendor/Customer profiles in order to qualify for any bonus payment. To achieve a promotional bonus, all Orders completed must be for the provision of Delivery Services to independent third parties vendors and must not relate to Delivery Services to family members, friends or people known to you. PickMyDrop reserves the right to report any fraudulent activities to relevant law enforcement authorities.

4.7 Where it is reasonably considered by PickMyDrop that you have acted in a manner that is otherwise than in accordance with Condition 4.6 above, PickMyDrop will notify you and, at its sole discretion, may withhold or deduct any bonus payment from the Fees paid to you and/or suspend or terminate your access to the App. If you receive such a notification and you believe that you have not breached the requirements of Condition 4.5, you can dispute this decision by writing to Drivers@PickMyDrop.co.uk within 48 hours of receipt of such notification and providing full reasons for your dispute. PickMyDrop will consider your representations and will notify you of the outcome of its decision (which shall be final).

5. DATA AND DATA PRIVACY

5.1 By downloading and/or using the App you consent to PickMyDrop processing your Personal Data. PickMyDrop will process your Personal Data for purposes connected with the Services. From time to time, PickMyDrop may process your Personal Data in order to notify you of opportunities connected with the Services either directly or by an affiliate of PickMyDrop. When processing your Personal Data, PickMyDrop will take appropriate technological measures to protect and keep your Personal Data secure and shall process your information in accordance with Data Protection Laws. Your Personal Data may be processed outside of the EEA.

5.2 In order to allow you to provide the Delivery Services, Consumer Personal Data may be transferred to you by PickMyDrop. You must keep this Consumer Personal Data safe and secure at all times and not allow access to any third parties to such information. You must not store any Consumer/Vendor Personal Data on your mobile device or any other mobile telephone (other than on the App) or otherwise process any Consumer/Vendor Personal Data unless the Consumer, Vendor or PickMyDrop provides you with express permission to do so.

5.3 In order to allow PickMyDrop to provide the Services, PickMyDrop will provide Vendors/Consumers with your information so that the Vendors/Consumer can identify you as the provider of Delivery Services. PickMyDrop shall provide Vendor/Consumer with your name, vehicle details including registration number, telephone number and such other details in your Driver Account which may help the Vendor/Consumer to identify you and you confirm that you give your permission for PickMyDrop to transfer this information to the Vendor or Consumer.

5.4 We also process your Personal Data in accordance with PickMyDrop’s Privacy Policy, please ensure that you read this document before using the App. By using the App, you acknowledge and confirm that you have understood the use of your Personal Data set out in the Privacy Policy.

5.5 You confirm that at all times when accessing the Services and Vendor/Consumer Personal Data, you will:

5.5.1 comply with all Data Protection Laws;
5.5.2 not knowingly or recklessly do anything which would put PickMyDrop in breach of its obligations under Data Protection Laws; and
5.5.3 indemnify PickMyDrop in full for any losses which it incurs as a result of a breach by you of this Condition 5.

5.6 You must:

5.6.1 notify us immediately if you become aware of any Vendor/Consumer Personal Data Breach;
5.6.2 provide all information relating to the Vendor/Consumer Personal Data Breach which is in your possession; and
5.6.3 comply with our reasonable instructions in relation to the contamination and remediation of the Vendor/Consumer Personal Data Breach.

5.7 PickMyDrop does not guarantee that the App will be secure or free from bugs or viruses. You must not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, device or database connected to the App. You must not attack the App via a denial‑of‑service attack or a distributed denial‑of service attack. By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. PickMyDrop will report any such breach to the relevant law enforcement authorities and PickMyDrop will co‑operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately.

5.8 The App may include links to other websites, apps or material which is beyond PickMyDrop’s control and which are owned and controlled by third parties. PickMyDrop is not responsible for the content on these links, the internet or World Wide Web pages or any other site or app outside the App. Where the App contains links to other sites or apps or materials provided by third parties, these links are provided for your information only. These links are provided as a courtesy to PickMyDrop’s users and are not administered or verified in any way by PickMyDrop. Such links are accessed by you at your own risk and PickMyDrop makes no representations or warranties about the content of such websites or apps and cannot be held liable for the content and activities of these websites or any losses you suffer as a result of using such third party websites. PickMyDrop may provide links to third party websites or apps that use cookies on users to collect data and/or to solicit personal information. As a result, PickMyDrop strongly recommends that you read the privacy policies and terms of use of any third party websites or apps prior to using them.

5.9 Electronic Communications

When you use the App or send us emails or use pop‑ups or make calls, you may be communicating with PickMyDrop electronically. PickMyDrop will communicate with you by email, through pop-ups, by posting notices on the App or by calling you. You agree that all agreements, notices, disclosures and other communications that PickMyDrop provides to you electronically will satisfy any legal requirement that such communications be in writing.

6. INTELLECTUAL PROPERTY

6.1 You acknowledge that all copyright, trademarks and all other intellectual property rights in the App and the Services, and in all materials provided to you as part of the Services, remain with PickMyDrop or its licensors. You are permitted to use the App and the Services only as authorized by these Conditions. All rights not expressly granted in these Conditions are reserved.

6.2 You must not:

6.2.1 copy the App or any part of it;
6.2.2 modify, distribute or create derivative works based upon the App or any part of it;
6.2.3 use any data mining, robots or similar data gathering or extraction methods on the App;
6.2.4 use the App in any manner that may disable, overburden, damage, or impair the App or interfere with any other party’s use of the App; or
6.2.5 use any part of the App for commercial purposes without obtaining a licence to do so from PickMyDrop or its licensors.

7. PICKMYDROP’S LIABILITY

7.1 Nothing in these Conditions excludes or limits PickMyDrop’s liability for death or personal injury arising from PickMyDrop’s negligence, or its fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

7.2 The material displayed on the App is provided without any guarantees, conditions or warranties as to its accuracy. You must bear the risks associated with the use of the App, the Services and the internet.

7.3 To the fullest extent permitted by law, PickMyDrop (including its officers, directors and employees) and third parties (including any agents or sub‑contractors) connected to it hereby expressly exclude:

7.3.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity in it provision of the Services and/or use of the App;
7.3.2 any liability arising under or in connection with:

7.3.2.1 use of, or inability to use, the App and/or Services;
7.3.2.2 use of or reliance on any content displayed on the App;
7.3.2.3 incompatibility of the App with any of your electronic and/or mobile equipment, devices, software or telecommunications links; and
7.3.2.4 unsuitability, unreliability or inaccuracy of the App and/or the Services.

7.4 To the fullest extent permitted by law you acknowledge and agree that PickMyDrop will not be liable to you or any third party for any indirect or consequential losses or for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management and/or office time, however arising and whether caused by tort (including negligence), breach of contract or otherwise, (even if foreseeable) resulting from your use of the App and/or Services.

7.5 PickMyDrop will not be liable for any loss or damage caused by a virus, distributed denial‑of‑service attack, or other technologically harmful material that may infect your electronic and/or mobile equipment, computer programs, data or other proprietary material due to your use of the App and/or the Services or to your downloading of any content on it, or on any website linked to it.

7.6 PickMyDrop shall not be in breach of these Conditions nor liable for any delay in performing, or failure to perform, any of its obligations under these Conditions if such delay or failure results from events, circumstances or causes beyond its reasonable control.

7.7 Subject to the remainder of this Condition 7, PickMyDrop’s total liability to you in connection with these Conditions and the Services, however arising whether caused by tort (including negligence), breach of contract or otherwise, shall be limited to the Fees payable to you in relation to the Order in which the liability arose.

8. INDEMNITY

By accepting these Conditions you agree to defend, indemnify (compensate) and hold PickMyDrop, its affiliates, its Vendors, its consumers, its licensors, and each of their officers, directors, other users, employees, legal teams and agents, harmless from all and against any and all claims, costs, damages, losses, liabilities and expenses (including legal fees) arising out of or in connection with:

8.1 your violation or breach of these Conditions or any Applicable Law or regulation, whether or not referenced herein;
8.2 your violation or breach of any rights of any third party, including Customers; or
8.3 your use or misuse of the App and/or Services.

9. TERMINATION

9.1 These Conditions shall exist for an indefinite period of time. However, you may terminate your agreement with us at any time by permanently deleting the App installed on any device and deactivating your account.

9.2 PickMyDrop is entitled to terminate its provision of the Services to you or your licence to use the App, with immediate effect, by disabling your account or otherwise preventing you from accessing or using the App, at its sole discretion.

10. VARIATIONS

10.1 PickMyDrop reserves the right, in its sole discretion, to vary these Conditions at any time. It is your responsibility to check the terms and conditions available in the App and/or Driver portal in order ensure that you agree to the latest version before you accept each new Order. The date of the most recent revisions will appear at the bottom of this page. PickMyDrop shall not be required to provide you with any notification of any updates to its terms and conditions and you agree that it is your sole responsibility to check for any updates prior to the acceptance of each Order.

10.2 If there is any inconsistency between PickMyDrop’s Privacy Policy and these Conditions, the Privacy Policy shall prevail.

11. ASSIGNMENT

Your Driver Account and the Services are personal to you, and therefore you may not assign, sub‑licence or transfer in any other way your rights and obligations under these Conditions of use to any third party. However, if necessary, PickMyDrop may freely assign its rights and obligations without your consent and without the need to notify you before assigning them.

12. INVALIDITY

If any part of these Conditions are disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply to the maximum extent permitted by law.

13. THIRD PARTY RIGHTS

Save for the indemnities contained within Conditions 3.2 and 8.2, rights under these Conditions only accrue to a person who is party to these Conditions and accordingly a person who is not a party to these Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its Conditions, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

14. WAIVER

No failure or delay by PickMyDrop to exercise any right or remedy provided in these Conditions or by law shall constitute a waiver of that or any right or remedy, nor shall it preclude or restrict the further exercise of that or any right or remedy. No single or partial exercise of such remedy shall preclude or restrict the further exercise of that or any other right or remedy.

15. PARTNERSHIP AND JOINT VENTURE

Nothing contained in these Conditions shall constitute a partnership or joint venture between the Driver and PickMyDrop.

16. YOUR CONCERNS

If you have any concerns about material which appears on the Site and/or the App, please contact us at Drivers@PickMyDrop.co.uk.

17. JURISDICTION AND APPLICABLE LAW

These Conditions, and any non‑contractual obligations arising out of them, are governed and construed in accordance with the law of England and Wales and any proceedings resulting out of these terms of use, and any non‑contractual obligations arising out of them, the Privacy Policy, Services and/or the use of the App shall be held in the Courts of England and Wales.