These Terms and Conditions (“T&C“) set forth the terms and conditions of Divco Delivery, LLC, a Limited Liability Company (“Divco.“), requires you to abide by if you want to use or receive any services supplied by Divco (collectively, “Services“), or download, install or use any associated application which purpose is to enable you to use the Services (collectively, “Applications“). The terms and conditions stated or referenced herein constitute a legal agreement between you and Divco, LLC. By using or receiving any Services, or downloading, installing or using any Applications, you hereby expressly acknowledge and agree to be bound by the terms and conditions contained herein, and any future amendments and additions to these T&C as published from time to time at www.DivcoDelivery.com. Upon using or receiving our Services or Applications you become a “User” of Divco’s Services and Applications, whether as a “Driver” or a “Client“, as further described to as such herein. In addition to the T&C set forth herein, both Drivers and Clients are subject to and must abide by the Divco Drivers Agreement and the Divco Client Agreement. The Drivers and Client Agreements are incorporated into these T&C and made a part hereof by this reference. Divco, LLC reserves the right to modify the terms and conditions of these T&C or any of its policies relating to our Services or Applications at any time, effective upon posting of an updated version of the T&C on our website DivcoDelivery.com. You are responsible for regularly reviewing these places for any updates to the T&C. Continued use of our Services or Applications after any updates shall constitute your consent to such all changes to the T&C contained in such update. DIVCO IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE THIRD PARTY DRIVER OR VEHICLE OPERATOR TO OFFER AND PROVIDE THE PICK-UP, CARRY AND DELIVERY SERVICES, WHICH MAY BE SCHEDULED THROUGH USE OF OUR APPLICATIONS OR SERVICES. DIVCO OFFERS INFORMATION AND A METHOD TO OBTAIN THE PICK-UP, CARRY AND DELIVERY SERVICES, BUT DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER. DIVCO HAS NO RESPONSIBILITY OR LIABILITY FOR ANY PICK-UP, CARRY AND DELIVERY SERVICES PROVIDED TO YOU THROUGH OUR APPLICATIONS OR SERVICES OR FOR ANY DRIVER OR CLIENT NOT HAVING THE PROPER AUTHORITY TO ENTER INTO THE TRANSACTION. Our Services Unite Drivers and Clients Our Applications and Services make possible a connection between those individuals and/or businesses that want to contract with someone to pick-up, carry and/or deliver personal property and goods (“Clients“) and those individuals and/or businesses seeking to perform the pick-up, carrying and delivery services requested by a Client (“Drivers“). The performance of pick-up, carrying and delivery services by a Driver, the time period in which these services are performed by a Driver, as well as the item(s) of personal property and goods being picked-up, carried and/or delivered by a Driver, are collectively referred to as a “Job.” Drivers and Clients together are referred to as “Users“. Driver Screening Drivers accepting certain Jobs are required to be screened via a standard background check conducted by our chosen third-party, Checkr (CRA). The Divco Background Check Process consists of a standard background check and Motor Vehicle Record (MVR) report, and does not include a credit check. Once the Driver passes the Divco Background Check Process the Driver will become a Certified Driver. Upon registration as a Driver with the Divco App, you consent to Divco having our CRA conduct the Divco Background Check Process on you, as and when determined is our sole discretion, including when you accept a Job. In order to pass our Driver screening, Drivers must have: - A valid, active drivers license. - A minimum of one year U.S. licensing history and be at least 21 years old. - No major moving violations, such as DUIs or reckless driving, in the past seven years. - No more than three minor moving violations, such as speeding tickets or failure to obey traffic laws, in the past three years. - No cell phone or distracted driving violations in the past year. - No more than two accidents in the past three years. - A background check that does not include violent crime, felony, sexual offense, or drug-related convictions. We do not charge our Drivers for the Divco Background Check Process. The Divco Background Check Process performed on any Driver shall not be taken as confirmation that such Driver is who they claim to be. The Divco Background Check Process is conducted by Checkr and Divco has no responsibility for the accuracy or reliability of the identity or background check information or any information regarding a Driver provided through our Services or Applications. Client Screening Divco does not conduct screening or background checks on any Client for the purposes of allowing them to use our Applications or Services. Notwithstanding the above, Divco reserves the right to begin conducting such checks and screening of all Users at any time as it deems appropriate in its sole discretion, including but not limited to verification of identities, criminal and other background checks (at the Country, State and local level as we deem necessary or appropriate). Divco also reserves all rights to use such third party services to run such checks and processes as we deem appropriate in our sole discretion. By registering and using the Services or the Applications, each User consents to Divco conducting one or multiple screening process(es) and/or background check(s) on such User or other Users that Divco deems advisable or necessary, and as otherwise may be required for compliance with federal and state laws and the Fair Credit Reporting Act. Any screening or background check process is not a substitute for your good judgment when interacting with other Users. ALL INTERACTIONS BETWEEN USERS ARE AT THE USER’S RISK WHETHER OR NOT DIVCO CONDUCTS A BACKGROUND CHECK ON A USER OR ANY CATEGORY OF USER. Restrictions on Job Contents Divco Prohibited Items All Clients are prohibited from including in any Job, and all Drivers are prohibited from knowingly accepting, picking-up, carrying or delivering any Job containing the following items: - Cigarettes or any tobacco product, wine, beer or any other alcoholic beverages or any other product regulated and controlled by the United States Alcohol and Tobacco Tax and Trade Bureau (TTB); - Firearms or weapons of any kind, any firearm or weapon parts, or ammunition in any amount - Common fireworks - Replica or inert explosives or weapons that bear an appearance to actual explosives or weapons; - Any “Hazardous Material” ** not including those Hazardous Materials in small or excepted quantities as defined in 49 C.F.R.; - Any Hazardous Waste, defined as a solid waste that meets any of the criteria of the hazardous waste as described in 40 C.F.R. § 261.3 (whether or not in small or excepted quantities); - Anything illegal including, without limitation, recreational drugs and other contraband - Marijuana intended for medicinal use - Prescription Drugs and Medicines - Live animals, animal remains, animal body parts, or components thereof. - Cremated remains, human remains, fetal remains, human body parts, or components thereof. ** Hazardous Materials All Users must be aware that these T&C, and both the Divco Driver’s Agreement and the Divco Client Agreement forbid the transportation of hazardous materials (“HAZMAT”). A major problem for most folks is recognizing HAZMAT that may include common household items such as alcohol, or seemingly benign items like dry ice (solid carbon dioxide or CO₂). Stiff civil penalties (fines) of up to $175,000.00 apply to people who offer for shipment, cause to be shipped or transport HAZMAT. The penalties apply whether the transportation is by vehicle, vessel, aircraft or rail. Among the reasons for these regulations are the protection, safety and security of vehicles, vessels, aircraft and railways. Because HAZMAT is dangerous, it must be properly packaged, labeled, marked, identified and certified; it must include in the shipping papers emergency response information to assist crash, fire and rescue personnel in the event of an accident or incident; there must be provided an emergency contact telephone number in the shipping papers that must satisfy legal requirements; and there are a myriad of other things people offering for transport or transporting HAZMAT must satisfy to avoid paying massive fines. DIVCO HAS AND TAKES NO RESPONSIBILITY TO EITHER DRIVERS OR CLIENTS FOR THE INCLUSION OF ANY PROHIBITED ITEMS IN ANY JOB OR THE TRANSPORT OF ANY PROHIBITED ITEMS IN ANY JOB It is every Driver’s and Client’s duty and obligation to know and comply with all applicable federal and state laws relating to the pick-up and delivery locations of any Job and all items contained in a Job, including without limitation those laws prohibiting the transportation or shipment of certain items (including Hazardous Materials and contraband), restricting the amounts of certain items that can be shipped, and age restrictions. Divco has no liability or responsibility if a Driver or Client fails to comply with these T&C or all applicable laws with respect to the inclusion or acceptance of any items contained in a Job or during the performance of the Job. Any Driver discovering a Divco Prohibited Item in a Job shall immediately notify Divco, LLC at firstname.lastname@example.org for further direction. Divco is not responsible for the contents or loss of any Divco Prohibited Item. Divco reserves the right to dispose of any Divco Prohibited Item in its sole discretion and reserves all rights to instruct its Drivers on how to dispose of the any Divco Prohibited Item, including delivery to the proper authorities. DON’T CARRY A PACKAGED ITEM UNLESS YOU KNOW WHAT IS INSIDE! It is a Driver’s responsibility to know the contents of all items in the Job being carried. Divco Insurance Plan Divco wants you to feel confident that your Job is in good hands. The Divco Insurance Plan will reimburse the Client for loss or damage arising from theft or property damage to our Clients’ items of personal property during a Job and arising directly from a Driver’s negligence, up to a maximum of $500.00 per Job. PLEASE BE AWARE THAT NO MATTER WHAT TOTAL VALUE YOU DECLARE FOR YOUR JOB OR ANY INDIVIDUAL ITEM(S) CONTAINED IN SUCH JOB, DIVCO’s MAXIMUM REIMBURSEMENT TO YOU FOR LOSS OR DAMAGE IS $500.00. Terms and Conditions to the Divco Insurance Plan A Client’s election to obtain Protection for a Job is entirely optional. You have the option of obtaining other additional protection from an alternative source or none at all. The declared value for any Job is not insurance coverage by Divco, LLC but represents Divco, LLC’s maximum obligation to you for loss, and/or damage to all items collectively contained within a Job. Please see the Dispute Resolution provisions of these Terms & Conditions for the complete terms and conditions regarding individual binding arbitration. Divco is Not Responsible for Performance of its Drivers or its Clients Our Services and Applications enable connections between our Clients and App users to contract directly for Jobs; with that being said, although it is very important, Divco, LLC has no control over and is not responsible for the performance, actions or inactions of any Client, Driver, or App user, whether identified through our Services, our Applications, in public, private, or offline interactions, or otherwise. You acknowledge and agree that Divco, LLC does not have control over, and has no liability or responsibility for, the quality, timing, legality, suitability, reliability, timeliness, or accuracy of any Client, Driver or App user, or the failure of any User to provide the services requested or payment required therefor, or for any other aspect whatsoever of a Job nor for the integrity, responsibility or any of the actions or omissions whatsoever of any Users. You acknowledge and agree that Divco does not have control over, and has no responsibility for, any damage to the content(s) of a Job. Cancellations and No Shows Divco may suspend or deactivate your account after multiple cancellations. Negative Ratings Divco may suspend or deactivate your account at any time at our sole discretion. Loss of Items Divco may suspend or deactivate the account of a Driver at any time at our sole discretion. Fraudulent Activity, Shipments of Prohibited Items, Divco may suspend, deactivate and/or permanently terminate and delete your account if you or your account is the subject of suspected fraudulent or illegal activity or if Prohibited Items are discovered in your Job. Additionally, we may, in appropriate circumstances and at our sole discretion, suspend, deactivate or permanently terminate and delete the accounts of any User that is found to be conducting fraudulent or illegal activity. Reactivation Divco may reactivate any Driver or Client account suspended or deactivated by its sole discretion. Withholding Job Payments to Drivers Divco, LLC, in its sole discretion, may place a hold on a Driver’s Job Payment (as defined below) if Divco has any suspicion or reason to believe that a Driver or Client has breached these T&C, including, without limitation by (1) sending or accepting items on the prohibited item list; (2) using a stolen credit card or any other false information to establish an account with Divco, LLC or pay for a Job; Release of Hold and Payment Divco, LLC may release the Job Payment to a Driver upon establishing the validity of the accounts and Jobs under suspicion, in its sole discretion. Billing and Payment Users of our Services and Applications make their contracts directly with other Users. Divco is not and will not be a party to any contracts between Users. Users of our Services and Applications will be required to provide their credit card or bank account details to Divco, LLC. and the Payment Service Provider retained by Divco, LLC. Payment Processing Payment Processing services are provided by Stripe and subject to the Stripe Connected Account Agreement (available at https://stripe.com/us/connect-account/legal), which includes the Stripe Services Agreement (available at https://stripe.com/us/legal) (collectively, the “Stripe Terms”). By using the Divco Platform to receive payment proceeds, you agree to be bound by the Stripe Terms, which may be modified from time to time. As a condition of Divco enabling payment processing services through Stripe, you authorize Divco to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate your provision of Services as contemplated by the Agreement and your relationship with Divco. You further agree to provide accurate and complete information about you and your business, and authorize Divco to share it and transaction information with Stripe for the purposes of facilitating of the payment processing services provided by Stripe. Divco reserves the right to switch payment processing vendors at any time at its sole discretion. SMS Messaging All of our Users are automatically opted-in to receive SMS messaging when signing up for our Services and Applications and must agree to receive SMS messages in order to use our Services and Applications. Message and data rates may apply. If you change your mobile phone service provider all SMS messaging services from Divco, LLC may be deactivated and you will need to re-enroll in the SMS notification service. Divco, LLC reserves the right to cancel the notification service at any time. Applications and Services License Divco owns and retains ownership in the Divco Services and Applications, and all intellectual property and proprietary rights therein. Contingent upon your compliance with the terms and conditions of the T&C, Divco hereby grants to you a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the Services and Application on any Android Device that you own or control and/or any iPhone or iPod touch that you own or control and as permitted. This license does not allow you to use the Services or Applications on any Device that you do not own or control. The terms of the license will govern any upgrades provided by Divco that replace and/or supplement the Divco Platform, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. Intellectual Property Rights Ownership Divco owns all intellectual property rights in and to the Services and the Applications absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Services or Applications are the property of their respective owners. Your use of the Services or Applications gives you no right therein. Dispute Resolution You agree that any legal disputes or claims arising out of or related to these T&C, including arising out of the Divco Insurance Plan, any Driver or Client Agreement, whether such dispute or claim is related to the use of the Services and/or Applications, or the interpretation, enforceability, revocability, or validity of these T&C, or the validity of any dispute, that cannot be resolved informally shall be submitted to binding arbitration. Claims shall be brought within the time required by applicable law. You and Divco agree that any claim, action or proceeding arising out of or related to these T&C, including arising out of any Driver or Client Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. App Closure Policy It is understood by driver that keeping the Divco App open on his phone during the performance of his duties is a required responsibility for the driver. The driver acknowledges that the failure to perform this duty will result in an inaccurate calculation of distance traveled by driver and will result in a calculation that is less than the actual distance traveled by the driver. The driver acknowledges that his compensation is largely determined by the calculated distance traveled by the driver, and turning off his phone or closing the app will result in his compensation being less.
2018-11-19 21:18:30 UTC