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Deliverer's Terms and Conditions

Deliverer Terms and Conditions

WHEREAS:

A. Snak City provides a mobile app and web-based technology system that allows consumers to connect with independent contractor couriers to facilitate on-demand delivery services from convenience stores, restaurants and Liquor stores

B. The Contractor wishes to be retained by the Company to effect such deliveries to the Company’s customers and the Company is willing to retain the Contractor on the terms and conditions listed below;

The Company

1. The Company will upon confirmation of the delivery by the customer and the Contractor providing

proof of payment for the products as required:

(a) pay the Contractor the allotted delivery fee and any gratuities;

(b) pay the Contractor for the Contractors cost of the specified products delivered

 

2. The Company may make, develop and implement rules and procedures from time to time

regarding the following:

(a) geographical areas or zones within which the Contractor may be provided the opportunity to

make deliveries to customers with such zone or territory;

(b) time allocations for the maximum time period allotted for a delivery in order to earn payment

of the delivery fee;

(c) the allocation of certain required or preferred retail suppliers within a certain geographic

area or zone to be utilized by the Contractor;

(d) forms or designated acceptable documentation to provide proof of product payment;

(e) forms to be completed by the Contractor and/or signed by the customer on delivery and

such forms of documentation acceptable to the Company as evidence of satisfactory

delivery of the specified products to the customer.

The Contractor

 

3. The Contractor shall ensure that the products that it/he/she undertakes to deliver are delivered:

(a) in a timely manner and within the acceptable delivery times set by the Company;

(b) in compliance with all municipal, provincial and federal laws, regulations and by-laws at the

Contractor’s sole expense, including any traffic and parking violations;

(c) in good and new condition all risks of loss of product between purchase from the retailer and

delivery to the customer shall remain solely with the Contractor;

(d) by persons well groomed and personably presentable and at all times polite and respectful

to the customer.

4. The Contractor understands that this agreement is not exclusive to the Contractor and that the

Company shall be offering delivery opportunities to other delivery suppliers on a first response

and 24 hour basis.

5. The Contractor will advise the Company of the availability of the Contractor for the purpose of

being offered delivery opportunities and shall endeavour to be available during those

6. The Contractor is solely responsible for any Worker’ compensation, mobile data and transportation costs such as insurance, fuel and repairs

 

Relationship

7. The parties are not agents for each other and nothing herein contained shall constitute either party as an agent for the other for any purpose and neither party shall have any right to incur liabilities or obligations for or on behalf of the other except as specified herein.

8. The Contractor acknowledges being an independent contractor and that all persons employed by the Contractor in connection herewith shall be employees of the Contractor and not employees of the Company and that the Contractor has control over the means and manner of performing the delivery services and is responsible for the results of such services.

9. The Company is under no obligation to provide delivery opportunities to the Contractor

Indemnity

10. The Contractor shall fully indemnify the Company and agrees to hold the Company harmless from and against any and all losses, liabilities, damages, costs, expenses and all claims of any and every kind whatsoever including without limitation any legal costs on a solicitor and own client basis and expenses paid, incurred or suffered by, or asserted against, the Company arising by reason or with respect to any conduct, action or activity of the Contractor or any if its/her/his employees, officers or agents. The Contractor’s obligation to indemnify the Company shall survive any termination of dealings between the parties or termination of this Agreement.

Confidential Information

11. The term "Confidential Information" includes any and all information hereafter disclosed by the Company to the Contractor whether verbally or in writing relating to the business of the Company including acquired and developed ideas, concepts, manuals, programs, system orders, marketing strategies, business plans, strategic direction, customer lists, sales records, financial data for the purpose of operating its business and information which it considers to be innovative and which it intends to further develop and perfect for the purposes of copyright and marketing, with the exception of (a) Information which at the time of the disclosure is in the public domain, (b) Information which was known to, used by, or in the possession of the Contractor prior to its receipt from the Company, and (c) information which, after disclosure to the Contractor, enters the public domain under circumstances not involving any breach or violation of any obligation of confidentiality by the Contractor to the Company.

12. All Confidential Information shall remain the property of the Company whether disclosed to the Contractor or otherwise and upon conclusion or termination of dealings between the parties or at any time upon the Company's request all Confidential Information including all copies thereof shall be returned to the Company.

13. The Contractor shall hold in the strictest of secrecy and confidence all of the Confidential Information and the obligation to maintain such secrecy and confidence shall apply notwithstanding that the Company does not subsequently retain the services of the Contractor. The Contractor agrees to not under any circumstances attempt to circumvent the Company or utilize Confidential Information contrary to the interests of the Company and expressly acknowledges herein the obligation to protect the Confidential Information received and the Company's interests therein.

14. The Contractor acknowledges and agrees that a breach or violation of any term or condition of this Confidentiality Agreement on the part of the Contractor to be observed, performed and kept shall result in loss to the Company which may not be adequately compensated for in damages. Upon any such breach or violation, the Company shall be entitled in addition to all costs incurred by the Company including legal costs on a solicitor and own client basis to equitable relief by way of injunction, specific performance or otherwise as any Court of competent jurisdiction may order without the necessity of proving actual damage.

GENERAL

15. This Agreement shall ensure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns, legal personal representatives, heirs, executors and administrators.

16. This Agreement may be executed in several counterparts each of which so executed shall be deemed to be an original and such counterparts together shall be but one and the same instrument.

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