Driver Agreement:
(In a nutshell...by using our platform, you agree that we are not liable for any and all shipping issues that may or may not come up.
We are merely a mediator between the shipper and the transporter.)
This Pet Delivery Solutions Or PDS Drivers Agreement is a part of Pet Delivery Solutions Terms and Conditions (“Terms”) and is incorporated therein by this reference.
By using and accessing our Platform and agreeing to provide Delivery Services to Shippers, each Driver agrees, represents, warrants, acknowledges and agrees that:
The driver is a third-party user of the Platform and is an independent contractor with respect to any and all Jobs performed and is not and shall not be deemed to be
an employee, agent or representative of Company or any Shipper with respect to any and all Jobs performed. No Services provided by Driver via the Pet Delivery Solutions Platform nor any action taken pursuant to these Terms shall create an employment relationship between Pet Delivery Solutions and Driver or Driver and any Shipper. No Driver is entitled to workers’ compensation or any employment rights or benefits from, or sponsored by, Pet Delivery Solutions or any Shipper, including, without limitation, employee, pension, health or welfare benefit plans, programs or arrangements of Pet Delivery Solutions, Shipper or their affiliates or subsidiaries.
Driver will not make any representations regarding its status as a Driver providing Delivery Services via the Pet Delivery Solutions Platform. Driver shall not have any
right to enter into any contract or commitment in the name of, or on behalf of, or to bind Pet Delivery Solutions or any Shipper in any respect whatsoever.
Driver acknowledges and agrees that Driver is free from the control and direction of Pet Delivery Solutions and any Shipper in connection with any Services performed hereunder by Driver. Driver acknowledges and agrees that Driver is only required to deliver the Job within the time specified by the Shipper and as posted in the
Platform and remains free to engage in other activities including such things as running errands and providing services to other parties in between. Driver acknowledges and agrees that any time spent by Driver looking for or offering on Jobs is not being “on-call.”
Driver is at least 18 years of age, or is 21 if such higher age is legally required to carry certain Jobs including Special Items and otherwise has all right and authority to lawfully provide the services agreed to when accepting a Job hereunder. Driver possesses a valid driver’s license and has all other required licenses, permits,
approvals and authorizations to accept and complete a Job as contracted through the Platform and will not accept such Jobs without possessing valid licenses,
permits, approvals or authorizations for the same.
Driver owns, or has the legal right to operate, the vehicle used in a Job, and has a valid policy of auto liability insurance covering any vehicle used during a Job with coverage in types and amounts required by, or consistent with, all applicable legal requirements and industry standards (including without limitation commercial auto insurance, where applicable) and is named or scheduled on the insurance policy. Unless otherwise exempt from federal regulation, pursuant to the 'casually,
occasionally, or reciprocally, but not as a regular occupation or business' exemption found under 49 U.S.C. § 13506(b)(2), Driver must be an authorized for-hire motor carrier authorized by the Federal Motor Carrier Safety Administration for interstate transportation and any applicable states for intrastate transportation. Any vehicle used during a Job shall meet all applicable industry safety standards and statutory federal DOT and state department of motor vehicle requirements, where applicable. Driver must have in his possession at all times during a Job proof of all required licenses and insurance and shall provide them to such authorities as may request. Proof of insurance and required licenses must be provided to Pet Delivery Solutions upon request.
Driver warrants that he/she has not been convicted of any criminal offense, including, but not limited to, theft, assault, dangerous driving, driving while intoxicated, or manslaughter which would prohibit Driver from entering Canada or the United States. In addition, Pet Delivery Solutions reserves the right to suspend or ban any Driver known to have allegations of animal abuse against them, or a proven history of animal abuse.
DRIVER IS SOLELY RESPONSIBLE FOR ANY AND ALL LIABILITY, WHICH RESULTS FROM OR IS ALLEGED AS A RESULT OF THE OPERATION OF THE
VEHICLE USED DURING A JOB, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURIES, DEATH AND PROPERTY DAMAGES. Driver is responsible for and
will make all necessary contacts with insurance carriers in the event of a motor vehicle accident or claims against a Driver’s insurance policy for damage or injury
during a Job.
Driver hereby authorizes Pet Delivery Solutions to perform, through an authorized third-party, a background check on Driver, and further agrees to provide any
necessary authorization to facilitate Pet Delivery Solutions access to Driver’s official driving record, references and credit information. Driver also agrees to allow Pet Delivery Solutions to perform an address verification through a third-party service. Driver is responsible for notifying Pet Delivery Solutions regarding errors in any
charges or fees applied to Driver, and Driver agrees to hold Pet Delivery Solutions harmless should error in fees or charges arise. Any claim to refund charges made in error are valid for 90 days after the charge was made, after which time Driver rescinds any claim to refunds on charges made in error.
Driver agrees to pay Pet Delivery Solutions a monthly subscription fee for access to and use of the Pet Delivery Solutions Platform and Website with the ability to
message Shippers. Drivers may access the Platform and Website in a limited capacity for free.
If required by the laws of the state in which a Driver performs Jobs, Drivers must have a standard, general inspection and needed maintenance performed on their
vehicle no less than yearly. Vehicles will not display any indication of services being performed.
Driver represents, warrants and covenants that (1) Driver is or represents a bona fide business entity; (2) Driver's access to the Pet Delivery Solutions Platform is for commercial purposes and is limited to taking commercial advantage of the Platform; (3) Driver will not permit non-registered users to use the Platform without the
express permission of Pet Delivery Solutions ; and (4) Driver will not disclose Driver's login credentials to the Platform or provide access to Driver’s account on the
Platform to non-registered users without the express written consent of Pet Delivery Solutions . (5) drivers will not disclose personal or identifying information,
encourage other Users to search for said information or disclose their own personal or identifying information, or make contact with other Users outside of the Platform unless expressly permitted by Pet Delivery Solutions, or after being accepted/hired by a said person through PetDeliverySolutions.com
Driver shall not be under the influence of any illegal drugs and/or alcohol. Driver understands that Driver’s account will be terminated upon Pet Delivery Solutions gaining knowledge of Driver performing Jobs while being under the influence of any illegal drugs and/or alcohol. If there is a credible allegation against Driver that Driver was performing Jobs while being under the influence of any illegal drugs and/or alcohol Pet Delivery Solutions may suspend or terminate such Driver’s account until
Driver can provide satisfactory evidence (in the form of a drug test or otherwise) that Driver was not under the influence. Drivers shall abide by all laws regarding talking or texting while driving.
Drivers are prohibited from accepting a Job that involves the euthanasia, end of life services or anything of the like to a live animal. Driver agrees to not participate or
agree to such transportation. Driver agrees to cover any veterinary fees or autopsy fees associated with a pet while in their care.
Driver will not discriminate or harass anyone on the basis of race, national origin, religion, gender, political beliefs, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
Driver will not collect or store the name, address, phone number or other personal or confidential information of any User or Job recipient and will not use any
personal or confidential information of any User or Job recipient except as necessary to perform and complete the performance of the Job. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE SUBJECT TO A STRICT DUTY TO MAINTAIN THE ABSOLUTE CONFIDENTIALITY OF SUCH PERSONAL INFORMATION AND YOU UNDERSTAND THAT ALL SUCH INFORMATION MUST NOT BE DISCLOSED TO ANY OTHER PERSON. You must immediately report to Pet Delivery Solutions any circumstances whereby personal data or confidential information may have been lost, stolen or otherwise disclosed in an unauthorized manner.
Driver agrees to indemnify and hold Pet Delivery Solutions, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers,
suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third-party due to or arising out of
Driver’s acts or omissions, Content that Driver posts, submits or makes available through the Platform, Driver's use of the Platform, Driver's violation of the Agreement, Driver's breach of any of the representations and warranties herein, Driver's performance [or the lack thereof] of its mandate or Driver’s violation of any rights of another.
If Driver is found to be contacting any users, defaming our business integrity, or making damaging statements regarding our business and services, Pet Delivery Solutions will hold Driver personally liable for defamation or slander and will pursue each and every legal remedy at our disposal. Pet Delivery Solutions
reserves the right to recover damages that go beyond those provided for in the Agreement or Terms.
If Driver fails to fulfill its obligations to Shippers, it will be personally liable to cover the lost booking deposit fees that the Shipper has sent us, plus additional fees Pet Delivery Solutions feels are justified, due to the damage to Pet Delivery Solutions reputation that Driver’s actions may have caused.
If Pet Delivery Solutions bans or suspends Driver from the Platform, Driver may not sign-up to the Platform using a different business name, or sign-up through a family member or associate.
Driver understands and agrees that, because damages are often difficult to quantify, if it becomes necessary for Pet Delivery Solutions to pursue legal action to
enforce any part of the Terms or Driver Agreement, Driver will be liable to pay Pet Delivery Solutions the following amounts as liquidated damages, which Driver
accepts as reasonable estimates of Pet Delivery Solutions damages for the specified breaches:
If Driver (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents Driver's affiliation with a person or entity; or (3) includes personal
or identifying information about another person or entity without that person or entity's explicit consent, Driver agrees to pay Pet Delivery Solutions one thousand dollars ($1,000) for each occurrence.
Otherwise, Driver agrees to pay Pet Delivery Solutions actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms or the Driver Agreement, Pet Delivery Solutions retains the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted herein, or any combination thereof.
Driver agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Website, a Job, the Platform, or Delivery Services, or these Terms or the Driver Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Driver shall immediately report all lost, damaged, and delayed Jobs to Shipper. Immediately thereafter, Driver shall report such loss, damage, or delay to Pet Delivery Solutions. Driver agrees to cooperate fully with Shipper and with Pet Delivery Solutions with respect to any loss, damage, or delay claim made by a Shipper.
To notify Pet Delivery Solutions , please email support@petdeliverysolutions.com and include all factual information and any supporting evidence.
Driver acknowledges and agrees that Driver’s name, physical address, email address and telephone number will be disclosed to Shipper via the Platform when Driver accepts a Job.