These General Terms shall apply to all relations between Dynamite Technologies OU (Tcourier network) and the Courier in the course of using the (Tcourier network) Platform, as defined below. By signing up for the (Tcourier network) Platform, the Courier agrees to the application and content of these General Terms and is informed about the processing of the Courier's personal data disclosed during registration and use of the (Tcourier network) Platform on the conditions set out in these General Terms.
Actual Delivery Cost: means the actual total cost of each delivery to be reimbursed to the Courier. The amount of the Actual Delivery Cost is calculated in accordance with Section 7.1 below
(Tcourier network) : Means Dynamite Technologies OU, Tallinn, Estonia Registry code 16196436
(Tcourier network) Eat & Drink: means the food delivery platform as the information society service that (i) enables the Business Operator to market its Meals with delivery option to Users and enter into Sales Agreements for the sale of Meals to Clients, (ii) enables the Users to place Orders of Meals with the Business Operator, enter into the Sales Agreements as Clients and arrange the delivery of the Order from a Courier and (iii) enables the Courier to offer delivery services to the Clients for the delivery of the Orders.
Client :means any User of the Tcourier network Platform that has placed an Order and enters into a Sales Agreement with the Business Operator and a Delivery Agreement with the Courier.
Confidential Information: means know-how, trade secrets and other information of a confidential nature (including, without limitation, all proprietary technical, industrial and commercial information, customers' and suppliers' data and techniques in whatever form held as well as any information regarding: (i) the business; and (ii) the contents of the Agreement
Courier : Mean Any person who has been registered in the Tcourier network as a provider of delivery service to the client with respect to meals ordered through Tcourier network.
Courier Fees : Means the delivery service related t an order, that the client pay to courier under the delivery agreement. The Courier fee id calculated in accordance with principle set out section 7
Delivery Agreement: Means the agreement between the Client and the Courier for the delivery of the Order, concluded through the Tcourier network.
Drop-Off Location: means the address indicated on the Order, where the Client wishes to receive the ordered Meal.
General Terms: means these terms and conditions applicable to the relationship between Tcourier network and the Couriers in relation to the use of the Tcourier network by the Couriers.
Meal means any ready-made meal and/or other food products or beverages that the Business Operator sells through the Tcourier network .
Minimum Order Value: means the amount determined by the Tcourier network which indicates the minimum Meal Price of a meal for which an Order can be placed through the Travel Tube.
Minimum Value Compensation: means the fee payable by Client to the Courier in accordance with Section 7.3 in order to compensate the difference between the Minimum Order Value and the Meal Price of a particular Order.
Order: means the order of a Meal that the Client has placed with the Business Operator.
Request: means a signal sent out to one or more Couriers, indicating the time and location of Order pick up.
Business: means each and every establishment through which the Business Operator conducts its business on the Tcourier network.
Business Operator: delivery-only-kitchen, gastronomy department in a grocery store or other Meal production establishment that Tcourier network has concluded an agreement with.
User: means any person that has registered a user account on the Tcourier network and uses the services of the Travel Tube Platform through that user account.
2.1. The Tcourier network enables the Client to order Meals from Business Operators and arrange the delivery of the Orders to the Client.
2.2. For the delivery of the Order, the Client enters into a Delivery Agreement directly with the Courier. The Delivery Agreement is deemed to be concluded from the moment that the Courier has accepted the Request through the Tcourier network .
2.3. By operating the Tcourier network , Tcourier network acts only as a provider of the information society service and is not a party to the Delivery Agreement. The Courier is not employed by Tcourier network and does not act as Tcourier network ’s subcontractor, but provides the delivery service to the Client as an independent contractor
2.4. By operating the Tcourier network , Tcourier network acts as the agent for the Couriers in relation to mediation of Delivery Agreements between the Couriers and the Clients. As the agent Tcourier network has been authorised by each Courier as principal to receive certain payments from the Clients and Business Operators on behalf of and/or for the benefit the Couriers and allocate the received funds between the Couriers in accordance with these General Terms
3.1. The Couriers may choose the means for providing the delivery service at their own discretion.
3.2. The Courier is solely responsible for complying with all relevant laws and regulations for operating and using the chosen means of transport (e.g. licenses, insurances, etc).
4.1. After receiving the account details from Tcourier network , the Courier may commence using the Tcourier network Platform on the Courier’s smartphone or tablet. ( Tcourier network does not provide the devices or sufficient internet connection for using the Tcourier network . Tcourier network is not liable for the effective functioning of the Tcourier network in any device).
4.2. The Courier warrants that during the course of providing the delivery service, it complies with all relevant laws and regulations applicable to the provision of delivery service to the Client and with all requirements set out in Schedule 2 (Requirements for providing delivery service).
4.3. The detailed instructions and guidelines for using the Tcourier network are set out in Schedule 3 (Instructions for using Tcourier network).
4.4. The Courier may choose the time and duration of providing the delivery service on the Tcourier network at its own discretion. Notwithstanding the above, the Courier must complete the delivery of any accepted Order before discontinuing the provision of services.
4.5. The Courier is not required to render its services personally and may at his/her free choosing use third parties as subcontractor for providing the delivery service to the Client. The Courier will ensure and be responsible that the subcontractor complies with the requirements for providing the delivery service, as set out in Schedule 2 of these General Terms. All fees earned for the deliveries made by the substitute will be credited onto the bank account of the Courier, who will distribute the fees as agreed with the subcontractor.
4.7. The Client may leave feedback and make complaints regarding the delivery service through the Tcourier network . Tcourier network shall tend to the complaints at its own discretion, investigate the complaint (where necessary) and decide on the further course of action in resolving the complaints. If the Courier has materially breached its obligations or has received several complaints, Tcourier network has the right to temporarily or permanently suspend the Courier from using the Tcourier network.
4.8. Tcourier network is entitled to change, modify or discontinue either temporarily or permanently the provision of the information society service through the Tcourier network at any given time.
5.1. The Courier has to pick up the accepted Order at the time and location indicated on the Tcourier network.
5.2. The Courier has to place the Meal, which is previously packaged by the Business, into the thermo-bag without adding or removing any packaging.
6.1. The Courier may choose the route of delivery at its own discretion, provided that the Order is delivered to the address indicated on the Tcourier network as soon as reasonably possible, taking into account the traffic and weather conditions. The Tcourier network Platform calculates a suggested route and an estimated delivery time for the delivery of the Order, which are not binding to the Courier.
6.2. The Courier may not open the packaging of the Business and has to deliver the Meal as prepared by the Business. The Courier is not allowed to change, modify, add to, remove from or temper with the Meal in any way.
6.3. The Courier has to hand over the Order to the Client at the Drop-Off Location indicated on the Tcourier network . Detailed instructions for cases where the Courier is unable to deliver the Order at the Drop-Off Location is set out in Schedule 3 (Instructions for using Tcourier network).
7.1. For each delivery the Courier will receive the Actual Delivery Cost, which is calculated by the Tcourier network in accordance with the principles of dynamic pricing, taking into account the distance and time of delivery, the traffic situation, weather conditions, and other factors.
7.2. Courier acts as an independent contractor for the Client and as part of the Actual Delivery Cost the Courier shall be entitled to a Courier Fee payable by the Client for the delivery service rendered under the Delivery Agreement. The Courier Fee is calculated by the Tcourier network Food App for each delivery.
7.3. If an Order is subject to Minimum Order Value, the Client will reimburse to the Courier the Minimum Value Compensation
7.4. Tcourier network may establish a marketing fee payable to the Couriers for participating in the marketing of Tcourier network brand.
7.5. Tcourier network has the right to establish other fees applicable to the Courier by updating these General Terms and notifying the Courier through the Tcourier network thereof.
8.1. Tcourier network , acting as an agent of the Courier, shall prepare and issue to the Client the invoice(s) for the Courier Fee and (where applicable) for the Minimum Value Compensation on behalf of the Courier and accept the Client’s payment for the invoice(s) on behalf of the Courier. The payment obligation of the Client arising from the Delivery Agreement is deemed to be fulfilled when the payment is credited onto the bank account of Tcourier network.
8.2. Tcourier network undertakes to forward all Courier Fee and (where applicable) the Minimum Value Compensation payments from the Client to the Courier’s bank account that was provided to Tcourier network by Courier.
8.3. Invoicing and payments between Tcourier network and the Courier will be made after each reference period. The reference period shall be one week.
9.1. If the Courier breaches any of the obligations set out in these General Terms, Tcourier network has the right to temporarily or permanently suspend the Courier from using the Tcourier network Platform without any obligation to compensate for the loss of profit.
9.2. Both Tcourier network and the Courier have the ordinary right to terminate this agreement by giving notice at least 14 days in advance.
9.3. Tcourier network has the right to terminate the Courier’s account without a notice period, if:
9.3.1. The Courier does not comply with the requirements set out in Schedule 2 (Requirements for providing delivery service);
9.3.2. The Courier is temporarily or permanently suspended from using the Tcourier network Platform as per Section 4.7 of the General Terms;
9.3.3. The Courier uses the Tcourier network for purposes or in a manner that is not in line with the General Terms or otherwise is cheating the system;
9.3.4. The Courier has breached Section 6.2 of the General Terms or has provided misleading information about the delivery;
9.3.5. The Courier has not provided the delivery service on the Tcourier network for a considerable period of time;
9.3.6. Termination is justified by other material grounds.
9.4. The termination of this agreement will not affect:
9.4.1. Any accrued rights of either party, including any right to receive any payments due but unpaid before the termination; or
9.4.2. Obligations, which are expressed to survive the termination.
9.5. If the Courier’s account is terminated from the Tcourier network , the Courier undertakes to return to Tcourier network the if Any Equipment provided by Tcourier network within 3 business days from the date of termination.
10.1. Tcourier network grants a revocable, non-exclusive, non-transferable, non-sublicensable license to the Courier for using the Tcourier network for the purpose of providing the delivery service.
10.2.All intellectual property rights regarding the software, documentation or information used or developed by or on behalf of Tcourier network during the provision of the information technology services under these General Terms (including, but not limited to the Tcourier network and Confidential Information), as well as all data and statistics about the Deliveries made through the Tcourier network belong to Travel Tube. The Courier shall not copy, modify, adapt, reverse-engineer, distribute, decompile or otherwise discover the source code of the Tcourier network Platform or any other software used by Tcourier network . Tcourier network shall maintain the data and statistics about the Deliveries for each reference period for a period of [one year] after the end of said reference period.
10.3. The Courier will not use the Tcourier network for unauthorised or unlawful purposes or impair or seek to impair the proper operation of the Tcourier network
11.1. During the term of the agency relations and for a period of [five years] following the expiry or termination of the agreement, Tcourier network and the Courier shall not disclose and shall maintain the confidentiality of all Confidential Information of the other party.
11.2. Confidential Information of the other party may be disclosed to third parties only subject to a prior written notice of the other party. Notwithstanding the above, Confidential Information may be disclosed to the party’s attorneys, auditors, accountants, consultants and subcontractors, provided that such persons perform their obligations in connection with the Agreement and are subject to a confidentiality clause.
12.1. The Courier has to be in compliance with the requirements of any applicable anti money laundering laws and regulations and may not use the Tcourier network for money laundering purposes. The Courier warrants that he/she is not subject to any international sanctions, anti-terrorism or similar laws, decrees, ordinances, orders, demands, requests, rules or requirements.
12.2. Tcourier network has the right to conduct reviews of the Courier’s compliance with anti money laundering rules and/or suspend the Courier from using the Tcourier network without prior notice, for the purpose of detecting fraud or any other violation thereof.
12.3. The Courier has to notify Tcourier network immediately of any circumstances that may refer to a violation of this Section 12.
13.1. The Courier is solely reliable for the performance of the Delivery Agreement and for any claims presented under the Delivery Agreement. Tcourier network is not liable for any failure or non-conformity of performing the Delivery Agreement and assumes no liability for any traffic violations or accidents sustained during the performance of the Delivery Agreement.
13.2. Tcourier network is liable for damages or loss of profit that the Courier may bear only in cases of intentional or grossly negligent breaches of these General Terms by Tcourier network.
13.3. The Courier shall indemnify, defend and hold Tcourier network harmless from and against any and all claims, suits, actions or administrative proceedings, demands, losses, damages, costs, and expenses of whatsoever nature, including attorney’s fees and expenses in respect of or resulting from the provision of the delivery services by the Courier under these General Terms.
13.4. If the Client files a claim due to the breach of the Delivery Agreement, the Courier shall release Tcourier network from all liability regarding the claim.
14.1. Where versions of the Agreement exist in any other language, the English version shall prevail.
14.2. Tcourier network reserves the right to update the General Terms any time, by notifying the Courier either through the Tcourier network or the e-mail address provided to Tcourier network.
14.3. The Courier may not assign any of the rights or obligation under these General Terms either in whole or in part.
14.4. These General Terms and any rights or claims arising out of or in connection with the Delivery Agreement shall be governed by the substantive law of the Republic of Estonia. If the respective dispute resulting from these General Terms or the Delivery Agreement could not be settled by negotiations, then the dispute will be finally solved in Harju County Court in Tallinn, Estonia.
This Data Processing Agreement is an integral part to the Agreement and shall apply to all relations that are formed between Tcourier network and the Courier in the course of using the Tcourier network and relate to processing of the personal data.
A. In the course of performance of the Delivery Agreement and use of the Tcourier network , Tcourier network and the Courier share personal data with each other as separate data controllers.
B. In case of a conflict between the Delivery Agreement and the Data Processing Agreement with regard to the processing of personal data, the Data Processing Agreement shall prevail.
1.1. The terms used in this Data Processing Agreement are used in the meaning given to them in the Agreement or in the meaning given to them in Article 4 of the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council (hereinafter the GDPR). The term “data subject” shall mean the identified or identifiable natural person who uses Tcourier network Platform and to whom the personal data shared relates.
1.2. In the meaning of GDPR, Tcourier network and the Courier shall both be data controllers with regard to the personal data processing conducted by each in the respective scope.
2.1. The Courier shall process personal data only in accordance with the applicable law, the terms and conditions of the Agreement and the terms and conditions of this Data Processing Agreement.
2.2. The Courier shall not process personal data outside the European Economic Area.
2.3. The Courier agrees to process personal data received from Tcourier network only in accordance with the data processing principles described in Part 2 herein and only for the purposes described in Part 3 herein, unless the data subject has separately authorized Courier for further processing. For the avoidance of doubt, the Courier may not use the data subject’s personal data for marketing purposes, unless the data subject has expressly stated otherwise.
2.4. The Courier shall ensure the full confidentiality of the personal data received from Tcourier network. The Courier shall ensure that access to the personal data received from Tcourier network shall be given to only those representatives of the Courier who need require it strictly in relation to the performance of their duties and that all such representatives are subject to a confidentiality obligation.
2.5. The Courier shall ensure the security of personal data for the purposes of protecting personal data from accidental or unauthorised processing, disclosure or destruction. The Courier shall inter alia procure that no physical or other copies are made of the data provided to the Courier through the Tcourier network.
2.6. Upon the termination of the Agreement, the Courier shall delete or destroy all personal data received from Tcourier network, incl. all (backup) copies of the personal data in the possession of the Courier that is received from Tcourier network, unless otherwise required under applicable laws or data subject has authorized the Courier to further processing and retention of personal data.
2.7. If the Courier uses (sub)processors, the Courier shall assume full liability for the (sub)processor’s actions.
2.8. Tcourier network has the right to check the performance of the Data Processing Agreement by the Courier at any time.
3.1. Both Parties shall ensure that personal data processing procedures carried out by each are lawful.
3.2. The Courier shall guarantee that while processing the personal data, all the data subjects’ rights according to the GDPR are guaranteed to the data subjects, including but not limited to the following rights:
3.2.1. The right of access under GDPR Article 15,
3.2.2. The right to rectification under GDPR Article 16,
3.2.3. The right to erasure (“right to be forgotten”) under GDPR Article 17,
3.2.4. The right to restriction of processing under GDPR Article 18;
3.2.5. The and right to data portability under GDPR Article 20
4.1. In case of a (suspected) personal data breach related to the personal data received from Tcourier network or an incident that is likely to escalate into a personal data breach, the Courier shall immediately notify Tcourier network thereof.
4.2. The Courier shall send the notification to Tcourier network immediately, but no later than within 24 hours of learning about the data breach.
5.1. The Courier shall assume full liability and indemnify and hold harmless Tcourier network for any and all liability, damage, administrative fines or any other claims created for Tcourier network or which any person submits against Tcourier network with regard to the Courier’s violation of the Data Processing Agreement or requirements of the applicable law.5.2. In case of a violation of any condition of the Data Processing Agreement or a requirement under the applicable law, the Courier shall compensate Tcourier network in full for any damage caused directly or indirectly by the violation, including legal expenses associated with the violation.
5.3. The Courier shall immediately notify Tcourier network if any claim or administrative fine is submitted against the Courier in relation to the Data Processing Agreement.
6.1. The Data Processing Agreement shall be valid during the term of the Agreement.
6.2. The Data Processing Agreement shall be governed by the laws of the Republic of Estonia.
1. Purpose limitation: Personal data may be processed and used only for purposes described in Part 3.
2. Data quality and proportionality: Personal data must be accurate, adequate, relevant and, where necessary, kept up to date.
3. Transparency: Data subjects must be provided with information about their collected personal data to ensure fair processing (information about the purposes of processing and transfer).
4. Security and confidentiality: Technical and organisational security measures must be taken by the data controller that are appropriate to the risks, such as against accidental or unlawful destruction, unauthorised disclosure or access.
5. Rights of access, rectification, deletion and objection :The data subjects must be provided with the personal information about them that the data controller holds. Data subjects must be able to have the personal information about them rectified, amended, or deleted where it is inaccurate or processed against these principles.
Natural persons using the Tcourier network (Clients).
Enabling the data subjects to use the Tcourier network for ordering the delivery of the ordered Meals using Couriers.
Following data disclosed about the data subject via Tcourier network :
3.1 First name and the first letter of the last name;
3.2 Phone number;
3.3 Order contents and the Order Price;
3.4 Address, where the Order is to be delivered (incl. gate codes etc, if applicable);
3.5 Any other notes made by the Client to the Courier through the Tcourier network
The data importer (Courier) agrees to delete or destroy the personal data about each data subject received from the data exporter (Tcourier network) within one month after the fulfilment of each Order, unless the data subject has separately authorized the data importer (Courier) to further processing.
No sensitive personal data is transferred.
This Schedule is an integral part of the agreement and the General Terms pertaining thereto. All capitalized terms have the same meaning as given to them in the General Terms.
1.1. The Courier is at least 18 years of age.
1.2. The Courier shall not provide the Delivery service while he/she is carrying an illness which is likely to spread and that he/she is aware of. The Courier is and will at all times during the provision of the Delivery service be, medically fit to operate the means of Delivery of its choosing. Tcourier network has the right to request the submission of a health certificate from the Courier at any time. If the Courier gives reason to assume that the Delivery would not be safe or if the Courier refuses to provide the health certificate, Tcourier network has the right to suspend the Courier’s access to the Tcourier network .
The Courier may not provide the Delivery service while under the influence of alcohol or drugs.
2.1. If under the applicable law, the Courier needs to be registered as service provider, entrepreneur or as a similar entity for taxation or other purposes, the Courier has to comply with relevant requirements for the entire period of providing the delivery service through the Tcourier network.
2.2. When the Courier joins the Tcourier network , he/she shall participate in a hygiene and health safety training and confirm that he/she has completed the training.
2.3. The Courier will not engage in reckless behaviour while driving, including by driving unsafely, operating a vehicle that is unsafe to drive, permitting an unauthorised third party to accompany the Courier in the vehicle while providing the Delivery service
2.4. The thermo-bags used for the Delivery must be clean and in good order. If a vehicle is used for the Delivery, the vehicle must also be clean and in good order.
2.5. The Courier shall make certain before each Delivery that the thermo-bag is clean and is used in a manner that ensures food and health safety and prevents the contamination of food. The Courier shall clean the thermo-bag as frequently as necessary with a cloth or swab to ensure that the thermo-bag is clean when delivering the Order.
2.6. The Courier shall clean the thermo-bag using only such products and in such manner that does not cause contamination of food or pose a risk to human health. Cleaning products and disinfectants shall be used only pursuant to the instructions prepared by the producer of such products.
2.7. The Courier shall ensure that the ordered Meal is protected against contamination by way of remaining the thermo-bag neatly sealed during the entire Delivery process. If something other than food is delivered in the same vehicle, the Courier shall ensure that the Meal is sufficiently separated in the thermo-bag to prevent contamination.
2.8. The Courier shall ensure to deliver the Order to the Client at latest within 1 hour after the Meal has been prepared by the Business.
This Schedule is an integral part of the agreement and the General Terms pertaining thereto. All capitalized terms have the same meaning as given to them in the General Terms.
1. For providing the delivery service, the Courier needs to mark itself active on the Platform by pressing “Go Online” at any time. For discontinuing the provision of the Delivery service for the day, the Courier needs to mark him- or herself inactive on the Tcourier network by pressing “Stop New Requests” at any time.
2. During the provision of the Delivery service (and at other times), the Courier is welcomed to wear Tcourier network branded clothes, if the Courier has opted to buy them.
3. When the Business Operator has accepted an Order placed by the Client, a Request is sent out to one of the nearby Couriers. The Courier may choose to accept or decline the Request.
4. The Courier may accept new Requests also before the Delivery of the previous Order is completed.
5. After picking up the Order at the Business, the Courier marks the Order as “Picked Up” on the Tcourier network .
6. After handing over the possession of the Order to the Client, the Courier marks the Order as “Delivered” on the Tcourier network .
7. If the Client fails to take possession of the Order (does not pick up the phone, does not answer the door, etc), the Courier has to contact the Client on the phone number indicated on the Tcourier network Platform on at least 3 separate occasions and stay with the Order at the Drop-Off Location during a 10 minute time frame. If the Client is still unavailable and unable to take possession of the Order, the Courier will contact Tcourier network customer service in order to authorise Tcourier network to cancel the delivery and fully charge the Client for the delivery, as well as to receive further advice regarding the Order.