TERMS OF DELIVERY SERVICE
These Terms of Delivery Service (the “Terms”), together with the Delivery Service Agreement (the “Delivery Service Agreement”), constitute the agreement ("Agreement") between Delivery Hero (Cyprus) Ltd, with Registration No. HE369772 and registered address at 5 Esperidon Str, 5th floor, 2001 Strovolos, Nicosia (“foody” or the “Company”) and the Freelance Rider (the “Rider”) (and collectively, foody and the Rider shall be the “Parties” and each individually, “Party”).
The following Terms shall apply to all relations between foody and the Rider in the course of using the foody platform for delivery purposes. By signing up for the foody platform, the Rider agrees to the application and content of these Terms and is informed about the processing of the Rider’s personal data disclosed during registration and use of the foody platform on the conditions set out in these Terms and the Privacy Policy.
1. BACKGROUND
1.1. Foody makes available to the Vendors (i.e. restaurants, coffee shops, grocery shops, flower shops, etc.) (i) an online marketplace at www.foody.com.cy (“Website”) and the mobile application foody (“App” and together with the Website, the “Platform”), via which customers (“foody users”) can order food items, groceries and such other items and products which are offered for sale on the Platform directly from the Vendor (the “Products”) and (ii) delivery services to foody users in Cyprus.
1.2. The Rider declares that he/she has experience in providing delivery services, using his/her own means, and wishes to cooperate with foody for carrying out deliveries in accordance with the terms hereof.
2. PROVISION OF SERVICES
2.1. The subject matter of these Terms is the provision of independent delivery services (hereinafter the "Services") by the Rider to foody, consisting of the transport of consumer, food and retail products, for the fee consideration and under the terms and conditions agreed and accepted herein.
2.2. For the provision of the Services, the Rider must create a user account on the electronic tool/application managed by the foody (“Rider App”). The credentials are personalized for the Rider, who, during the term of this Agreement, will have access to the application, through which he/she will be able to indicate, at his/her own discretion, whether and when he/she is available to perform the Services. The Rider can select, using the above application, the location, days, and hours during which he/she will be available to provide the delivery Services. The Rider may, in any case, indicate his/her availability to the Company by appearing connected (online) in the application. The Rider may also unilaterally indicate predetermined hours of availability, at his/her own preference and free choice.
2.3. When the Rider indicates that he/she is available, the Company can inform him/her, through the electronic application, of its available delivery work that can be selected by the Rider.
2.4. After receiving the user account details from foody, the Rider may commence using the foody platform on the Rider’s smartphone. Foody does not provide the devices or internet connection for using the foody platform. Foody is not liable for the effective functioning of the foody platform on any device.
2.5. The Rider may provide the delivery service during all times that he/she has chosen in the foody platform. The Rider may choose the time and duration of providing the delivery service to foody. Notwithstanding the above, if a Rider selects an Order, he/she must complete its delivery before discontinuing the provision of services.
2.6. Upon the Rider logging in, Foody will notify him/her of available delivery work through the platform.
3. EQUIPMENT
3.1. Foody shall provide the Rider with a Delivery Box and/or Thermo Bags or any other necessary or available equipment foody may provide from time to time.
3.2. The Rider undertakes to maintain the equipment in a good and clean condition until it’s returned to foody. Foody reserves the right to deposit the amount of €150 (one hundred fifty euros) from the fees payable to the Rider as a security deposit to safeguard against any potential damages or loss to the equipment.
3.3. Upon the return of the equipment by the Rider, subject to inspection and verification by foody, the deposit amount of €150 (one hundred fifty euros) shall be promptly refunded to the Rider. In the event that any damage or loss to the equipment is caused due to negligence, misuse, or intentional actions, foody may withhold the appropriate amount from the deposit to cover the repair or replacement costs.
3.4. In the event of the termination of the service agreement between foody and the Rider, foody reserves the right to withhold the deposit until the equipment is returned in satisfactory condition.
3.5. Upon the termination of the service agreement, the Rider acknowledges and agrees that he/she is obligated to return the equipment to foody and the Rider shall no longer have any right to use branded equipment and/or logo or any proprietary materials associated with Foody.
3.6. The Rider shall not modify any equipment provided by foody, in order to ensure his/her personal safety, road safety, food safety, and hygiene standards during the transportation and delivery of the Products. Any unauthorized modification of the equipment is prohibited and constitutes a direct breach of these Terms. Foody reserves the right to take any remedial action it deems appropriate in response to such breach.
3.7. The Rider shall not share, transfer, or lend any branded equipment to other riders or third parties under any circumstances. Sharing or transferring branded equipment without prior express written consent of foody constitutes a breach of these Terms. Foody reserves the right to take any remedial action it deems appropriate in response to such breach.
4. RIDERS’ OBLIGATIONS
4.1. The Rider shall be responsible for providing the Delivery Services in a professional manner and in compliance with any applicable legislation regarding the Services and the delivery of food and retail products and the Company’s applicable Code of Conduct.
4.2. The Rider is solely responsible for complying with all relevant laws and regulations for operating and using the chosen means of transport (indicative and not exhaustive, licenses, insurances, etc). Upon request and subject to appropriate data protection arrangements, the Rider must provide Foody with evidence of relevant supportive documentation, if and when requested.
4.3. The Rider is solely responsible for complying with all Traffic Regulations. Foody is not liable for traffic violations or accidents sustained during the performance of the Delivery Agreement.
4.4. The Rider is responsible for ensuring that he/she is sufficiently insured in order to carry out the Delivery Services, e.g., the Rider’s insurance covers commercial use of the Rider’s vehicles and that the Rider is insured against accidents occurring in the course of carrying out the Delivery Services.
4.5. If under the applicable law, the Rider needs to be registered as a service provider, entrepreneur or as a similar entity for taxation or other purposes, the Rider is responsible for complying with relevant legal requirements for the entire period of providing the delivery services through the Foody Platform.
4.6. The Rider shall be responsible for the procurement of the equipment required for performing the Delivery Services, apart from the equipment provided by Foody (clause 3). The Rider shall own or otherwise possess the vehicle that will be used for performing the Delivery Services and shall be responsible for all expenses resulting from the use of such vehicle (e.g. fuel, insurance, maintenance expenses as well as road tax and any other applicable vehicle taxes). The Rider shall ensure that the cars, scooters or any other vehicles used by the Rider for performing the Delivery Services are registered in the territory where Delivery Services are provided and may be used to perform the Delivery Services in such territory.
4.7. The Rider is not employed by Foody and does not act as Foody’s subcontractor, but provides the delivery service to Foody as an independent contractor/service provider at all times. The Rider will ensure and be responsible for himself/herself and, where applicable, his/her employees and/or subcontractors, to comply with all the requirements for providing the delivery service, as set out in these Terms.
4.8. The Rider shall not in any circumstances use or take advantage of the information regarding the deliveries, orders or the users of the Platform for any other purpose than carrying out the Delivery Services.
4.9. The Rider shall at all times during his collaboration with Foody:
4.9.1. maintain high professional standards while interacting with Users and Vendors
4.9.2. adhere to all food hygiene regulations and personal hygiene standards
4.9.3. not open, change, modify, add or remove anything from the packaging of the Vendor and
4.9.4. promptly notify Foody of any material developments, incidents, or changes that may affect the performance of this Agreement.
4.10. The above terms are of the essence, and breach of any of them entitles Foody to terminate the agreement with immediate effect and seek damages, as well as take any other necessary legal measures deemed appropriate.
5. FEES FOR THE DELIVERY SERVICES
5.1. The Rider shall receive from foody a fee, according to the rates and the payment system which are visible to the Rider through the Rider's App or other suitable website and/or tool and/or application for this purpose.
5.2. The Rider shall be able, before accepting or rejecting (by using the reject button on the app) a particular Order, to see the specific fee offered by foody for this Order and to decide at his/her absolute free will, either to accept or not accept any order assigned to him/her through the platform.
5.3. For each order, the Rider may receive a fee which is offered by foody by taking into account various factors, including but not limited to pick-up location, drop-off location, distance and order demand.
5.4. The Rider shall be liable for any and all of its costs arising from performing the Delivery Services. Foody shall not reimburse any costs, expenses or damages arising from the performance of such services.
5.5. Foody will process and make any related payments to the Rider for the performed delivery services twice a month via transfer and/or deposit into a bank account indicated by the Rider. The relevant bank statement can serve as proof of full payment.
5.6. The Rider is solely responsible for paying tax and social security in relation to the remuneration paid pursuant to this, as well as any other similar contributions and/or deductions and/or obligations that may apply from time to time under the Laws of the Republic of Cyprus.
5.7. Further to payable fees, the Rider shall receive from Foody any tips paid online (hereinafter the “Online Tips”) from the Users of foody platform (consumers) related to the delivery service. Such Online Tips payments are received by foody via electronic means (indicatively card, PayPal, ApplePay/GooglePay) when Users order from the platform. The Online Tips shall be paid out to the Rider on a monthly basis. A report with the total amount of tips per order is visible in the Rider App.
5.8. Foody reserves the right to amend and/or modify the payment rates of paragraph 5.1 at all times; such amendments will be published as mentioned in paragraph 12.1 herein.
5.9. The Rider agrees and accepts that the Company is entitled to make deductions from the Rider’s payable fees, following a prior investigation by the competent department, in the following cases:
5.9.1. if the Delivery Services are not performed within a reasonable time due to the Rider’s fault, taking into account the estimated delivery time (particularly in order to ensure food safety),
5.9.2. if the Delivery Services fall short of the expected quality standards, such as incorrect or incomplete collection or delivery, destruction or spoilage of the product,
5.9.3. if the Delivery Services provided by the Rider give rise to complaints regarding poor delivery service by the Rider.
6. SUSPENSION
6.1. Foody reserves the right to temporarily or permanently suspend the access of a Rider to the Foody Rider’s app, following a prior investigation subject to human oversight, in case the Rider breaches any of the obligations set out in these Terms of Service, which are all considered material clauses, and/or any applicable laws or regulations, and/or causes harm to Foody brand, reputation or business, as well as in cases that Foody has reasonable belief of fraudulent acts by the Rider concerning any aspect of this Agreement.
6.2. Foody users may leave feedback and make complaints regarding the delivery service through the Foody platform either by contacting Foody directly or by other means. Foody shall treat the complaints at its own discretion, investigate the complaint (where necessary), and decide on the further course of action in resolving the complaints. If the Rider has materially breached its obligations or Foody has received several complaints, Foody reserves the right to temporarily or permanently suspend the Rider’s access or terminate the service agreement with the Rider.
7. RECONCILIATION - CASH ORDERS
7.1. “Cash Orders” shall mean such orders of food and other products that Foody Users marked to be paid in cash.
7.2. The Rider's App includes a Wallet tab designed to facilitate the tracking of all financial transactions for Riders. This tab provides detailed information on each order's earnings and cash collected from Foody Users. It also displays the Rider’s current balance, which may be positive or negative based on their transactions.
7.3. Riders are required to maintain a minimum amount of cash, as specified by Foody, each day to facilitate cash orders.
7.4. For all orders placed by foody users to be paid in cash, the Rider will collect the order from the Vendor without making any cash transaction with the Vendor. Upon delivery of the order to the Foody User, the Rider will collect the cash payment from the User on behalf of foody.
7.5. Upon the completion of the order, a reconciliation will occur between the Rider's earnings for the delivered order and cash collected from the Foody User.
7.6. Foody is responsible for paying the fees to each Rider according to Clause 5 above, bearing in mind the balance of the Rider, whether it is positive or negative. If the balance of the Rider is positive (meaning the Rider collected more cash from Foody Users than their bi-weekly fees), no payout will be made. If the balance is negative (meaning the Rider's earnings exceed the cash collected from Foody Users), Foody will pay the difference to the Rider.
7.7. If, at the time of termination of this Agreement, the Rider holds any cash collected on behalf of Foody that has not yet been reconciled or transferred to Foody, the Rider shall return the full amount to Foody within three (3) business days of the termination date, using a payment method specified by Foody.
7.8. If the Rider does not perform any Delivery Services for a continuous period of fourteen (14) calendar days or more ("Inactivity Period"), the Rider shall be deemed inactive for the purposes of this clause. If, during or following such Inactivity Period, the Rider holds any cash collected on behalf of Foody, Foody shall notify the Rider requesting the return of such cash and the Rider will be obligated to return such cash to foody within three (3) business days of such notification, regardless of whether the Agreement has been terminated.
7.9. To avoid discrepancies between the data in the Rider's App and the cash collected from delivered orders, the Rider should not mark an order as delivered unless he/she has received the cash payment from the Foody User. In such cases, the Dispatch/Support team should be notified immediately. If a Rider marks an order as delivered without collecting the cash payment from the Foody User, Foody will consider the order to have been paid and the Rider has received the cash payment on Foody’s behalf.
8. STACKED ORDERS
8.1. The Rider might be requested to deliver stacked orders. Stacked orders are two or more orders prepared by the same or two nearby stores and delivered at around the same time to different Users.
8.2. The Rider shall handle stacked orders with efficiency and diligence, ensuring that deliveries to each foody user are completed within a reasonable time, taking into account the estimated delivery time (particularly in order to ensure food safety).
8.3. The Rider shall exercise caution and care to preserve the integrity of each stacked order, preventing any damage, spillage, or mixing of items during transportation and/or delivery and shall act in accordance with the Terms of the Agreement.
9. WARRANTIES
9.1. The Rider warrants that:
9.1.1. Has the right to reside, work and provide the agreed Services in Cyprus and maintains all necessary visas, licenses and permits allowing him to do so, during the Term of this Agreement.
9.1.2. Holds a valid driver's license which permits him/her to drive a car or motorcycle and/or any other vehicle accordingly in Cyprus, and will notify Foody immediately should this cease to be the case.
9.1.3. Has never been convicted of any criminal offense and has a clean criminal record.
9.1.4. Will comply with any Food Safety and Riders Hygiene Guidance imposed by Foody.
9.1.5. Will only carry out the Delivery Services using the vehicle declared to Foody at registration or as subsequently updated, and shall notify Foody immediately, in writing or through the Rider App, of any change of vehicle before using a different vehicle to perform the Delivery Services, to ensure the maintenance of necessary vehicle documentation.
9.2. The Rider warrants that during the course of providing the delivery service to Foody, he/she complies with all relevant laws and regulations applicable to the provision of delivery service and with all requirements imposed by Foody.
9.3. The Rider warrants that during the course of providing the delivery services to Foody, he/she will be in compliance with the requirements of any applicable anti-money laundering laws and that he/she is not subject to any international sanctions, anti-terrorism or similar laws, decrees, ordinances, orders, demands, requests, rules or requirements.
9.4. The Rider warrants that and undertakes to immediately inform Foody in writing if any of the above ceases to apply.
10. TERMINATION
10.1. The Agreement between Foody and the Rider shall commence on the Commencement Date and will continue for an indefinite period, unless terminated earlier in accordance with the below terms. The Agreement may be terminated:
10.1.1. by any Party at any time, provided that five (5) days' prior notice is given to the other Party.
10.1.2. at any time by mutual written agreement between the Parties;
10.1.3. by either Party with immediate effect upon the provision of written notice in the event of a material breach of this Agreement;
10.1.4. Notwithstanding the above, foody reserves the right to terminate the Agreement immediately and without prior notice, in the event that the Rider does not use the App or remains inactive (i.e. does not perform any Delivery Services) for a continuous period of sixty (60) calendar days or more and foody has been unable to contact the Rider, the Rider has failed to respond to the attempts made by foody to communicate, or any other objective circumstances justify the closure of the Rider's account.
10.2. Upon the termination of the Agreement for whatever reason, or at any other time, the Rider shall immediately return to Foody all information, material or property (including but not limited to delivery boxes, and any other branded or non-branded equipment provided in clause 3 above) and all copies of that material, which are in the Rider’s possession or under his/her control.
10.3. Upon termination of the Agreement, the Rider has the right to receive any due payments.
10.4. In the event that the Agreement between the Parties is terminated, the Rider undertakes to return to Foody the equipment provided in clause 3 above, no later than three (3) business days from the date of termination. If the equipment is not returned duly or in good condition (subject to normal wear and tear), Foody reserves the right to withhold the amount of the deposit from any due payments towards the Rider.
11. INDEPENDENT RIDER STATUS
11.1. The Rider acknowledges that he/she is an independent contractor/service provider and not an agent, joint venture, nor employee of Foody. The Rider shall have no authority to bind or otherwise obligate Foody in any manner, nor shall the Rider represent to anyone that it has a right to do so.
11.2. In the event that Foody suffers any loss or damage as a result of a violation of the above term, the Rider shall indemnify and hold Foody harmless from any such loss or damage.
11.3. The Parties to this Agreement shall be considered independent contractors and neither party is granted the right or authority to assume or create any obligation on behalf of or in the name of the other.
12. AMENDMENTS
12.1. Foody shall have the right to amend any section of this Agreement (“Amendments”), by providing fifteen (15) days' prior notice to the Rider either through the Rider App and/or via Tweety message and/or any other tool used by Foody or via the e-mail address provided to Foody during the registration process.
12.2. In the event that the Rider does not accept the Amendments, the Rider shall be entitled to terminate the Agreement by providing written notice to Foody within fifteen (15) days’ from receipt of the relevant notification of such Amendment. Should the Rider continue to use Foody's services after the expiry of the fifteen (15) days’ period without having provided such notice, such continued use shall constitute the Rider's unconditional acceptance of the amended terms.
12.3. In any case, the above notice period shall not apply when the Amendments are subject to a legal or regulatory obligation that requires Foody to change the Agreement or where the Amendments are needed to address an unforeseen and imminent danger related to the Services, Riders, consumers or Vendors, especially for protection purposes relating to fraud, malware, spam, data breach or any other cybersecurity risk. These Amendments will be available in the Rider App.
13. CONFIDENTIALITY
13.1. The Rider agrees not to reveal confidential information or trade secrets to any person, firm, corporation, or entity during or after the term of this Agreement. Should the Rider reveal or threaten to reveal this information, Foody shall be entitled to seek an injunction restraining the Rider from disclosing or using the same. Such right is not exclusive, and Foody may pursue any other remedies against the Rider, including the recovery of damages from the Rider.
13.2. The Rider, by accepting these Terms, acknowledges that, in the course of providing the Delivery Services, he/she may acquire specific knowledge of information that is confidential and proprietary to Foody and its affiliated entities, including without limitation, its current and planned technology, its current and planned sales, marketing and corporate strategies, strategic customers and business partners or other data. The Rider agrees to maintain confidentiality of all confidential and proprietary information of Foody and will comply with all terms and conditions of this Agreement. Such obligations shall survive any termination of this Agreement.
13.3. This clause does not apply to:
13.3.1. information which is or becomes publicly available (otherwise than as a result of a breach of this clause) or
13.3.2. the disclosure of information to the extent required to be disclosed by law or any court of competent jurisdiction, any governmental official or regulatory authority or any binding judgment, order or requirement of any other competent authority;
13.3.3. the disclosure of information to any tax authority to the extent reasonably required for the purposes of the tax affairs of the Rider; or
13.3.4. the disclosure to the Rider’s professional advisers of information reasonably required to be disclosed for any lawful purpose.
14. PERSONAL DATA
14.1. Each Party undertakes to comply with the applicable rules for the personal data, as applicable from time to time, including the General Data Protection Regulation (Regulation (EU) 2016/679 – “GDPR”), the law 125(I)/2018, the decisions, opinions and directives in force of the Office of the Commissioner for Personal Data ("DPA"), as well as of any relevant legislation (collectively referred to as “Personal Data Protection Legislation”) regarding its obligations in relation to any processing (collection, storage, sharing, etc.) of personal data that are communicated between the Parties within the framework of this Agreement depending on the purpose in which it carries out the respective processing.
14.2. In particular, for the purpose of this Agreement, the Rider provides Foody with the following personal data:
14.2.1. Contact Information (First Name, Last Name, Contact Phone, Email, ID/passport and ARC number where applicable)
14.2.2. Location Data (Home Address, Region, Postal Code)
14.2.3. Billing Details (IBAN and Bank Account Number)
14.2.4. Identity Verification Data (profile photographs, verification selfie photographs and biometric data generated through automated facial recognition).
14.3. Foody shall keep a record of such personal data and any data generated under this Agreement (such as, but not limited to, the Agreement, documents, correspondence, distribution history, platform user name) for the purpose, where applicable, of executing this Agreement, complying with its legal obligations, as well as pursuing its overriding legitimate interests. Foody processes the Rider's personal data as a Data Controller, committed to complying with its respective obligations under the Personal Data Protection Law. The Rider, as a data subject, may exercise the rights provided by the Personal Data Protection Legislation regarding the processing of his/her data by Foody (right of access, rectification, erasure, portability, restriction of processing, opposition to processing) by sending a request to gdpr@foody.com.cy.
14.4. Further information on how Foody collects, uses, stores, shares and otherwise processes the Rider’s personal data, including the purposes and legal bases for processing, applicable retention periods, recipients of the data and the Rider’s data protection rights, is available in the Rider Privacy Statement or any equivalent privacy notice made available by Foody, as updated from time to time.
14.5. In addition, Foody, by providing access to the platform, makes available to the Rider personal data of Foody Users whose processing is necessary for the provision of the Services provided herein. The user data collected by Foody and transmitted to Rider are the following:
14.5.1. Contact Information (First Name, Last Name, Contact Phone)
14.5.2. Location Data (Delivery Address, Postal Code, City, Country, Longitude, Latitude)
14.5.3. Order Products and User Feedback.
Under no circumstances may the Rider further process, store, share, copy or use in any way the Users' personal data for any other purpose than the specific and limited purpose mentioned here. All Users' personal data will remain the exclusive asset of Foody.
The Rider undertakes to process the personal data communicated to him/her by Foody in compliance with the obligations provided for in the Personal Data Protection Legislation and, in particular, the Rider must:
I. process, throughout the duration of the provision of the Services, the personal data communicated by Foody exclusively and only for the fulfillment of the purposes of this Agreement.
II. keep the personal data strictly confidential even after the termination of this Agreement;
III. notify Foody immediately of any personal data breach that comes to his/her attention;
IV. not disclose any personal data to third parties outside Foody and not transfer the data outside the EU/EEA unless Foody has given its prior written consent to do so;
V. implement the necessary technical and organizational measures to protect personal data, in particular against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access; to provide upon request relevant guarantees to Foody, which may at any time reassess them and require the necessary adjustments;
VI. Securely delete or destroy all personal data and existing copies thereof transmitted to it for the purpose of fulfilling the purpose of this Agreement.
14.6. The Rider shall be liable to compensate for the damage caused by the processing of personal data by the Rider, resulting from his/her failure to comply with the obligations of this Agreement and the Personal Data Protection legislation.
14.7. The granting of permission by the Rider to any third party to access personal data does not in any case relieve the Rider from his/her responsibilities towards Foody or its users under the law.
15. FOODY SAFETY & RIDER’S HYGIENE
15.1. The Rider is responsible for taking the necessary measures in order to ensure the highest standard of hygiene and act in accordance with any food safety laws. The Rider shall:
15.1.1. Wear appropriate, clean, and safe clothing for food transportation and road driving
15.1.2. Wear suitable, sturdy and enclosed shoes
15.1.3. Keep shoes always clean and in good condition
15.1.4. Keep all equipment, including delivery box and thermo bags, mobile devices and surfaces clean and sanitized
15.1.5. Keep the vehicle clean at all times
15.1.6. Ensure frequent maintenance of the vehicle
15.1.7. Ensure that the delivery box is properly secured and stabilized on the vehicle at all times, in a manner that keeps it upright and prevents tilting, shifting, or spillage during transport
15.1.8. Notify foody to arrange for the replacement of the delivery bag when it shows signs of wear and tear
15.1.9. Do not use the delivery bag to carry personal items, clothes or unauthorized items such as chemicals or hazardous goods, as these could contaminate the bag and the food
15.1.10. Never open food containers and always keep packaging seals intact
15.1.11. Never touch or interfere with the food
15.1.12. Abstain from providing Delivery Services in case of illness (such as sickness and/or diarrhea, infections of eyes, ears, skin or gums, skin trouble affecting hands, arms or face). Furthermore, the Rider must immediately notify Foody if required by the competent Authorities for health protocols, contact tracing, or related public health measures.
15.1.13. Attend and successfully complete any food safety and hygiene training provided by Foody, whether upon registration or on a recurring basis.
16. LICENSING, INTELLECTUAL PROPERTY RIGHTS AND DATA PROCESSING
16.1. Foody grants a revocable, non-exclusive, non-transferable, non-sublicensable license to the Rider for using the Foody platform for the purpose of providing the delivery service.
16.2. All intellectual property rights regarding the software, documentation or information used or developed by or on behalf of foody during the provision of the information technology services under this Agreement (including, but not limited to the Foody platform and Confidential Information), as well as all data and statistics about the deliveries made through the Foody platform belong to Foody. The Rider shall not copy, modify, adapt, reverse-engineer, distribute, decompile or otherwise discover the source code of the Foody platform or any other software used by Foody. Foody shall maintain the data and statistics about the deliveries for each reference period for a period of one year after the end of said reference period.
16.3. The Rider shall not use the Foody platform for unauthorised or unlawful purposes or impair or seek to impair the proper operation of the Foody platform.
17. RIDER’S INABILITY TO CONTRACT FOR FOODY
The Rider shall not have the right to make any contracts or commitments for or on behalf of Foody unless the Rider has first obtained the express written consent of Foody.
18. INDEMNIFICATION
The Rider hereby indemnifies, defends and holds Foody harmless (and its trustees, members, partners, officers, employees, agents, representatives, and affiliates) from and against any losses, liabilities, damages, causes of action, judgments, costs and expenses (including, but not limited to, reasonable legal fees and expenses) which result from Rider’s negligent or intentional breach of the Agreement or from Rider’s negligence or willful misconduct. The obligations of this clause shall survive the expiration or termination of the Agreement.
19. MISCELLANEOUS
19.1. Neither Party shall be liable for any breach of these Terms due to force majeure, as well as for any delays or failures to comply with its obligations caused by circumstances beyond its control, such as extreme weather events, earthquakes, floods, fires, emergencies, disasters, strikes within or outside the territory of the Republic of Cyprus, wars, terrorist acts, business shutdowns, pandemics, mechanical failures, and generally, any event that prevents the performance of the obligations under this Agreement.
19.2. For the purposes of these Terms, the term "Rider" shall include and apply to any individual engaged in the provision of delivery services, including but not limited to drivers, cyclists and any other means of transportation in connection with the services outlined in this Agreement. The term "Rider" shall be interpreted in a broad and inclusive manner to cover all parties involved in the execution of the services agreed upon herein.
19.3. Where versions of these Terms of Service exist in any other language, the English version shall prevail.
19.4. These Terms and any rights or claims arising out of or in connection with the Service Agreement shall be governed by the laws of the Republic of Cyprus, and in the event of any disputes arising, the Courts of the Republic of Cyprus shall have exclusive jurisdiction.
Last Updated September 2026
These Terms of Delivery Service (the “Terms”), together with the Delivery Service Agreement (the “Delivery Service Agreement”), constitute the agreement ("Agreement") between Delivery Hero (Cyprus) Ltd, with Registration No. HE369772 and registered address at 5 Esperidon Str, 5th floor, 2001 Strovolos, Nicosia (“foody” or the “Company”) and the Freelance Rider (the “Rider”) (and collectively, foody and the Rider shall be the “Parties” and each individually, “Party”).
The following Terms shall apply to all relations between foody and the Rider in the course of using the foody platform for delivery purposes. By signing up for the foody platform, the Rider agrees to the application and content of these Terms and is informed about the processing of the Rider’s personal data disclosed during registration and use of the foody platform on the conditions set out in these Terms and the Privacy Policy.
1. BACKGROUND
1.1. Foody makes available to the Vendors (i.e. restaurants, coffee shops, grocery shops, flower shops, etc.) (i) an online marketplace at www.foody.com.cy (“Website”) and the mobile application foody (“App” and together with the Website, the “Platform”), via which customers (“foody users”) can order food items, groceries and such other items and products which are offered for sale on the Platform directly from the Vendor (the “Products”) and (ii) delivery services to foody users in Cyprus.
1.2. The Rider declares that he/she has experience in providing delivery services, using his/her own means, and wishes to cooperate with foody for carrying out deliveries in accordance with the terms hereof.
2. PROVISION OF SERVICES
2.1. The subject matter of these Terms is the provision of independent delivery services (hereinafter the "Services") by the Rider to foody, consisting of the transport of consumer, food and retail products, for the fee consideration and under the terms and conditions agreed and accepted herein.
2.2. For the provision of the Services, the Rider must create a user account on the electronic tool/application managed by the foody (“Rider App”). The credentials are personalized for the Rider, who, during the term of this Agreement, will have access to the application, through which he/she will be able to indicate, at his/her own discretion, whether and when he/she is available to perform the Services. The Rider can select, using the above application, the location, days, and hours during which he/she will be available to provide the delivery Services. The Rider may, in any case, indicate his/her availability to the Company by appearing connected (online) in the application. The Rider may also unilaterally indicate predetermined hours of availability, at his/her own preference and free choice.
2.3. When the Rider indicates that he/she is available, the Company can inform him/her, through the electronic application, of its available delivery work that can be selected by the Rider.
2.4. After receiving the user account details from foody, the Rider may commence using the foody platform on the Rider’s smartphone. Foody does not provide the devices or internet connection for using the foody platform. Foody is not liable for the effective functioning of the foody platform on any device.
2.5. The Rider may provide the delivery service during all times that he/she has chosen in the foody platform. The Rider may choose the time and duration of providing the delivery service to foody. Notwithstanding the above, if a Rider selects an Order, he/she must complete its delivery before discontinuing the provision of services.
2.6. Upon the Rider logging in, Foody will notify him/her of available delivery work through the platform.
3. EQUIPMENT
3.1. Foody shall provide the Rider with a Delivery Box and/or Thermo Bags or any other necessary or available equipment foody may provide from time to time.
3.2. The Rider undertakes to maintain the equipment in a good and clean condition until it’s returned to foody. Foody reserves the right to deposit the amount of €150 (one hundred fifty euros) from the fees payable to the Rider as a security deposit to safeguard against any potential damages or loss to the equipment.
3.3. Upon the return of the equipment by the Rider, subject to inspection and verification by foody, the deposit amount of €150 (one hundred fifty euros) shall be promptly refunded to the Rider. In the event that any damage or loss to the equipment is caused due to negligence, misuse, or intentional actions, foody may withhold the appropriate amount from the deposit to cover the repair or replacement costs.
3.4. In the event of the termination of the service agreement between foody and the Rider, foody reserves the right to withhold the deposit until the equipment is returned in satisfactory condition.
3.5. Upon the termination of the service agreement, the Rider acknowledges and agrees that he/she is obligated to return the equipment to foody and the Rider shall no longer have any right to use branded equipment and/or logo or any proprietary materials associated with Foody.
3.6. The Rider shall not modify any equipment provided by foody, in order to ensure his/her personal safety, road safety, food safety, and hygiene standards during the transportation and delivery of the Products. Any unauthorized modification of the equipment is prohibited and constitutes a direct breach of these Terms. Foody reserves the right to take any remedial action it deems appropriate in response to such breach.
3.7. The Rider shall not share, transfer, or lend any branded equipment to other riders or third parties under any circumstances. Sharing or transferring branded equipment without prior express written consent of foody constitutes a breach of these Terms. Foody reserves the right to take any remedial action it deems appropriate in response to such breach.
4. RIDERS’ OBLIGATIONS
4.1. The Rider shall be responsible for providing the Delivery Services in a professional manner and in compliance with any applicable legislation regarding the Services and the delivery of food and retail products and the Company’s applicable Code of Conduct.
4.2. The Rider is solely responsible for complying with all relevant laws and regulations for operating and using the chosen means of transport (indicative and not exhaustive, licenses, insurances, etc). Upon request and subject to appropriate data protection arrangements, the Rider must provide Foody with evidence of relevant supportive documentation, if and when requested.
4.3. The Rider is solely responsible for complying with all Traffic Regulations. Foody is not liable for traffic violations or accidents sustained during the performance of the Delivery Agreement.
4.4. The Rider is responsible for ensuring that he/she is sufficiently insured in order to carry out the Delivery Services, e.g., the Rider’s insurance covers commercial use of the Rider’s vehicles and that the Rider is insured against accidents occurring in the course of carrying out the Delivery Services.
4.5. If under the applicable law, the Rider needs to be registered as a service provider, entrepreneur or as a similar entity for taxation or other purposes, the Rider is responsible for complying with relevant legal requirements for the entire period of providing the delivery services through the Foody Platform.
4.6. The Rider shall be responsible for the procurement of the equipment required for performing the Delivery Services, apart from the equipment provided by Foody (clause 3). The Rider shall own or otherwise possess the vehicle that will be used for performing the Delivery Services and shall be responsible for all expenses resulting from the use of such vehicle (e.g. fuel, insurance, maintenance expenses as well as road tax and any other applicable vehicle taxes). The Rider shall ensure that the cars, scooters or any other vehicles used by the Rider for performing the Delivery Services are registered in the territory where Delivery Services are provided and may be used to perform the Delivery Services in such territory.
4.7. The Rider is not employed by Foody and does not act as Foody’s subcontractor, but provides the delivery service to Foody as an independent contractor/service provider at all times. The Rider will ensure and be responsible for himself/herself and, where applicable, his/her employees and/or subcontractors, to comply with all the requirements for providing the delivery service, as set out in these Terms.
4.8. The Rider shall not in any circumstances use or take advantage of the information regarding the deliveries, orders or the users of the Platform for any other purpose than carrying out the Delivery Services.
4.9. The Rider shall at all times during his collaboration with Foody:
4.9.1. maintain high professional standards while interacting with Users and Vendors
4.9.2. adhere to all food hygiene regulations and personal hygiene standards
4.9.3. not open, change, modify, add or remove anything from the packaging of the Vendor and
4.9.4. promptly notify Foody of any material developments, incidents, or changes that may affect the performance of this Agreement.
4.10. The above terms are of the essence, and breach of any of them entitles Foody to terminate the agreement with immediate effect and seek damages, as well as take any other necessary legal measures deemed appropriate.
5. FEES FOR THE DELIVERY SERVICES
5.1. The Rider shall receive from foody a fee, according to the rates and the payment system which are visible to the Rider through the Rider's App or other suitable website and/or tool and/or application for this purpose.
5.2. The Rider shall be able, before accepting or rejecting (by using the reject button on the app) a particular Order, to see the specific fee offered by foody for this Order and to decide at his/her absolute free will, either to accept or not accept any order assigned to him/her through the platform.
5.3. For each order, the Rider may receive a fee which is offered by foody by taking into account various factors, including but not limited to pick-up location, drop-off location, distance and order demand.
5.4. The Rider shall be liable for any and all of its costs arising from performing the Delivery Services. Foody shall not reimburse any costs, expenses or damages arising from the performance of such services.
5.5. Foody will process and make any related payments to the Rider for the performed delivery services twice a month via transfer and/or deposit into a bank account indicated by the Rider. The relevant bank statement can serve as proof of full payment.
5.6. The Rider is solely responsible for paying tax and social security in relation to the remuneration paid pursuant to this, as well as any other similar contributions and/or deductions and/or obligations that may apply from time to time under the Laws of the Republic of Cyprus.
5.7. Further to payable fees, the Rider shall receive from Foody any tips paid online (hereinafter the “Online Tips”) from the Users of foody platform (consumers) related to the delivery service. Such Online Tips payments are received by foody via electronic means (indicatively card, PayPal, ApplePay/GooglePay) when Users order from the platform. The Online Tips shall be paid out to the Rider on a monthly basis. A report with the total amount of tips per order is visible in the Rider App.
5.8. Foody reserves the right to amend and/or modify the payment rates of paragraph 5.1 at all times; such amendments will be published as mentioned in paragraph 12.1 herein.
5.9. The Rider agrees and accepts that the Company is entitled to make deductions from the Rider’s payable fees, following a prior investigation by the competent department, in the following cases:
5.9.1. if the Delivery Services are not performed within a reasonable time due to the Rider’s fault, taking into account the estimated delivery time (particularly in order to ensure food safety),
5.9.2. if the Delivery Services fall short of the expected quality standards, such as incorrect or incomplete collection or delivery, destruction or spoilage of the product,
5.9.3. if the Delivery Services provided by the Rider give rise to complaints regarding poor delivery service by the Rider.
6. SUSPENSION
6.1. Foody reserves the right to temporarily or permanently suspend the access of a Rider to the Foody Rider’s app, following a prior investigation subject to human oversight, in case the Rider breaches any of the obligations set out in these Terms of Service, which are all considered material clauses, and/or any applicable laws or regulations, and/or causes harm to Foody brand, reputation or business, as well as in cases that Foody has reasonable belief of fraudulent acts by the Rider concerning any aspect of this Agreement.
6.2. Foody users may leave feedback and make complaints regarding the delivery service through the Foody platform either by contacting Foody directly or by other means. Foody shall treat the complaints at its own discretion, investigate the complaint (where necessary), and decide on the further course of action in resolving the complaints. If the Rider has materially breached its obligations or Foody has received several complaints, Foody reserves the right to temporarily or permanently suspend the Rider’s access or terminate the service agreement with the Rider.
7. RECONCILIATION - CASH ORDERS
7.1. “Cash Orders” shall mean such orders of food and other products that Foody Users marked to be paid in cash.
7.2. The Rider's App includes a Wallet tab designed to facilitate the tracking of all financial transactions for Riders. This tab provides detailed information on each order's earnings and cash collected from Foody Users. It also displays the Rider’s current balance, which may be positive or negative based on their transactions.
7.3. Riders are required to maintain a minimum amount of cash, as specified by Foody, each day to facilitate cash orders.
7.4. For all orders placed by foody users to be paid in cash, the Rider will collect the order from the Vendor without making any cash transaction with the Vendor. Upon delivery of the order to the Foody User, the Rider will collect the cash payment from the User on behalf of foody.
7.5. Upon the completion of the order, a reconciliation will occur between the Rider's earnings for the delivered order and cash collected from the Foody User.
7.6. Foody is responsible for paying the fees to each Rider according to Clause 5 above, bearing in mind the balance of the Rider, whether it is positive or negative. If the balance of the Rider is positive (meaning the Rider collected more cash from Foody Users than their bi-weekly fees), no payout will be made. If the balance is negative (meaning the Rider's earnings exceed the cash collected from Foody Users), Foody will pay the difference to the Rider.
7.7. If, at the time of termination of this Agreement, the Rider holds any cash collected on behalf of Foody that has not yet been reconciled or transferred to Foody, the Rider shall return the full amount to Foody within three (3) business days of the termination date, using a payment method specified by Foody.
7.8. If the Rider does not perform any Delivery Services for a continuous period of fourteen (14) calendar days or more ("Inactivity Period"), the Rider shall be deemed inactive for the purposes of this clause. If, during or following such Inactivity Period, the Rider holds any cash collected on behalf of Foody, Foody shall notify the Rider requesting the return of such cash and the Rider will be obligated to return such cash to foody within three (3) business days of such notification, regardless of whether the Agreement has been terminated.
7.9. To avoid discrepancies between the data in the Rider's App and the cash collected from delivered orders, the Rider should not mark an order as delivered unless he/she has received the cash payment from the Foody User. In such cases, the Dispatch/Support team should be notified immediately. If a Rider marks an order as delivered without collecting the cash payment from the Foody User, Foody will consider the order to have been paid and the Rider has received the cash payment on Foody’s behalf.
8. STACKED ORDERS
8.1. The Rider might be requested to deliver stacked orders. Stacked orders are two or more orders prepared by the same or two nearby stores and delivered at around the same time to different Users.
8.2. The Rider shall handle stacked orders with efficiency and diligence, ensuring that deliveries to each foody user are completed within a reasonable time, taking into account the estimated delivery time (particularly in order to ensure food safety).
8.3. The Rider shall exercise caution and care to preserve the integrity of each stacked order, preventing any damage, spillage, or mixing of items during transportation and/or delivery and shall act in accordance with the Terms of the Agreement.
9. WARRANTIES
9.1. The Rider warrants that:
9.1.1. Has the right to reside, work and provide the agreed Services in Cyprus and maintains all necessary visas, licenses and permits allowing him to do so, during the Term of this Agreement.
9.1.2. Holds a valid driver's license which permits him/her to drive a car or motorcycle and/or any other vehicle accordingly in Cyprus, and will notify Foody immediately should this cease to be the case.
9.1.3. Has never been convicted of any criminal offense and has a clean criminal record.
9.1.4. Will comply with any Food Safety and Riders Hygiene Guidance imposed by Foody.
9.1.5. Will only carry out the Delivery Services using the vehicle declared to Foody at registration or as subsequently updated, and shall notify Foody immediately, in writing or through the Rider App, of any change of vehicle before using a different vehicle to perform the Delivery Services, to ensure the maintenance of necessary vehicle documentation.
9.2. The Rider warrants that during the course of providing the delivery service to Foody, he/she complies with all relevant laws and regulations applicable to the provision of delivery service and with all requirements imposed by Foody.
9.3. The Rider warrants that during the course of providing the delivery services to Foody, he/she will be in compliance with the requirements of any applicable anti-money laundering laws and that he/she is not subject to any international sanctions, anti-terrorism or similar laws, decrees, ordinances, orders, demands, requests, rules or requirements.
9.4. The Rider warrants that and undertakes to immediately inform Foody in writing if any of the above ceases to apply.
10. TERMINATION
10.1. The Agreement between Foody and the Rider shall commence on the Commencement Date and will continue for an indefinite period, unless terminated earlier in accordance with the below terms. The Agreement may be terminated:
10.1.1. by any Party at any time, provided that five (5) days' prior notice is given to the other Party.
10.1.2. at any time by mutual written agreement between the Parties;
10.1.3. by either Party with immediate effect upon the provision of written notice in the event of a material breach of this Agreement;
10.1.4. Notwithstanding the above, foody reserves the right to terminate the Agreement immediately and without prior notice, in the event that the Rider does not use the App or remains inactive (i.e. does not perform any Delivery Services) for a continuous period of sixty (60) calendar days or more and foody has been unable to contact the Rider, the Rider has failed to respond to the attempts made by foody to communicate, or any other objective circumstances justify the closure of the Rider's account.
10.2. Upon the termination of the Agreement for whatever reason, or at any other time, the Rider shall immediately return to Foody all information, material or property (including but not limited to delivery boxes, and any other branded or non-branded equipment provided in clause 3 above) and all copies of that material, which are in the Rider’s possession or under his/her control.
10.3. Upon termination of the Agreement, the Rider has the right to receive any due payments.
10.4. In the event that the Agreement between the Parties is terminated, the Rider undertakes to return to Foody the equipment provided in clause 3 above, no later than three (3) business days from the date of termination. If the equipment is not returned duly or in good condition (subject to normal wear and tear), Foody reserves the right to withhold the amount of the deposit from any due payments towards the Rider.
11. INDEPENDENT RIDER STATUS
11.1. The Rider acknowledges that he/she is an independent contractor/service provider and not an agent, joint venture, nor employee of Foody. The Rider shall have no authority to bind or otherwise obligate Foody in any manner, nor shall the Rider represent to anyone that it has a right to do so.
11.2. In the event that Foody suffers any loss or damage as a result of a violation of the above term, the Rider shall indemnify and hold Foody harmless from any such loss or damage.
11.3. The Parties to this Agreement shall be considered independent contractors and neither party is granted the right or authority to assume or create any obligation on behalf of or in the name of the other.
12. AMENDMENTS
12.1. Foody shall have the right to amend any section of this Agreement (“Amendments”), by providing fifteen (15) days' prior notice to the Rider either through the Rider App and/or via Tweety message and/or any other tool used by Foody or via the e-mail address provided to Foody during the registration process.
12.2. In the event that the Rider does not accept the Amendments, the Rider shall be entitled to terminate the Agreement by providing written notice to Foody within fifteen (15) days’ from receipt of the relevant notification of such Amendment. Should the Rider continue to use Foody's services after the expiry of the fifteen (15) days’ period without having provided such notice, such continued use shall constitute the Rider's unconditional acceptance of the amended terms.
12.3. In any case, the above notice period shall not apply when the Amendments are subject to a legal or regulatory obligation that requires Foody to change the Agreement or where the Amendments are needed to address an unforeseen and imminent danger related to the Services, Riders, consumers or Vendors, especially for protection purposes relating to fraud, malware, spam, data breach or any other cybersecurity risk. These Amendments will be available in the Rider App.
13. CONFIDENTIALITY
13.1. The Rider agrees not to reveal confidential information or trade secrets to any person, firm, corporation, or entity during or after the term of this Agreement. Should the Rider reveal or threaten to reveal this information, Foody shall be entitled to seek an injunction restraining the Rider from disclosing or using the same. Such right is not exclusive, and Foody may pursue any other remedies against the Rider, including the recovery of damages from the Rider.
13.2. The Rider, by accepting these Terms, acknowledges that, in the course of providing the Delivery Services, he/she may acquire specific knowledge of information that is confidential and proprietary to Foody and its affiliated entities, including without limitation, its current and planned technology, its current and planned sales, marketing and corporate strategies, strategic customers and business partners or other data. The Rider agrees to maintain confidentiality of all confidential and proprietary information of Foody and will comply with all terms and conditions of this Agreement. Such obligations shall survive any termination of this Agreement.
13.3. This clause does not apply to:
13.3.1. information which is or becomes publicly available (otherwise than as a result of a breach of this clause) or
13.3.2. the disclosure of information to the extent required to be disclosed by law or any court of competent jurisdiction, any governmental official or regulatory authority or any binding judgment, order or requirement of any other competent authority;
13.3.3. the disclosure of information to any tax authority to the extent reasonably required for the purposes of the tax affairs of the Rider; or
13.3.4. the disclosure to the Rider’s professional advisers of information reasonably required to be disclosed for any lawful purpose.
14. PERSONAL DATA
14.1. Each Party undertakes to comply with the applicable rules for the personal data, as applicable from time to time, including the General Data Protection Regulation (Regulation (EU) 2016/679 – “GDPR”), the law 125(I)/2018, the decisions, opinions and directives in force of the Office of the Commissioner for Personal Data ("DPA"), as well as of any relevant legislation (collectively referred to as “Personal Data Protection Legislation”) regarding its obligations in relation to any processing (collection, storage, sharing, etc.) of personal data that are communicated between the Parties within the framework of this Agreement depending on the purpose in which it carries out the respective processing.
14.2. In particular, for the purpose of this Agreement, the Rider provides Foody with the following personal data:
14.2.1. Contact Information (First Name, Last Name, Contact Phone, Email, ID/passport and ARC number where applicable)
14.2.2. Location Data (Home Address, Region, Postal Code)
14.2.3. Billing Details (IBAN and Bank Account Number)
14.2.4. Identity Verification Data (profile photographs, verification selfie photographs and biometric data generated through automated facial recognition).
14.3. Foody shall keep a record of such personal data and any data generated under this Agreement (such as, but not limited to, the Agreement, documents, correspondence, distribution history, platform user name) for the purpose, where applicable, of executing this Agreement, complying with its legal obligations, as well as pursuing its overriding legitimate interests. Foody processes the Rider's personal data as a Data Controller, committed to complying with its respective obligations under the Personal Data Protection Law. The Rider, as a data subject, may exercise the rights provided by the Personal Data Protection Legislation regarding the processing of his/her data by Foody (right of access, rectification, erasure, portability, restriction of processing, opposition to processing) by sending a request to gdpr@foody.com.cy.
14.4. Further information on how Foody collects, uses, stores, shares and otherwise processes the Rider’s personal data, including the purposes and legal bases for processing, applicable retention periods, recipients of the data and the Rider’s data protection rights, is available in the Rider Privacy Statement or any equivalent privacy notice made available by Foody, as updated from time to time.
14.5. In addition, Foody, by providing access to the platform, makes available to the Rider personal data of Foody Users whose processing is necessary for the provision of the Services provided herein. The user data collected by Foody and transmitted to Rider are the following:
14.5.1. Contact Information (First Name, Last Name, Contact Phone)
14.5.2. Location Data (Delivery Address, Postal Code, City, Country, Longitude, Latitude)
14.5.3. Order Products and User Feedback.
Under no circumstances may the Rider further process, store, share, copy or use in any way the Users' personal data for any other purpose than the specific and limited purpose mentioned here. All Users' personal data will remain the exclusive asset of Foody.
The Rider undertakes to process the personal data communicated to him/her by Foody in compliance with the obligations provided for in the Personal Data Protection Legislation and, in particular, the Rider must:
I. process, throughout the duration of the provision of the Services, the personal data communicated by Foody exclusively and only for the fulfillment of the purposes of this Agreement.
II. keep the personal data strictly confidential even after the termination of this Agreement;
III. notify Foody immediately of any personal data breach that comes to his/her attention;
IV. not disclose any personal data to third parties outside Foody and not transfer the data outside the EU/EEA unless Foody has given its prior written consent to do so;
V. implement the necessary technical and organizational measures to protect personal data, in particular against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access; to provide upon request relevant guarantees to Foody, which may at any time reassess them and require the necessary adjustments;
VI. Securely delete or destroy all personal data and existing copies thereof transmitted to it for the purpose of fulfilling the purpose of this Agreement.
14.6. The Rider shall be liable to compensate for the damage caused by the processing of personal data by the Rider, resulting from his/her failure to comply with the obligations of this Agreement and the Personal Data Protection legislation.
14.7. The granting of permission by the Rider to any third party to access personal data does not in any case relieve the Rider from his/her responsibilities towards Foody or its users under the law.
15. FOODY SAFETY & RIDER’S HYGIENE
15.1. The Rider is responsible for taking the necessary measures in order to ensure the highest standard of hygiene and act in accordance with any food safety laws. The Rider shall:
15.1.1. Wear appropriate, clean, and safe clothing for food transportation and road driving
15.1.2. Wear suitable, sturdy and enclosed shoes
15.1.3. Keep shoes always clean and in good condition
15.1.4. Keep all equipment, including delivery box and thermo bags, mobile devices and surfaces clean and sanitized
15.1.5. Keep the vehicle clean at all times
15.1.6. Ensure frequent maintenance of the vehicle
15.1.7. Ensure that the delivery box is properly secured and stabilized on the vehicle at all times, in a manner that keeps it upright and prevents tilting, shifting, or spillage during transport
15.1.8. Notify foody to arrange for the replacement of the delivery bag when it shows signs of wear and tear
15.1.9. Do not use the delivery bag to carry personal items, clothes or unauthorized items such as chemicals or hazardous goods, as these could contaminate the bag and the food
15.1.10. Never open food containers and always keep packaging seals intact
15.1.11. Never touch or interfere with the food
15.1.12. Abstain from providing Delivery Services in case of illness (such as sickness and/or diarrhea, infections of eyes, ears, skin or gums, skin trouble affecting hands, arms or face). Furthermore, the Rider must immediately notify Foody if required by the competent Authorities for health protocols, contact tracing, or related public health measures.
15.1.13. Attend and successfully complete any food safety and hygiene training provided by Foody, whether upon registration or on a recurring basis.
16. LICENSING, INTELLECTUAL PROPERTY RIGHTS AND DATA PROCESSING
16.1. Foody grants a revocable, non-exclusive, non-transferable, non-sublicensable license to the Rider for using the Foody platform for the purpose of providing the delivery service.
16.2. All intellectual property rights regarding the software, documentation or information used or developed by or on behalf of foody during the provision of the information technology services under this Agreement (including, but not limited to the Foody platform and Confidential Information), as well as all data and statistics about the deliveries made through the Foody platform belong to Foody. The Rider shall not copy, modify, adapt, reverse-engineer, distribute, decompile or otherwise discover the source code of the Foody platform or any other software used by Foody. Foody shall maintain the data and statistics about the deliveries for each reference period for a period of one year after the end of said reference period.
16.3. The Rider shall not use the Foody platform for unauthorised or unlawful purposes or impair or seek to impair the proper operation of the Foody platform.
17. RIDER’S INABILITY TO CONTRACT FOR FOODY
The Rider shall not have the right to make any contracts or commitments for or on behalf of Foody unless the Rider has first obtained the express written consent of Foody.
18. INDEMNIFICATION
The Rider hereby indemnifies, defends and holds Foody harmless (and its trustees, members, partners, officers, employees, agents, representatives, and affiliates) from and against any losses, liabilities, damages, causes of action, judgments, costs and expenses (including, but not limited to, reasonable legal fees and expenses) which result from Rider’s negligent or intentional breach of the Agreement or from Rider’s negligence or willful misconduct. The obligations of this clause shall survive the expiration or termination of the Agreement.
19. MISCELLANEOUS
19.1. Neither Party shall be liable for any breach of these Terms due to force majeure, as well as for any delays or failures to comply with its obligations caused by circumstances beyond its control, such as extreme weather events, earthquakes, floods, fires, emergencies, disasters, strikes within or outside the territory of the Republic of Cyprus, wars, terrorist acts, business shutdowns, pandemics, mechanical failures, and generally, any event that prevents the performance of the obligations under this Agreement.
19.2. For the purposes of these Terms, the term "Rider" shall include and apply to any individual engaged in the provision of delivery services, including but not limited to drivers, cyclists and any other means of transportation in connection with the services outlined in this Agreement. The term "Rider" shall be interpreted in a broad and inclusive manner to cover all parties involved in the execution of the services agreed upon herein.
19.3. Where versions of these Terms of Service exist in any other language, the English version shall prevail.
19.4. These Terms and any rights or claims arising out of or in connection with the Service Agreement shall be governed by the laws of the Republic of Cyprus, and in the event of any disputes arising, the Courts of the Republic of Cyprus shall have exclusive jurisdiction.
Last Updated September 2026
| Revision Date | Significant Changes | Version |
| July 2023 | Initial Release | First |
| June 2024 | Second | |
| September 2026 | Clause 3.3 - Increase of security deposit related to the equipment. Clause 5.5. -Change in the frequency of fees payment Clause 5.9. - Company's right to make fee deductions following investigation for delays, quality issues, or complaints. Clause 7.7 - Obligation to return cash collected by the Rider upon agreement termination Clause 7.8. - Obligation to return cash collected by the Rider while in “Inactivity Period” Clause 9.1.5 - Requirement for the Rider to use only the vehicle declared at registration and obligation to inform foody before using a different vehicle. Clause 10.1.1 - Introduction of a 5-day notice period for termination without cause. Clause 10.1.4 - Addition of foody's right to terminate without notice in case of Rider inactivity. Clause 11.3 - Reaffirmation that the Parties are independent contractors and that neither party has authority to create obligations on behalf of the other. Clause 12 - Specification of the notice period applicable to Amendments and corresponding termination right for the Rider in case of non-acceptance. Clause 19.1 - Addition of a force majeure provision exempting both Parties from liability for breaches or delays |
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