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evServicez
Riderz Agreement
Last updated: 10. September 2020
TERMS AND CONDITIONS FOR CUSTOMER
This terms and conditions (the "Terms and Conditions") constitute a binding legal agreement between you ("You" or "Your"), a person who uses a mobile application, web-based technology platform and related software of EVRiderz Operations (Thailand) Company Limited ("EVRiderz") that connects you, customers and/or merchants, with the drivers to facilitate on-demand transport and/or delivery services (the "Platform") and EVRiderz as set out at this Terms and Conditions.
IMPORTANT: PLEASE NOTE THAT TO USE THE PLATFORM AS A CUSTOMER, YOU MUST AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW. BY SELECTING THE "I ACCEPT" BUTTON, YOU ARE SIGNING THIS AGREEMENT ELECTRONICALLY, AND YOU WILL BE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS AND CONDITIONS.
1.1. In these Terms and Conditions, the following terms have the following meanings:
Account means the registered account You obtain to access the Platform;
Affiliate means with respect to any juristic person, (i) any entity in which that juristic person beneficially owns, directly or indirectly, a majority of the shares or is able to Control a majority of the votes of the board of directors and/or the shareholders, (ii) an entity which beneficially owns, directly or indirectly, a majority of the shares or is able to Control a majority of the votes of the board of directors and/or the shareholders in that juristic person, or (iii) an entity in which the juristic person in (ii) beneficially owns, directly or indirectly, a majority of the shares or is able to control a majority of the votes of the board of directors and/or the shareholders.
Control used in respect of any person (including any company or individual), means:
a) the ownership of over 50 (Fifty)percent of the voting stock, registered capital or other interest of such person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise;
b) the power to appoint the majority of the members of the management committee, board of directors or equivalent decision making body of such person; or
c) the possession (directly or indirectly)of the power to direct or cause the direction of the management or policies of such person whether through the ownership of voting securities or equity interests, by contract or otherwise (whether directly or indirectly),
and "Controlled" shall be construed accordingly.
Customer Wallet means the electronic wallet feature in the Platform;
Delivery Fees is defined in clause 8.1;
Driver means a person who provide, or submit applications to EVRiderz to provide Transportation Services;
Group Companies means a person and its Affiliates (and Group Company will be construed accordingly);
Platform shall have the same meaning as specified in the recital of this Terms and Conditions;
Policies means any policies, guidelines or directions applicable to you, as notified to You by EVRiderz from time to time, and as may be updated by EVRiderz from time to time;
Specific Terms means the supplementary or alternative terms which may apply to certain specific parts of the Platform and/or Transportation Services, as may be notified to You from time to time; and
Transportation Services means transportation services provided by Drivers when they are connected to You via the platform, which may include instant courier services, transportation services, food delivery services, delivery of goods and other services available from Drivers via the Platform from time to time.
1.2. These Terms and Conditions are drafted in the English language. If these Terms and Conditions are translated into another language, the English language text will supersede. In the event of any inconsistency, the following order of precedence applies: first, (i) the Specific Terms; and finally (ii) the other parts of these Terms and Conditions.
2. Transportation Services
2.1. Your order for Transportation Services creates a direct relationship between You and the Drivers, to which EVRiderz is not a party.
YOU ACKNOWLEDGE THAT EVRIDERZ DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY EVRIDERZ OR ANY OF ITS AFFILIATES.
To the maximum extent permitted by applicable law, EVRiderz is not responsible or liable for the acts or omissions of a Driver in relation to You. You have the sole responsibility for any obligations or liabilities to Drivers or any other third parties that arise from Your use of the Transportation Services.
2.2. You agree and acknowledge that The Driver has sole discretion whether to accept, reject or cancel requests for Transportation Services for any reason. Without limiting the foregoing, the relevant Driver reserves the right to refuse accepting Your order if it has reasonable grounds to suspect a violation of these Terms and Conditions, the Policies or Applicable Law.
2.3. For the avoidance of doubt, EVRiderz does not endorse any third party providers (including the Drivers), applications or websites that are available or to which You are connected through the Platform, and in no event shall EVRiderz or any of its Affiliates be responsible for any content, products, services or other materials on or available from such third party providers. Any Driver ratings are intended to be indicative of ratings provided by other customers/users of the platform but do not constitute an endorsement (or otherwise) by EVRiderz of that Driver.
3.1. You represent and warrant that:
3.1.1. You have full power and authority to enter into and be legally bound by these Terms and Conditions and to perform Your obligations under these Terms and Conditions; and
3.1.2. You have attained at least the age of 20 years old.
3.2. You agree and undertake that:
3.2.1. You will comply at all times with all applicable laws and the Policies, and will notify EVRiderz if You are in breach of any applicable Laws or the Policies;
3.2.2. You will only use the Platform for lawful purposes and only for the purposes for which it is intended to be used;
3.2.3. You shall ensure that any documents and information provided by You (or on Your behalf) to EVRiderz or otherwise via the Platform are at all times accurate, current, complete and not misleading;
3.2.4. You shall only use an internet access point and data account which You are authorised to use;
3.2.5. You shall not engage in any fraudulent, deceptive or misleading conduct;
3.2.6. You shall not impair or circumvent the proper operation of the system or network which the Platform operates on;
3.2.7. You shall treat Drivers and other user of the Platform with respect, in compliance with the Policies, and not to engage in any unlawful, threatening or harassing behaviour or activities whilst using the Transportation Services or the Platform;
3.2.8. You shall not cause any damage to third party property;
3.2.9. You shall not contact Drivers for purposes other than to receive and use the Transportation Services;
3.2.10. You shall provide truthful information when creating and accessing your accounts, disputing charges or fees, or when writing in to provide feedback;
3.2.11. You shall use the Platform including any offers and promotions in the Platform only as intended;
3.2.12. You shall not share accounts or create duplicate accounts on the Platform;
3.2.13. You shall not use the Platform on behalf of a stranger; and
3.2.14. You may show your appreciation for the Drivers by rating the trip in a fair manner and providing constructive feedback after every trip or delivery.
4. Complaints
4.1. Although the Driver is solely responsible for the Transportation Services, if You have a complaint about the Transportation Services You have received, EVRiderz has the right to deal with any such complaints through EVRiderz's complaints handling process. You agree to cooperate fully with such process and to submit any complaint You may have via the Platform. EVRiderz also reserves the right to redirect Your complaint to the relevant Driver and may choose, but is not obliged, to facilitate discussions with the Driver. EVRiderz's complaints handling process shall not exclude any rights or remedies that cannot be excluded or limited under Applicable Law.
4.2. If EVRiderz receives a complaint from a Driver or another person about You, EVRiderz has the right to redirect the complaint to You or deal with such complaint via its complaints handling process. Again, You agree to cooperate fully with such process.
5. Your Account
5.1. In order to access the Platform, You must register for and maintain an Account as a customer or user of the Platform.
5.2. You are responsible for all activities conducted on Your Account.
5.3.1. You must only have one Account;
5.3.2. You must keep Your Account information (including Your login details and payment details) confidential and secure;
5.3.3. You must not provide any other person with access to Your Account, including to transfer the Account or information from Your Account to any other person;
5.3.4. You must promptly notify EVRiderz if You suspect any unauthorised access to or use of Your Account; and
5.3.5. You must not, if You are also a Driver, use Your Account to make an order as a customer/user that You will accept as a Driver, or otherwise collaborate with other Drivers or customers or users in any similar scheme.
5.4. EVRiderz reserves the right to block or deny access to Your Account, and/or block features available in the Platform, without prejudice to its other rights and remedies:
5.4.1. if EVRiderz deems, in its sole discretion, that You have violated any term of these Terms and Conditions;
5.4.2. during an investigation;
5.4.3. if You owe any money to EVRiderz or its Group Companies;
5.4.4. if these Terms and Conditions are terminated for any reason; or
5.4.5. at any other time in EVRiderz's reasonable discretion.
6. Your use of the Platform
6.1. Subject to your compliance with these Terms and Conditions, EVRiderz grant You a revocable, limited, non-exclusive, non-transferable during the term of these Terms and Conditions and in Thailand, the rights to access and use the Platform solely for Your personal use for the purpose of connecting You with Drivers in respect of Transportation Services.
6.2. All rights not expressly granted to You under these Terms and Conditions are reserved by EVRiderz. Nothing in these Terms and Conditions transfers any ownership in or to the Platform (in whole or in part) to You.
6.3. In using the Platform, You shall not:
6.3.1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Account or Platform in any way;
6.3.2. modify or make derivative works based on the Platform, or reverse engineer or access the underlying software for any reason;
6.3.3. use the Platform to build a competitive product or service, build a product using similar ideas, features, functions or graphics as the Platform, copy any ideas, features, functions or graphics of the Platform, or launch an automated program or script which may make multiple server requests per second, or which unduly burdens or hinders the operation and/or performance of the Platform, or attempt to gain unauthorised access to the Platform or related systems or networks;
6.3.4. use any application or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure, presentation or content of the Platform;
6.3.5. post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, or remove any copyright, trademark or other proprietary rights notices contained in the Platform;
6.3.6. send or store any material for unlawful or fraudulent purposes;
6.3.7. send spam or other unsolicited messages;
6.3.8. send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material;
6.3.9. send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
6.3.10. interfere with or disrupt the integrity or performance of the Platform or the data contained therein;
6.3.11. impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
6.3.12. deliberately misrepresent Your location or make or receive orders for Transportation Services other than via the Platform or which are fake;
6.3.13. cause nuisance, annoyance, inconvenience, harassment, personal injury or property damage, whether to EVRiderz (and its officers, directors, members, employees and agents), any Driver, or any other party; or
6.3.14. damage EVRiderz's or any of its Group Companies' reputation in any way.
6.4. You shall not use the Transportation Services to:
6.4.1. commit a crime or do anything contrary to applicable law; or
6.4.2. harm or injure another person or infringe another person's rights.
6.5. Where the Transportation Services involve a Driver transporting, obtaining or purchasing items on Your behalf, You agree and grant to the Driver the full power and authority necessary for the Driver to do so.
7. Your devices
7.1. It is Your responsibility to check and ensure that You download the correct software (including the latest version of the Platform) for Your devices. EVRiderz is not liable if You do not have a compatible device or if You do not have the latest version of the software (including the latest version of Platform).
7.2. If Your device is lost, stolen, broken and/or no longer in Your possession, and this exposes Your Account information to someone else or otherwise affects EVRiderz's legal rights and/or remedies, You must immediately notify EVRiderz and follow the procedures notified by EVRiderz.
7.3. You are solely responsible for having in place an appropriate internet and/or mobile plan and for any fees charged by Your telecommunications service provider, such as telephone, SMS and internet data fees. You acknowledge that Your use of the Platform may consume large amounts of data and that You will be solely responsible for such usage and the associated fees.
8. Delivery Fees, Payments and Taxes
8.1. Drivers are entitled to charge You a fee for the Transportation Services ("Delivery Fees"), which You will receive information of how Delivery Fees are calculated prior to requesting for Transportation Services.
8.2. You shall review the Delivery Fees (or the basis on which they will be calculated) carefully before electing to request Transportation Services. You will be deemed to be aware of, and You accept responsibility for, all Delivery Fees incurred under Your Account.
8.3. The Platform may provide You with an option to cancel certain Transportation Services before such Transportation Services commence. If You choose to do so, You may be required to pay a cancellation charge in accordance with EVRiderz's prevailing Policies.
8.4. When using Transportation Services, You must make Yourself available at your designated pick-up location by the relevant time specified via the Platform or the relevant Policies. If You fail to do so, the Driver is entitled to cancel the Transportation Services and You may be charged a cancellation charge, or other applicable charges, in accordance with EVRiderz's prevailing Policies.
8.5. You acknowledge and agree that EVRiderz may, to the extent permitted by applicable law, adjust or cancel the Delivery Fees (or any part thereof) payable in connection with a particular instance of Transportation Services, acting reasonably (for example, where EVRiderz determines that there is an error in the original calculation, that You have not complied with these Terms and Conditions, that a fee was charged when it should not have been (or vice versa), or in the case of a complaint).
8.6. EVRiderz reserves the right to charge a fee for all support and services You obtain, directly or indirectly, through the use of the Platform, as notified to You by us from time to time (including via the Policies).
8.7. EVRiderz may from time to time, in its sole discretion, offer promotions based on You meeting specified criteria and complying with specified conditions. You may choose whether or not to participate in the promotion. If You do decide to participate, Your right to benefit from the relevant promotions is conditional on You meeting all of the specified criteria and complying with all of the specified conditions, to EVRiderz's reasonable satisfaction. If You do not do so, You will not be entitled to the benefits of the relevant promotions. You agree that You will only use such promotions for their intended use and will not abuse, duplicate, sell or transfer the promotions in any manner. You also understand that the promotions cannot be exchanged for cash and may expire on a certain date, even before You use them.
8.8. Unless otherwise determined by EVRiderz, all amounts payable by You under these Terms and Conditions are final and non-refundable, and must be paid by using the payment methods offered via the Platform from time to time, including (where applicable) by cash, credit or debit card, the balance of your Customer Wallet (if applicable) or by using vouchers.
8.9. For cash payments of Delivery Fees, You shall pay all Delivery Fees payable to the Driver, and any other amounts payable to EVRiderz, to the Driver, who shall collect the amounts payable to EVRiderz on behalf of EVRiderz.
8.10. For any non-cash payments of Delivery Fees, You grant to EVRiderz the full power and authority to debit the same using the default payment method designated in Your Account and remit the Delivery Fees on Your behalf to the Driver, after deduction (where applicable) of the relevant amounts by EVRiderz in accordance with its arrangements with the Drivers.
8.11. If You have been incorrectly charged a fee, you may contact us via the Platform for assistance. EVRiderz has sole discretion in determining whether to process any return of payment to You and the mode of such return of payment.
8.12. These Terms and Conditions shall be subject to all applicable prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any applicable future taxes that may be introduced at any point of time.
8.13. You agree to do everything necessary and required by applicable law to enable, assist and/or defend EVRiderz to claim or verify any applicable input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Platform and/or the Transportation Services.
9. Indemnities and liability
9.1. You shall indemnify EVRiderz 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 by EVRiderz arising out of or in connection with:
9.1.1. Your breach of any term of these Terms and Conditions, the Policies or any applicable law; or
9.1.2. Your use of the Platform and/or the Transportation Services, including:
(a) any claim by You or a person acting on Your behalf that EVRiderz, rather than a Driver, is the provider of the Transportation Services;
(b) any third party claims (including claims by any Drivers) arising from Your use of the Platform and/or the Transportation Services; and
(c) in respect of any items that You purchase, obtain and/or transport using the Transportation Services.
9.2. Without limitation to clause 9.1, EVRiderz makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Platform, or that the Platform will be uninterrupted or error-free, or will operate in combination with any other hardware, software, system or data, or that any data will be accurate or reliable.
9.3. EVRiderz does not provide and is not responsible for providing or ensuring the provision of the Transportation Services. EVRiderz does not guarantee the quality, suitability, safety or ability of the foods, products, or services provided by Drivers or any other third party providers.
9.4. The Platform may be subject to limitations, delays, and other problems in the use of the internet and electronic communications including the device used by You or the Driver being faulty, not connected, out of range, switched off or not functioning. EVRiderz is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
9.5. Timelines specified for Transportation Services are indicative. Neither EVRiderz nor the Drivers make any warranty, representation or undertaking that specified timelines will be met.
9.6. Nothing in these Terms and Conditions limits or excludes a party's liability for death or personal injury caused by such party's negligence, for fraud, or for any other liability to the extent it cannot be limited or excluded under applicable law.
9.7. To the maximum extent permitted by applicable law, EVRiderz shall not be liable for:
9.7.1. indirect, incidental, special, exemplary, punitive or consequential damages;
9.7.2. loss of use, lost profits, lost data, lost business, lost goodwill, lost contracts or lost opportunity; and
9.7.3. personal injury or property damage, arising from, related to or otherwise in connection with the Platform or the Transportation Services, whether in contract, tort, breach of statutory duty or otherwise.
9.8. To the maximum extent permitted by applicable law, and unless otherwise specified in the Specific Terms, in no event shall EVRiderz's maximum aggregate liability arising under or in connection with the Platform, the Transportation Services and/or these Terms and Conditions, whether in contract, tort, breach of statutory duty or otherwise, exceed the Delivery Fees paid by You to EVRiderz in connection with the first event giving rise to a claim under these Terms and Conditions.
9.9. Unless otherwise specified in the Specific Terms, any claims You have against EVRiderz under or in connection with the Platform, the Transportation Services or these Terms and Conditions must be notified to EVRiderz within one (1) year after the events giving rise to such claim, failing which (to the maximum extent permitted by applicable law) You will forfeit any rights and remedies You have in respect of such claim.
10.1. These Terms and Conditions shall continue until terminated in accordance with their terms.
10.2. EVRiderz may terminate these Terms and Conditions, and/or suspend or terminate Your use of the Platform in whole or in part:
10.2.1. immediately, with or without notice, if You are in breach of any term of these Terms and Conditions, without prejudice to EVRiderz's other rights and remedies; or
10.2.2. You are under no obligation to use the Platform and may cease using them at any time by permanently deleting the Platform from Your Mobile Device, thus disabling Your use of the Platform. These Terms and Conditions are automatically terminated when You permanently delete the Platform from Your Mobile Device.
10.3. On termination or expiry of these Terms and Conditions for any reason, You shall:
10.3.1. promptly (and in any event within three days), pay any money owed to EVRiderz (which shall become immediately due and payable on termination or expiry), including any outstanding payments in connection with Transportation Services ordered by You prior to termination or expiry;
10.3.2. immediately delete and fully remove the Platform from Your Mobile Device; and
10.3.3. The parties shall have no further obligations or rights under these Terms and Conditions after termination of the Terms and Conditions, without prejudice to any obligations or rights which have accrued to either party at the time they are terminated, save that the provisions of clauses 1, 8.12, 8.13, 9, 10, 11, 12 and 13 of these Terms and Conditions and any other clause which expressly or by its nature is intended to survive, shall continue to have effect after the end of these Terms and Conditions.
11.1. To expedite resolution and reduce the cost of any dispute, controversy, or claim related to these Terms and Conditions or otherwise arising from the relationship between You and EVRiderz, the Parties mutually agree to first attempt to negotiate in good faith any dispute for at least thirty (30) days before initiating any court proceeding in clause 11.2. Such informal negotiations will commence upon written notice of any dispute by either Party. Your address for such notices is Your most recent address on file with EVRiderz as provided by You.
11.2. Any dispute, controversy, or claim related to these Terms and Conditions or otherwise arising from the relationship between You and EVRiderz shall be finally settled by Thai court.
12. Entire Agreement, Transferability, and Waiver
12.1. These Terms and Conditions shall constitute the entire agreement and understanding between the parties with respect to the subject matter of these Terms and Conditions. This Agreement supersedes any prior contract or understanding between the parties.
12.2. These Terms and Conditions may not be assigned by either party without written consent of the other, however, that EVRiderz may assign its rights and obligations under these Terms and Conditions to the Affiliate of EVRiderz, any successor(s) to its business, its lender, and/or purchaser of all or substantially all of its stock or assets. References in these Terms and Conditions to EVRiderz shall be deemed to include such successor(s).
12.3. The failure of EVRiderz or You in any instance to insist upon a strict performance of the Terms and Conditions or to exercise any option herein, shall not be construed as a waiver or relinquishment of such term or option and such term or option shall continue in full force and effect.
13.1. EVRiderz shall not be liable for delay or failure in performance resulting from causes beyond EVRiderz's reasonable control.
13.2. EVRiderz may amend these Terms and Conditions at its sole discretion from time to time. EVRiderz will use its reasonable endeavours to notify You of any material changes to the Terms and Conditions; however You agree that it is Your responsibility to review the Terms and Conditions regularly and Your continued use of the Platform will constitute Your acceptance to the amendments.
13.3. Captions appearing in these Terms and Conditions are for convenience only and do not in any way limit, amplify, modify, or otherwise affect the terms and provisions of these Terms and Conditions.
13.4. If any part of these Terms and Conditions is declared unlawful or unenforceable, the remainder of these Terms and Conditions shall remain in full force and effect.
13.5. The performance of the obligations of these Terms and Conditions on the part of either EVRiderz or You shall be excused by reasons of closing of public highways, changes in operations, strikes or work stoppages, weather conditions that make operations unsafe or impractical, acts of god, or the temporary or permanent cessation of business by EVRiderz or You.
13.6. You agrees that EVRiderz or its representatives may contact You by app, email, phone, push notifications or SMS or any other social media (including by use of an automatic telephone dialing system) at the email address, phone or phone number or any other social media You provides, including for marketing purposes. You also agree and understand that you cannot receive Transportation Services unless SMS and push notifications in Your Mobile Devices are enabled.
13.7. In case of any inconsistency or conflict between these Terms and Conditions and those of the privacy policy or other terms of service, this Terms and Conditions shall supersede.
13.8. You represent and warrant that You have reviewed, understands and agrees to the EVRiderz's privacy policy which are expressly incorporated herein by reference.
13.9. These Terms and Conditions in court may be pleaded as a full and complete defense to any causes of action that may be instituted, prosecuted or attempted for, upon, or in respect of any of the claims released pursuant to these Terms and Conditions.
13.10. These Terms and Conditions are made and entered into for the sole protection and benefit of the parties to it, as defined by its terms, and their heirs, successors and assigns. No other person or entity shall be a direct or indirect beneficiary of or have any direct or indirect cause of action or claim in connection with these Terms and Conditions, or any document executed pursuant to its terms.
13.11. These Terms and Conditions is the product of negotiation by and among the parties and their opportunity to consult with their respective attorneys. The parties, therefore, expressly acknowledge and agree that these Terms and Conditions shall not be deemed prepared or drafted by one party or another, and will be construe by the parties accordingly.
13.12. The parties shall take all further steps and execute all additional documents that may reasonably be required to effectuate the intent and purposes of these Terms and Conditions.
13.13. Any information obtained by You from EVRiderz (including its representatives and staffs) or from the Platform shall be considered confidential ("Confidential Information"). You will not disclose to a third party the Confidential Information, except: (a) information, which at the time of disclosure, is generally available to the public; (b) information, which after disclosure becomes generally available to the public by other party which is not You, or (c) the disclosure is required by laws
13.14. The interpretation of these Terms and Conditions and all matters relating hereto shall be governed by Thai law.
A copy of these Terms and Conditions can be found at https://evriderz.com/.
SPECIFIC TERMS
FOR DELIVERY OF FOODS
Delivery of Foods means one of the services available in the Platform which allows a User to order Foods from menus of EVRiderz-FOOD Merchants listed in the Platform, which will be delivered by the Driver.
Foods means foods or drinks.
Merchant is any restaurant, retails store or any persons who provide Foods to the customers or user of the Platform.
Additional terms for Delivery of Foods
Neither EVRiderz or Merchants guarantee the availability of specific Foods. Menus are subject to change with or without notice.
Your order is subject to acceptance by the Merchant and this will be notified to You via email or otherwise via the Platform. The Merchant can accept or reject Your order at its sole discretion.
Your orders are non-cancellable from the time that You receive an email or notification via the Platform confirming acceptance of Your order.
You shall not order alcoholic beverages unless You are legally entitled to do so by applicable law. By ordering alcoholic beverages, You agree to show Your proof of identity to be verified by the Driver when delivering Your order in Your designated delivery destination.
Images and descriptions of Foods are for illustrative purposes only and may not be representative of the final Foods You receive.
The Merchants may use nuts or other allergens in the preparation of the Foods. It is also possible that nuts or other allergens could be introduced during transportation of the Foods. You should not assume that Foods are free from nuts or other allergens.
You must only purchase Foods for Your own personal consumption or at the request of the person You designate as the recipient of the Foods and You must not place orders with an objective of causing harm or inconvenience to the the Merchant or Your designated order recipient.
You agree and understand that by using Delivery of Foods, You authorise the Driver to purchase, collect, and/or deliver the Foods from the the Merchant for and on Your behalf and any amounts payable for the Foods and any other applicable fees as displayed on the Platform will be in addition to the Delivery Fees payable by You to the Driver. The Driver and/or the Merchant is entitled to contact You to obtain Your confirmation or clarification regarding Your order of Foods (including in the case of unavailability of one of Your orders or clarifying the address and the recipient of the order delivery). You must make Yourself available via the contact details provided in order to deal with the confirmation or clarification request.
You agree and understand that the price of the Foods displayed on the Platform at the time of your order is merely an estimation and may change from time to time. You agree to pay the price of the Foods as reflected in the receipt displayed on the Platform or purchase bill issued by the Merchant, as produced by the Driver upon delivery of the Foods at Your designated delivery location (as a case may be). If there is a significant difference between the price of the Foods as listed on the Platform, please let us know by submitting a complaint to us.
If You fail to make Yourself available to receive an order of Foods at the delivery location specified in the Platform, You may forfeit Your order and still be charged in full for the relevant Foods and the Delivery Fees for the Transportation Service in accordance with the Terms and Conditions, and a cancellation charge may be applicable.
Without prejudice to the other provisions of the Terms and Conditions, EVRiderz is not liable for:
a. the condition of Foods;
b. the quality of Foods; or
c. the difference of price between the one shown on the Platform and the one charged by the Merchant where You order the Foods.
FOR DELIVERY OF GOODS
Delivery of Goods means the Transportation Service provided by a Driver, to transport Goods in a Vehicle from a pick-up location designated by the User to a third party recipient at a destination location designated by the User.
Vehicle means the vehicle used by a Driver for the purpose of providing Transportation Services.
Additional terms for Delivery of Goods
You must provide complete and accurate information regarding the goods to be delivered (e.g. name of goods, weight of goods, type of goods, and other details) via the Platform.
EVRiderz does not provide any boxes, cardboard or other packaging as part of the Delivery of Goods. You are responsible for packing the goods to be delivered according to the characteristics of those goods. Special packaging is advised for fragile or non-durable goods such as cakes, ice cream, food, fruits and fresh flowers. EVRiderz is not liable for any damages or changes of form that occur during delivery.
You represent and warrant that You have been, are, or will be a legal owner of or otherwise have to right to handle the Goods to be delivered and that the Goods meet all the requirements as mentioned in the Terms and Conditions and these Specific Terms.
Unless expressly notified to You, EVRiderz does not insure the Goods and You are responsible for Your own insurance arrangements.
You must not use the Platform for the delivery of the following prohibited goods.
Drugs,
Illegal items,
Fragile items,
Very expensive or rare items,
Dangerous items (weapons, explosives, flammable, etc.),
Animals of any size, and/or
Stolen goods.
If You intend for the Goods to be delivered to a specific person, You must specify the intended recipient on the Goods. Notwithstanding, You agree that the Driver may leave the Goods with any person present at Your designated destination location or otherwise handle the Goods as required by applicable law, if Your intended recipient is not present at such location at the time of delivery.
You agree that the Driver will return the Goods to Your designated pick-up location if Your intended recipient refuses to accept the Goods, or if there is no person available to receive the Goods at Your designated destination location. In such an event, You will still be charged the User Fees for the Transportation Service in accordance with the Terms and Conditions, and a cancellation charge may be applicable.
If the Goods have been packed, the Driver may ask You to open and show the inside of a package to ensure that the contents are as You have represented, and You agree to cooperate with such requests.
FOR PASSENGER TRANSPORT
Passenger Transport is the Transportation Service provided by the Driver using a two-wheel motorised Vehicle (motorcycle) to transport a User from a pick-up location to a destination location designated by the User.
Additional terms for Passenger Transport
You must wear a suitable helmet provided by the Driver during the trip using Passenger Transport. If no helmet is available, You should cancel Your order and notify EVRiderz.
You must not interfere with the Driver's ability to operate the Vehicle safely.
You undertake that there will only be one passenger for every Driver. The Driver is entitled to decline or cancel Your order if the Driver finds that there are additional passengers.
If You allow a person other than Yourself to use the Passenger Transport requested by You via the Platform (whether or not accompanied by You), You shall be responsible for the safety of such person.
Pick-up and drop-off locations are approximate. The Driver may elect to pick You up or drop You off at an alternative location nearby where the Driver reasonably determines that it is dangerous or it is prohibited by Applicable Law to pick You up or drop You off at the original location.
You must not ask the Driver to speed or commit traffic violations, including stopping at unsafe or illegal locations.
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