EATZ DOCUMENTATION
Eatz Terms and Conditions for Couriers
Last updated: 8 March 2024
These terms apply to couriers who use the Eatz platform.
1. General Conditions
1.1 These Terms and Conditions govern the provision of technology services by EATZ, represented by Eatz, Lda, tax number 519611152, located at Rua Luis de Camões, 161 1esq - Maia, Portugal. The User (Courier) must register on the platform and is subject to these Terms and Conditions for the provision of services, which prevail in the event of conflict. These Terms and Conditions and their annexes form a single document.
2. Jurisdiction
These Terms and Conditions and any resulting disputes are governed by the laws of the country in which EATZ operates. The local courts have exclusive jurisdiction, without prejudice to EATZ’s right to bring proceedings in other jurisdictions.
2.1 Acceptance
To use EATZ Services, the Courier must accept these Terms and Conditions and the Privacy Policy, and carry out the activity under a direct contract or through a logistics company (fleet operator), with weekly or otherwise appropriate invoicing.
2.2 Amendments
EATZ may unilaterally amend these Terms and Conditions, with changes taking effect upon publication on the website. Significant changes will be communicated in due course. Continued access after changes implies consent.
3. EATZ Technology Services
3.1 Service Options
When registering as a Courier User on the EATZ Platform, these Terms and Conditions govern all Technology Services offered by EATZ.
Services included in the Platform Usage Fee:
- Access to the platform to offer delivery services voluntarily and flexibly.
- Insurance coverage while connected to the Platform.
- Technical support while connected.
- Management and facilitation of collection and payment services.
- Acquisition and/or use of necessary materials.
Services included in the activation fee (if applicable)
- Creation of the courier profile on the EATZ platform.
- Acquisition and/or use of necessary materials.
3.2 Promotional campaigns
EATZ may periodically offer promotions or reduced EATZ Fees in collaboration with partner merchants. Eligibility and the conditions of these promotions are subject to EATZ’s decision and may be withdrawn or changed without prior notice.
By accepting a Promotion, the Courier agrees to use it lawfully and in accordance with the terms established by EATZ. EATZ reserves the right to withhold benefits in cases of misuse.
3.3 Information
To improve the Courier’s experience, EATZ may provide non-binding information through dashboards or informational communications. EATZ accepts no responsibility for how this information is used.
3.4 Interruptions
EATZ is not responsible for force majeure events such as power cuts, service interruptions or decisions by authorities. It may temporarily restrict access to the EATZ Platform for capacity, security or maintenance reasons, notifying Users of relevant changes.
4. Use of EATZ Technology Services
4.1 The User
By accepting these Terms and Conditions, you become a User of the EATZ application and may connect to the Platform flexibly. You may act as an Independent Courier User or as a Courier for a logistics services company. EATZ does not control the actions of the service provider.
4.2 Termination of Services
Before the Services are terminated, the Parties undertake to settle any outstanding obligations. Termination may occur for several reasons, including a breach of these Terms and Conditions, inability to perform, or non-compliance with ethical standards and local regulations.
5. Obligations and Restrictions
5.1 Courier User
- Register correctly and comply with local laws.
- Keep Account information accurate and up to date.
- Comply with applicable law and use the Services for legitimate purposes.
- Do not cause inconvenience, commit fraud or harm third parties.
- Meet legal, health and safety requirements.
- Be responsible for providing services and for the activities of subcontractors.
- Comply with EATZ policies and applicable law.
- EATZ may provide information to improve the Courier’s experience.
5.1.2 Tax responsibilities and changes in legal status
As an intermediary on the Platform, EATZ does not participate directly in transactions between Users. The Courier therefore assumes full responsibility for all tax obligations and charges relating to the provision of their services.
5.1.3 Business ethics and conduct standards
The Courier declares that they comply with EATZ’s Third-Party Business Ethics and Conduct Standards, which apply to all platform Users.
5.1.4 Order acceptance and related conditions
By accepting an order, the Courier acknowledges that it may involve delivery, return or provision of a service according to the address, location or description indicated by the Customer User or Merchant with whom the Courier has entered into a contract.
5.1.5 Waiting time before cancelling an order
To prevent fraud, the Courier and Customer User agree to wait fifteen minutes at the time of delivery before cancelling an order.
5.1.6 Price and quality of services
The Courier accepts that Merchants and Customer Users may request delivery services based on price and quality, following market guidance.
5.1.7 Responsibility for services provided
The Courier acknowledges being solely responsible for the outcome of the services provided and may incur additional costs related to cancellations, service breaches, inability to complete an order, compensation to other Users, among other matters.
5.1.8 Changes to pickup/delivery location
The Courier acknowledges that the pickup/delivery point shown on the Platform may vary by up to 100 metres due to inconvenience, system errors or information provided by other Users.
5.1.9 Commercial contract with the Merchant and Customer User
By accepting an order, the Courier enters into a commercial contract with the Merchant and Customer User, subject to local regulations.
5.2 Restrictions
Without prejudice to additional measures, the Courier Account may be temporarily or permanently deactivated if the Courier:
- Uses the Platform to insult, offend, threaten or assault third parties, in breach of the Code of Ethics.
- Violates the law, these Terms and Conditions or other EATZ policies.
- Engages in violent acts or conduct.
- Violates rights in the EATZ application, causing material or immaterial harm to other Users.
- Provides unverifiable identity or incorrect information to prevent fraudulent activity.
- Is involved in prohibited activities, such as delivering illegal products.
If any of these Terms and Conditions are not complied with, EATZ reserves the right to deactivate the Account, without prejudice to any legal action arising from crimes, breaches or civil damage caused.
5.3 Earnings
5.3.1 Invoicing and payments
Payment processing is subject to the Payment Processor’s terms and privacy policies. You must hold your own account, whether personal or business, with the Payment Processor. EATZ will act as an intermediary for payments between Customer Users, Merchants and Couriers.
5.3.2 EATZ payments and fees
By using EATZ Services, the User agrees to the charges associated with the services or products received. EATZ may apply standard or additional fees, or adjustments, for use of the Platform and activation of the Account Profile.
5.4 Security of EATZ Services and Platform
5.4.1 Fraud prevention and identification
To prevent fraud, proof of identity may be required. Access to the Services may be denied if such proof is not provided. EATZ reserves the right to monitor and edit the Account and may delete it or disable access if it considers that these Terms and Conditions have been breached.
5.5 Setting the price per service
The User may set the price of their services on the EATZ Platform, with suggestions from EATZ based on the market. If fraudulent price changes are identified, EATZ will take the necessary measures.
5.6 EATZ limitations and disclaimer of liability
5.6.1 Disclaimer of liability
- The exclusive remedy for problems with or dissatisfaction with EATZ Services is to uninstall the EATZ software and stop using it.
- EATZ is not responsible for third-party applications or content; relationships with those applications are governed by separate terms.
5.6.2 Liability
EATZ will not be liable for losses, damages, loss of use, data, business, profits or damage to devices. This limitation does not affect the User’s rights.
5.6.3 Partnership and transactions
These Terms and Conditions do not create a partnership or employment relationship between the parties. EATZ does not guarantee transactions between Users and is not responsible for contracts with third parties.
5.6.4 Insurance
Users may take out optional insurance. It does not replace mandatory insurance, such as vehicle insurance.
6. Licence
EATZ grants a limited licence to access and use the Applications and content related to the Services, exclusively for personal use.
7. Intellectual Property
Reverse engineering, copying or selling any part of the EATZ Platform is prohibited, and intellectual property rights must be respected.
8. Miscellaneous provisions
8.1 The parties declare that they know and undertake to comply with the laws of each country and with European law, where applicable, throughout the relationship.
8.2 In the event of subcontracting or replacement of your account, as permitted by applicable law, these Terms and Conditions may not be assigned or transferred to a third party, in whole or in part, without prior written notice to EATZ.
8.3 These Terms and Conditions and your consent to the Privacy Policies also apply if EATZ delegates or assigns data-processing activities to another company in which EATZ has a direct or indirect interest, or if any company in its Group is involved in a merger or acquisition, consolidation, change of control or corporate structure, substantial transfer of assets, reorganisation or liquidation affecting EATZ’s structure. EATZ may, at its sole discretion, transfer or assign data-processing activities and/or your consent to any affiliated company or subsidiary. EATZ also informs you that, in the event of a merger or acquisition of or by another company, your data may be transferred to the affected or interested company and your consent may be considered given to that company, without prejudice to your right to withdraw it. In that case, your relationship with EATZ and your ability to use the Platform and its Services will automatically end.
8.4 If any provision of these Terms and Conditions is found to be illegal, invalid or unenforceable, in whole or in part, under applicable law, that provision or part will be treated as not forming part of these Terms and Conditions, without affecting the legality and validity of the remaining provisions. The parties will replace the illegal, invalid or unenforceable provision with a legal, valid and enforceable provision that has, as far as possible, a similar effect, taking into account its content and purpose. These Terms and Conditions constitute the entire agreement between the parties on their subject matter and replace all previous or contemporaneous terms or commitments relating to that subject matter. In these Terms and Conditions, “include” and “including” mean “including without limitation”.
9. Data Protection Policy
9.1 Responsibility
The Courier is solely responsible for the accuracy and updating of the data provided to EATZ. The Courier must promptly notify EATZ of any changes to their personal data to ensure that the information is correct and up to date.
If the Courier provides third-party data (for example, contact information for personal references), they declare that they are authorised to share that data and that it may be processed by EATZ in accordance with these Terms and Conditions.
9.2 Cookies and similar technologies
EATZ may use cookies and similar technologies to optimise the Courier’s experience on the Platform. The Courier may adjust browser settings to reject cookies, but this may affect Platform functionality.
9.3 Changes to the Data Protection Policy
EATZ reserves the right to amend this Data Protection Policy at any time. The Courier is responsible for reviewing it regularly. Substantial changes will be communicated to the Courier.
9.4 Contact
Questions, queries or requests relating to the Data Protection Policy may be sent to EATZ’s Data Protection Officer at [email protected].
9.5 Applicable law and jurisdiction
These Terms and Conditions are governed by Portuguese law. In the event of a dispute, the parties undertake to seek a resolution in good faith. If an amicable resolution cannot be reached, any dispute will be submitted to the jurisdiction of the Portuguese courts.
These Terms and Conditions establish the principles and rules governing the relationship between EATZ and the Courier. By agreeing to and continuing to use the Platform, the Courier acknowledges and accepts these terms. EATZ reserves the right to amend these Terms and Conditions, and the Courier is responsible for reviewing them periodically to stay informed.
If the Courier does not agree with any part of these Terms and Conditions, they are advised to stop using the Platform. Continued use of the Platform after changes to these Terms and Conditions will be considered acceptance of the revised terms.