Courier Terms & Conditions
KEY PRINCIPLES
● These Terms govern your use of the Courier App to provide Delivery Services to Last Minute Driver.
● If you agree to these Terms, you may use the Courier App to access requests for Delivery Services from Last Minute Driver. You do so as a self-employed contractor who has the flexibility to choose if, when and where you use the Courier App and/or provide Delivery Services.
● You are under no obligation to use the Courier App or provide Delivery Services. You may accept or reject, and in certain circumstances cancel, Delivery Requests without consequence.
● There is no obligation of exclusivity under these Terms, which means you may work with competitor
businesses, or engage in any other occupation or business, at any time, including while using the Courier App.
● If you choose to accept a Delivery Request, you will provide Delivery Services to Customers as a
subcontractor of Last Minute Driver.
● Please read these Terms carefully. They include information as to how you and we may change or end the Terms and other important information including information about insurance and liability.
These Courier Terms (Terms) are entered into between you (you, your, Courier) and Last Minute Driver Limited, a company registered under the laws of Scotland with company number SC752230 (Last Minute Driver, we, or us) (together known as the parties). In some cases, Affiliates of Last Minute Driver will perform certain functions associated with these Terms as authorised agents for Last Minute Driver.
You are an independent person in the business of providing Delivery Services.
1. ENTERING INTO AN AGREEMENT
(a) Once you agree to these Terms, you enter into an agreement with Last Minute Driver. By clicking “I have carefully read and accept the Terms & Conditions”, you agree to be bound by these Terms and you expressly acknowledge that you have read, understood, and taken steps to consider the consequences of these Terms and that you are legally competent to enter into these Terms.
(b) These Terms create a contractual relationship between you and Last Minute Driver. The Terms do not create any contractual or other relationship between you and Merchants or Customers while using the Courier App.
(c) These Terms are exclusive to using the Courier App and do not cover the provision of any other service via apps of Affiliates of Last Minute Driver. These Terms will apply each time you use the Courier App.
(d) Each time you receive a Delivery Request, this constitutes an offer of a new contract to perform discrete Delivery Services in accordance with these Terms and, in addition, on the specific terms set out in the relevant Delivery Request, which may include the delivery pick-up and drop-off points and other details. You can accept the offer by indicating your acceptance of the Delivery Request in the Courier App.
2. RELATIONSHIP BETWEEN THE PARTIES
(a) Last Minute Driver operates a platform that matches Merchants with Couriers for the provision of delivering food and other items.
(b) Last Minute Driver has existing or prospective contracts with Merchants, for which we need support in providing Delivery Services.
(c) In consideration for the Delivery Fee, as set out in Section 6, you agree to provide Delivery Services to Last Minute Driver from time to time. If you wish to accept a particular request for Delivery Services, you will communicate your agreement to such request by clicking accept to a request in the Courier App.
(d) By agreeing to these Terms, you choose to be a self-employed contractor when providing Delivery Services using the Courier App.
(e) These Terms are not an employment or worker agreement, and they do not create an employment or worker relationship between you and us or you and any of our Affiliates. They also do not create a legal partnership, joint venture or give you the authority to bind us or any of our Affiliates, or hold yourself out as an employee, worker, agent, legal partner or authorised representative of us or any of our Affiliates.
3. USING THE COURIER APP
(a) You are under no obligation to log on or otherwise use the Courier App. You can log in to the Courier App if, when, and where you choose, and for however long you choose.
(b) You alone decide whether, when, where and for how long you want to use the Courier App and whether or when to accept, decline or ignore any request for Delivery Services.
(c)There is no obligation of exclusivity in these Terms. You are entirely free to choose whether to undertake work for, or provide services to, third parties. For example, you are free to perform delivery services for such third parties, or to make or hold yourself available to provide such services for third parties. Those third parties may include competitors of Last Minute Driver, companies that are also Merchants, individual Customers, and/or your own clients. You may do this work, provide these services, or hold yourself out as available to do this work or provide these services, at the same time as you: (a) are using and/or are “online” in the Courier App; and/or
(b) in the process of performing Delivery Services using the Courier App.
(d) When you are logged in and online, requests for Delivery Services may appear in the Courier App.
(e) If you accept a request for Delivery Services, Users will be given identifying information about you, including your first name, photo, location and information regarding your Transportation Method, in
accordance with Section 11 (Privacy).
(f) You alone will be responsible for choosing the most effective and safe manner to reach the destination
(including the route to be taken), and, except for our provision of the Courier App, you must provide all
necessary equipment, tools and other materials in doing so (at your own expense).
(g) After you have completed the Delivery Services, you may be asked to provide a rating for Users, who may also be able to give you a rating.
4. YOUR OBLIGATIONS AND RIGHTS
(a) You are only permitted to access the Courier App provided that, when doing so, you:
hold and maintain all relevant licences, permits, approvals and authorities applicable to providing Delivery Services; and
comply with the Community Guidelines.
(b) You must complete all Onboarding steps before you are able to access the Courier App.
(c) Last Minute Driver is entitled to terminate these Terms, deactivate or otherwise restrict you from accessing or using the Courier App if you breach these Terms or the Community Guidelines.
(d) When using the Courier App to provide Delivery Services, you will act in a professional and efficient manner. You will provide Delivery Services with due skill, care and diligence.
(e) When using the Courier App to provide Delivery Services, you will comply with all applicable laws and relevant regulatory requirements, notably those related to road safety, food safety and hygiene.
(f) When you choose to use the Courier App, you will do so in good faith and will not misuse it or attempt to defraud either us, Merchants, other couriers or Customers.
(g) You are not required to wear any Last Minute Driver branded clothing when providing the Delivery Services or to use any Last Minute Driver branded bags to provide the Delivery Services. You may choose to use equipment or clothing branded with our competitors when providing the Delivery Services.
(h) You are entitled to reject or ignore a Delivery Request at any time, and to cancel a Delivery Request that you have accepted at any time before collection from the Merchant for any reason without penalty. You may also cancel a Delivery Request after collection from the Merchant at any time, but in some instances this may lead to your access to the Courier App being temporarily restricted or, in the event of multiple cancellations without a plausible reason, these Terms being terminated.
(i) You will only provide Delivery Services using the Transportation Method identified on your account with us.
Your identified Transportation Method must be suitable for use on the Courier App (as may vary from time to time). Where applicable, your identified Transportation Method must be properly registered, licensed, and maintained in good condition consistent with industry and legal safety and maintenance standards.
(j) You will provide us with all requested documentation (including renewals) required by this Section during Onboarding and throughout your use of the Courier App, to allow us to review any of this documentation on an ongoing basis.
(k) You will be responsible for any Tolls, taxes and fees that may be incurred as a result of the provision of Delivery Services.
(l) You will maintain at all times while using the Courier App any required insurance for any transportation method which you use for the duration of your provision of Delivery Services at insurance levels required by applicable law.
(m) If you accept a request for Delivery Services, you will be provided with certain User Information and User instructions made available to Last Minute Driver via the Courier App, including (as applicable) the pickup and drop-off location of the applicable goods to be delivered. You agree not to use any information received regarding a User, for any reason other than for your provision of Delivery Services, however, nothing in this Section prevents you from contacting a Merchant or Customer using information that you have lawfully obtained outside of providing Delivery Services under these Terms.
(n) You will receive Courier account details to enable you to access and use the Courier App in accordance with these Terms. You agree that you will maintain your Courier account details in confidence and not share your Courier account details with any third party. You will immediately notify Last Minute Driver of any actual or suspected breach or improper use or disclosure of your Courier account details or the Courier App.
(o) You warrant that you satisfy the necessary immigration requirements of, and are entitled to work in, the United Kingdom, and agree not to provide Delivery Services in the United Kingdom if this changes.
5. INTELLECTUAL PROPERTY AND LICENCE TO USE THE COURIER APP
(a) Subject to you complying with these Terms, Last Minute Driver grants you a personal, non-exclusive, non-transferable, revocable, non-sublicensable, non-assignable licence to install and/or make use of the Courier App on your device for no fee and solely for providing Delivery Services. This licence will terminate when these Terms are terminated in accordance with Section 12.
(b) Last Minute Driver and Last Minute Driver’s licensors reserve all rights not expressly granted in these Terms. The Courier App and all data gathered through the Courier App (including all intellectual property rights in all of the foregoing) are and remain Last Minute Driver’s property or the property of Last Minute Driver’s licensors.
(c) You may not, and may not allow any other third party to: (a) license, sublicense, copy, modify, distribute, create, sell, resell, transfer, or lease any part of the Courier App; (b) reverse engineer or attempt to extract the source code of the Courier App except as allowed under law; or (c) launch or cause to launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any part of the Courier App or data.
(d) Last Minute Driver provides the Courier App “as is” and “as available,” and you acknowledge that the Courier App may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications and are not guaranteed to be available or error free or to result in any requests for Delivery Services. We make no representations, warranties or guarantees as to the actions or inactions of Merchants or Customers you may encounter as you provide Delivery Services, or the availability of the Courier App.
(e) You may not use any of Last Minute Driver or its Affiliates names, logos or marks for any commercial purpose except as we expressly allow, nor will you try to register or otherwise use or claim ownership over any of our Affiliates’ names, logos or marks. You may not copy, modify, distribute, sell or lease any part of our Courier App, or data, nor may you reverse engineer or attempt to extract the source code of our software. These Terms have no effect on the ownership or control of any of your intellectual property rights that may exist.
(f) The restriction on using Last Minute Driver and its Affiliates’ names, logos or marks in Section 6(e) shall not apply to your use of Last Minute Driver branded equipment or clothing if you choose to use such equipment or clothing while providing Delivery Services.
6. FEES AND PAYMENT
(a) Last Minute Driver will pay you a fee exclusive of VAT for every request for Delivery Services you accept and complete (the Delivery Fee).
(b) The Delivery Fee will be calculated based upon components including but not limited to a base delivery fee amount plus estimated distance required to be travelled (as determined by Last Minute Driver using location-based services), as well as other trip-related incentives which may be applicable at the time and/or place where you provide the Delivery Services (the Delivery Fee Calculation).
(c) The Delivery Fee does not include any tip paid to you by the Customer. Customers may pay you tips, either directly to you in cash or via the Merchant through pre-tipping on an online partnering app, over the phone orders where the customer has paid by card or via the Merchant's own dedicated app. It is your responsibility to ensure that you collect all pre-tips from the Merchant.
(d) You will receive Delivery Fees and tips paid through the Courier App on a weekly basis.
(e) Last Minute Driver reserves the right to change the Delivery Fee Calculation at any time at Last Minute Driver's absolute discretion. Last Minute Driver will usually provide you with seven (7) days’ notice in the event of: (i) changes to the base delivery fee that would result in a change in the recommended Delivery Fee; or (ii) structural changes to the Delivery Fee (for example, adding new components to the Delivery Fee Calculation), but Last Minute Driver reserves the right to implement such changes without notice. Subject to Section 6(f) the Delivery Fee Calculation shall not change once you have accepted a Delivery Request.
(f) Last Minute Driver reserves the right to: (i) adjust the Delivery Fee, both downwards and upwards, for a particular instance of Delivery Services (e.g. you failed to properly end a particular instance of Delivery Services in the Courier App without a plausible reason); or (ii) cancel the Delivery Fee for a particular instance of Delivery Services (e.g. in the event of a Merchant or Customer complaint, dishonesty or fraud, etc.). Last Minute Driver's decision to reduce or cancel the Delivery Fee in any such manner shall be exercised in a reasonable manner.
(g) Last Minute Driver reserve the right to withhold payment(s) due if we receive notification of a dispute over the collection or completion of a delivery. We will inform you of our decision to withhold payment(s) and further inform you once we have completed our investigation whether we will uphold the dispute.
7. TAXES
You will comply with applicable law regarding your tax registration, calculation and remittance obligations for your Delivery Services, and provide us on request with all relevant tax information (including any valid VAT number belonging to you if the law in the United Kingdom requires it). You are responsible for your own taxes, including on your own income. Based on applicable tax or regulatory considerations, we may provide any relevant tax information you have given us directly to the applicable tax authorities on your behalf or otherwise. For the purpose of this Section, references to “tax” includes VAT, income tax, social security contributions, stamp duties and similar charges.
8. INVOICES
(a) You agree that Last Minute Driver may prepare invoices and/or credit notes in your name and on your behalf for the Delivery Services provided to it and that you will not produce or submit to Last Minute Driver invoices and/or credit notes for the Delivery Services.
(b) Where you are VAT registered in the United Kingdom and have completed your tax information on lastminutedriver.info, Last Minute Driver will complete self-billed invoices for the Delivery Services showing your name, address and VAT registration number, together with all the other details which constitute a full VAT invoice. Last Minute Driver may outsource the preparation of self-bills to a third party, including a related party.
(c) You agree to notify Last Minute Driver of your VAT registration status via e-mail to couriers@lastminutedriver.info and provide any VAT registration number issued to you, and inform Last Minute Driver if your details and/or VAT registration status changes during the term of this agreement, including if you cease to be VAT registered or sell your business.
(d) You agree that you will carry out the invoices/credit notes’ printing, archiving and submission to the authorities as may be required by applicable law.
(e) You will retain sole responsibility for invoicing third parties and for invoicing any services other than the Delivery Services.
(f) You may dispute invoices and/or credit notes issued by Last Minute Driver in your name and on your behalf within a period not exceeding seven (7) days from the date of the invoice and/or credit note. Failing this, you will have accepted the invoice and/or credit note as correct.
9. ACCESS TO THE COURIER APP
(a) You are under no obligation to use the Courier App or to provide Delivery Services. If you choose to do so, but later decide to stop, you do not need to give us any notice.
(b) We may temporarily restrict your access to and use of the Courier App if there is a suspected breach of your obligations (Section 4, above), if we receive a serious safety complaint and/or if we suspect that you no longer have access to your account. If we do so, we will notify you in writing of the reasons for restricting your access. There may be circumstances in which we are unable to provide you with information about the suspected breach or complaint whilst an investigation is ongoing (either by us and/or a third party such as the police). However, where possible, we will provide you with an opportunity to respond to any allegations that you have breached your obligations upon restricting your access to and use of the Courier App.
10. PRIVACY
Information is collected, used and disclosed from or about you as described in the privacy notice found on the website (currently at lastminutedriver.info) (Privacy Notice). This includes your location data, which you must provide as a condition of your use of the Courier App. By agreeing to these Terms, you acknowledge that you have read and understand the terms of the Privacy Notice.
11. INSURANCE
(a) Prior to doing business with Last Minute Driver you agree to obtain and maintain any compulsory insurance required by applicable law to provide Delivery Services in the United Kingdom.
(b) Depending on your chosen Transportation Method, this may include any applicable compulsory motor vehicle liability insurance which provides protection against bodily injury and property damage to yourself, and third parties at levels of coverage that satisfy the minimum requirements to operate a motor vehicle being used for Delivery Services on the public roads within the United Kingdom.
(c) You agree to provide Last Minute Driver with a copy of the insurance policy, policy declarations, certificate of motor vehicle liability insurance and proof of premium payment for the insurance policy upon request.
(d) Furthermore, you must provide Last Minute Driver with at least thirty (30) days’ prior written notice of cancellation of any insurance policy required by Last Minute Driver. As required by local law or regulation, you must be a named insured or individually rated driver, for which a premium is charged, on any required insurance policy at all times.
(e) You agree to maintain during the term of this agreement employers’ liability insurance where required by local law in the United Kingdom. You may also choose where permitted by local law to insure yourself against industrial injuries by maintaining personal accident insurance. Furthermore, if permitted by applicable law, you may choose not to insure yourself against industrial injuries at all, but do so at your own risk.
(f) You understand and acknowledge that your motor vehicle insurance policy (if any) may not afford liability, comprehensive, collision, medical payments, first or third party no fault personal injury protection, uninsured motorist, underinsured motorist or other coverage for any Delivery Services you provide pursuant to this agreement. If you have any questions or concerns about the scope or applicability of your own insurance coverage, it is your responsibility, not Last Minute Driver', to resolve them with your insurer(s).
(g) You may also choose where permitted by local law to insure yourself against personal liability for damages to Last Minute Driver, Merchants, or Customers caused by your provision of Delivery Services. Furthermore, if permitted by applicable law, you may choose not to insure yourself against personal liability at all, but do so at your own risk.
(h) Last Minute Driver may maintain insurance related to your provision of Delivery Services as determined by Last Minute Driver in its reasonable discretion. You understand and acknowledge that, unless required by local law or regulation, Last Minute Driver is not required to provide you with any specific insurance coverage for any loss to you or any property (including any vehicle) owned or used by you. Should Last Minute Driver procure insurance related to your provision of Delivery Services, Last Minute Driver may change the terms of or cancel such coverage at its sole discretion at any time. You are required to promptly notify Last Minute Driver of any accidents that occur while providing Delivery Services and to cooperate and provide all necessary information related thereto.
12. TERMINATION
(a) Termination by you
You are under no obligation to use the Courier App or to provide Delivery Services. If you choose to stop, you may do so without giving Last Minute Driver any notice.
(b) Termination by Last Minute Driver
Last Minute Driver may terminate these Terms without cause at any time upon fifteen (15) days’ prior written notice to you setting out the reasons for the termination, except that this notice period does not apply where:
(i) we are subject to a legal or regulatory obligation that requires us to terminate your use of our services sooner than fifteen (15) days, which may include situations where you no longer qualify, under applicable law or our standards and policies, to provide Delivery Services or to operate your Transportation Method; or
(ii) you have breached these Terms or the Community Guidelines.
(c) Effect of termination
If we terminate these Terms, you shall no longer be able to provide Delivery Services to us. Upon termination of the Terms Sections 4(m), 6, 7, 13, 14 and 15 shall survive.
13. INDEMNITY
In order to access the Courier App, you agree that you will indemnify, defend (at our option) and hold Last Minute Driver, our Affiliates and our respective officers, directors and employees harmless from and against all claims, liabilities, expenses, damages, penalties, fines, social security contributions and taxes arising out of or related to your breach of these Terms, your breach of applicable law, or third party claims directly or indirectly related to your provision of Delivery Services. Last Minute Driver may seek reimbursement from you for any damages suffered by Last Minute Driver (including but not limited to refunds provided by Last Minute Driver to Customers or Merchants) caused by your actions in providing Delivery Services in a substandard manner.
14. LIMITATION OF LIABILITY
(a) We are not liable under or in relation to these Terms for any of the following (including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise): loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information, loss of or damage to goodwill and indirect or consequential loss, even if Last Minute Driver and/or our Affiliates have been advised of the possibility of such loss.
(b) Except for our obligations to pay amounts due to you under Section 6, in no event will Last Minute Driver’s combined total cumulative liability of each and every kind to you under this agreement exceed the aggregate amount of Delivery Fees actually paid to you under this agreement in the six (6) month period immediately preceding the event giving rise to the relevant claim.
(c) Nothing in these Terms limits any liability which cannot legally be limited, including liability for death or personal injury caused by negligence and liability for fraud or fraudulent misrepresentation.
(d) To the extent permitted by law, we exclude all warranties and disclaim all liability for any act or omission of you or any Merchant or Customer or any other third party.
15. GENERAL PROVISIONS
(a) General
(i) We will inform you with a seven (7) day notice term, of any proposed changes that are not provided for in these Terms by email and, at our absolute discretion, in the Courier App (the Change Notice). You will only be bound by such changes if you continue to offer Delivery Services through the Courier App after receipt of the Change Notice.
(ii) Notices of changes to these Terms will be sent to the email address connected to your account and may also, at our absolute discretion, be posted in the Courier App.
(iii) Invalidity of any provision in these Terms does not affect the validity and enforceability of the rest of these Terms and such invalid, illegal or unenforceable provision shall be deemed deleted. We may assign, subcontract or transfer these Terms or any of our rights or obligations in them, in whole or in part, without your prior consent.
(iv) These Terms are our entire agreement with you, and replace all previous agreements relating to your use of the Courier App.
(v) There are no third party beneficiaries to these Terms.
(b) Governing Law and Jurisdiction
These Terms shall be exclusively governed by and construed in accordance with the laws of Scotland. Each party irrevocably agrees that the courts of Scotland shall have exclusive jurisdiction to settle any Dispute or claim (including non-contractual Disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.
16. DEFINITIONS AND INTERPRETATION
(a) Definitions
Affiliates means any entity or association controlled by, controlling or under common control with Last Minute Driver, from time to time. For the purposes of this definition, the term “control” means the power of an entity or association (Entity A) to secure that the affairs of another entity or association {Entity B) are conducted in accordance with Entity A’s wishes.
Community Guidelines means the guidelines, as updated from time to time, which set expectations of all users of the Courier App, including Customers, Merchants, and couriers, which can be found at https://www.lastminutedriver.info/communityguidelines.
Courier App means the mobile application licensed to you by Last Minute Driver that enables you to access and receive Delivery Requests.
Customer means an individual who requests Delivery Services from Last Minute Driver.
Delivery Fee has the meaning given in Section 6(a)
Delivery Fee Calculation has the meaning given in Section 6(b)
Delivery Request means a request in the Courier App for you to provide Delivery Services.
Delivery Services means the service you provide as a self-employed contractor to Last Minute Driver where you deliver food or other items to Customers.
Dispute means any dispute, action or claim among the parties arising from or in connection with these Terms.
Merchant means a business who has made food or other items available for sale (e.g. a restaurant).
Onboarding means the process by which couriers first gain authorisation from Last Minute Driver to provide Delivery Services.
Tolls means any applicable road, bridge, tunnel charges and fees, including inner-city congestion, environmental or similar charges imposed by third parties as reasonably determined by Last Minute Driver.
Transportation Method means a mode of transportation that will be used for the purpose of providing Delivery Services.
Last Minute Driver Data means all data related to the access and use of the Courier App, including all data related to Users (including User Information) and all data related to the provision of Delivery Services via the Courier App and your account.
User Information means information about a Customer or Merchant (collectively Users) made available to you in connection with a request for Delivery Services, which may include delivery pick-up location, delivery drop-off location, the User’s name or User’s company name, the User’s contact information, the User’s signature, and the User’s photo, as well as any other relevant details specific to the items to be delivered.
‘VAT’ means value added taxes.
(b) Interpretation of these Terms
In these Terms, unless the context otherwise requires: (a) headings and information boxes are for convenience only and do not affect interpretation; (b) reference to any document includes reference to that document as amended, novated, supplemented, or replaced from time to time; and (c) if an example is givenof anything, such as by saying it includes something else, the example does not limit the scope of that thing.