Delivery Driver Agreement

Last update: November 28, 2022

 

By continuing to sign up on the QuickCart Delivery Driver application, I confirm that I understand and agree to the following Terms and Conditions: 

 

 

General Terms and Conditions:
All contractors must comply with the standards and procedures set forth by QuickCart contained herein and as from time to time updated.
SAFETY, CONDUCT, INSURANCE

PUNCTUALITY / NOTICE

GENERAL


BACKGROUND CHECKS
Contractors agree to being subjected to background checks carried out by QuickCart security clearance partners e.g. Guardsman. If these background checks reveal information that is inconsistent with what was shared with the company or information that points to involvement with unlawful or highly undesirable activities, this may result in termination of the contract.

TERMS SPECIFIC TO QUICKCART RIDES AND THE PROVISION OF LEASES THOUGH THE QUICKCART RIDES CAR LEASE CLUB
I. Club Membership Acceptance
You, as an individual ("you") agree to be a part of the Collaboration Club (“Club”) by signing this Agreement (as defined below) you agree to Club rules as may be provided to you or modified from time to time, which you expressly acknowledge and agree.
Taking into account the private nature of the Club, QuickCart reserves the right of admission of its members.
Membership of the Club is an essential condition for you to be able to sign this Agreement and actively lease vehicles using the platform.

II. Terms and Conditions
This Technological Digital Services Agreement for Vehicle Leasings and Driver Services Request (“Agreement” or Terms and Conditions) constitutes a legal agreement between you and Powell Interactive Limited which operates under the trademark, QUICKCART (“QuickCart”).
QuickCart provides the QuickCart Rides Services (as defined below) for the purpose of providing lead generation to Lessor Partners (as defined below) who meet the private needs of those who lease such Vehicles, using the QuickCart Rides Services. The QuickCart Rides Services enable Lessor Partners to seek, receive and fulfill orders and simultaneously obtain independent driver services requests from an authorized Lessee through the QuickCart Rides Contact Portal, exclusively for users of the Club. You warrant that you are authorized to lease your Vehicle/s and provide independent Driver Services in Jamaica and/or Trinidad & Tobago, and you acknowledge that you may offer these services, as required by the Lessee. You desire to enter into this Agreement for the purpose of accessing and using the QuickCart Services.
You acknowledge and agree that QuickCart is a digital intermediation technology services provider that does not provide transportation services and does not work as a carrier.
In order to use the QuickCart Services, you must read, understand, and agree to the terms and conditions that are set forth below. Upon your execution (electronic or otherwise) of this Agreement, you and QuickCart shall be bound by the terms and conditions set forth herein.

1. Definitions
1.1 “Affiliate” means an entity that, directly or indirectly, controls, is under the control of, or is under common control with a party, where control means having more than fifty percent (50%) of the voting rights or other ownership interest, the majority of the voting rights of such entity, the ability of such entity to ensure that the activities and business of that Affiliate are conducted in accordance with the wishes of that entity or the right to receive the majority of the income of that Affiliate on any distribution by it of all of its income or the majority of its assets on a winding up.
1.2. “Contact Portal '' means www.QuickCartonline.com or any other QuickCart electronic platform by which Lessor Partners offer their Vehicles for lease and/or sub-leasse along with Driver Services, and in turn Lessees are allowed to contact them by such platform. The electronic platform requires from the Lessor Partners and Lessees information that allows their identification and / or contact.
1.3 ”Club” refers to the Collaboration Club.
1.4. “Device” means Your Device.
1.5. “App” means the QuickCart Rides Contact Portal provided by QuickCart that enables Lessor Partners to access the QuickCart Rides Services for the purpose of seeking, receiving and fulfilling on- demand requests for Vehicle Leasing and Driver Services by Lessees , as may be updated or modified from time to time.
1.6. “Lessor Partner ID” means the identification and password key assigned by QuickCart to you that enables you to use and access the App.
1.7. “Lessee” means the natural person, affiliated to the Club, who acts as the final user authorized by QuickCart to use the QuickCart Rides Contact Portal in order to obtain, from the Lessor Partner, according to the terms and conditions of the Vehicle Lease and Driver Services Agreement agreed to by the Lessor, the Lessee and QuickCart. The Lessee will have operational control of the Vehicle and its operation. References to "user" during the execution of this Agreement will be understood as a reference to the Lessee.
1.8. “Lessor Partner'' means the natural person, affiliated to the Club, who acts as lessor or sub-lessor of the Vehicle and who provides to the Lessee driver services during the Vehicle Lease and Driver Services Agreement.
1.9. “Price” has the meaning set forth in Section 4.1.
1.10. “QuickCart Data” means all data related to the access and use of the QuickCart Services hereunder, including all data related to Lessees (including Lessee Personal Identifiable Information), all data related to the Vehicle Lease and Driver Services Agreement executed via the QuickCart Services and the App, and the Lessor Partner ID.
1.11 “Vehicle Lease and Driver Services” means the lease of a Vehicle and the Driver Services in favor of a Lessee, by virtue of a Vehicle Lease and Driver Services Agreement signed between the Lessor Partner and the Lessee, using the QuickCart Services in the Territory.
1.12 “Service Fee”or “Commission” has the meaning set forth in Section 4.4.
1.13 “Territory” means the city in which you are enabled to use the App within the territories of Jamaica and/or Trinidad & Tobago
1.14 “Tolls” means any applicable road, bridge, ferry, tunnel and airport charges and fees, including inner-city congestion, environmental or similar charges as reasonably determined by the QuickCart Services based on available information.
1.15 “QuickCart Services” mean QuickCart’s intermediation digital services rendered via its Contact Portal, being on-demand intermediary and related services that enable Lessor Partners to seek, receive and fulfil on-demand Vehicle Leasing and Driver Services requests by Lessees; such QuickCart Services include access to the App and QuickCart’s related software, websites, payment services as described in Section 4 below, and related support services systems, as may be updated or modified from time to time.
1.16 “Lessee Information” means information about a Lessee made available to you in connection with such Lessee’s Vehicle Lease and Driver Services request, which may include the Lessee’s name, location where the Vehicle Lease and Driver Services Agreement begins, contact information and photo.
1.17 “Vehicle” means any vehicle that: (a) meets the then-current QuickCart requirements for a vehicle on the QuickCart Services; and (b) QuickCart authorizes its use in the QuickCart Services in order for the Lessor Partner to assign the use, enjoyment and operational control of the same as a lease along with the provision of driver services, in favour of the Lessee.
1.18 “Vehicle Lease and Driver Services Agreement” means the private document agreed to by the Lessor Partner and the Lessee by means of which (i) the Lessor Partner delivers as a lease, and the Lessee receives in the same title, the use and enjoyment of the Vehicle in the terms and conditions contained therein, and (ii) the Lessor Partner provides to the Lesee the Driver Services during the Vehicle lease.
1.19 “Your Device” means a mobile device owned or controlled by you: (a) that meets the then- current QuickCart specifications for mobile devices as set forth www.drivewithquickcart.com and (b) on which the App has been installed as authorized by QuickCart solely for the purpose of Vehicle lease and driver services.


2. Use of the QuickCart Services
2.1 Lessor Partner IDs. QuickCart will issue you a Lessor Partner ID to enable you to access and use the App on a Device in accordance with this Agreement. You agree that you will maintain your Lessor Partner ID in confidence and not share your Lessor ID with any third party. You will immediately notify QuickCart of any actual or suspected breach or improper use or disclosure of your Lessor Partner ID or the App.
2.2 Interconnection of leasing and driver services. When the App is active, Lessee's requests for Vehicle Lease and Driver Services may appear to you via the App if you are available and in the vicinity of the User. If you agree to accept a Lessee’s request for Vehicle Lease and Driver Services, the QuickCart Services will provide you with certain Lessee Information via the App, including the Lessee’s first name and pickup location for the purpose of initiating the execution of the Vehicle Lease and Driver Services Agreement. In the event that the Vehicle Lease and Driver Services Agreement involves the displacement of the Vehicle to one or more destinations during the execution of the Vehicle Lease and Driver Services Agreement, you will obtain the destination from the Lessee either in person upon you making the use and enjoyment of the Vehicle available to the Lessee or from the App if the Lessee elects to enter such destination via the Contact Portal. You acknowledge and agree that once you have accepted a Lessee’s request for Vehicle Lease and Driver Services, QuickCart’s Contact Portal may provide certain information about you to the Lessee, including your first name, contact information, photo and location, and your Vehicle’s make and license plate number. You shall not contact any Lessees or use any Lessee’s personal data for any reason other than for the purposes of leasing your Vehicle and providing your Driver Services in furtherance of a lease facilitated by QuickCart. You acknowledge and agree that for security reasons of the Contact Portal that could benefit Lessor Partners and / or Lessees, QuickCart may implement functionalities that limit the use of the Contact Portal for the Vehicle Lease and Driver Services. The operation and scope of said functionalities will be informed by means opportunely defined by QuickCart from time to time.
As between QuickCart and you, you acknowledge and agree that: (a) you shall be solely responsible for determining the most effective, efficient and safe manner to perform each activity related to the Vehicle Lease and the Driver Services; and (b) except for the QuickCart Services , and at Lessees request, you shall provide all necessary equipment, tools and other materials, at your own expense, necessary to the Vehicle Lease and the Driver Services.
2.3 Your Relationship with the Lessees. You acknowledge and agree that the Vehicle Lease and your provision of Driver Services to Lessees creates a legal and direct business relationship between you and the Lessee, to which QuickCart is not a party, by virtue of the Vehicle Lease and Driver Services Agreement. QuickCart is not responsible or liable for the actions or inactions of a User in relation to you, your activities or your Vehicle. You shall have the sole responsibility for any obligations or liabilities to Users or third parties that arise from the Vehicle Lease or your provision of Driver Services. You acknowledge and agree that you are solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance that meets the requirements of all applicable laws) regarding any acts or omissions of a Lessee or third party. You acknowledge and agree that QuickCart may release your contact and/or insurance information to a Lessee upon such Lessee’s reasonable request. You acknowledge and agree that, unless specifically consented to by Lessee, you may not make the use and enjoyment of the Vehicle available to individuals other than a Lessee and any individuals authorized by such Lessee, during the Vehicle Lease and provision of Driver Services for such Lessee. You acknowledge and agree that all Lessees will have absolute operational control of the Vehicle in relation to the lease, this includes, without limitation, the Lessee's ability to define his specific destination, the route along which he wishes to move the Vehicle, determine interruptions and stops and other legal activities established by the corresponding Lessee.
2.4 Your Relationship with QuickCart. You acknowledge and agree that QuickCart’s provision to you of the App and the QuickCart Rides Services creates solely a legal and direct business relationship between QuickCart and you. QuickCart does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with the Vehicle Lease and the Driver Services, your acts or omissions, or your operation and maintenance of your Vehicle. According to the nature of the Contact Portal, you retain the sole right to determine when and for how long you will utilize the App or the QuickCart Services. You retain the option, via the App, to attempt to accept or to decline or ignore a Lessee’s request for Vehicle Lease and Driver Services via the QuickCart Services, or to cancel an accepted request for Vehicle Lease and the Driver Services via the App, subject to the termination grounds set forth in the Vehicle Lease and Driver Services Agreement. You will not: (a) display QuickCart’s or any of its Affiliates’ names, logos or colors on any Vehicle(s); or (b) wear a uniform or any other clothing displaying QuickCart’s or any of its Affiliates’ names, logos or colors. The foregoing does not apply if you and QuickCart have agreed otherwise or if so required by law. You acknowledge and agree that you have complete discretion to provide services or otherwise engage in business or employment activities in addition to your Vehicle Lease and Driver Services. For the sake of clarity, you understand that you retain the complete right to perform Vehicle Lease and Driver Services to your existing customers, as well as to use other software application services in addition to the QuickCart Services; and engage in any other occupation or business. QuickCart retains the right to, at any time at QuickCart's sole discretion, deactivate or otherwise restrict you from accessing or using the App or the QuickCart Services in the event of a violation of this Agreement, your disparagement of QuickCart or any of its Affiliates, your act or omission that causes harm to QuickCart’s or its Affiliates’ brand, reputation or business as determined by QuickCart in its sole discretion. QuickCart also retains the right to deactivate or otherwise restrict you from accessing or using the App or the QuickCart Services for any other reason at the sole and reasonable discretion of QuickCart.
​​2.5 Ratings.
2.5.1 You acknowledge and agree that: (a) after concluding the Vehicle Lease and Driver Services Agreement , a Lessee will be prompted by the App to provide a rating of you and Vehicle Lease and Driver Services and, optionally, to provide comments or feedback about you and such Vehicle Lease and Driver Services; and (b) after concluding the Vehicle Lease and Driver Services Agreement, you will be prompted by the App to provide a rating of the Lessee and, optionally, to provide comments or feedback about the Lessee. You shall provide your ratings and feedback in good faith.
2.5.2 You acknowledge that QuickCart desires that Lessees have access to high-quality services via the Contact Portal, in order to fulfill the Club’s needs. In order to continue to receive access to the App and the QuickCart Services, you cannot be reported by or show signs or indications to Lessees of behaviors or suspicions that violate their rights under the Vehicle Lease and Driver Services Agreement. If QuickCart is aware of such conduct or suspicions, QuickCart may contact you to inform you. QuickCart reserves the right to deactivate your access to the App and the QuickCart Services if you breach the Vehicle Lease and Driver Services Agreement. Additionally, you acknowledge ensuring your proper use of the App, which may include, among others, avoiding your use of the App in situations where you have no interest in accepting Vehicle Lease and Driver Services requests from Lessees. What is indicated herein is under the exclusive improvement of the Contact Portal and not intended to influence the Vehicle Lease and Driver Services Agreement.
2.5.3 QuickCart and its Affiliates reserve the right to use, share and display your and the Lessee's ratings and comments in any manner in connection with the business of QuickCart and its Affiliates without attribution to you or your approval. You acknowledge and agree that QuickCart and its Affiliates are distributors (without any obligation to verify) and not publishers of your and Lessee’s ratings and comments, provided that QuickCart and its Affiliates reserve the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws or QuickCart’s or its Affiliates’ content policies.
2.6 Devices.
2.6.1 You shall use Your Device to use the QuickCart Services and you agree: (i) you are responsible for the acquisition, cost and maintenance of Your Devices as well as any necessary wireless data plan; and (ii) you shall install the QuickCart Rides Driver App on Your Device. QuickCart hereby grants you a personal, free of charge, non-exclusive, non-transferable user right to install and use the App on Your Device solely for the purpose of offering Vehicle Lease and Driver Services. You agree to not provide, distribute or share, or enable the provision, distribution or sharing of, the App (or any data associated therewith) with any third party. The foregoing right shall immediately terminate and you will delete and fully remove the App from Your Device. You agree that: (i) use of the 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 expense; and (ii) use of the App on Your Device as an interface with the QuickCart Services may consume very large amounts of data through the data plan. QuickCart advises that Your Device should only be used under a data plan with unlimited or very high data usage limits, and QuickCart shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan.
2.7 Location Based Services.
You acknowledge and consent to your geo-location information being provided to the QuickCart Services via a Device in order to comply with its nature as a Contact Portal. You acknowledge and agree that: (a) your geo-location information will be monitored and tracked by the QuickCart Services when you are logged into the App and available to receive requests for Vehicle Lease and Driver Services or when you execute a Vehicle Lease and Driver Services Agreement; and (b) the approximate location of your Vehicle will be displayed to the Lessee before and during the execution of the Vehicle Lease and Driver Services Agreement. In addition, QuickCart and its Affiliates may monitor, track and share your cumulative geo-location information obtained by the App and Device for safety, security, technical, marketing and commercial purposes, including to provide and improve their products and services. In particular, we emphasize that at Lessee’s discretion and without the App executing a directive without their consent, the Contact Portal may, among others, evidence a request to sign a Vehicle Lease and Driver Services Agreement to the Lessor Partners registered in the App; and / or suggest to the Lessee to limit his search radius for Lessor Partners.

3. You and the Vehicle
3.1 Your Requirements. You acknowledge and agree that at all times, you shall: (a) hold and maintain (i) a valid driver's license with the appropriate level of certification to operate the Vehicle, and (ii) all licenses, permits, approvals and authority applicable to you that are necessary to execute Vehicle Lease and Driver Services Agreements in favour of Lessees in the Territory; (b) possess the appropriate and current level of training, expertise and experience leasing Vehicles and provide Driver Services in a professional manner with due skill, care and diligence; and (c) maintain high standards of professionalism, service and courtesy. You acknowledge and agree that you may be subject to certain background and driving record checks from time to time in order to qualify to provide, and remain eligible to use the App. You acknowledge and agree that any lack of compliance with any of the obligations set forth above, may result in the deactivation of your QuickCart Rides account. Additionally, QuickCart reserves the right, at any time and in QuickCart’s sole discretion, to deactivate or otherwise restrict you from accessing or using the App or the QuickCart Services if you fail to meet the requirements set forth in this Agreement or if you are fined by any transportation authority.
3.2 Vehicle Requirements. You acknowledge and agree that the Vehicle shall at all times be: (a) properly registered and licensed to transit and operate in the Territory; (b) owned or leased by you under a written lease or sub-lease available for inspection by QuickCart at all times, or otherwise in your lawful possession that allows your lease or sublease; (c) suitable for the execution of Vehicle Lease and Driver Services Agreements and the activities contemplated by this Agreement; and (d) maintained in good operating condition, consistent with industry safety and maintenance standards for a Vehicle of its kind and any additional standards or requirements in the applicable Territory, and in a clean and sanitary condition.
3.3 Documentation. To ensure your compliance with all requirements in Sections 3.1 and 3.2 above, you must provide QuickCart with written copies of all such licenses, leases (if any) permits, approvals, authority, registrations and certifications so that you can make use of the QuickCart Services and execute Vehicle Lease and Driver Services Agreements through the App. Thereafter, you must submit to QuickCart written evidence of all such licenses, leases (if any), permits, approvals, authority, registrations and certifications as they are renewed. QuickCart shall, upon request, be entitled to review such licenses, leases (if any), permits, approvals, authority, registrations and certifications from time to time, and your failure to provide or maintain any of the foregoing shall constitute a material breach of this Agreement. QuickCart reserves the right to independently verify your documentation from time to time in any way QuickCart deems appropriate in its reasonable discretion.

4. Financial Terms
4.1 Price Calculation and Your Payment. You are entitled to charge a fare for each Vehicle Lease and Driver Services Agreement executed between you and a Lessee that has been interconnected through the QuickCart Services (“Price”) . QuickCart will make available to you a Suggested Price that will be calculated upon a Base Price plus distance or mileage of use and enjoyment of the Vehicle during the Lease (as determined by the Lessor and Lessee using location-based services activated at through the Device) and / or time amount, as detailed above for the Territory (“Suggested Price Calculation”). You are also entitled to charge Lessee for any Tolls incurred during the Vehicle Lease and Driver Services , if applicable (Surcharges). Unless otherwise indicated, for each Vehicle Lease and Driver Services Agreement, the Lessee will pay an amount agreed with the Lessor Partner that will include the Price, the Surcharges applicable to the corresponding Vehicle Lease and Driver Services, as well as all applicable taxes and fees, together with the Service Fee described in Section 4.4 of the Agreement (the “Lessee Payment”). The Lessor Partner Payment may be informed in advance at the time of the Lease request or at the end of the Vehicle Lease and Driver Services Agreement. You: (i) appoint QuickCart as your limited payment collection agent solely for the purpose of accepting the Price from the Lessee, applicable Surcharges and, depending on applicability/or if requested by you, applicable taxes and fees from the Lessee on your behalf via the payment processing functionality facilitated by the QuickCart Services; and (ii) agree that the Lessee Payment made by Lessee to QuickCart shall be considered the same as payment made directly by Lessee to you. In addition, the parties acknowledge and agree that as between you and QuickCart, the Price that is part of the Lessee Payment is a recommended amount, and the primary purpose of the pre-arranged Price is to act as the default amount in the event you do not negotiate a different amount. You shall always have the right to: (i) charge a Price that is less than the pre-arranged Price; or (ii) negotiate, at your request, a Price that is higher or lower than the pre-arranged Price (each of (i) and (ii) herein, a “Negotiated Price”). QuickCart shall consider all such requests from you in good faith. QuickCart agrees to remit, or cause to be remitted, to you on at periodic intervals and subject to you meeting the minimum transfer threshold for remittance of funds set by QuickCart (in its sole discretion), which shall be communicated by QuickCart from time to time through the means established for that purpose by QuickCart: (a) the amount corresponding to the Price within the Lessee's Payment less the applicable Service Fee; (b) the Surcharges; and (c) depending on the region, certain taxes and ancillary fees. If you have separately agreed, other amounts may be deducted from the Price prior to remittance to you (e.g., vehicle financing payments, lease payments, mobile device usage charges, etc.), the order of any such deductions from the Price to be determined exclusively by QuickCart (as between you and QuickCart). Notwithstanding the foregoing, QuickCart agrees to remit to you any remaining funds held on behalf of you which have not previously been transferred (less any deductibles described before), at the end of each four week period or such shorter time period, as determined by QuickCart in its sole discretion.