This TERMS & CONDITIONS, made as of the date set forth below by and between GOFR Courier (hereinafter the “Company” or “Us” or “We” or “GOFR Courier) and the undersigned individual (hereinafter “You” or the “Independent Contractor” or the “Courier”).
PLEASE READ AND UNDERSTAND THROUGHLY THE TERMS & CONDITIONS
The parties hereto agree as follows:
- You are hereby engaged by Us to provide delivery services (the “Services”).
- GOFR Courier may immediately terminate an Independent Contractor upon written notice to You who is the Independent Contractor. if You the Independent Contractor materially breaches its obligations under this TERMS & CONDITIONS or engages in any conduct which GOFR Courier, in its sole discretion, determines has or could have an adverse impact on GOFR Courier’s reputation or interests. GOFR Courier may terminate this agreement at any time. This can be done either by email or other written forms of communication. This TERMS & CONDITIONS is an Agreement between GOFR Courier and You an Independent Contractor. The Company shall terminate without any further action on the part of Us or You if You do not provide any Services to Us during any consecutive six (6) month period of time. You, as an Independent Contractor have no employment status at GOFR Courier and are not entitled to participate in traditional employee benefits or protections under the Employment Standards Act.
- No relationship of principal to agent, master to servant, employer to employee or franchisor to franchisee is established between the parties. You acknowledge and agree that You are responsible for payment of all permits, licenses, insurance, health benefits, workers compensation or insurance, disability benefits, employment insurance and all taxes (including without limitation, foreign, federal, state, provincial, county and local income taxes), or amounts in lieu thereof and interest thereon levied or based on amounts payable or paid to You by Us (excluding taxes on our net income) and You agree to indemnify Us fully in connection with any of the foregoing. GOFR Courier is not responsible for withholding, collecting and paying the independent contractor’s taxes nor any other payments required by the CRA.
- There is no minimum level of Services that You must provide, and You can provide the Services at such times, and during such intervals, as You alone determine. You can refuse to perform the Services at any time. You may or may not be aksed to follow any suggested routes, directions or otherwise in connection with Your performance of the Services, provided that You comply with any code(s) of conduct (the “Code(s) of Conduct”) published by the Company for its independent contractors.
- At the request of GOFR Courier, You hereby agree to provide the Company with proof that the representations and warranties set forth in Section 6 below are true and correct prior to Your performing any Services hereunder.
- You represent and warrant as follows:
– You have a valid Ontario G class Driver’s License and proof of Canadian work eligibility. Please note, if you possess a work permit it should be valid for at least 6 months or more to drive with GOFR Courier to keep its operations as efficient as possible.
– By check-marking boxes during the sign up in GOFR DRIVE, You agreed and gave permission to proceed with the scanning of your backgrounds such as criminal and driving records to complete the verification process before You start taking first orders. Please note, that the screening is made by a third-party software and it might take up to 3-7 business days to complete your background check. You will be notified by one of GOFR Courier’s representative when You are ready to take first orders.
– You have an iOS or Android smartphone with your mobile data plan and working screen and camera in order to perform the Services: iOS 9.0 or later or Android 4.1 and up is required. The app generally uses 1GB of your mobile data per month depending on your activity.
– You own or have the legal right to operate a duly registered motor vehicle in Ontario (the “Vehicle”).
– The Vehicle must be any sedan, SUV or van made after 2015. The Vehicle should be clean, in good operating condition and meets the industry safety standards for a vehicle of its kind.
– You have a valid and up to date policy of liability insurance for the Vehicle (in industry-standard coverage amounts), including any insurance that is required by applicable laws in Ontario.
– You have obtained such permits, licenses, approvals, and authority that may be required under the laws of the Territory to perform the Services. You will be solely responsible for any and all liability which results or is alleged as a result of the operation of the Vehicle including, but not limited to personal injuries, death and property damages. You will obey all local laws related to the performance of the Services and will be solely responsible for any violations of such local laws. You will keep secure and confidential any account password(s) or any identification we provide You from time to time. You will provide us with whatever proof of identity we may reasonably request. You consent to the Company’s completion of a check for records of criminal charges and convictions within or outside the Territory from time to time and agree to provide such information to GOFR Courier as may be required for such purpose.
- You have agreed, understood and provided your direct deposit information. GOFR Courier will pay You for the Services rendered in accordance with the TERMS & CONDITIONS, as follows: payments will be remitted Monday for the orders completed the previous week (Please allow up to 3 business days for processing). Please note that all such payments are inclusive of applicable sales, value-added or other taxes that may be applicable to the performance and payment of the Services from time to time, and You are solely responsible for the collection and/or remittance of such amounts. You hereby agree to indemnify and save the Company harmless from and against Your failure to collect and/or remit any such taxes in accordance with applicable law.
- You acknowledge that the products and services made available by the GOFR Courier from time to time and all rights therein are and shall remain the Company’s property or the property of the Company’s licensors. Neither this TERMS & CONDITIONS nor Your provision of the Services convey or grant to You any rights: (i) in or related to the products or services offered by the Company from time to time; or (ii) to use or reference in any manner the Company’s company names, logos, product and service names, trademarks or services marks or those of the Company’s licensors.
- You agreed and understood that during your online shifts You will be live-tracked by your customer, as well as the Company’s dispatch and admin. This is a transparent safety feature to make sure that You, the Customer and GOFR Courier are protected at all the time during your online shifts only.
- GOFR Courier will immediately suspend your account If You are accepting or accepted any outside orders placed by the registered Customers who placed the order through GOFR Courier app or desktop. Your account also will be suspended, if in the past you accepted any orders outside of GOFR Courier’s platform. You will be no longer eligible to accept any orders from GOFR Courier’s platform.
- You are not allowed to accept and transport any illegal substances, drugs, or any ammunition, explosive or chemical consignments. Dangerous Goods – are substances and articles which have been identified as hazardous for transport and present a risk to people, property and the environment. GOFR Courier does not accept Dangerous Goods as a consignment. For more information please read 2.4 paragraph in Section 2. General Terms.
- THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE COMPANY’S PRODUCTS OR SERVICES TO WHICH YOUR PROVISION OF THE SERVICES RELATES. THE COMPANY’S SERVICES AND SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. By entering into this TERMS & CONDITIONS, You agree that You shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of this TERMS & CONDITIONS or any applicable law or regulation, including any local laws or ordinances, whether or not referenced herein, or (b) Your ownership, use or operation of a motor vehicle, via the company’s Software or Services made available from time to time.
- This TERMS & CONDITIONS shall be construed and interpreted in accordance with the laws of the Province of Ontario, Canada. The parties hereto hereby irrevocably attorn to the jurisdiction of the courts in the Province of Ontario, Canada with respect to any and all issues arising from this TERMS & CONDITIONS. The Company may amend this TERMS & CONDITIONS from time to time. Amendments will be effective upon the Company posting the updated TERMS & CONDITIONS at this URL. Your continued provision of the Services after such posting constitutes your consent to be bound by this TERMS & CONDITIONS, as amended. This TERMS & CONDITIONS represents the full and final understandings between the parties, and supersedes any and all previous understandings, commitments, and TERMS & CONDITIONS, oral or written, pertaining to the Services. This TERMS & CONDITIONS and the rights granted hereunder shall not be assigned, encumbered by a security interest or otherwise transferred by You without the Company’s prior written consent.
- You, as an Independent Contractor, propose to provide one of the following services:
– On-demand Pick-Up & Delivery of items which may include: letters, parcels, bags, coats, flowers and/or miscellaneous items.
– A guaranteed commission rate of 70% per 1 order. One order consists of 2 tasks, Pick-Up & Delivery. You might get contacted by one of GOFR Courier’s representatives or dispatch for Urgent and Last Minute orders.
– You can earn an additional commission of 5% to your guaranteed rate in exchange for wearing a uniform that uses the branding of GOFR Courier or car sign that advertises the branding of GOFR Courier.
- Please refrain from smoking and/or drinking before and during your assigned tasks and your provided availability. GOFR Courier has zero-tolerance for such cases. Your account will be blocked and suspended immediately if we receive a complaint or feedback from the Customers. GOFR Courier will pay out all outstanding Earnings to that day and You will no longer be eligible to take any orders from GOFR Courier and its mobile application.
- You are an Independent Contractor and provide this on-demand courier service as a self-employed business owner. You will supply your own vehicle for the service. This includes, but is not limited to, the following: vehicle and all associated costs including gas, vehicle insurance, parking & parking tickets, repairs, and maintenance, etc.
- You will have full control of your scheduling and will provide your availability in advance. If You cannot provide services during a shift GOFR Courier will reassign your position with another delivery driver. You will not have any earnings or cancellation fees. However, highly frequent cancellations and not accepting the orders will be reviewed by GOFR Courier.
- You as an Independent Contractor should maintain an appropriate language and manners. Always act responsibly, efficiently and professionally when providing the Service. You will have the right to contact the Sender and/or Recipient to successfully complete your assigned tasks. If it happened that You have to wait more than 5 minutes from the moment You swiped Arrived, please contact dispatch immediately via our chat support so You can obtain further instructions.
- During your tasks, You will have to pick-up individual items and/or consignment batches maximum of 10 individually packaged items (which shall not exceed 50 pounds (25 KG) in total weight, or have total dimensions exceeding 20L x 20W x 20H inches. If such instance happens, please open the pick-up task in GOFR DRIVE mobile app, swipe Failed and select the appropriate reason. Also, explain the reason for the Customer of why You are not accepting the order. Any additional questions could be asked via chat support or email to [email protected]
- You cannot cancel the order when it was accepted by You. Unless, You have any Vehicle issues or the Customer cancels the order prior to your Start. Once the order is Started the Customer will not be able to cancel the order. However, if there is a need for the cancelation. Then the customer will be charged with a cancellation fee and You will have the commission rate as per paragraph 15 for the canceled order.
- This proposal for Service will begin once You click that you acknowledge this TERMS & CONDITIONS upon your sign up with GOFR Courier via GOFR DRIVE mobile app.
- The above commission rate per order is guaranteed and includes services provided during days, nights, weekends and holidays. You have the right to renegotiate all and any of the TERMS & CONDITIONS above, including the commission rate of pay at any time. You will give to GOFR Courier at least 15 days prior notice of any proposed change.
– To avoid having a costly parking ticket or create road congestion You may download GreenP mobile app to pay on the go within seconds for the parking. When You are performing pick-up and delivery tasks in highly enforced areas.
– You may message or call to the Sender or the Recipient to make your pick-up and delivery as efficient as possible before starting the Tasks. Especially, if You have a long drive ahead. You may ask the Sender or the Recipient to meet you at the front door, desk, lobby, or street if the order is in the downtown core.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS TERMS & CONDITIONS AND UNDERSTAND AND AGREE TO BE BOUND BY AND COMPLY WITH ALL OF ITS PROVISIONS. YOU ACKNOWLEDGE THAT YOU HAVE HAD REASONABLE OPPORTUNITY TO REVIEW THIS TERMS & CONDITIONS CONTAINING THE TERMS OF OUR TERMS & CONDITIONS AND HAVE HAD THE OPPORTUNITY TO CONSULT WITH INDEPENDENT LEGAL ADVISORS OF YOUR OWN CHOICE BEFORE AGREEING.