Driver and Delivery Partner Terms of Use and Service
We look forward to working with you as a MyMenuHelper and MyCoffeeHelper Delivery Partner. Please note that our legal company name is MYCOFFEEHELPER, LLC., and you shall see that referenced in the Terms of Use.
ABOUT MYCOFFEEHELPER LLC.
MyCoffeeHelper, LLC’s owns and operates this herein references app (“Driver App”), and the supporting and related web-sites, backend systems, and mobile application(s), and selected other domains used to operate our service (collectively known for this document as the “Platform”). These “Terms of Use”, constitute a contract between you and MyCoffeeHelper, LLC. (hereafter, the “Agreement”) and provide the terms of your access to and use of the Platform.
By accessing and using the Driver App, you agree to adhere to the terms and conditions in the Agreement. If you do not agree with the terms set forth, do not use the Driver App.
USING THE DRIVER APP
Only drivers authorized to be a MYCOFFEEHELPER, LLC delivery partner may use the app, with the sole purpose of providing delivery services for the Platform.
The Driver App requires that you create and/or register for a unique account and must provide certain personal information such as Name, Mobile Phone, E-Mail and banking information for funds deposit.
You agree to provide accurate, current and truthful information. If you do not provide accurate information your status as an approved use of the Driver App may be immediately terminated.
It is your responsibility to keep information you have provided private. You agree to notify MYCOFFEEHELPER, LLC. immediately if you suspect unauthorized access to your account or information on our Platform and the Driver App.
To protect the security of your information, (a) do not disclose your account details to other parties (b) sign-out and close the Driver App after you have completed your deliveries for the day or any length of time. (c) do not allow others to access your phone/device while signed into the Driver App
MYCOFFEEHELPER, LLC will not be liable for any injury, loss or damage of any kind arising from, or related to, your failure to comply with (a), (b) or (c) above or for any injury, loss, damage, or acts or omissions by you or someone else using your Account and/or the associated password.
By accessing and using the Driver App, you will have sole discretion and authority to:
- Indicate and control your availability to deliver;
- Accept or reject orders that are offered to you have the Driver App;
- Communicate with the Restaurant or Diner in order to fulfill the delivery services;
- View your completed and in-process orders
- Manage your payment and banking information via the Stripe Platform
MYCOFFEEHELPER, LLC has no input or control over the amount of time spent by you in providing delivery services, and the relationship between the parties shall be that of independent contractor and not as an employer/employee, principal/agent or any other similar relationship. When paying you under this Agreement, MYCOFFEEHELPER shall withhold no taxes or other deductions except with the specific written agreement of the parties. MYCOFFEEHELPER, LLC.. shall report all payments made to you under this Agreement to appropriate taxing authorities.
You shall agree not to distribute or disclose any for the restaurant’s data, diner’s data or MYCOFFEEHELPER, LLC. information, except in accordance with providing the delivery service or as required by law.
ALCOHOLIC BEVERAGES POLICY AND PROCEDURES
In the legal jurisdictions that permit the ordering, sale and delivery of alcoholic beverages, if you deliver an order that includes any alcoholic beverage, you acknowledge that you have a responsibility, upon delivery, to examine a government-issued identification card of the recipient and confirm that: (i) the recipient is at least 21 years of age; (ii) the individual’s name matches the name on the order; and (iii) the recipient does not appear intoxicated. If the recipient does not show you a government-issued identification card indicating that the recipient is at least 21 years of age, or if the name on the identification card does not match the order, or the recipient appears intoxicated, you agree not to release the alcoholic beverage(s) and you further agree to return the alcoholic beverage(s) to the restaurant.
LICENSE TO YOU
As between you and MYCOFFEEHELPER, LLC, the Platform, including the Driver App, and everything on it (collectively, the “Materials”), except for the Customer/Diner Data and data that you directly provide about yourself on the Driver App, are owned by or licensed to MYCOFFEEHELPER, LLC. and protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties, and/or other proprietary rights and laws of the United States and other countries, including without limitation, all trademarks, service marks, logos, trade dress and trade names related to MYCOFFEEHELPER, LLC
We grant you a limited, non-exclusive, non-transferable and revocable license to access and use the Materials, solely as permitted by these Terms of Use and subject to all the terms and conditions of the Agreement, all applicable intellectual property laws, and any Additional Terms (as defined below) contained on the Platform. Any other use of the Materials is strictly prohibited. None of the Materials may be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission. Nothing contained on the Platform should be interpreted as granting to you any license or right to use any of the Materials and/or third party proprietary content on the Platform without the express permission, in writing, of MYCOFFEEHELPER, LLC. or the appropriate third party owner, as applicable.
MYCOFFEEHELPER, LLC. reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Platform, including the Driver App, and/or services offered on or through the Platform (or any part thereof), including but not limited to the Driver App’s features, look and feel, and functional elements and related services.
PROHIBITED CONDUCT AND ACTIONS
By accessing the Driver App, you agree to the following conditions:
- You will only accept orders via the Driver App that you intend to deliver;
- You will not break any Law(s) or violate the Terms of Service;
- You will not open any sealed bag or container without the permission of the restaurant and customer;
- You will maintain a polite demeanor with the restaurant and customer;
- You will not attempt to delivery alcohol to a party that is under 21 years of age and you will follow applicable laws for alcohol delivery in your jurisdiction;
- You will not disclose diner or restaurant data expect as it pertains to completing the delivery service;
- You will not impersonate another person while providing delivery for MYCOFFEEHELPER, LLC.;
- You will not save or transfer any data revealed by the Driver App;
- You will not use any data provided by the Driver App to solicit sales or contact anyone after the delivery is complete;
- You will not allow, license or permit others to access your account on the Driver App;
QUALITY OF SERVICE
MYCOFFEEHELPER,LLC’s restaurants and customers expect an extremely high-quality experience in using our Platform. You agree to maintain a level of quality of service in order to have access to the Driver App. MYCOFFEEHELPER, LLC. reserves the right to restrict or terminate your access to the Driver App if you service falls below acceptable standards.
Service issue that may result in restriction or termination include:
- Falsifying any information about a delivery;
- Treating customers with disrespect or unprofessionally;
- Failing to complete deliveries you have accepted;
- Repeated serious complaints from customers or restaurants;
- Breaking any applicable law while acting in the capacity of a delivery partner for MYCOFFEEHELPER, LLC.;
INDEMNIFICATION
You agree to indemnify and hold harmless MYCOFFEEHELPER, LLC from all claims, actions, losses, judgments, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of your breach or alleged breach of any provision of this Agreement, your violation of applicable law or your use of the Driver App.
DISCLAIMER
MYCOFFEEHELPER, LLC. DOES NOT PROMISE THAT THE DRIVER APP, WEB-SITES OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE OR APP WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE APP WILL PROVIDE SPECIFIC RESULTS. THE APP AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. MYCOFFEEHELPER, LLC. CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD OR ACCESS FROM THE SITE OR DRIVER APP WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. MYCOFFHELPER, LLC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MYCOFFEEHELPER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY MYCOFFEEHELPER, LLC. SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MYCOFFEEHEPER, LLC. FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR DRIVER APP OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
VIOLATIONS OF THE AGREEMENT
MYCOFFEEHELPER, LLC. reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including without limitation the right to block access to the Driver App.
CHANGES TO THE AGREEMENT
We may change the Terms of Use from time to time. If we make a change to the Terms of Use, we will make the most current version of Terms of Use available at the “Terms of Use” link for the Driver App. If we make a significant and material change to the Terms of Use, we will notify you via e-mail. By continuing to access and/or use the Driver App after we post Updated Terms, you agree to the Updated Terms. The Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
GOVERNING LAW
This Agreement shall be governed by the laws of the State of Oregon, and exclusive venue for any dispute hereunder or relating hereto shall be in Lane County, Oregon.
WAIVER AND SEVERABILITY
Any waiver by MYCOFFEEHELPER, LLC. of any provision of Terms of Use must be in writing. If any portion of Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of Terms of Use shall continue to be enforceable and valid according to the terms contained herein.
