Delivery Services – Terms of Service

TERMS OF SERVICE

These Terms of Service (the “Terms”) together with the Service Agreement (the “Service Agreement”) constitute the agreement (“Agreement“) between Delivery Hero (Cyprus) Ltd, with Registration No. HE369772 and registered address at 5 Esperidon Str., 2001 Strovolos, Nicosia (“Foody”) and the Freelancer Rider (the “Rider”) (and collectively Foody and the Rider shall be the “Parties” and each individually, “Party”).

The below Terms shall apply to all relations between Foody and the Rider in the course of using the Foody platform for delivery purposes. By signing up for the Foody platform, the Rider agrees to the application and content of these Terms and is informed about the processing of the Rider’s personal data disclosed during registration and use of the Foody Platform on the conditions set out in these Terms and the Privacy Policy.

1. BACKGROUND

1. Foody makes available to the Vendors (i.e. restaurants, coffee shops, groceries shops, flower shops, etc.) (i) an online marketplace at www.foody.com.cy (“Website”) and the mobile application Foody (“App” and together with the Website, the “Platform”), via which customers (“Foody Users”) can order food items, groceries and such other items and products which are offered for sale on the Platform directly from the Vendor (the “Products”) and (ii) delivery services to Foody users in Cyprus. 
2. The Rider has expressed an interest to provide delivery services to Foody platform with respect to Goods ordered through the Foody platform.

2. PROVISION OF SERVICES
   1. After receiving the account details from Foody, the Rider may commence using the Foody Platform on the Rider’s smartphone. Foody does not provide the devices or sufficient internet connection for using the Foody platform. Foody is not liable for the effective functioning of the Foody platform in any device.
   2. The Rider may provide the delivery service during all times that he/she has chosen in the Foody  platform. The Rider may choose the time and duration of providing the delivery service to Foody. Notwithstanding the above, the Rider must complete the delivery of any accepted Order before discontinuing the provision of services.
   3. For the purposes of the delivery services, the Rider is provided with access to the Foody platform and other Foody applications, through which he/she will be able to report availability to perform the Delivery Services.
   4. By using the Foody platform, the Rider may select the hours/times during which he/she is available to provide Delivery Services. The Rider reports availability via the platform login. Foody may also offer pre-booking availability. 
   5. Upon the login by the Rider, Foody will notify him/her of requests for orders’ delivery through the Platform.

3. EQUIPMENT
   1. Foody shall provide the Rider with a Delivery Box and/or Thermo Bags
   2. Foody reserves the right to deposit the amount of €90 (ninenty euros) from the first remuneration payable to the Rider as a security deposit to safeguard against any potential damages or loss to the equipment. The Rider undertakes to maintain the equipment in a good and clean condition until it’s returned to Foody.
   3. Upon the return of the equipment by the Rider, subject to inspection and verification by Foody, the deposit amount of €90 (ninenty euros) shall be promptly refunded to the Rider without interest or deductions. In the event that any damages or loss to the equipment caused due to negligence, misuse, or intentional actions may result in Foody deducting the appropriate amount from the deposit to cover the repair or replacement costs.
   4. In the event of the termination of the service agreement between Foody and the Rider, Foody reserves the right to withhold the deposit until the equipment is returned in satisfactory condition.
   5. Upon the termination of the agreement, the Rider acknowledges and agrees that he/she shall no longer have any right to use Foody’s branded equipment and/or logo or any proprietary materials associated with Foody.

4. RIDERS’ OBLIGATIONS
   1. The Rider shall be responsible for the Delivery Services being performed professionally and in compliance with any applicable regulations.
   2. The Rider is solely responsible for complying with all relevant laws and regulations for operating and using the chosen means of transport (indicative and not exhaustive, licenses, insurances, etc). Upon request and subject to appropriate data protection arrangements, the Rider must provide Foody with evidence of relevant supportive documentation, if and when requested.
   3. The Rider is solely responsible for complying with all Traffic Regulations. Foody is not liable for any failure or non-conformity of performing the Delivery Agreement and assumes no liability for any traffic violations or accidents sustained during the performance of the Delivery Agreement.
   4. The Rider is responsible for ensuring that he/she is sufficiently insured in order to carry out the Delivery Services, e.g. Rider’s third party liability insurance covers commercial use of the Rider’s vehicles and that the Rider is insured against accidents occurring in the course of carrying out the Delivery Services.
   5. If under the applicable law, the Rider needs to be registered as a service provider, entrepreneur or as a similar entity for taxation or other purposes, the Rider is responsible to comply with relevant legal requirements for the entire period of providing the delivery service through the Foody Platform.
   6. The Rider shall be responsible for the procurement of the equipment required for performing the Delivery Services, apart from the equipment provided by Foody (clause 3). The Rider shall own or otherwise possess the vehicle that will be used for performing the Delivery Services and shall be responsible for all expenses resulting from the use of such vehicle (e.g. fuel, insurance, maintenance expenses as well as road tax and any other applicable vehicle taxes). The Rider shall ensure that the cars, scooters or any other vehicles used by the Rider for performing the Delivery Services is registered in the territory where Delivery Services are provided and may be used to perform the Delivery Services in such territory.
   7. The Rider is not employed by Foody and does not act as Foody’s subcontractor, but provides the delivery service to Foody as an independent Rider. The Rider will ensure and be responsible that itself and where relevant, its employees and/or subcontractor, comply with all the requirements for providing the delivery service, as set out in these Terms.  
   8. The Rider shall not in any circumstances use or take advantage of the information regarding the deliveries, orders or the users of the Platform for any other purpose than carrying out the Delivery Services.
   9. The Rider shall at all times during his collaboration with the Foody:
      1. devote his/her working time, attention and ability to the duties arising from the Agreement;
      2. faithfully and diligently perform those duties and exercise such powers consistent with them as are vested in him/her;
      3. act politely and in good manners
      4. adhere to all food hygiene regulations and personal hygiene standards 
      5. follow all lawful and reasonable directions of Foody;
      6. not open, change, modify, add or remove anything from the packaging of the Vendor 
      7. use his/her best endeavors to promote the interests of Foody; and
      8. keep Foody fully informed of the conduct by him/her of the affairs of Foody.
   10. The above terms are of the essence and breach of any of them entitles Foody to terminate the agreement with immediate effect and seek damages, as well as take any other necessary legal measures deemed appropriate.

5. REMUNERATION
   1. The Rider shall receive from Foody a remuneration, according to the rates and the payment system which are visible to the Rider through the Riders’ Application (hereinafter the “Roadrunner”) or other suitable website and/or tool and/or application for this purpose.
   2. The Rider shall be able, before accepting or rejecting (by using the reject button on the app) a particular Order, to see the specific remuneration fee payable for this Order and to decide at his/her absolute free will, either to accept or not accept any order assigned to him/her through the platform.
   3. For each order, the Rider shall be entitled to receive a payment rate which is estimated by taking into account various factors, including but not limited to pick up fee, drop off fee, distance and orders demand.
   4. The Rider shall be liable for its costs arising from performing the Delivery Services and Foody shall not reimburse any expenses or damages arising from the performance of such services.
   5. Foody will process and make any related payments to the Rider on a weekly basis. The payments will be deposited by Foody into the bank account indicated by the Rider and the relevant bank statement will serve as the sole proof of payment. Foody reserves the right to unilaterally amend the frequency of the payments and in this case, Foody shall notify the Rider for its intention 30 days before the change.
   6. The Rider is solely responsible for paying tax and social security in relation to the remuneration paid pursuant to this, as well as any other similar contributions and/or deductions and/or obligations that may apply from time to time under the Laws of the Republic of Cyprus.
   7. Further to remuneration, the Rider shall receive from Foody the tips paid online (hereinafter the “Online Tips”). The Online Tips are payments made by the Users to the platform on behalf of the Riders either via card, paypal, apple pay and google pay and it’s related to the satisfaction of the delivery service. The Online Tips shall be paid out to the Rider on a monthly basis. A report with the total amount of tips per order are visible in the Roadrunner application.   
   8. Foody reserves the right to amend and/or modify the payment rates of paragraph 5.1.; such amendments will be published as mentioned in paragraph 12.1. herein.

6. SUSPENSION
   1. Foody reserves the right to temporarily or permanently suspend the Rider from using the Foody Rider’s Platform, in case that the Rider breaches any of the obligation set out in these Terms of Service, which all are being considered as material clauses, and/or any applicable laws or regulations, and/or causes harm to Foody brand, reputation or business as well as in cases that Foody has reasonable belief of fraudulent acts by the Rider concerning any aspect of this Agreement.   
   2. Foody users may leave feedback and make complaints regarding the delivery service through the Foody platform either by contacting Foody directly or by either means. Foody shall treat the complaints at its own discretion, investigate the complaint (where necessary) and decide on the further course of action in resolving the complaints. If the Rider has materially breached its obligations or Foody has received several complaints, Foody reserves the right to temporarily or permanently suspend the Rider or either terminate the service agreement with the Rider. 

7. CASH ORDERS
   1. “Cash Orders” shall mean such orders of food and other products which Foody users marked to be paid in cash.
   2. The Rider is responsible for keeping cash money of EUR 70 in minimum each day to be used for cash orders. Upon arrival at the restaurant to collect the order, the Rider shall pay the restaurant the Order amount, including the delivery fee, using cash. After delivering the order to the Foody user’s location, the Foody user reimburses the Rider for the total cost of the order, including the delivery fee, thereby completing the transaction.

8. STACKED ORDERS
   1. The Rider might be requested to deliver stacked orders. Stacked orders are two or more orders prepared by the same or two nearby stores and delivered at around the same time to different customers. 
   2. The Rider shall handle stacked orders with efficiency and diligence, ensuring prompt and timely deliveries to each Foody user. 
   3. The Rider shall exercise caution and care to preserve the integrity of each stacked order, preventing any damage, spillage, or mixing of items during transportation and/or delivery and shall act in accordance with the Terms of the Agreement. 

9. WARRANTIES
   1. The Rider warrants  that:
      1. Has the right to reside and work in Cyprus and have all necessary visas, licenses and permits allowing him to do so, during the Term of this Agreement.
      2. Holds a valid driver’s license which permits him/her to drive a car or motorcycle and/or any other vehicle accordingly in Cyprus, and will notify the Foody immediately should this cease to be the case.
      3. Has never been convicted for any criminal offence and has a clean criminal record.
      4. Will comply with any Food Safety and Riders Hygiene Guidance imposed by Foody.
   2. The Rider warrants that during the course of providing the delivery service to Foody, he/she complies with all relevant laws and regulations applicable to the provision of delivery service and with all requirements imposed by Foody.
   3. The Rider warrants that during the course of providing the delivery service to Foody, he/she will be in compliance with the requirements of any applicable anti money laundering laws and that he/she is not subject to any international sanctions, anti-terrorism or similar laws, decrees, ordinances, orders, demands, requests, rules or requirements. 
   4. The Rider warrants that and undertakes to immediately  inform Foody in writing  if any of the above ceases to apply. 

10. TERMINATION 
    1. The Agreement between Foody and the Rider shall commence on the Commencement Date and will continue for an indefinite period, unless terminated earlier in accordance with the below terms. The Agreement may be terminated:
       1. by any Party at any time with or without notice.
       2. at any time by mutual written agreement between the Parties;
       3. by either Party with immediate effect upon the provision of written notice in the event of material breach of this Agreement;
    2. Upon the termination of the Agreement for whatever reason, or at any other time, the Rider shall immediately return to Foody all information, material or property (including but not limited to delivery boxes, printouts, manuals, reports, letters, memos, cards, keys and uniforms) and all copies of that material, which are in the Rider’s possession or under their control.
    3. The termination of the agreement will not affect the Rider’s right to receive any due payments. 
    4. In the event that the Agreement between the Parties is terminated, the Rider undertakes to return to Foody the equipment provided in clause 3 above,  within 3 business days from the date of termination. If the equipment is not returned duly or in a good condition, Foody reserves the deduct the amount of the deposit from any due payments towards the Rider.

11. INDEPENDENT RIDER STATUS
    1. The Rider acknowledges that he/she is an independent Rider and not an agent, joint venture, nor an employee of Foody. The Rider shall have no authority to bind or otherwise obligate Foody in any manner, nor shall the Rider represent to anyone that it has a right to do so. 
    2. In the event that Foody suffers any loss or damage as a result of a violation of the above term, the Rider shall indemnify and hold Foody harmless from any such loss or damage.

12. AMENDMENTS
    1. Foody shall have the right to unilaterally amend any section of this Agreement (“Amendments”), and shall inform the Rider of such Amendments, either through the Roadrunner and/or via Tweety message and/or any other tool used by Foody or via the e-mail address provided to Foody during the registration process. 
    2. Foody reserves the right to amend any terms of this agreement without prior notice, unless a notice period is necessary for the Rider in order to make adaptations and/or to comply with the changes. In any case, notice period shall not apply when the Amendments are subject to a legal or regulatory obligation which requires Foody to change the Agreement in a manner which does not allow it to respect the notice period or where the Amendments are needed to address an unforeseen an imminent danger related to defending the Services, Riders, consumers or Vendors from fraud, malware, spam, data breached or any other cyber security risk. These Amendments will be available in Roadrunner.

13. CONFIDENTIALITY
    1. The Rider agrees not to reveal confidential information, or trade secrets to any person, firm, corporation, or entity during or after the term of this agreement. Should the Rider reveal or threaten to reveal this information, Foody shall be entitled to an injunction restraining the Rider from disclosing the same, or from rendering any services to any entity to whom said information has been or is threatened to be disclosed. The right to secure an injunction is not exclusive, and Foody may pursue any other remedies it has against the Rider for a breach or threatened breach of this condition, including the recovery of damages from the Rider.
    2. The Rider by his/her signing hereof acknowledges that, because of his/her cooperation with Foody, he/she shall acquire specific knowledge of information that is confidential and proprietary to Foody and its affiliated entities, including without limitation, its current and planned technology, its current and planned sales, marketing and corporate strategies, strategic customers and business partners and the organizational structure, identity, skills and interests of its Riders. The Rider agrees to maintain confidentiality of all confidential and proprietary information of Foody and will comply with all terms and conditions of this Agreement between him/her and Foody. Such obligations shall survive any termination of this Agreement.
    3. This clause does not apply to:
       1. information which is or becomes publicly available (otherwise than as a result of a breach of this clause) or
       2. the disclosure of information to the extent required to be disclosed by law or any court of competent jurisdiction, any governmental official or regulatory authority or any binding judgment, order or requirement of any other competent authority;
       3. the disclosure of information to any tax authority to the extent reasonably required for the purposes of the tax affairs of the Rider; or
       4. the disclosure to the Rider’s professional advisers of information reasonably required to be disclosed for any lawful purpose.

14. PERSONAL DATA
    1. Each Party undertakes to comply with the applicable rules for the personal data, as applicable from time to time, including the General Data Protection Regulation (Regulation (EU) 2016/679 – “GDPR”), the law 125(I)/2018, the decisions, opinions and directives in force of the Office of the Commissioner for Personal Data (“DPA”), as well as of any relevant legislation (collectively referred to as “Personal Data Protection Legislation”) regarding its obligations in relation to any processing (collection, storage, sharing, etc.) of personal data are communicated between the Parties within the framework of this Agreement depending on the purpose in which it carries out the respective processing. 
    2. In particular, for the purpose of this Agreement, the Rider provides Foody with the following personal data:
       1. Contact Information (First Name, Last Name, Contact Phone, Email, ID/passport and ARC number where applicable) 
       2. Location Data (Home Address, Region, Postal Code)
       3. Billing Details (IBAN and Bank Account Number)

Foody shall keep a record of such personal data and any data generated under this contract (such as, but not limited to, the contract, documents, correspondence, distribution history, platform user name) for the purpose, where applicable, of executing this contract, complying with its legal obligations, as well as pursuing its overriding legitimate interests.  Foody processes the Rider’s personal data as a Data Controller, committed to complying with its respective obligations under the Personal Data Protection Law. The Rider, as a data subject, may exercise the rights provided by the Personal Data Protection Legislation regarding the processing of his/her data by Foody (right of access, rectification, erasure, portability, restriction of processing, opposition to processing) by sending a request to [email protected]. 

3. In addition, Foody, by providing access to the platform, makes available to the Rider personal data of Foody Users whose processing is necessary for the provision of the Services provided herein. The user data collected by Foody and transmitted to Rider are the following:
   1. Contact Information (First Name, Last Name, Contact Phone)
   2. Location Data (Delivery Address, Postal Code, City, Country, Longitude, Latitude)
   3. Order Products and User Feedback.

Under no circumstances may the Rider further process, store, share, copy or use in any way the Users’ personal data for any other purpose than the specific and limited purpose mentioned here. All Users’ personal data will remain the exclusive asset of Foody.

The Rider undertakes to process the personal data communicated to him/her by Foody in compliance with the obligations provided for in the Personal Data Protection Legislation and, in particular, the Rider must:

1. process, throughout the duration of the provision of the Services, the personal data communicated by Foody exclusively and only for the fulfillment of the purposes of this Agreement. 
2. keep the personal data strictly confidential even after the termination of this Agreement;
3. notify Foody immediately of any personal data breach that comes to his/her attention; 
4. not disclose any personal data to third parties outside Foody and not transfer the data outside the EU/EEA unless Foody has given its prior written consent to do so;  
5. implement the necessary technical and organizational measures to protect personal data, in particular against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access; to provide upon request relevant guarantees to Foody, which may at any time reassess them and require the necessary adjustments;
6. Securely delete or destroy all personal data and existing copies thereof transmitted to it for the purpose of fulfilling the purpose of this contract.

The Rider shall be liable to compensate for the damage caused by the processing of personal data by the Rider, because they did not comply with the obligations of this contract and the Personal Data Protection legislation.

The granting of permission by the Rider to any third party to access personal data does not in any case relieve the Rider from its responsibilities towards Foody or its users under the law.

15. FOODY SAFETY & RIDER’S HYGIENE
    1. The Rider is responsible to take the necessary measures in order to ensure the highest standard of hygiene and act in accordance with any food safety laws. The Rider shall:
       1. Wear clean uniform 
       2. Wear suitable, sturdy and enclosed shoes 
       3. Keep shoes always clean and in good condition 
       4. Keep all equipment, including delivery box and thermo bags, mobile devices and surfaces clean and sanitized
       5. Keep the vehicle clean at all times
       6. Ensure frequent maintenance of the vehicle 
       7. Replace the delivery bag when it shows signs of wear and tear
       8. Not use the delivery bag to carry personal items, clothes or unauthorised items such as chemicals or hazardous goods as these could contaminate the bag and the food
       9. Never open food containers and always keep packaging seals intact
       10. Never touch or interfere with the food 
       11. Inform Foody immediately in case of illness (such as sickness and/or diarrhoea, infections of eyes, ears, skin or gums, skin trouble affecting hands, arms or face)

16. LICENCING, INTELLECTUAL PROPERTY RIGHTS AND DATA PROCESSING 
    1. Foody grants a revocable, non-exclusive, non-transferable, non-sublicensable license to the Rider for using the Foody platform for the purpose of providing the delivery service. 
    2. All intellectual property rights regarding the software, documentation or information used or developed by or on behalf of Foody during the provision of the information technology services under these General Terms (including, but not limited to the Foody platform and Confidential Information), as well as all data and statistics about the deliveries made through the Foody platform belong to Foody. The Rider shall not copy, modify, adapt, reverse-engineer, distribute, decompile or otherwise discover the source code of the Foody platform or any other software used by Foody. Foody shall maintain the data and statistics about the deliveries for each reference period for a period of one year after the end of said reference period.
    3. The Rider will not use the Foody platform for unauthorised or unlawful purposes or impair or seek to impair the proper operation of the Foody platform. 

17. RIDER’S INABILITY TO CONTRACT FOR FOODY

The Rider shall not have the right to make any contracts or commitments for or on behalf of Foody unless the Rider first obtained the express written consent of Foody.

18. INDEMNIFICATION

The Rider hereby indemnifies, defends and holds Foody harmless (and its trustees, members, partners, officers, employees, agents, representatives, and affiliates) from and against any losses, liabilities, damages, causes of action, judgments, costs and expenses (including, but not limited to, reasonable legal fees and expenses) which result from Rider’s negligent or intentional breach of the Agreement or from Rider’s negligence or willful misconduct. The obligations of this clause shall survive the expiration or termination of the Agreement.

19. MISCELLANEOUS 
    1. This Agreement is personal to the Parties hereto and may not be assigned by the Rider to any other third person without the prior written consent of Foody.
    2. For the purposes of this Agreement, the term “Rider” shall include and apply to any individual engaged in the provision of delivery services, including but not limited to drivers, cyclists and any other means of transportation in connection with the services outlined in this Agreement. The term “Rider” shall be interpreted in a broad and inclusive manner to cover all parties involved in the execution of the services agreed upon herein.
    3. Where versions of these Terms of Service exist in any other language, the English version shall prevail.
    4. These General Terms and any rights or claims arising out of or in connection with the Service Agreement shall be governed by the laws of the Republic of Cyprus, and in the event of any disputes arise out the Courts of the Republic of Cyprus shall have exclusive jurisdiction.

Last Updated 27 July 2023

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