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 Terms and conditions

I’mstarvin is a technology platform that brings together service providers including delivery drivers with merchant who are using the Service (as defined below) (the “merchant”) provided by I’mstarvin, vat number xxxxx, registered at xxxxx(address), email [email protected] (the “merchant”, “we”, “us” or “our”, as the context requires) I’mstarvin is a technology platform that does not directly provide delivery and courier services and is not a transportation and delivery driver. It is up to the merchant to accept your delivery services and it is up to you to accept their request for delivery services. The service of I’mstarvin is to link you with such merchant (the “Service”) through the use of an application supplied by I’mstarvin and download and installed by you on your single mobile device (the “Application”), but does not nor is it intended to provide delivery services or any act that can be construed in any way as an act of a delivery driver. I’mstarvin is not responsible nor liable for the acts and/or omissions of any delivery and/or any delivery services provided by you (the “Delivery Driver”). These terms and conditions (the “Driver Terms”) govern your use of our web site at http://www.imstarvin.ie (the “Website”) and your relationship with us, the Service and the Application, as well as to all information and/or services provided to you on or through the Website, the Service and the Application and usage of it indicates that you agree to enter into a contract with us (the “Contract”) and to be bound by the Driver Terms. Please read these Driver Terms carefully as they affect your rights and obligations under the Contract. If you do not agree to the Driver Terms, please do not register for or use the Service.


1. YOUR USE OF I’MSTARVIN

1.1 You can only use “I’mstarvin food-taxi” if you hold a valid Irish/EU license, road tax and insured vehicle which was submitted during the application,

1.2 You need to be an Irish citizen or Permanent Resident;

1.3 We will not permit you to join or participate (in our sole discretion) in relation to the use of Service where:

1.3.1 we have reason to believe that you do not hold a valid full irish driving license; or;

1.3.2 possess a valid Irish registered vehicle; or

1.3.3 possess a valid Irish road tax for your vehicle; or

1.3.4 possess a valid Irish insurance for your vehicle; or

1.3.5 possess a valid Irish NCT for your vehicle; or

1.3.6 we have reason to believe you are in Ireland without a valid work permit; or

1.3.7 you do not provide the required information for registration.

1.4 You warrant that:

1.4.1 All information and details provided to us (including the registration and sign up information) are accurate and true, and up to date in all respects at all times. In this regard, you are required to inform us when your driving license has been suspended, revoked or has expired. This applies to your vehicle insurance and road tax as well. You can provide us with your updated information via [email protected] and we will use our reasonable effort to respond to you within 3 working days;

1.4.2 You have all the appropriate licenses, approvals and authority to provide delivery services to Merchant, that you own or have the legal right to operate the vehicle and furthermore, that such vehicle meets all relevant safety standards and that you have a valid insurance cover and road tax for your vehicle; and

1.4.3 You will not open and inspect the Delivery Items.

1.5 You agree and acknowledge that:

1.5.1 your use of I’mstarvin grants you no rights, title or interests in relation to our intellectual property rights (including, without limitation, copyright, trademarks, logos, graphics, photographs, proprietary contents, animations, video and text or rights in and to I’mstarvin software, mobile and web applications and Website) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the I’mstarvin services in accordance with these Driver Terms;

1.5.2 you will not use I’mstarvin:

(a) for any unlawful/illegal purpose;

(b) in any way that interrupts, damages, impairs or renders I’mstarvin less efficient;

(c) to transfer files that contain viruses, Trojans or other harmful programs;

(d) to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures;

(e) to disseminate any content which is defamatory, obscene or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise;

(f) to advertise or promote third party or your own products or services (other than your services in the normal course of the use of I’mstarvin); or

(g) to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation.

1.5.3 we have limited control over the nature and content of information and chat transmitted or received by you or other users of I’mstarvin. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another user please contact us via phone, app or Website;

1.5.4 you will comply with all applicable laws and be responsible for the provision of your delivery services (including without limitation, following safety laws in relation to the use of mobile devices whilst driving, wearing high vis vest, use hot food bag to store);

1.5.5 you will guarantee , and keep us guaranteed including defending us fully against any claims, loss, damage or legal proceedings brought against us by any other person as a result of your breach of the Driver Terms;

1.5.6 in relation to the reporting information that we provide, we will use our reasonable efforts to ensure that such information is accurate in material aspect but we can’t guarantee that it will always be accurate or correct and therefore you should use your own independent judgement when acting on the basis of information provided;

1.5.7 we are not responsible for the behaviour, actions or inactions of Customers/Merchants whether or not they are I’mstarvin users. Any contract for the provision of delivery services is between you and the Merchant and not us. We simply provide a platform to introduce or link up drivers and Merchants.

1.6 The Delivery drivers shall take all reasonable pre-cautions to prevent unauthorised persons from having access to the goods, items or parcels provided by the Merchant pursuant to the Service (the “Delivery Items”) and shall also take all reasonable precautions against loss of or damage to the Delivery Items.

1.7 The Delivery drivers shall make reasonable effort to deliver the Delivery Items in accordance to the respective delivery schedules, which are estimates only and not guaranteed. Delivery drivers shall, however, not be liable (whether in contract, tort or otherwise) for any delays in effecting the Delivery Items for whatever reasons except that where a delivery request is not completed because the Delivery driver was late to reach the recipient of the Delivery Items that are not due to a Merchant’s responsibility nor circumstances outside his control, the Delivery Provider agrees to redeliver free of charge.

1.8 Subject to the Delivery Terms, the Delivery drivers shall not be liable for any loss or damage to the Delivery Item arising from or in connection with:

1.8.1 The delivery or transportation of any of the Delivery Items upon the Merchant warranting that he or she has complied with all laws and regulations relating to the nature, condition, packing, handling, storage and carriage of the Delivered Items;

1.8.2 Merchant’s failure to specify any precautions to be taken in respect of a Delivery Item as it is the responsibility of the Marchent to declare the true content of the Delivered Item and ensure proper packaging of the Delivery Item(s) to facilitate delivery. Any damaged Delivered Item caused by improper or no packaging will not be liable by us or the Delivery drivers;

1.8.3 Delivery driver’s failure to perform any of his or her obligations hereunder as a consequence of circumstances outside his or her control; and

1.8.4 Any acts or omissions of any party other than the Delivery drivers.

1.9 Delivery drivers shall not be liable for any indirect or consequential loss or damage in connection with the delivery of the Delivery Item(s).

2. CHARGES AND PAYMENT

Payment received from customer behalf Merchant (COD) will be arranged by Merchant, it is strictly maintained between delivery driver and Merchant how and what delivery driver have to pay and get paid. I’mstarvin would not be responsible for any delivery fees or customer compliant.

Our delivery service covers most Ireland residential addresses with individual eircode. Selected caravan parks, camp sites and holiday homes may be excluded, please check customer address before agreed to deliver with merchant(restaurant/retail/shop).

3. TERMINATION

We may terminate the Contract and close any account you have maintained with us by giving you 7 days’ notice in writing by email to your registered email address. We may also terminate the Contract and close your account without notice if you are in breach of any of your obligations under these Terms, if bankruptcy proceedings are brought against you or if you do not satisfy or comply with any judgment or order of any court of competent jurisdiction.

We reserve the right to suspend, restrict or terminate your access to I’mstarvin at any time without notice if we have reasonable grounds to believe you have breached any of these Driver Terms. This shall not limit or prejudice our right to take any other action against you that we consider appropriate to defend our rights or that of any other relevant person.

You may terminate the Contract at any time by simply closing your account by following the instructions on the app or Website.

4. OUR LEGAL OBLIGATIONS AND LIMITS ON OUR LIABILITY

4.1 We are not responsible for: (i) losses not caused by our breach; (ii) the actions or inactions of any customers; (iii) the actions or inactions of other drivers; (iv) indirect or consequential loss or damage, including without limitation, loss or profit, income, interest, future business or anticipated savings; or (v) failure to provide I’mstarvin or to meet any of our obligations under these Terms where such failure is due to events beyond our control (for example a network failure, spectrum exhaustion, failure of the GPS system, any failure of smart device or changes to its operating system, and other such similar event(s)).

4.2 Notwithstanding anything to the contrary in these Driver Terms, you agree that the Company’s liability in respect of any breach resulting in reasonably foreseeable loss or damage, is limited to a maximum of Euro 10.00.

5. GENERAL

5.1 We may transfer our rights or obligations or sub-contract our obligations under these Driver Terms to another legal entity without your consent. You may terminate your agreement with us at any time under the Driver Terms.

5.2 The Driver Terms are personal to you. You may not transfer your rights or obligations under the Terms to anyone else.

5.3 If any provision of the Driver Terms is found to be invalid or unenforceable in whole or in part by any tribunal, court or competent authority, the other provisions shall remain valid and continue to apply to the parties.

5.4 No person other than a party to this Contract may enforce the Contract by virtue of the Contract (Rights of Third Parties) Act, …., but this does not affect any right or remedy of the third party which exist or is available apart from that Act.

5.5 We are constantly looking for ways to improve and expand I’mstarvin. We may amend these Driver Terms from time to time in order to reflect changes to I’mstarvin in which case we will give you reasonable notice by email of any changes to these Terms. You can terminate at any time under the Driver Terms if you do not accept any revised term and conditions.

5.6 We will do our best to resolve any disputes arising from the use of the Service. If you wish to commence legal proceedings against us, you must do so by way of act/rule, which rules are deemed to be incorporated by reference in this clause. The parties agree that any arbitration commenced pursuant to this clause shall be conducted in accordance with the Expedited Procedure set out in Rule 5.2 of the ** Rules. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.

5.7 The Contract and the Driver Terms shall be governed by and construed in accordance with the laws of the Republic of Ireland.

6. Location Based Services

6.1 You acknowledge and agree that your geo-location information must be provided to the I’mstarvin via a Device(through the driver apps) in order to provide delivery Services. You acknowledge and agree that: (a) your geo-location information may be obtained by the I’mstarvin Services while the Driver App is running; and (b) the approximate location of your Vehicle will be displayed to the Merchant before and during the provision of Transportation Services to such User. In addition, Company and its Affiliates may monitor, track and share with third parties Driver’s geo-location information obtained by the Driver App and Device for safety and security purposes.

7. Taxes

7.1 You acknowledge and agree that you are required to: (a) complete all tax registration obligations and calculate and remit all tax liabilities related to your provision of Transportation Services as required by applicable law; and (b) provide Company with all relevant tax information. You further acknowledge and agree that you are responsible for taxes on your own income arising from the performance of Transportation Services. Notwithstanding anything to the contrary in this Agreement, Company may in its reasonable discretion based on applicable tax and regulatory considerations, collect and remit taxes resulting from your provision of Transportation Services and/or provide any of the relevant tax information you have provided pursuant to the foregoing requirements in this Section 7.1 directly to the applicable governmental tax authorities on your behalf or otherwise.

8. Insurance

8.1 You agree to maintain during the term of this Agreement on all Vehicles operated by you under this Agreement automobile liability insurance that provides protection against bodily injury and property damage to third parties at levels of coverage that satisfy the minimum requirements to operate a private passenger vehicle on the public roads within the Territory. This coverage must also include any no-fault coverage required by law in the Territory that may not be waived by an insured. You agree to provide Company and its Affiliates a copy of the insurance policy, policy declarations, proof of insurance identification card and proof of premium payment for the insurance policy required in this Section 8.1 upon request. Furthermore, you must provide Company with written notice of cancellation of any insurance policy required by Company. Company shall have no right to control your selection or maintenance of your policy. You must be a named insured or individually rated driver, for which a premium is charged, on the insurance policy required in this Section 8.1 at all times.

8.2 You agree to maintain during the term of this Agreement workers’ compensation insurance as required by all applicable laws in the Territory. If permitted by applicable law, you may choose to insure yourself against industrial injuries by maintaining occupational accident insurance in place of workers’ compensation insurance. Furthermore, if permitted by applicable law, you may choose not to insure yourself against industrial injuries at all, but do so at your own risk.

8.3 You understand and acknowledge that your personal automobile insurance policy may not afford liability, comprehensive, collision, medical payments, personal injury protection, uninsured motorist, underinsured motorist, or other coverage for the Transportation Services you provide pursuant to this Agreement. If you have any questions or concerns about the scope or applicability of your own insurance coverage, it is your responsibility, not that of Company, to resolve them with your insurer(s).

8.4 I’mstarvin may maintain during the term of this Agreement insurance related to your provision of Transportation Services as determined by Company in its reasonable discretion or as described in a City Addendum, provided that Company and its Affiliates are not required to provide you with any specific insurance coverage for any loss to you or your Vehicle. You are required to promptly notify Company of any accidents that occur while providing Transportation Services and to cooperate and provide all necessary information related thereto.

9. Miscellaneous:

9.1 Ownership: The I’mstarvin Services, Driver App and system Data, including all intellectual property rights therein, and the I’mstarvin Devices are and shall remain (as between you and I’mstarvin) the property of I’mstarvin, its Affiliates or their respective licensors. Neither this Agreement nor your use of the I’mstarvin Services, Driver App or I’mstarvin Data conveys or grants to you any rights in or related to the I’mstarvin Services, Driver App or I’mstarvin Data, except for the limited license granted above. Other than as specifically permitted by the I’mstarvin in connection with the I’mstarvin Services, you are not permitted to use or reference in any manner I’mstarvin’s, its Affiliates’, or their respective licensors’ company names, logos, products and service names, trademarks, service marks, trade dress, copyrights or other indicia of ownership, alone and in combination with other letters, punctuation, words, symbols and/or designs (the " I’mstarvin Marks and Names") for any commercial purposes. You agree that you will not try to register or otherwise use and/or claim ownership in any of the I’mstarvin Marks and Names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark, name or title, for any goods and services.

9.2 Mobile and Other Devices: We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.

In the event you change or deactivate your mobile telephone number or email address, you will update your account information on I’mstarvin within 24 hours to ensure that your messages are not sent to the person who acquires your old number.