Terms of Use

Last updated : 17 May 2024

By using the App you are confirming that you have understood and agreed to these App Terms in their entirety.

In these terms, when we say or refer to the “App”, we mean all the platforms and software we use to facilitate the services Delivery Pal Driver (“Drivers”) provide to us, including our driver mobile device application (the "Driver App") and our website deliverypal.net.
The App has features which, among others, allows you to submit Driver applications, notifies Drivers that a delivery opportunity is available, enables communication between Drivers and restaurant partners, and facilitates the allocation of orders, all with the sole intention of facilitating the Driver services you provide to Delivery Pal (the “Purpose”).

1 BEFORE YOU START USING THE APP
  • 1.1 Please read these App Terms carefully before you start using the App. They form a legally binding contract between you and Xpo-Online Ltd
    (“Delivery Pal ”).
  • 1.2By using the App you are confirming that you have understood and agreed to these App Terms in their entirety. For the avoidance of doubt, “using the App” can include, but isn’t limited to, installing, accessing, browsing, registering with, using features, interacting, posting or making purchases using the App.
  • 1.3 These App Terms apply regardless of how you acquire or access the App. If you don’t agree with them, you must not use our App.
2ADDITIONAL TERMS
  • 2.1When we refer to the “App Terms”, we mean these terms, together with:
    • a Our Delivery Pal Driver Privacy Policy, where we explain the data we collect when you use or register to use the App and the different purposes we use that data for. You can find it here: https://deliverypal.net/driver/policy
    • bthe Supplier Agreement; and
    • cany additional terms or policies that may apply in order to use the App or certain features of it, all of which are incorporated here by reference.
3WHO CAN USE THE APP
  • 3.1The App is only for Delivery Pal Drivers with a registered and active account.
  • 3.2You’re not allowed to create more than one account.
  • 3.3You’re not allowed to create another account if we’ve already disabled your account, previously removed or banned your use of our App.
  • 3.4You’re not allowed to use or attempt to use another user’s account.
  • 3.5We can refuse to register you, terminate, suspend or limit how you use the App (e.g. if we think you’ve failed to comply with any of the App Terms). If we’re required to, we’ll let you know in advance.
  • 3.6You agree to cooperate with us fully and give us information we need in order to provide and maintain our App. 
4INSTALLING AND UPDATING THE DRIVER APP 
  • 4.1At the moment, the Delivery Pal Driver App can only be downloaded from the Apple App Store or the Google Play Store. Please don’t use any versions downloaded from any other platforms or stores.
  • 4.2You mustn’t install or use the Driver App on or via jailbroken or rooted devices. These are devices which have had the device’s standard or intended security features changed or removed, making them less secure and more vulnerable to unauthorised or malicious use.
  • 4.3You must make sure the device you use to download the App doesn’t have malware installed on it.
  • 4.4You must always use the latest version of the App available.
5ACCESS TO THE APP 
  • 5.1To get you set up on the App, and as part of our security procedures, we will ask you for some information which we will process in line with our UK Driver Privacy Policy, including your email and / or phone number to use as your user name when you log in. Each time you log in, we will provide you with a one-time verification passcode. We refer to these login details as your “Delivery Pal Driver Credentials ”.
6HOW YOU MUST LOOK AFTER YOUR DELIVERY PAL DRIVER CREDENTIALS AND ACCOUNT
  • 6.1You have a responsibility to protect yourself and your information on the App from unauthorised use.
  • 6.2You must take care to keep the devices on which you use the App safe, in line with good security practices, and only use the App in accordance with all user guidelines.
  • 6.3Your Delivery Pal Driver Credentials and your Delivery Pal Driver account are only to be used by you.  
  • 6.4You must not share your Delivery Pal Driver Credentials or otherwise allow access to your account, the App Content (as defined below) or information on the App, directly or indirectly, with anyone or any third-party technology.
7LETTING US KNOW IF YOU THINK YOUR ACCOUNT HAS BEEN COMPROMISED 
  • 7.1If you suspect or know that your Delivery Pal Driver Credentials have been compromised in any way, or that there’s unauthorised access or use of your account, or if you have any concerns about the security of your account or the App or any App Content (as defined below), you must let us know immediately by contacting Delivery Pal Support.
8DO’S AND DON’TS OF USING THE APP 
  • aOnly use the App in a professional manner, following the guidance, policies, user guidelines we’ve communicated to you;
  • bOnly use the App for the Purpose;
  • cDon’t use the App in any way that could interfere with the Purpose (e.g. using techniques, tools or processes to block or spoof GPS location);
  • dDon’t use the App in any way that could damage it or stop it working or do anything which might affect our systems or others (e.g. upload viruses or malicious code or otherwise compromise, hack, bypass, or circumvent the security of our App);
  • eDon’t use the App for anything illegal;
  • fIf you access or use the App outside of the UK, you are responsible for complying with any local laws that may apply to your use of the App;
  • gDon’t use the App to access, store, upload, distribute or transmit any content or images that are inappropriate, offensive, harmful, threatening, defamatory, obscene, harassing, promotes violence or illegal;
  • hDon’t use the App in any way that breaches or inhibits other people’s rights or their use of the App, including us and other Drivers;
  • iDon’t allow any third party, or third-party App to attempt to access our App through unauthorised third-party applications;
  • jDon’t solicit login credentials from other users;
  • kDon’t buy or sell access to your account. And don’t rent, lease or otherwise permit access to your account, if by doing so you risk violating or infringing our, our licensors' or someone else’s intellectual property rights or the security of the App;
  • lDon’t copy, reproduce, crawl, frame, republish, download, print, post, distribute, broadcast, record, transmit, edit, link to, deep-link into, or distribute in any way the web pages or materials on the App or the computer codes or elements comprising the App, other than for the Purpose or our own internal business use; 
  • mDon’t attempt to make any income or use the App for any commercial purpose, other than the Purpose and the Driver services you provide to us;
    • iYou must not monitor our App’s availability, performance or functionality for any competitive purpose or simulate the appearance or function of
      our App;
    • iiDon’t reverse engineer, duplicate, decompile, disassemble, or decode our App (including any underlying idea or algorithm), or otherwise extract the source code of the software of our App; and
    • iiiDon’t use or permit any robot, spider, crawler, scraper or other automated means or interface to access our App or extract other users’ information. 
9INTELLECTUAL PROPERTY RIGHTS 
  • 9.1We, or our licensors, own our App and all information, materials, software (including data files, source and object codes, application programming interfaces, architecture, databases and related documentation), images, text, graphics, illustrations, logos, designs, patents, trademarks, goodwill, service marks, copyrights, photographs, audio, video, music and other content available on our App, any modifications and improvements we make to our App and its content, as well as “look and feel” of our App and all related intellectual property rights (“App Content”).
  • 9.2All intellectual property rights applicable to the App or the App Content shall remain vested in Delivery Pal or our licensors. Your use of the App, the App Content and its intellectual property rights shall be limited to the Purpose. 
  • 9.3We may access or disclose information about you or your use of our App: (a) if we are required to do so by law; (b) to respond to your requests for customer service support; (c) when we, in our discretion, think it is necessary to protect the rights or personal safety of us, our restaurant partners, or the public; or (d) otherwise in accordance with and as explained in our Delivery Pal Driver Privacy Policy. 
  • 9.4By submitting information (other than your personal data), like text, photos, graphics, posts or other content, to the App, you are confirming that you have the right to use the same and grant us the right to use those materials at our own discretion (with or without accreditation) and for any purpose, including without limitation, to edit, copy, sub-license, reproduce, disclose, post and remove such materials from the App. You give us the right to use those materials for as long as your content is protected by intellectual property rights. 
  • 9.5If you provide any feedback or suggestions to us about our App, subject to compliance with data protection laws, we can use these in any way without compensating you and without any restriction or obligation to you. You agree that we will own all rights in any materials or items we develop based on such feedback or suggestions. If you remove any feedback or suggestions you previously provided, we may continue to use any materials or items developed based on your feedback or suggestions. 
10OUR WARRANTIES AND DISCLAIMER 
  • 10.1The App is made available without charge so we will try to keep it available, but we cannot make any promises as to availability. Our App is provided “as is” and “as available” and (to the extent permitted by law and except as stated in these App Terms) without warranties of any kind, either express or implied, including implied warranties: (a) relating to merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement; or (b) arising from a course of dealing.
  • 10.2In addition, while we attempt to provide a good user experience, we do not represent or warrant that: (a) our App will always be entirely secure, error-free or timely; (b) our App will always function without delays, disruption or imperfections; or (c) that any App Content will always be timely or accurate.
  • 10.3To the fullest extent permitted by law, we take no responsibility and assume no liability for App Content. You agree that your sole and exclusive remedy for any problems or dissatisfaction with our App is to delete your account and stop using our App. 
  • 10.4To the extent permitted by law, we and our third party licensors shall not be liable for any errors or omissions or any loss, damage or expense incurred by reliance on any App Content.
11LIMITATION OF LIABILITY 
  • 11.1Nothing in these App Terms will exclude or limit any liability: (a) for death or personal injury caused by our negligence; (b) for fraud or fraudulent misrepresentation; or (c) for anything else that cannot be limited or excluded by law.
  • 11.2Subject to section 11.1, we and our personnel will not be liable for any indirect, incidental, special, or consequential damages, or for any loss of: profit, revenue, business, or contracts, or any loss of use or loss of or damage to data or goodwill or other intangible losses, in each case whether incurred directly or indirectly, resulting from: (a) your use of our App or inability to use our App; or (b) your access to or inability to access our App. 
  • 11.3Subject to sections 11.1 and 11.2, in no event will our total, aggregate liability, howsoever arising (including in contract, tort (including negligence), or breach of statutory duty) for all claims relating to our App exceed £100.
12CHANGES TO OUR APP AND THESE APP TERMS 
  • 12.1From time to time we will update these App Terms and/or the software or policies related to the App.
  • 12.2We may update the App through the App store. This means we may add or remove features, products or functionalities, and we may also suspend or stop access to our App altogether. Depending on what the update is, you may not be able to use the App until you’ve installed the latest version and accepted the new information about it.
  • 12.3Changes to the App Terms will take effect once we’ve published them on the App, so please check them regularly, as if you continue to use the App after those changes, you are confirming that you’ve agreed to those changes.  
13TERMINATING OR SUSPENDING USE OF THE APP 
  • 13.1It’s up to you whether, when or where you use the App. You can delete your account at any time and for any reason. If you delete your account these App Terms won’t apply after that point, but they still apply for anything that happened whilst you were using the App. 
  • 13.2There are some rights and obligations that continue, even after your account has been deleted (either by you or us, for any reason), so that both you and we will continue to be bound by sections 10 (Our warranties and disclaimer); 11 (Limitation of Liability); 13 (Terminating or suspending use of the App); 14 (Governing law and venue) and 15 (General terms) of these App Terms.
14GOVERNING LAW AND VENUE 

The laws of England and Wales govern the relationship between you and us, these App Terms and/or your use of our App, and any claims and disputes (including any non-contractual claims or disputes) arising out of or relating to the same. Both you and we irrevocably agree the courts of England shall have exclusive jurisdiction of any claim or dispute (including any non-contractual claims or disputes) arising out of or relating to the relationship between you and us, these App Terms and/or your use of our App.

15GENERAL TERMS 

We will not be liable for any breach of these App Terms caused by events, circumstances or causes beyond our reasonable control. If any provision of these App Terms is found unenforceable, that provision will be severed from these App Terms and not affect the validity and enforceability of any remaining provisions. These App Terms (including the terms they refer to) make up the entire agreement between you and us regarding our App, and supersede any prior agreements. These App Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these App Terms, it will not be considered a waiver. We reserve the right to transfer our rights under these App Terms and provide our App using another entity, provided that entity upholds these App Terms. You may not transfer any of your rights or obligations under these App Terms without our consent. We reserve all rights not expressly granted to you. Any words following “including”, “include”, “for example” or similar expression shall be illustrative only.

16CONTACT US 

Please send any comments, questions, concerns, suggestions or other notices to our Support Team by emailing us at support@deliverypal.app

If we need to notify you, we may notify you by email, posts within our App, or other legally accepted means.