TERMS OF SERVICEThese Terms of Service (the “Terms”) together with the Service Agreement (the
“Service Agreement”) constitute the agreement ("Agreement") between Delivery
Hero (Cyprus) Ltd, with Registration No. HE369772 and registered address at 5
Esperidon Str., 2001 Strovolos, Nicosia (“Foody”) and the Freelancer Rider (the
“Rider”) (and collectively Foody and the Rider shall be the “Parties” and each
individually, “Party”).
The below 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, groceries
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 has expressed an interest in providing delivery services to the Foody
platform with respect to Goods ordered through the Foody platform.
2.PROVISION OF SERVICES
2.1. After receiving the account details from Foody, the Rider may commence using
the Foody Platform on the Rider’s smartphone. Foody does not provide the
devices or sufficient internet connection for using the Foody platform. Foody is
not liable for the effective functioning of the Foody platform on any device.
2.2. 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, the Rider
must complete the delivery of any accepted Order before discontinuing the
provision of services.
2.3. For the purposes of the delivery services, the Rider is provided with access to
the Foody platform and other Foody applications, through which he/she will be
able to report availability to perform the Delivery Services.
2.4. By using the Foody platform, the Rider may select the hours/times during which
he/she is available to provide Delivery Services. The Rider reports availability
via the platform login. Foody may also offer pre-booking availability.2.5. Upon the login by the Rider, Foody will notify him/her of requests for orders’
delivery through the Platform.
3.EQUIPMENT
3.1. Foody shall provide the Rider with a Delivery Box and/or Thermo Bags
3.2. Foody reserves the right to deposit the amount of €90 (ninenty euros) from the
first remuneration payable to the Rider as a security deposit to safeguard
against any potential damages or loss to the equipment. The Rider undertakes
to maintain the equipment in a good and clean condition until it’s returned to
Foody.
3.3. Upon the return of the equipment by the Rider, subject to inspection and
verification by Foody, the deposit amount of €90 (ninenty euros) shall be
promptly refunded to the Rider without interest or deductions. In the event that
any damages or loss to the equipment caused due to negligence, misuse, or
intentional actions may result in Foody deducting 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 agreement, the Rider acknowledges and agrees
that he/she shall no longer have any right to use Foody’s branded equipment
and/or logo or any proprietary materials associated with Foody.
4.RIDERS’ OBLIGATIONS
4.1. The Rider shall be responsible for the Delivery Services being performed
professionally and in compliance with any applicable regulations.
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 any failure or non-conformity of performing the Delivery
Agreement and assumes no liability for any 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. Rider’s third party liability 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 to comply with relevant legal requirements for the entire
period of providing the delivery service 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 is 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 Rider. The Rider
will ensure and be responsible that itself and where relevant, its employees
and/or subcontractor, 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 the Foody:
4.9.1. devote his/her working time, attention and ability to the duties arising
from the Agreement;
4.9.2. faithfully and diligently perform those duties and exercise such powers
consistent with them as are vested in him/her;
4.9.3. act politely and in good manners
4.9.4. adhere to all food hygiene regulations and personal hygiene standards
4.9.5. follow all lawful and reasonable directions of Foody;
4.9.6. not open, change, modify, add or remove anything from the packaging
of the Vendor 4.9.7. use his/her best endeavors to promote the interests of Foody; and
4.9.8. keep Foody fully informed of the conduct by him/her of the affairs of
Foody.
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.REMUNERATION
5.1. The Rider shall receive from Foody a remuneration, according to the rates and
the payment system which are visible to the Rider through the Riders’
Application (hereinafter the “Roadrunner”) 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 remuneration fee
payable 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 shall be entitled to receive a payment rate which is
estimated by taking into account various factors, including but not limited to
pick-up fee, drop-off fee, distance and orders demand.
5.4. The Rider shall be liable for its costs arising from performing the Delivery
Services and Foody shall not reimburse any expenses or damages arising from
the performance of such services.
5.5. Foody will process and make any related payments to the Rider on a weekly
basis. The payments will be deposited by Foody into the bank account
indicated by the Rider and the relevant bank statement will serve as the sole
proof of payment. Foody reserves the right to unilaterally amend the frequency
of the payments and in this case, Foody shall notify the Rider for its intention 30
days before the change.
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 remuneration, the Rider shall receive from Foody the tips paid online
(hereinafter the “Online Tips”). The Online Tips are payments made by the
Users to the platform on behalf of the Riders either via card, PayPal, Apple Pay
and Google Pay and it’s related to the satisfaction of the delivery service. 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 Roadrunner application.
5.8. Foody reserves the right to amend and/or modify the payment rates of
paragraph 5.1.; such amendments will be published as mentioned in paragraph
12.1. herein.
6.SUSPENSION
6.1. Foody reserves the right to temporarily or permanently suspend the Rider from
using the Foody Rider’s Platform, in case the Rider breaches any of the
obligations set out in these Terms of Service, which all are being considered as
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
either 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 or either 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. For all the orders placed in cash by the Foody Users, 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. 7.4. 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. 7.5. Foody is responsible for paying the earnings 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 weekly earnings), 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.
7.6. Riders are required to maintain a minimum amount of cash, as specified by
Foody, each day to handle cash orders.
7.7. 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 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 has been paid and the Rider has received the cash
payment.
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 customers. 8.2. The Rider shall handle stacked orders with efficiency and diligence, ensuring
prompt and timely deliveries to each Foody user. 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 and work in Cyprus and have 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 the Foody immediately should this cease to be the case.
9.1.3. Has never been convicted for 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.
9.2. 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 service 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 with or without notice.
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;
10.2. 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, printouts, manuals,
reports, letters, memos, cards, keys and uniforms) and all copies of that
material, which are in the Rider’s possession or under their control.
10.3. The termination of the agreement will not affect the Rider’s 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,
within 3 business days from the date of termination. If the equipment is not
returned duly or in good condition, Foody reserves the deduct 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 Rider 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.
12.AMENDMENTS
12.1. Foody shall have the right to unilaterally amend any section of this Agreement
(“Amendments”), and shall inform the Rider of such Amendments, either
through the Roadrunner 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. Foody reserves the right to amend any terms of this agreement without prior
notice, unless a notice period is necessary for the Rider in order to make
adaptations and/or to comply with the changes. In any case, the notice period
shall not apply when the Amendments are subject to a legal or regulatory
obligation that requires Foody to change the Agreement in a manner that does
not allow it to respect the notice period or where the Amendments are needed
to address an unforeseen an imminent danger related to defending the
Services, Riders, consumers or Vendors from fraud, malware, spam, data
breached or any other cyber security risk. These Amendments will be available
in Roadrunner.
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 an injunction restraining the Rider from disclosing the same, or from
rendering any services to any entity to whom said information has been or is
threatened to be disclosed. The right to secure an injunction is not exclusive,
and Foody may pursue any other remedies it has against the Rider for a breach
or threatened breach of this condition, including the recovery of damages from
the Rider.
13.2. The Rider by his/her signing hereof acknowledges that, because of his/her
cooperation with Foody, he/she shall 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 and the organizational structure, identity, skills and interests of its
Riders. 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 between him/her and Foody. Such obligations shall surviveany 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
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)
Foody shall keep a record of such personal data and any data generated under
this contract (such as, but not limited to, the contract, documents,
correspondence, distribution history, platform user name) for the purpose,
where applicable, of executing this contract, 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. 14.3. In addition, Foody, by providing access to the platform, makes available to the
Rider personal data of Foody Users whose processing is necessary for theprovision of the Services provided herein. The user data collected by Foody and
transmitted to Rider are the following:
14.3.1. Contact Information (First Name, Last Name, Contact Phone)
14.3.2. Location Data (Delivery Address, Postal Code, City, Country,
Longitude, Latitude)
14.3.3. 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 contract.
The Rider shall be liable to compensate for the damage caused by the processing of
personal data by the Rider, because they did not comply with the obligations of this
contract and the Personal Data Protection legislation.
The granting of permission by the Rider to any third party to access personal data
does not in any case relieve the Rider from its responsibilities towards Foody or its
users under the law.
15.FOODY SAFETY & RIDER’S HYGIENE
15.1. The Rider is responsible to take 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 clean uniform 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. Replace the delivery bag when it shows signs of wear and tear
15.1.8. 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
15.1.9. Never open food containers and always keep packaging seals intact
15.1.10. Never touch or interfere with the food 15.1.11. Inform Foody immediately in case of illness (such as sickness and/or
diarrhea, infections of eyes, ears, skin or gums, skin trouble affecting
hands, arms or face).
16.LICENCING, 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 these General Terms (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 will 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 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. This Agreement is personal to the Parties hereto and may not be assigned by the
Rider to any other third person without the prior written consent of Foody.
19.2. For the purposes of this Agreement, 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 General 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 June 2024