Last Updated: February 17, 2019
This Eaze Driver App Terms of Service (“Driver App Terms”) and the terms and conditions herein are an addendum to the Eaze Terms of Service (“Agreement”), and any other agreements incorporated by reference therein (collectively, the “Eaze Terms”), between you and Eaze and sets forth additional terms and conditions that are applicable to your facilitation of Delivery Services through the Eaze Platform. Unless otherwise defined, capitalized terms herein have the meaning set forth in the Agreement. The Driver App Terms apply to current or future Drivers employed or contracted by a Retailer (“Your Retailer”) who provides Delivery Services through the Eaze Platform.
Acceptance
By agreeing to the Terms of Service, you agree with the Driver App Terms. The Driver App Terms are part of, and are governed by, the terms and conditions set forth in our Terms of Service, including any agreements incorporated by reference within the Terms of Service. If you do not feel comfortable with any part of the Driver App Terms or our Terms of Service, you should stop using or accessing the Eaze Platform and terminate your Account.
Representations and Warranties
You hereby represent and warrant that: (i) you have full power and authority to enter into these Driver App Terms and perform your obligations hereunder; (ii) you have not entered into, and during the term will not enter into, any agreement that would prevent you from complying with these Driver App Terms; and (iii) you will comply with all applicable laws in your performance of these Driver App Terms, including holding and complying with all permits, licenses, registrations and other governmental authorizations necessary in the applicable Service Area in which you provide Delivery Services for Your Retailer (“Territory”) pursuant to these Driver App Terms.
You may only access the Service or the Driver App (together, the “Driver Platform”) using authorized means and compatible Devices (defined below). It is your responsibility to ensure you downloaded the correct Driver App for your Device. Eaze is not liable if you do not have a compatible Device or if you have downloaded the wrong version of the Driver App for your Device.
In addition to any other representations and warranties contained in the Eaze Terms, you agree to the following by accessing or using the Driver Platform:
- You will only use the Driver Platform pursuant to your employment or contract work with Your Retailer and in accordance with the Eaze Terms
- You will only use the Driver Platform for lawful purposes and will notify Eaze if any instructions provided to you via the Driver Platform are unlawful
- You will not use the Driver Platform for sending or storing any unlawful material or for fraudulent purposes
- You will not impair the proper operation of the Eaze Network, the Driver Platform, or any other aspects of the Eaze Platform
- You will not try to harm, disrupt or interfere with the proper functioning of the Driver Platform in any way whatsoever
- You will not copy or distribute the Driver App or other Content without written prior permission from Eaze
- You will only use the Driver Platform for your own use and will not resell or otherwise make it available to a third party
- You will keep your Account password or any identification allowing you to access the Driver Platform secure and confidential
- You will provide Eaze with any proof of identity Eaze reasonably requests
- While using the Driver Platform you will act in full compliance with the laws of your state pertaining to commercial cannabis transactions
YOUR USE OF THE DRIVER PLATFORM
PROVISION OF DELIVERY SERVICES
When the Driver App is active, Consumer requests for Delivery Services may appear to you via the Driver App if you are available. If you accept a Consumer’s request for Delivery Services, the Driver Platform will provide you with certain User Content via the Driver App, including the Consumer’s first name and delivery location. You acknowledge and agree that once you have accepted a Consumer’s request for Delivery Services, the Driver Platform may provide certain information about you to the Consumer in order to facilitate the Delivery Services, including your first name, contact information, photo and location, and your vehicle’s make, model, and license plate number. You will be responsible for performing the Delivery Services in a timely, efficient, safe, and lawful manner.
DRIVER ACCOUNTABILITY
You acknowledge and agree that at all times, you shall: hold and maintain (i) a valid driver’s license with the appropriate level of certification to operate the vehicle used to provide Delivery Services (“Vehicle”), and (ii) all licenses, permits, approvals and authority applicable to you that are necessary to provide Delivery Services in the Territory
You acknowledge and agree that Eaze reserves the right, at any time in the Eaze’s sole discretion, to deactivate, terminate, or otherwise restrict you from accessing or using the Driver Platform if you fail to meet the requirements set forth in the Eaze Terms. You agree to abide by all applicable laws, including without limitation those regarding the use of a Device while driving, using, or operating the Vehicle for Delivery Services.
DEVICES
In connection with the mobile device owned or controlled by you through which you operate the Driver App (“Device”): (i) you and/or Your Retailer are responsible for the acquisition, cost, and maintenance of your Device as well as any necessary wireless data plan; and (ii) Eaze shall make available the Driver App for installation on your Device. Your license to use the Driver App shall immediately terminate and you will delete and fully remove the Driver App from your Device in the event that you cease to provide Delivery Services using your Device. You agree that: (i) use of the Driver App on your Device requires an active data plan with a wireless carrier associated with your Device, which data plan will be provided by you at your own or Your Retailer’s expense; and (ii) use of the Driver App on your Device may consume very large amounts of data through the data plan. EAZE ADVISES THAT YOUR DEVICE ONLY BE USED UNDER A DATA PLAN WITH UNLIMITED OR VERY HIGH DATA USAGE LIMITS. EAZE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FEES, COSTS, OR OVERAGE CHARGES ASSOCIATED WITH ANY DATA PLAN. You agree to use the Device in compliance with all applicable laws and regulations.
GEOLOCATION DATA
You acknowledge and agree that your geolocation information must be provided to the Driver Platform via the Device in order to provide Delivery Services. In addition, Eaze and its affiliates may monitor, track, and share with third parties, including Your Retailer, your geolocation information for safety, security, business, and operational purposes. You agree that you will not manipulate, abuse, or interfere with the geolocation feature on the Driver Platform.
THIRD-PARTY SOFTWARE
You acknowledge and agree that your use of the Driver Platform may require access, use, installation and/or download of third-party software, including mobile applications. You are solely responsible for complying with the terms and conditions of such third-party software. Eaze is not responsible for your access, use, installation and/or download of such third-party software or any delays or delivery failures that result from your access, use, installation and/or download of such third-party software. YOU HEREBY EXPRESSLY WAIVE AND RELEASE EAZE FROM ANY AND ALL DAMAGES, LIABILITIES OR LOSSES RESULTING FROM YOUR ACCESS, USE, INSTALLATION AND/OR DOWNLOAD OF SUCH THIRD-PARTY SOFTWARE.
THE PARTIES
YOUR RELATIONSHIP WITH CONSUMERS
You acknowledge and agree that your provision of Delivery Services to Consumers consists of a direct business relationship between you and Your Retailer on one side, and such Consumers on the other. Eaze is not responsible or liable for the actions or inactions of a Consumer in relation to you, your Retailer, your collective activities or your Vehicle. You and your Retailer shall have sole responsibility for any obligations or liabilities to Consumers or third parties that arise from your provision of Delivery Services. You acknowledge and agree that you are solely responsible for taking or ensuring such precautions as may be reasonable and proper regarding any acts or omissions by you or of a Consumer or third party. You acknowledge and agree that Eaze may use, share, and protect your PII or other User Data in accordance with the Privacy Policy. You acknowledge and agree that you may not transport or allow inside the Vehicle any Consumer or other individuals during the performance of Delivery Services, unless otherwise required by applicable law. You acknowledge and agree that your provision of Delivery Services will be without unauthorized interruptions or unauthorized stops, except as required by applicable law or for emergency purposes.
YOUR RELATIONSHIP WITH EAZE
The parties expressly agree that the Eaze Terms, including these Driver App Terms: (i) do not constitute an employment agreement nor do they create an employment relationship between you and Eaze; and (ii) do not create any service relationship, joint venture, franchisee relationship, partnership, agency, or contract directly between you and Eaze other than the right to access and use the Driver Platform under the terms and conditions hereunder. You acknowledge and agree that you are not an employee or independent contractor of Eaze and that you are solely a licensee of the Driver Platform. Your employment or independent contractor agreement with Your Retailer shall govern the terms and conditions of your employment or contract work.
EAZE WILL NOT ASSESS YOUR SUITABILITY, LEGALITY, OR ABILITY TO PROVIDE DELIVERY SERVICES AND YOU EXPRESSLY WAIVE AND RELEASE EAZE FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR PROVISION OF DELIVERY SERVICES OR YOUR ACCESS, USE, OR INABILITY TO ACCESS OR USE THE DRIVER PLATFORM.
Eaze does not direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of the Delivery Services, your acts or omissions, or your operation and maintenance of your vehicle. You and/or Your Retailer retain the sole right to determine when, where, and for how long you will utilize the Driver Platform, except as otherwise expressly set forth in the Eaze Terms. With the exception of any signage required by local law or permit/license requirements, Eaze shall have no right to require you to: (i) display Eaze’s or any of its affiliates’ names, logos or colors on the Vehicle; or (ii) wear a uniform or any other clothing displaying Eaze’s or any of its affiliates’ names, logos or colors. You acknowledge and agree that you have complete discretion to provide services or otherwise engage in other business or employment activities. Eaze retains the right to deactivate, suspend, or otherwise restrict you from accessing or using the Driver Platform in the event of a violation or alleged violation of the Eaze Terms, your disparagement of Eaze or any of its partners, your act or omission that causes harm to Eaze’s, its affiliates’, or its partners’ brand, reputation, or business as determined by Eaze in its sole discretion.
You have no authority to bind Eaze and you undertake not to hold yourself out as an employee, agent, independent contractor, or authorized representative of Eaze. Where, by implication of mandatory law or otherwise, you may be deemed an agent or representative of Eaze, you undertake and agree to indemnify, defend (at Eaze’s option), and hold Eaze, its affiliates and its partners harmless from and against any claims by any person or entity based on such implied agency or representative relationship.
Additional Provisions
FEES & PAYMENT
Your Retailer may require you to collect Charges from Consumers on its behalf for Products and/or Delivery Services, and you acknowledge and agree that Eaze is not responsible for such collection or any damages, liabilities, or losses resulting from such collection. You acknowledge and agree that Eaze is not responsible for any payments or compensation owed to you for your provision of the Delivery Services or use of the Driver Platform. In the event of any payment disputes, please contact Your Retailer.
PRIVACY AND CONFIDENTIALITY
Eaze entrusts you with Confidential Information, PII and other User Data relating to other Users when using the Driver Platform. By accessing or using the Driver Platform, we expect you to uphold the Eaze privacy practices to ensure all User Data remain secure and confidential. You should handle User Data with the same level of care and security as if it were your own. The Privacy Policy describes how Eaze collects, uses and protects User Data, including yours.
You represent and warrant that:
- You have reviewed and understand Eaze’s Privacy Policy, and will access, use, and protect any data in accordance with the Eaze Privacy Policy
- You will handle User Data responsibly and securely, and will not disclose any User Data to any third party except to the extent you need to disclose it to Your Retailer in order to fulfill Delivery Services, or as otherwise required to disclose it by operation of law
- You will not store or create copies of User Data, or enable any third party to do so, outside of the Driver Platform
- You will destroy or delete copies of any User Data as soon as the information is no longer necessary for you to provide Delivery Services or to operate the Driver Platform
- You will only access or use User Data as necessary to provide Delivery Services or to operate the Driver Platform
- You will notify Eaze without undue delay if you suspect an unauthorized party has accessed your Account, any User Data, or if you have any other security concerns
- You will not use User Data to contact individuals or solicit them for purposes not related to the provision of Delivery Services
COMPLIANCE WITH LAWS
You agree that you will comply with all applicable laws and will not cause Eaze to violate any applicable laws or effect the perception of a violation of such laws. You agree that you will verify that the Consumer provides a valid government-issued identification and any other verification as prompted by the Driver Platform (e.g., signature, etc.). Please note, the Driver Platform is not capable of fulfilling special requests or substitutions for the purchase of Products at the point of delivery.
GENERAL
If any provision of these Driver App Terms is held to be invalid or unenforceable, you and Eaze agree that such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Eaze to enforce any right or provision in these Driver App Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Eaze in writing.
CONTACT US
If you have any questions or concerns regarding the Driver App Terms or the Eaze Terms, please contact Customer Support.