At Foodgrubber, we strive to be a responsible business. In the same way, we expect our independent delivery drivers to run their businesses responsibly. This being the case, we have introduced certain minimum standards as set out below (the "Minimum Standards") which anyone aspiring to operate on the Foodgrubber Delivery Network must be able to meet at all times. Given that you wish to operate on the Foodgrubber Delivery Network, you must be able to meet the Minimum Standards. They are a key term of our contractual relationship with you.
If you are not able to comply with the Minimum Standards, either now or in the future, you cannot become or continue to be a Delivery Driver with Foodgrubber.
Capitalised terms below have the same meaning as those in the Terms and we may update or vary these Minimum Standards in the future. If we do, we'll let you know by sending you a notification and posting an updated version of these Minimum Standards via the Foodgrubber Delivery Portal.
Personal standards
You must:
Driving standards (if applicable)
You must:
Any vehicle (car, motorbike or scooter) to be used for deliveries must:
Equipment standards
You must:
Independent Contractor standards
Our model is based on you enjoying the freedom and flexibility that comes with self-employment. To this end, you acknowledge and agree that you:
Delivery Driver AGREEMENT
These terms and conditions (the 'Terms') constitute a legally binding agreement between you and BINFO Group (Company number 09218927 ) Kemp House, 152 City Road, London, United Kingdom, EC1V 2NX ('Foodgrubber', 'we', 'our' or 'us').
In these Terms, the following capitalised terms shall have defined meaning below:
1. General
1.1 By first reading, reviewing and then submitting to indicate your acceptance to these Terms on the Foodgrubber Delivery Portal which you may also view via your mobile phone you are entering into a contract with us. You acknowledge and agree that you have had the opportunity to read, understand, ask questions, and properly consider your obligations and the consequences of this Agreement, and that you agree to be bound by it.
1.2 You warrant for yourself and the Personnel that you/they have the right to work in the UK on a self-employed basis and you must notify us immediately if for any reason you/they do not meet the Minimum Standards and you must provide us with all required documents, including ID, visas, licences, permits, insurance certificates and consents upon request. You must provide updated documents and notify us should any documents previously provided to us expire, or if they are revoked or cancelled for any reason. In addition, on request, you must supply your vehicle taxation documentation. We reserve the right to remove your access to the Foodgrubber Delivery Portal at any time if you fail to meet the Minimum Standards.
1.3 You warrant for yourself and the Personnel that you/they do not have any unspent criminal convictions; furthermore, you undertake to notify us if you or any of your Personnel are convicted of a criminal offence at any time after entering into this Agreement (for so long as the Agreement remains in force).
1.4 You expressly consent to us to verifying your documents through such means as we may deem reasonable (including, but not limited to, conducting right to work and criminal record).
1.5 You warrant and represent that you operate an independent business (either as a sole trader, partnership or company) that provides delivery services, and that you meet (and will continue to meet) the Minimum Standards and can provide the Services in accordance with this Agreement.
1.6 You retain the right to provide services to others and to hold yourself out to the general public as a separately established business. These Terms do not restrict you from providing services for other businesses, customers or consumers at any time, even if that business directly competes with us and this is encouraged.
1.7 You warrant that you meet the Minimum Standards and you undertake to ensure that any of your Personnel are able to meet the Minimum Standards.
1.8 You are not permitted to create multiple Driver Accounts. To this end, it is your responsibility to ensure that the mobile telephone number associated with your Driver Account is not associated with any other Driver Account.
2. The Services
2.1 You will provide services to us as an independent Delivery Driver (the "Services").
2.2 You may notify us of your availability to perform Services via the Foodgrubber Driver Mobile Application. We will then notify you if a Delivery Run has been allocated to you. We do not guarantee that you will be allocated any Delivery Runs.
2.3 If you are allocated a Delivery Run, you are expected to sign into the Foodgrubber Platform via the mobile phone which is associated with your Driver Account using the Foodgrubber Driver Mobile Application (and remain signed in) for the full duration of the Delivery Run, and to remain ready, willing and able to receive Delivery Opportunities for that period.
2.4 During each Delivery Run, we may make available Delivery Opportunities which you may, if you wish, accept via the Foodgrubber Platform.
2.5 We are under no obligation to notify you of a Delivery Opportunity during a Delivery Run and you are not obliged to accept a Delivery Opportunity offered by us.
2.6 By accepting a Delivery Opportunity, however, you are contractually agreeing to provide the Services in accordance with the terms of this Agreement. Any failure to provide or complete the relevant Services will constitute a Service Failure.
2.7 If after accepting a Delivery Run you are unable to fulfil it you can engage other Personnel to carry out the Delivery Run on your behalf. For the avoidance of doubt, your Personnel may only fulfil a Delivery Run or Delivery Opportunity when you are unable to do so. Consequently, you and your Personnel are not permitted to provide the Services on the same Delivery Run at the same time.
3. Operations
3.1 You are responsible for running your own business, which means that you have the absolute discretion to control the manner in which the Services are provided. In particular, you are not required to follow any suggested route or directions. However, we do expect you to provide the Services in a timely, efficient, safe, and lawful manner.
3.2 You acknowledge and agree that while you remain bound by this Agreement:
3.2.1 You are free to notify us of your availability for Delivery Runs at your discretion;
3.2.2 You are free to accept or reject the Delivery Opportunities as you see fit;
3.2.3 You are not contractually required to provide any particular volume of Services and we are not contractually required to provide you with any particular volume of business. We may also offer Delivery Opportunities to other Driver’s or other persons for acceptance or rejection by such person at our sole discretion;
3.2.4 You are free and encouraged to work for other companies, businesses and operators; and
3.2.5 You are under no obligation to provide the Services personally and are free to engage Personnel to provide the Services on your behalf in accordance with clause 2.7 and clause 4.
3.3 We reserve the right to interrupt, restrict or limit your access to the Foodgrubber Platform (or any part thereof), or to temporarily or permanently withdraw, discontinue or terminate your access to the Foodgrubber Platform or your participation in it, at any time for the purpose of investigating alleged breaches of this Agreement or conducting maintenance or technical upgrading, development or repair of the Foodgrubber Delivery Portal.
4. Performance and Personnel
4.1 You will keep secure and confidential, at all times, any login, password(s) or other identification details required to access the Foodgrubber Delivery Portal or as otherwise required in your dealings with us. You are permitted to provide your login details to your Personnel to enable them to log into the Driver App, provided that you ensure that your Personnel keep those details confidential.
4.2 You are not required to provide Services personally, and may, to the extent permitted by law and subject to this Agreement, employ or engage Personnel to act as your substitute. You are solely responsible for the direction and control of the Personnel you use to provide the Services. The commercial terms which you agree with your Personnel are a matter between you and them. However, we will only ever pay you in respect of the Services and it will be your responsibility to pay the Personnel.
4.3 If you use the services of Personnel to provide the Services as your substitute, then you must ensure that the Personnel complies with this Agreement.
4.4 Neither you nor the Personnel will receive from us, and you acknowledge and agree that neither you nor the Personnel are entitled to receive from us, any wages, pension contributions, paid annual holidays, paid public holidays, statutory sick pay, paid personal leave, Income Tax or National Insurance contributions or any other statutory or common law employment benefits.
4.5 If you or your Personnel are not a British or EU National, you or your Personnel must:
4.5.1 obtain and maintain an appropriate valid visa issued by the relevant UK Government department which enables you or your Personnel to perform the Services; and
4.5.2 you or your Personnel must comply with any visa conditions imposed on you or your Personnel.
4.6 If your, or your Personnel's, visa status changes, you must notify us immediately and provide full details and information in respect of your changed circumstances. This Agreement is conditional on, amongst other things, your compliance with clauses 4.6 and 4.7.
4.7 From time to time, we (or our agents) may conduct a visa check with the relevant UK Government department to ensure your, or your Personnel's, ongoing compliance with this Agreement. Your and your Personnel's acceptance of this Agreement constitutes your or your Personnel's express consent to us (or our agents) undertaking any visa check.
5. Health and Safety
5.1 It is your responsibility to make yourself aware of and comply with all applicable health and safety legislation and road and traffic laws which will apply to you when performing the Services. It is also your responsibility to ensure that all Personnel are aware of and comply with all applicable health and safety legislation and road and traffic laws when they are performing the Services on your behalf.
5.2 You will immediately inform us if you are involved in any accident when using your vehicle while supplying Services, if you are arrested or if you are issued with a fine in respect of an offence while supplying Services or you are disqualified from driving.
5.3 You agree to co-operate with us in the event that there is an investigation of any incident or accident, including any workplace safety incident or near miss.
6. Delivery of alcohol
6.1 You have complete discretion whether to accept a Delivery Opportunity which includes an order for alcohol. If you do accept such a Delivery Opportunity, however, then in line with market practice regarding alcohol delivery.
7. Expenses
7.1 You agree that you are responsible for all costs and expenses arising from your provision of the Services, including, but not limited to, costs related to your Personnel and any Equipment and the costs associated with any parking fines or road traffic offences.
8. Fees and Payment
8.1 You will receive payment for the provision of Services on a weekly basis in accordance with our payment terms into your nominated UK bank account (which must be in your name or jointly in your name). All payments from us to you shall be communicated via the Foodgrubber Platform.
8.2 If you are registered for VAT purposes, you agree that Foodgrubber will raise self-billed invoices on your behalf for the duration of this contract.
8.3 You agree not to raise VAT invoices for any Services covered by this Agreement.
8.4 You agree to accept each self-billed invoice and that you will be liable to account for any output VAT liabilities on your VAT return, based on the output VAT calculated by Foodgrubber, on the self-billed VAT invoices. Foodgrubber will not be liable for any unpaid VAT liabilities as a result of any errors on your UK VAT returns.
8.5 While it is not an obligation for you to be VAT registered you must inform us if you are VAT registered and subsequently inform us immediately should your registration status change by emailing us at drivers@foodgrubber.co.uk You must also inform us immediately if your VAT registration number changes or you sell all or part of your business.
8.6 Foodgrubber will not issue any self-billed VAT invoices if you are not registered for VAT purposes. Instead we shall provide you with a statement detailing the fees you will receive for performing the Services.
8.7 The start date of the self-billing arrangement will be the date that this Agreement is put in place. The self-billing arrangement will expire as per the termination date under the same terms specified in clause 12 of this Agreement.
8.8 You understand and acknowledge that:
8.8.1 we will not withhold any income tax or National Insurance contributions from any monies or fees paid to you; and
8.8.2 you must hold and continue to hold a National Insurance Number whilst you provide the Services.
9. Relationship of Parties
9.1 You acknowledge and agree that you provide the Services as an independent contractor. Nothing in this Agreement shall be taken to create any employment relationship, worker status, agent, partnership or other joint venture or enterprise between Foodgrubber and you. You acknowledge and agree that you are not an employee or worker of ours or of any restaurant by operation of this Agreement. You acknowledge and agree that you are providing Services on behalf of yourself and your business.
9.2 Neither party has the right to bind the other by contract or otherwise except as specifically provided in these Terms.
9.3 Nothing in these Terms, and no verbal or written communication between the parties, whether prior to or after these Terms will be construed as an express or implied employment or worker agreement or a promise by Foodgrubber to employ you, any Personnel or any of your agents or representatives.
10. Insurance and Vehicle Tax
10.1 You must, on request, promptly provide us with such evidence as we may require that you are able to meet (or are continuing to meet) the Minimum Standards in relation to insurance and vehicle tax.
11. Service Disputes
11.1 You are responsible for the rectification of any errors and omissions in the provision of the Services.
11.2 In the event there is a Service Failure, you will not be entitled to payment, or part-payment, for any part of the Services affected by the Service Failure, as determined in our reasonable discretion.
12. Dispute Resolution
12.1 If there is a dispute between us, each party must use good faith efforts to resolve the dispute informally.
12.2 In the absence of an informal resolution, any dispute, controversy, or claim arising out of or in connection with this Agreement, or the breach, termination or validity of this Agreement (Dispute), shall be submitted to the Chartered Institute of Arbitrators (CIArb) and settled by final and binding arbitration in accordance with the CIArb Arbitration Rules. Judgment on any award issued under this provision may be entered by any court of competent jurisdiction.
12.3 A sole arbitrator shall be appointed by agreement between us. If we have not agreed on the appointment of a sole arbitrator within 30 days of a party's receipt of a notice of arbitration, then, at the request of either party, a sole arbitrator shall be appointed by the CIArb.
12.4 The parties will resolve any Dispute (including by way of arbitration) on an individual basis. Any claim you may have must be brought individually, in your individual capacity and not as a representative plaintiff or class member, and you will not join such claim with claims of any other person or entity, or bring, join or participate in a class action lawsuit, collective or representative proceeding of any kind (existing or future) against the Company or any related entity.
12.5 This clause will remain operative after the Agreement has ended and notwithstanding its termination.
13. Termination
13.1 Without prejudice to clause 13.2, either party may immediately terminate the Agreement and end the relationship between you and us for any or no reason on the giving of seven (7) days written notice.
13.2 Without prejudice to any other right or remedy we may have against you, we may terminate the Agreement with immediate effect with no liability to make any further payment to you if at any time you or your Personnel:
13.2.1 commits any serious or persistent breach of the terms of this Agreement;
13.2.2 are convicted of any criminal offence (other than an offence under any road traffic legislation in the United Kingdom or elsewhere for which a fine or non-custodial penalty is imposed);
13.2.3 commits any fraud or dishonesty or acts in any manner which in the opinion of us brings or is likely to bring us into disrepute or is materially adverse to the interests of us; or
13.2.4 loses the right to work in the UK.
13.3 Should an investigation be necessary to determine any of the above your access to the Foodgrubber Platform will be withdrawn for the duration of that investigation.
13.4 You agree that you will on request assist us in the investigation of any customer complaints that may be made about you, the Personnel or in relation to an incident in which you may be able to assist.
13.5 In the event that the Agreement is terminated, we are only liable to pay you for any Services provided up to the date of termination.
13.6 Termination of the Agreement will not release you from liability in respect of any breach, non-performance of any obligation or Service Failure by you prior to the date of termination.
14. Further Legal Terms
14.1 These Terms and the Minimum Standards record the entire agreement between the parties and replace and supersede all prior agreements whether written or otherwise in relation to its subject matter.
14.2 A party may only waive a breach of these Terms in writing signed by that party or its authorised representative.
14.3 The Agreement may only be amended in writing signed personally or by electronic means by the parties.
14.4 If any provision of these Terms is for any reason found by a court of competent jurisdiction to be unenforceable, the remainder of these Terms will continue in full force and effect.
14.5 You represent and warrant that you have reviewed and understand Foodgrubber's Delivery Privacy Policy. By accessing the Foodgrubber Platform, you consent to all actions taken by us with respect to your information in accordance with Foodgrubber's Delivery Privacy Policy as amended from time to time.
14.6 You acknowledge that products and services, including the Foodgrubber Platform, and all rights therein shall remain the property of Foodgrubber (or its licensors).
14.7 Each party has entered into this Agreement without relying on the representation by any other party or any person purporting to represent that party.
14.8 You must not assign or transfer any rights or obligations under this Agreement to any person.
14.9 Nothing in this Agreement nor your provision of the Services shall operate as to grant you any rights:
14.9.1 in the product or services; or
14.9.2 in our company name, logo, trademarks or that of our Related Entities or the right to use such company name, logo, or trademarks.
15. Data Protection and Confidential Information
15.1 All capitalised terms in this clause shall have the meaning given to them in Regulation (EU) 2016/679 ("GDPR"), and any and all applicable national data protection laws in the European Union ("EU") as may be amended or superseded from time to time ("Data Protection Laws").
15.2 You understand and acknowledge that Foodgrubber may process your Personal Data in accordance with Data Protection Laws and the Delivery Privacy Policy.
15.3 In our capacity as a Data Controller, we may share Personal Data with you in accordance with the following description:
15.4 You warrant that you will act solely as a Data Processor, process Personal Data only for the purpose of fulfilling the Delivery Services and comply at all times with the Data Protection Laws. You will maintain appropriate measures to ensure that the rights of the people to whom the Personal Data relates are protected. You will also implement and maintain appropriate technical and organisational measures to ensure a level of security appropriate to the risks presented by your processing of the Personal Data, and you must not transfer any Personal Data outside of the European Economic Area ("EEA") or appoint a third party to process the data without ensuring that the third party meets the same obligations as imposed under this clause14.
15.5 If you process any Personal Data pursuant to this Agreement you will follow any instructions we give you in respect of that data, which may include activities like deletion or return of the data that assist and enable us to comply with our obligations under the Data Protection Laws.
15.6 You will not process the Personal Data for your own purposes except with our prior written approval. In particular, you will not send communications to customers except via any masked telephone number, hardware or software provided by us to you. You will immediately notify us on becoming aware of any actual or possible breach of this clause. You will indemnify us for any loss, damage, dispute or third-party claim incurred by us as a result of your breach of this clause.
15.7 During your performance of the Delivery Services, you may have access to Confidential Information, including in respect of Foodgrubber, its related entities or third parties ("Confidential Information"). You agree that while you are an independent contractor and at all times thereafter, you will not, without prior written consent of Foodgrubber, except required by law or for you to obtain professional advice: (a) reveal, disclose or make known any Confidential Information to any person: or (b) use the Confidential Information for any purpose, other than for the purpose of providing the Services in connection with this Agreement.
16. Third Party Rights
16.1 We are entering into this agreement for ourselves and as agent for and trustee of all of our Group Companies and are duly authorised to do so. The parties intend that each Group Company should be able to enforce in its own right the terms of this agreement which expressly or impliedly confer a benefit on that company subject to and in accordance with the provisions of the Contracts (Right of Third Parties) Act 1999.
17. MODERN SLAVERY
17.1 You represent and warrant that at the date of this Agreement you have not been convicted of any offence involving slavery and human trafficking; nor have you been the subject of any investigation, inquiry or enforcement proceedings related to slavery and human trafficking. In performing your obligations under this Agreement, you must:
17.1.1 comply with all applicable anti-slavery and human trafficking laws, statutes, regulations and codes from time to time in force including but not limited to the Modern Slavery Act 2015, and with our Modern Slavery Policy; and
17.1.2 not engage in any activity, practice or conduct that would constitute an offence under the Modern Slavery Act 2015 whether such activity, practice or conduct were carried out within, or outside the UK; and
17.1.3 notify us as soon as you become aware of any actual or suspected slavery or human trafficking that has a connection with this Agreement.
18. Governing Law
18.1 This Agreement and any dispute or claim (including a non-contractual dispute or claim) arising out of or in connection with it shall be governed by and construed in accordance with English law.
18.2 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including any non-contractual dispute or claim) arising out of this Agreement.
