Bespoke Multimedia Limited owns and operates the FOODLE User App, FOODLE Restaurant App and FOODLE Driver App, and all related consumer web and mobile sites as well as other mobile application(s), and selected other domains (collectively, know as the “Sites”). As used in this Agreement, “FOODLE,” “we,” “us,” and “our” shall mean FOODLE and BESPOKE MULTIMEDIA LIMITED.
By accessing and/or using the FOODLE Driver App, you agree to the terms and conditions of the Service Agreement. If you do not agree, please remove the application from your device and do not use the FOODLE Driver App.
FOODLE DRIVER APP
You may use the FOODLE Driver App only if you are an authorized FOODLE delivery partner (“Delivery Partner”) and solely for the purpose of fulfilling the delivery services of FOODLE and its partners.
Use of the FOODLE Driver App requires that you register and/or create a FOODLE Driver account (“Account”). To register and create an Account, you must create a unique username and strong password and provide certain personal information.
In the event of the termination of your Service Agreement, your access and rights to using the FOODLE Driver App for the purpose of fulfilling delivery orders on behalf of FOODLE and its partner restaurants will result in FOODLE immediately restricting your ability to login to or use the FOODLE Driver App at such time.
By using the FOODLE Driver App and operating as a Delivery partner you agree to:
- Provide accurate and complete information about yourself as prompted by the registration form and FOODLE Driver App profile
- Update your personal information provided and ensure that it remains accurate, current and complete.
If you provide information that is false or incomplete FOODLE has the right to block your current or future use of the FOODLE Driver Apps (or any portion thereof).
You are responsible for maintaining the security of your FOODLE Account. You agree to:
- Immediately notify FOODLE of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or information available to you through the FOODLE Driver App
- Ensure that you exit from your Account at the end of each session.
FOODLE will not be liable for any injury, loss or damages of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your FOODLE Account and/or password.
The FOODLE Driver App will allow you to:
- Indicate your availability;
- Accept or reject orders that are transmitted to you for delivery;
- Update stages of completion of the delivery process;
- Communicate with FOODLE restaurants (the “Restaurant”) and/or FOODLE users (the “User”);
- View the transaction log of your completed orders
By using the FOODLE Driver App, you acknowledge and agree that you are only permitted to use the information available on the FOODLE Driver App, including without limitation the User Data, transaction logs and other Content, solely for the purpose of fulfilling the delivery services for those orders you accept.
ALCOHOLIC BEVERAGES POLICY
As of July, 2019 FOODLE does not allow the delivery or distribution of alcoholic beverages by FOODLE Delivery Drivers or Delivery Partners. Failure to strictly adhere to this policy will result in disciplinary action, up to and including termination of your Service Agreement.
CONTENT USAGE AND LICENSE
With the exception of FOODLE User data, including without limitation names, phone numbers, email and physical addresses (“FOODLE User Data”) and Delivery Partner Data (defined below), the FOODLE Driver App and everything on it, from text to photos to videos to graphics and software, (collectively, the “Content”) are owned by or licensed to FOODLE and BESPOKE MULTIMEDIA LIMITED.
The FOODLE Driver App and the Content are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the Republic of Trinidad and Tobago. Except as otherwise indicated on the FOODLE Driver App and except for the trademarks, service marks, logos and trade names of other restaurants and companies that are displayed on the FOODLE Driver App or the Sites, all trademarks, service marks, logos, trade dress and trade names are proprietary to FOODLE, including without limitation, FOODLE and the FOODLETT.com and FOODLEDELIVERY.com trade address (URLs, domain names). Please be advised that FOODLE enforces its intellectual property rights to the fullest extent covered by the laws of the Republic of Trinidad and Tobago and other territories.
Any other use of the FOODLE Driver App and/or the Content is strictly prohibited. No Content may be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission from FOODLE and BESPOKE MULTIMEDIA LIMITED.
FOODLE reserves the right to modify, suspend, or discontinue at any time, with or without notice, the FOODLE Driver App and/or services, including but not limited to the FOODLE Driver App’s features, design, structure and functional elements and related services.
DELIVERY PARTNER DATA
By indicating your availability on the FOODLE Driver App, you will be asked to sharing your location, which FOODLE may layer with additional information including, your name, age, and mode of transportation (collectively, “Delivery Partner Data”).
FOODLE’s dispatching software uses Delivery Partner location data to coordinate order fulfillment across its network.
Orders are offered to you based on your availability, delivery demand and your location. FOODLE may also share Delivery Partner Data and contact information with its Restaurants and Users after you have been assigned an order or batch of orders for delivery.
You grant FOODLE license to use and share your Delivery Partner Data and other profile information such as any profile picture, contact information, and length of service as a Delivery Partner, in connection with FOODLE’s services, if we choose to do so, without notification to and/or approval by you.
TEXT, VOICE AND EMAIL COMMUNICATIONS
FOODLE and/or our Users and Restaurants and third-party service providers may contact you via voice, text and/or email at the phone number(s) and/or email address(es) you provided to FOODLE for the following:
- Provide notifications related to your services;
- Facilitate assignments;
- Updates to the delivery fulfillment process;
- Address delivery issues as they arise.
Please note that standard voice, data and message rates will apply for all forms of communication. Please refer to the local mobile phone carrier for more information.
PROHIBITED FOODLE DELIVERY PARTNER CONDUCT
By accessing the FOODLE Driver App, you agree to:
- Maintain strict confidentiality of User Data and transaction logs available through via FOODLE Driver App;
- Comply with all applicable laws regarding online conduct and submission of acceptable Ratings and Reviews;
- Not to deliver alcohol;
- Not to access the FOODLE Driver App or related services using a third-party’s account/registration, or attempt to impersonate another person, particularly any FOODLE Delivery Partner;
- Not to falsely report your geographic location or prevent or otherwise attempt to prevent the FOODLE Driver App from accurately reporting your geographic location;
- Not to attempt to gain unauthorized access to any part of the FOODLE Driver App and/or any related services, computer system and/or network connected to any FOODLE server;
- Not to attempt to deceive, mislead, confuse, or defraud FOODLE through any means of circumvention related to the Driver App or the delivery services you are purporting to provide;
- Not to decompile or reverse-engineer the FOODLE Driver App and/or monitor any portion of the Driver App and/or any Content on the FOODLE Driver App, unless FOODLE has given you specific permission to do so in writing;
- Not to conduct any kind of systematic retrieval of data or other content from the FOODLE Driver App;
- Not to create or compile, directly or indirectly, any collection, compilation, database or directory from the FOODLE Driver App’s content;
- Not to use the FOODLE Driver App in any manner that could damage, disable, overburden and/or impair any FOODLE server, or the network(s) connected to any FOODLE server, and/or interfere with any other Delivery Partner’s use of the FOODLE Driver App;
- Not to use any information obtained from the FOODLE Driver App or the FOODLE services (apart from sanctioned use of FOODLE services) in order to contact, advertise to, solicit, or buy or sell any products or services to any User, Restaurant or another Delivery Partner;
- Not to copy any content, including, but not limited to User Data and transaction logs, for republication in print or online;
- Not to license, sell and/or otherwise provide access to and/or use of your FOODLE Account or the FOODLE Driver App to any third party, including without limitation to build a competitive product and/or service;
- Not to harass, annoy, intimidate or threaten any FOODLE employees or agents engaged in providing any portion of FOODLE’s services;
- Not to contact any Users or Restaurants beyond what is necessary to fulfill your delivery services;
- Not to display an advertisement, or accept payment or anything of value from a third person in exchange for your performing any commercial activity on or through the FOODLE Driver App or FOODLE’s services on behalf of that person;
- Not to delete the copyright or other proprietary rights notice from any Content or any portion of the Driver App or FOODLE’s services;
- Not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
- Not to disrupt, interfere with, or otherwise harm or violate the security of the FOODLE Driver App, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Driver App or affiliated or linked sites (including those of our restaurant partners);
- Not to use the Driver App to distribute drugs or for any illegal purposes.
- Not to use profanity, obscene language, racist, sexist or derogatory comments or statements when engaging or communicating with FOODLE Users and Restaurants.
You agree that the consequences of commercial use or re-publication of User Data or Content from the FOODLE Driver App or other violations of the foregoing proscriptions are subject to the laws of the Republic of Trinidad and Tobago.
FOODLE will cooperate with local authorities to the extent required by applicable law in connection with any illegal communication using the FOODLE Driver App.
You agree to indemnify and hold harmless the Released Parties from all claims, actions, losses, judgments, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of your breach or alleged breach of any provision of this Agreement, your violation of applicable law, your use of the Driver App and/or Content (including without limitation all User Data), and/or all Uses of your User Content by FOODLE and/or any third party authorized by FOODLE.
THIRD PARTY LINKS
The FOODLE Driver App may contain links to apps and/or websites that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions (“Third Party Websites”). FOODLE is not responsible for and does not review, monitor, operate and/or control the Third Party Websites and FOODLE makes no guarantees, representations and/or warranties as to, and shall have no liability for, the content available on or through and/or the functioning of the Third Party Websites.
By providing access to Third Party Websites, FOODLE is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. Your access and/or use of the Third Party Websites, including providing information, Content and/or other content to the Third Party Websites, is entirely at your own risk.
FOODLE reserves the right to discontinue links to any Third Party Websites at any time and for any reason, without notice.
Use of the FOODLE Driver App is subject to any and all additional terms, policies, rules or guidelines applicable to FOODLE’s services or certain features of the Driver App that we may post or link to on the FOODLE Driver App (collectively, the “Additional Terms”), such as end-user license agreements, or other agreements or rules applicable to particular features, promotions or content on the FOODLE Driver App. All such Additional Terms are hereby incorporated into this Agreement by reference.
VIOLATIONS OF THE AGREEMENT
FOODLE reserves the right to seek all remedies available by law of the Republic of Trinidad and Tobago and in equity for violations of the Agreement, including without limitation the right to block access to the FOODLE Driver App from a particular device and/or IP address.
CHANGES TO THE AGREEMENT