Terms and Conditions (Driver)
DeliveryCircle™ Independent Contractor Driver Agreement
Welcome to DeliveryCircle.com. DeliveryCircle Services LLC and/or its affiliates ("DeliveryCircle"
we, us or our) provide website features and other products and services to our customers who
visit or shop at DeliveryCircle.com, use DeliveryCircle products or services, use DeliveryCircle
applications for mobile, or use software provided by DeliveryCircle in connection with any of the
foregoing (collectively, "DeliveryCircle Services"). By using DeliveryCircle Services as an
independent contractor driver, (you) agree to the following terms and conditions.
DRIVER STATUS. As a driver who is interested in performing delivery services for our customers,
you will be an independent contractor, not an employee of DeliveryCircle. Accordingly, you will have
no authority to act for or on behalf of DeliveryCircle to bind us without our express written consent.
As an independent contractor, you are not entitled to workers compensation or other employee
benefits that we provide to our employees. You are also not eligible to receive unemployment
compensation benefits through DeliveryCircle when you stop performing driver services for our
customers. You understand you are responsible for your own federal, state and local income, social
security, unemployment, sales, disability and any other applicable local, state or federal taxes arising
out of your performance of services
You are able to perform driving and delivery services for entities other than DeliveryCircle. However,
you warrant and represent that there is no conflict of interest between your performance of driving
services for DeliveryCircle customers and the performance of your services under other contracts for
services or as an employee of other entities and will ensure that no such conflict arises when you
are performing services for us.
PAYMENTS We will pay you a minimum of $15 per trip within a ten mile radius. A trip is defined as
pick up from one location and delivering to one or more locations. Payments are made to your
PayPal account and you are responsible for any fees that PayPal may charge for withdrawing funds
from their accounts. Longer delivery trips will be paid at a different rate and you will be advised of the
payable rate at the time you accept a delivery opportunity. Because you will be an independent
contractor, you are responsible for ALL taxes on your earnings including Self Employment taxes,
income taxes etc. DeliveryCircle is not withholding any taxes from the payments to independent
contractors (including any payments to you). All US payment processors, including PayPal, are
required by the Internal Revenue Service (IRS) to provide information to the IRS about certain
customers who receive payments for the sale of goods or services through PayPal. You can access
your 1099-K, or other appropriate tax forms, from your PayPal account.
TERMS. You shall be responsible for providing your own vehicle in connection with performing the
services. You are also responsible for all costs of vehicle insurance as required by your local
jurisdiction and as appropriate for the delivery activities you choose to perform, and vehicle
maintenance, but in no event with limits less than: (x) $100,000 for personal auto insurance; and (y)
to the extent you are utilizing your personal vehicle in performing driving and/or delivery services,
$100,000 per occurrence in commercial general liability insurance, insuring against any and all
liability for injury to or death of a person or persons and for damage or destruction of property
occasioned by or arising out of or in connection with your driving and/or delivery services to be
performed hereunder, including coverage for losses due to theft, hijacking or damages in transit.
You hereby agree and covenant to: (i) maintain all insurance coverages required hereunder,
including on any vehicles used by you in connection with providing driving or delivery services
hereunder, in amounts specified hereunder at all times from and after the date hereof until you no
longer perform any driving or delivery services hereunder; (ii) upon our request, to name Delivery
Circle as an additional insured under such policies; and (iii) notify us in writing within one (1)
business day if any such insurance policies expire, terminate or are otherwise not renewed.
DeliveryCircle shall have no liability to you or any third party for your failure to maintain any such
insurance, or for any losses caused by your failure to carry such insurance. DeliveryCircle does not
provide any materials or tools related to the performance of driver or other independent contractor
services, and does not reimburse drivers or other independent contractors for any expenses incurred
in connection with the performance of services. By entering into this agreement, you represent that
you have the requisite expertise, ability and legal right to render the services for our customers, and
will perform the services in an efficient manner. You will abide by all laws, rules and regulations that
apply to the performance of the services, including applicable laws governing operation of a motor
vehicle. By entering into this DeliveryCircle Independent Contractor Driver Agreement, you are
authorizing DeliveryCircle to run a full background check on you and/or your affiliates prior to you
starting as an independent contractor driver. DeliveryCircle does not determine your hours of work.
You are able to accept or reject opportunities to perform services. DeliveryCircles customers require
that you do not bring individuals under the age of 21 in the performance of your driving and/or
delivery services. You hereby acknowledge and agree that DeliveryCircle customers rate
independent contractor drivers (including you) on various categories of performance, as well as on
your professional appearance (e.g., the wearing of professional attire such as slacks with clean
shirts). Accordingly, you hereby agree and acknowledge that your professional appearance will
directly correspond to your overall rating and, as such, that: (1) DeliveryCircle can terminate your
driving and/or delivery services at any time (and from time to time) based upon feedback and ratings
from DeliveryCircle customers, which may be based on (but shall not be limited to) your professional
appearance; and (2) higher customer rating may allow you to obtain additional driver and/or delivery
services from DeliveryCircle customers. Without limiting the generality of the immediately preceding
sentence, DeliveryCircle requires, as a term hereof, that for your safety, you wear covered shoes
with no open toe sandals or flip flops.
PRIVACY. Please review our Privacy Policy (www.deliverycircle.com/privacy-policy.html), which
also governs your use of DeliveryCircle Services, to understand our practices.
ELECTRONIC COMMUNICATIONS. As a pre-condition of the provision of any DeliveryCircle
Service to you, you hereby represent, warrant and agree that you have, and will maintain at all
times, an operational smart phone that provides you with geolocation, camera, phone, text and
email services, and you hereby agree and acknowledge that Delivery Circle may, and hereby
expressly consent that DeliveryCircle may, electronically track you while you are performing driving
and/or delivery services hereunder. When you use any DeliveryCircle Service, or send emails to us,
you are communicating with us electronically. You agree to receive communications from us,
including via e-mail, text message, calls, and push notifications. You agree that texts, calls or
prerecorded messages may be generated by automatic telephone dialing systems. You may not use
a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a
card or other content or communications. Communications from DeliveryCircle, or its affiliated
companies may include but are not limited to: operational communications concerning your account or
use of the DeliveryCircle Services, updates concerning new and existing features on the DeliveryCircle
Services, communications concerning promotions run by us or our third party partners, and news
concerning DeliveryCircle and industry developments. Standard text messaging charges applied by
your cell phone carrier may apply. You are not required to consent to receive promotional text or calls
as a condition of using the DeliveryCircle Services. IF YOU WISH TO OPT OUT OF PROMOTIONAL
EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING
THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT
OUT OF PROMOTIONAL CALLS OR TEXTS, PLEASE FOLLOW THE DIRECTIONS REGARDING
HOW TO STOP SUCH TEXTS INCLUDED IN THE TEXT COMMUNICATIONS THEMSELVES.
INTELLECTUAL PROPERTY. All graphics, logos, page headers, button icons, scripts and service
names included in or made available through any DeliveryCircle Service are trademarks or trade
dress of DeliveryCircle in the United States and other countries. DeliveryCircles trademarks and
trade dress may not be used in connection with any product or service that is not DeliveryCircles, in
any manner that is likely to cause confusion among consumers, or in any manner that disparages or
discredits DeliveryCircle. All other trademarks not owned by DeliveryCircle that appear in any
DeliveryCircle Service are the property of their respective owners, who may or may not be affiliated
with, connected to, or sponsored by DeliveryCircle. If DeliveryCircle discloses any of its trade secrets
to you, you agree to treat DeliveryCircles trade secrets with the same degree of care as
DeliveryCircle would protect such trade secrets, but in no event will you use less than a reasonable
degree of care. Without DeliveryCircles prior written consent, you agree not to disclose
DeliveryCircles trade secrets or other confidential information, make copies of such trade secrets or
confidential information, or make any commercial use of such trade secrets or confidential
information. One or more patents owned by DeliveryCircle apply to the DeliveryCircle Services and
to the features and services accessible via the DeliveryCircle Services. Portions of the
DeliveryCircle Services operate under license of one or more patents. The contents of the
DeliveryCircle Services, including without limitation the files, documents, text, photographs, images,
audio, and video and other materials accessed through or made available for use or download
through the DeliveryCircle Services are protected by United States and international Copyright laws.
Any use without our express written consent is prohibited.
LICENSE AND ACCESS; RESTRICTIONS. You acknowledge and agree that the Delivery Circle
Services are provided under license, and not sold, to you. Subject to your compliance with this
DeliveryCircle Independent Contractor Driver Agreement and your payment of any applicable fees,
DeliveryCircle or its content providers grant you a limited, nonexclusive, nontransferable, non
sublicensable license to access and make personal and noncommercial use of the DeliveryCircle
Services. You may not:
- reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the DeliveryCircle Service or any part thereof;
- resell or engage in any commercial use of any DeliveryCircle Service, or its contents?
- copy the DeliveryCircle Services, except as expressly permitted by this license;
- collect and use of any product listings, descriptions or prices?
- make any derivative use of any DeliveryCircle Services or its contents, or modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of DeliveryCircle Services?
- download or copy account information for the benefit of another business? or
- use data mining, robots, or similar data gathering and extraction tools.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT. You hereby agree,
acknowledge and consent to any of our customers posting reviews, comments, photos and other
content and other communications and submit suggestions, ideas, comments, questions, or other
information about you or your affiliates, so long as the content is not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third
parties or objectionable and does not consist of or contain software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings, or any form of spam. DeliveryCircle reserves
the right (but not the obligation) to monitor, remove or edit such content, but does not regularly
review or monitor posted content. Delivery Circle does not currently contemplate that you will have
the ability or right to review or comment on our customers, but in the event this changes and you are
permitted to, and you do, post content or submit material, and unless we indicate otherwise: (i) you
grant DeliveryCircle a nonexclusive, royalty free, perpetual, irrevocable, and fully sublicensable right
to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display
and otherwise exploit such content throughout the world in any media; (ii) you grant DeliveryCircle
and sub licensees the right to use the name that you submit in connection with such content, if they
choose; and (iii) you represent and warrant that: (a) you own or otherwise control all of the rights to
the content that you post? (b) that the content is accurate and not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third
parties or objectionable and does not consist of or contain software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings, or any form of spam? (c) that use of the
content you supply does not violate this policy and will not cause injury to any person or entity? and
(d) that you will indemnify DeliveryCircle for all claims resulting from content you supply.
DeliveryCircle has the right but not the obligation to monitor and edit or remove any activity or
content. DeliveryCircle takes no responsibility and assumes no liability for any content posted by you
or any third party.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. THE DELIVERYCIRCLE
SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING
SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO
YOU THROUGH THE DELIVERYCIRCLE SERVICES ARE PROVIDED BY DELIVERYCIRCLE ON
AN AS IS AND AS AVAILABLE BASIS. DELIVERYCIRCLE MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE
DELIVERYCIRCLE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS
(INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH THE DELIVERYCIRCLE SERVICES. YOU EXPRESSLY AGREE
THAT YOUR USE OF THE DELIVERYCIRCLE SERVICES IS AT YOUR SOLE RISK. TO THE
FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DELIVERYCIRCLE DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
DELIVERYCIRCLE DOES NOT WARRANT THAT THE DELIVERYCIRCLE
SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR
OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH
THE DELIVERYCIRCLE SERVICES, DELIVERYCIRCLES SERVERS OR ELECTRONIC
COMMUNICATIONS SENT FROM DELIVERYCIRCLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
AS BETWEEN YOU AND YOUR AFFILIATES, ON THE ONE HAND, AND DELIVERYCIRCLE AND
ITS AFFILIATES, ON THE OTHER HAND, DELIVERYCIRCLE WILL NOT BE LIABLE FOR ANY
COSTS, FEES, EXPENSES, LOSSES, DAMAGES OR OTHER LIABILITY OF ANY KIND ARISING
FROM THE USE OF ANY DELIVERYCIRCLE SERVICE, OR FROM ANY INFORMATION,
CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY DELIVERYCIRCLE
SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
AND CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS,
LOSS OF PROFITS, BUSINESS INTERRUPTION, BREACH OF SECURITY, OR LOST OR
DAMAGED DATA. NOTWITHSTANDING THE GENERALITY OF THE IMMEDIATELY
PRECEDING SENTENCE, IN NO EVENT WILL DELIVERYCIRCLE BE LIABLE TO YOU OR TO
ANY OTHER THIRD PARTY FOR ANY PERSONAL INJURY (INCLUDING, WITHOUT
LIMITATION, DEATH) OR PROPERTY DAMAGE SUFFERED OR INCURRED BY YOU OR BY
ANY THIRD PARTY IN CONNECTION WITH ANY IN-HOME DELIVERY OR PICK-UP
REQUESTS (I.E., ANY DELIVERY OR PICK-UP REQUEST IN WHICH YOU OR ANY THIRD
PARTY ARE REQUESTED (WHETHER ORALLY OR PURSUANT TO THE PLATFORM) TO
ENTER ANY PERSONAL RESIDENCE OR COMMERCIAL REAL PROPERTY OWNED OR
OCCUPIED BY ANY DELIVERYCIRCLE CUSTOMER), WHETHER ANY CONDITIONS, FACTS OR
CIRCUMSTANCES CAUSING SUCH INJURY OR DAMAGE ARE KNOWN OR UNKNOWN.
DELIVERYCIRCLE IS NOT A TRANSPORTATION SERVICE PROVIDER OR FREIGHT
FORWARDER. THE DELIVERYCIRCLE SERVICES ARE A TOOL THAT CAN BE USED TO
SCHEDULE LOCAL DELIVERIES USING INDEPENDENT CONTRACTOR THIRD PARTY
DELIVERY DRIVERS. YOU UNDERSTAND AND AGREE THAT: (I) AS A DRIVER WHO
PERFORMS SERVICES FOR DELIVERYCIRCLE CUSTOMERS, YOU ARE AN INDEPENDENT
CONTRACTOR AND NOT A DELIVERYCIRCLE AGENT OR EMPLOYEE; (II) IN NO EVENT WILL
DELIVERY CIRCLE BE LIABLE OR RESPONSIBLE FOR YOUR MISTAKES, NEGLIGENCE,
ACTS, OMISSIONS, MISCONDUCT, OR ANY PERSONAL INJURY OR DEATH CAUSED BY YOU;
AND (III) DELIVERYCIRCLE DOES NOT OBTAIN OR PROVIDE INSURANCE FOR YOU.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of
certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or
limitations may not apply to you, and you might have additional rights.
You represent and warrant to DeliveryCircle that: (i) you have the requisite skill, experience and
qualifications to perform the delivery and/or driving services hereunder and that you will do so in a
professional and workmanlike manner in accordance with generally recognized industry standards
for similar services; and (ii) you shall perform the delivery and/or driving services in compliance with
all applicable laws.
INDEMNITY. You agree to indemnify and hold DeliveryCircle, its affiliates and its and their officers,
directors, managers, equity holders, employees, agents, suppliers, licensors, successors and
permitted assigns (collectively, DeliveryCircle Personnel), harmless from any demands, loss,
liability, claims or expenses (including attorneys fees), made against DeliveryCircle and/or any
DeliveryCircle Personnel by any third party due to or arising out of or in connection with (i) bodily
injury, death of any person or damage to real or tangible, personal property resulting from the
performance of driving and/or delivery Services by you or any subcontractor or affiliate thereof; (ii)
breach of any representation, warranty or obligation of you set forth in this Agreement; (iii) claims
made by employees or agents of you, any subcontractor thereof or any affiliate of any of the
foregoing related to the provision of any driving /or delivery services to be performed by any of the
foregoing, including any claim by such personnel that they are DeliveryCircle employees for any
purpose; (d) negligence, recklessness, willful misconduct or violation of law by you or any
subcontractor or any affiliate of any of the foregoing; and/or (e) any act or omission by you or any
subcontractor or any affiliate of any of the foregoing.
BINDING ARBITRATION. This DeliveryCircle Independent Contractor Driver Agreement provides
that all disputes between you and DeliveryCircle will be resolved by BINDING ARBITRATION.
ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A
CLASS ACTION PROCEEDING AND/OR TRIAL BY JURY) to assert or defend your rights under
this DeliveryCircle Independent Contractor Driver Agreement. Your rights will be determined by a
NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class
action.
DISPUTES. Any controversy of any nature whatsoever, including but not limited to tort claims or
contract disputes, between you and DeliveryCircle arising from or relating to the Delivery Circle
Services, including, without limitation the applicability and interpretation of these terms and/or the
privacy policy, shall, upon the written request of one party served upon the other, be submitted to
and settled by arbitration in accordance with the provision of the Federal Arbitration Act, 9 U.S.C.
1-15, as amended. In such arbitration, you and DeliveryCircle shall each appoint one person as
an arbitrator to hear and determine such disputes, and the two arbitrators shall choose a third
arbitrator from a panel made up of experienced arbitrators selected pursuant to the procedures of
the American Arbitration Association (the AAA) and, once chosen, the third arbitrators decision
shall be final, binding and conclusive upon the parties to this Agreement. Each party shall be
responsible for the fees and expenses of its arbitrator and the fees and expenses of the third
arbitrator shall be shared equally by the parties; provided, however, that the prevailing party in such
arbitration shall be entitled to have all of its attorneys fees paid by the non-prevailing party. The
terms of the Commercial Rule of Arbitration of AAA shall apply, except to the extent they conflict with
the provisions of this paragraph. It is further agreed that any of the parties hereto may petition the
United States District Court for the District of Delaware (or if such court refuses to take jurisdiction of
the matter, a Delaware State Court sitting in New Castle County, Delaware), for a judgment to be
entered upon any award entered through such arbitration proceedings. You hereby irrevocably
waive: (a) the right to trial by jury of any such suit, action or proceeding; (b) the right to participate in
a class action; and (c) any right, claim or entitlement to any punitive or exemplary damages
whatsoever.
APPLICABLE LAW. By using any DeliveryCircle Service, you agree that the Federal Arbitration
Act, applicable federal law, and the laws of the state of Delaware, without regard to principles of
conflict of laws, will govern this DeliveryCircle Independent Contractor Driver Agreement and any
dispute of any sort that might arise between you and DeliveryCircle.
GENERAL. If any provision of this DeliveryCircle Independent Contractor Driver Agreement is or
becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that
event, the parties shall replace the invalid or non- binding provision with provisions that are valid and
binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding
provision, given the contents and purpose of this DeliveryCircle Independent Contractor Driver
Agreement. You agree that this DeliveryCircle Independent Contractor Driver Agreement and all
incorporated agreements (and any rights or obligations hereunder or thereunder) may be assigned
by DeliveryCircle, in our sole discretion (including without limitation in connection with any sale of all
or substantially all of our assets, merger or consolidation or change of control), and this
DeliveryCircle Independent Contractor Driver Agreement and/or any incorporated agreements
(and/or any rights or obligations hereunder or thereunder) may not be assigned or transferred by you
without our prior written consent; any assignment made in contravention with the terms hereof shall
be null and void. Except as explicitly stated otherwise, any notices to DeliveryCircle shall be given
by certified mail, postage prepaid and return receipt requested to DeliveryCircle, LLC, 200
Continental Drive, Suite 401, Newark, DE 19713, Attn: Customer Service. Any notices to you shall
be provided to you through the DeliveryCircle Services or given to you via the email address or
physical you provide to DeliveryCircle during the registration process. Headings are for reference
purposes only and in no way define, limit, construe or describe the scope or extent of such section.
A partys failure to act with respect to a breach by the other party does not constitute a waiver of the
partys right to act with respect to subsequent or similar breaches. This DeliveryCircle Independent
Contractor Driver Agreement, as amended, updated or revised from time to time, sets forth the entire
understanding and agreement between you and DeliveryCircle with respect to the subject matter
hereof and supersedes all previous understandings and agreements between the parties, whether
oral or written. This DeliveryCircle Independent Contractor Driver Agreement shall be binding upon
the parties successors and permitted assigns.
If you have any questions regarding the DeliveryCircle Services, please contact us at: 800-617-
6450.