Courier Terms and Conditions

Courier Terms and Conditions – Fox Delivery Ltd.
Last updated: November 11th, 2024
This document (the “Terms”) sets out the terms and conditions on which we, The Rider’s Bike House Limited (“we,” “us,” or “Fox Delivery”), make our website www.foxdelivery.ie and Fox Delivery mobile applications (together, the “Platform”) available to independent couriers who intend to use the Platform to engage in delivery services (the “Couriers” or “you”).
These terms do not apply to businesses and individuals seeking to reach independent couriers to execute deliveries or use our Platform to manage delivery operations, whose access and use of the Platform is governed by the User Terms and Conditions – Fox Delivery.
Please read these Terms very carefully before accessing and using the Platform. By accessing or using the Platform as an independent courier, you agree to be bound by these Terms. If you do not agree to these Terms and fully accept its conditions, you may not access or use the Platform as a Courier.
If you have any questions regarding these Terms, please contact us at: support@foxdelivery.ie

1. About Fox Delivery
Fox Delivery offers a digital Platform that connects Couriers with businesses and individuals (the “Users”) to optimize their logistics and enable Couriers to execute the delivery of Users’ goods (the “Delivery”).
Our Platform was specially developed to connect you with restaurants, grocers, retail, e-commerce, and many other businesses in a practical and optimized way.
Fox Delivery, therefore, is not a staffing agency, recruiter, or human resources feature. We merely provide and make available our Platform to enable your interactions and transactions with Users and optimize their delivery operations.
Fox Delivery Ltd. is a company incorporated in Ireland, with its registered office at Mayor Street Upper, North Wall, Dublin 1, D01 DR94, Ireland, and registration number 704500. Our VAT number is 3896917MH.

2. Your Account
To access the Platform and provide your delivery services, you must create a personal account and register as a Courier (the “Courier Account”).
Courier Registration
To create a Courier Account, you must register on the Platform following the instructions provided.
You will be asked to insert your personal information (name, address, email, phone number, visa type), provide information regarding your preferences on vehicle type and work shifts, and inform us of the companies with which you are currently working. Fox Delivery reserves the right to request additional information or documentation at any time and at our sole discretion if we deem it necessary for creating your Courier Account.
You must provide true, accurate, and complete information in your registration and update it on the Platform in the event of any change.
After you submit your request for registering on the Platform, our team will analyze the information provided and get back to you shortly.
Fox Delivery may accept or reject your request, at our sole discretion. If we accept your request, we will contact you and provide you with your credentials to access the Platform as a Courier.
If any information provided by you proves to be wrong, inaccurate, or incomplete, Fox Delivery reserves the right to take whatever action it deems appropriate, including but not limited to suspension of your Courier Account and your access to the Platform until the necessary information is provided in an adequate manner.
Keep in mind: to create a Courier Account and use our Platform, you must be at least 18 years old.
Safety
Your Courier Account is personal and non-transferable. You are entirely responsible for maintaining and safeguarding the confidentiality and security of your login information, including your password. You agree to under no circumstances assign or grant access to your Courier Account to any third party.
You are exclusively responsible and liable for all actions and uses attributed to your Courier Account on the Platform.
If you find or suspect that your Courier Account has irregularities or abnormalities, including but not limited to the password being changed or the account being logged into or used by unauthorized individuals, you must notify Fox Delivery immediately.

3. Process of Delivery
Delivery Request
Once you have logged in to your Courier Account, you may make yourself available on the Platform and wait for a notification indicating you have a Delivery request from a User.
Further information regarding the request, the products to be collected and delivered (the “Goods”), and the customer who will receive the Goods (the “Recipient”) will be presented to you. You are entirely responsible for verifying whether you are able to comply with all eventual additional requirements and specifications set by the User in the Request.
The acceptance of a request is entirely at your own discretion, and Fox Delivery will not, under any circumstances, require or force you to accept a request. However, if you consistently refuse or do not perform accepted requests, this may affect your evaluation on the Platform, as set out in Clause 5 of these Terms. Fox Delivery reserves the right, at our sole discretion, to suspend or terminate your Courier Account if we understand that you have regularly refused requests or not performed or canceled requests that you had already accepted.
Delivery of Goods
Once you accept a request, you shall collect and deliver the Goods within an appropriate time frame, without undue delay, considering a reasonable amount of time to get from your current location to the collection address and, from there, to the delivery address.
You must inform on the Platform that you have collected the Goods. The Platform will automatically recommend an optimized route to the delivery address, but you are under no obligation to take the recommended route. You must, however, take an appropriate route, without excessive deviations.
The number and distance of deviations considered as “excessive” will be determined at the sole, reasonable discretion of Fox Delivery. If you constantly take routes with excessive deviations without justification, this may affect your evaluation on the Platform, as set out in Clause 5, and Fox Delivery reserves the right to terminate your Account.
You shall always be diligent, professional, and reliable when making a Delivery. You must be careful when driving your chosen vehicle and ensure that the Goods reach the Recipients in the same condition as when you collected them.
You agree and acknowledge that you act on behalf of the Users in delivering Goods to Recipients and that Fox Delivery has no relationship with you or the User other than to provide a communication Platform between you.
When you deliver the goods to the Recipient, you must follow all the steps requested on the Platform to confirm the Delivery completion.
Cancellations and Return of Goods
You may cancel an accepted request before the collection of the Goods for any reason on the Platform. However, keep in mind that the cancellation may affect your evaluation, as set out in Clause 5.
Fox Delivery reserves the right to terminate your Account if you regularly cancel accepted Requests, and the amount necessary to be considered “regularly” is determined at the sole, reasonable discretion of Fox Delivery.
You must cancel the Delivery, contact the User, and inform us on the Platform if the Goods get destroyed or damaged in the process of Delivery due to any cause or event beyond our reasonable control, including, without limitation, an act of God, governmental act, war, fire, flood, earthquake, explosion, epidemic or pandemic, strikes, or civil commotion (the “Force Majeure Events”).
You must also cancel the Delivery, contact the User, and inform us on the Platform if a Recipient refuses to accept the Goods due to their alleged destruction or damage. If the destruction or damage is proven to be due to your performance of the Delivery, you will not receive the Courier Fee.
If the Recipient refuses to accept the Goods for any other reasons, or if you are unable to contact the Recipient, you must contact the User, inform us on the Platform, and return the Goods to the collection address or to another address indicated by the User. The Courier Fee for the return delivery will be calculated in the same way as the original Delivery, and you will not be penalized in any way.
You must not, under any circumstances, dispose of any Goods without further directions from Fox Delivery or the User.
In any case, Fox Delivery reserves the right to investigate the causes of and request information related to cancellations.

4. Prices and Payment
The use of the Platform by the Courier is completely free of charge.
You will receive a weekly payment (the “Courier Fee”) for the Deliveries you have executed in the previous week.
Your Courier Fee for each week will be presented to you on the Platform, in euro, and may be based on a fixed amount per traveled kilometer during Deliveries or other criteria presented to you on the Platform. We reserve the right to change these amounts and the criteria used to calculate the Courier Fee without prior notice.
You hereby agree that the Courier Fee will be transferred to your bank account and that it is your duty to register a valid and updated bank account within the Platform.
It is also your duty to ensure that your bank account information remains up-to-date, complete, and correct during the entire period in which your Courier Account is active.
You are solely and entirely responsible for your VAT obligations and for complying with any other applicable tax obligations. Fox Delivery and the Users are not responsible for any additional compensation to cover your VAT obligations and liabilities.
You expressly agree that Fox Delivery may deduct and retain from your Courier Fee all applicable taxes, fees, and penalties set forth in these Terms.
ALL PAYMENTS REGARDING YOUR SERVICES AS A COURIER MUST BE TRANSFERRED TO YOU BY FOX DELIVERY EXCLUSIVELY THROUGH THE PLATFORM, EXCEPT FOR ANY CUSTOMARY TIPS FREELY OFFERED BY USERS OR RECIPIENTS. BY REGISTERING, YOU AGREE THAT YOUR PAYMENTS WILL BE COLLECTED BY FOX DELIVERY ON YOUR BEHALF AND THAT YOU MUST NOT CHARGE USERS OR RECIPIENTS DIRECTLY OR ADDITIONALLY FOR DELIVERY REQUESTS MADE ON THE PLATFORM.
IF YOU IDENTIFY OR BELIEVE THAT ANY USER OR RECIPIENT IS ATTEMPTING TO PAY COURIERS DIRECTLY OR ADDITIONALLY FOR DELIVERY REQUESTS MADE ON THE PLATFORM IN VIOLATION OF THESE TERMS, YOU SHOULD NOTIFY FOX DELIVERY IMMEDIATELY.

5. Evaluation
When registering to the Platform, you acknowledge and accept that you will be evaluated based on your performance in all your Deliveries, using specific performance metrics. Users will be able to give feedback based on their experience with you and your performance.
You may also leave feedback on the Platform based on your experience with the User.

6. Your Obligations and Responsibilities
When using the Platform, you must comply with these Terms and all applicable laws, regulations, and rules. You may only use the Platform for lawful purposes and for the purposes for which it was intended as referenced in these Terms. You must not misuse the Platform or attempt to defraud us, the Users, the Recipients, or any third party.
You are responsible for obtaining the network access necessary to use the Platform and for any rates and fees from your network provider, including data consumption while using the Platform. You are also responsible for accessing compatible devices and operating systems necessary to use the Platform. We cannot guarantee that your devices and operating systems are compatible with the Platform.
In the event of any third-party request, loss, liability, proposition, or expense (including attorneys’ fees) brought against Fox Delivery arising from or relating to your use of the Platform, you agree to compensate Fox Delivery, its directors, employees, agents, partners, and other licensed persons.
Also, you must refrain from:
• Altering or modifying the Platform, in full or in part, by bypassing, disabling, or tampering with its functions or services.
• Infringing industrial and intellectual property rights or data protection legislation.
• Using the Platform to insult, defame, intimidate, or harass other Couriers, Users, or any other person.
• Hyperlinking to any other website from the Platform without our ongoing consent.
Fox Delivery reserves the right to remove and/or suspend any message or reviews with illegal or offensive content without notification.
Moreover, you are obliged to comply with the following requirements:
• Act with professionalism, be respectful, polite, and courteous to Users and Recipients.
• Maintain personal hygiene standards appropriate to the delivery of food.
• Arrange and use all necessary and adequate personal protective equipment and gear required to drive your chosen vehicle and ensure your health, safety, and security while executing a Delivery.
• Be responsible for making all declarations required of you due to your activity as a Courier, including but not limited to tax or social security obligations.
• Have a good command of spoken English.
• Immediately communicate with Fox Delivery if you are requested to deliver illegal or restricted Goods or goods that may harm you or the Recipients.
• Deliver goods within the estimated Delivery time provided on the Platform.
• Obtain, maintain, and renew all licenses and authorizations necessary to operate the chosen vehicle.
• Maintain your chosen vehicle in good operating condition.
• Comply with any applicable laws relating to the delivery of Goods, including applicable tax obligations and insurance regulations.
Fox Delivery may offer accessories to facilitate Deliveries, and if so, you shall take good care of them. A deposit will be deducted from your Courier Fee and refunded when the accessories are returned, if applicable.
Fox Delivery reserves the right to manage any potential non-compliance in any manner, including charging a penalty fee of up to €3,000 (three thousand euros) (“Penalty Fee”), or temporarily suspending or permanently terminating your Courier Account without prior notification.

7. Warranties and Liability
FOX DELIVERY DOES NOT GUARANTEE THE CONTINUED AVAILABILITY OF THE PLATFORM OR ITS ACCESSIBILITY, CONTENT, OR SERVICES. THE CONTENT AND SERVICES OF THE PLATFORM ARE PROVIDED ON AN 'AS IS' BASIS. YOU, AS THE COURIER, BEAR ALL RESPONSIBILITIES FOR THE OPERATION OF THE PLATFORM AND ANY WEBSITE LINKED TO IT.

Additionally, Fox Delivery shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:

Delay or non-performance of our obligations under these Terms arising from any Force Majeure Event.
Indirect, derivative, incidental, collateral, or punitive damages that may be incurred from the access and use of the Platform or your inability to access and use the Platform, except if forbidden by law, under all circumstances.
Losses of revenue, actual or anticipated profits, contracts, business, opportunity, goodwill, and reputation related directly or indirectly to the Platform.
Service interruptions, connection errors, unavailability of, or faults in, internet access service.
Security errors that may arise or any damage that may be caused to your computer or mobile systems or to the files stored therein, as a result of viruses in your computer or mobile systems or browser’s malfunction.
Delay or failure to perform by third-party service providers whose services are necessary for the Platform to function correctly.
Information provided by or actions taken by you, Users, or Recipients.
Fox Delivery does not, under any circumstances, guarantee you a minimum number of Delivery requests. However, we will use commercially reasonable efforts to connect you with Users.

You are solely liable to Fox Delivery, Users, Recipients, and third parties for any loss, injury, or damage you cause by your actions or inactions or by any breach of these Terms.

You agree to defend, indemnify, and hold harmless Fox Delivery, its parent companies, subsidiaries, affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any Delivery made by you in connection with the Platform, or any use of the Platform in violation of these Terms.

To the extent permitted under applicable laws, you hereby release Fox Delivery from any and all claims or liability related to any action or inaction by you, including your failure to comply with applicable law and/or failure to abide by these Terms, and any conduct or speech, whether online or offline, of any other Courier, User, or Recipient.

Fox Delivery is not deemed to have editorial responsibility, and it expressly states that it does not identify with any opinions that may be issued by you, Users, or other Couriers whose consequences are the sole responsibility of their respective issuers. You are solely responsible for your interactions with Users, Recipients, and other Couriers.

If Fox Delivery is found liable to you, its total aggregate liability is limited to the Courier Fee owed to you for the Delivery in relation to which Fox Delivery was found liable.

Fox Delivery reserves the right to investigate and take appropriate legal action against anyone who we believe may have violated these Terms, including, without limitation, reporting you to appropriate law enforcement authorities.

You, as a Courier, are solely liable for the Deliveries you execute. If the goods are damaged, lost, or stolen, or if you do not correctly complete the Delivery, you shall be liable for and compensate Fox Delivery, the User, and/or a third party for any harm or loss, except where the foregoing is due to factors such as, without limitation, fault of the Recipient or the User, Force Majeure Event, insufficient packaging, or an inherent defect.

If the lost Goods are pharmaceutical or high-value items, Fox Delivery may report the matter to the Police and terminate your Courier Account.

8. Privacy
Fox Delivery respects your privacy and the protection of your personal data. Therefore, we created a Privacy Policy that explains the rights you have as a data subject, the purposes of the processing of your personal data, and the operations we carry out with your personal data.

As a Courier, you must ensure compliance with the General Data Protection Regulation (GDPR), the provisions of the Privacy Policy, and other applicable laws concerning privacy and personal data protection.

9. Intellectual Property
All texts, images, music, videos, animations, trademarks, patterns, charts, visual interfaces, and code, including but not limited to the ideas, design, structure, look-and-feel, expression, and display of all content in the Platform (the “Intellectual Property”), are legally owned, controlled, or legitimately authorized to be used by Fox Delivery. You shall not use the Intellectual Property for any purposes not expressly set out in these Terms, in any way, without Fox Delivery's prior written consent.

You agree not to modify, copy, reverse engineer, decompile, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Intellectual Property, information, or any content obtained from and through the Platform.

Authorizing you or any Courier to access the Platform does not imply the waiver, transfer, licensing, or full or partial assignment by Fox Delivery of any Intellectual Property rights.

By uploading, commenting, or otherwise making available any material, information, or content to the Platform, you expressly grant or warrant that the intellectual property rights holder has expressly granted Fox Delivery the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material, information, or content.

You must not upload, comment or otherwise make available on the Platform any material protected by copyright, trademark, or other proprietary rights without the express permission of the respective intellectual property rights holder.

If you infringe Fox Delivery’s or a third-party’s intellectual property rights, Fox Delivery reserves the right to terminate your Courier Account.

10. Confidentiality
All information shared with you, directly or indirectly, due to the Delivery, on the Platform or by other means, by Fox Delivery, the Users, or any third party, is strictly confidential. You shall keep such information confidential and not disclose it, directly or indirectly, to any third party, or use it in any way that is not necessary for the Delivery.

Confidential information may include, but is not limited to, the Recipient and User’s personal data, the collection and delivery addresses, and information related to the Goods delivered.

For the purposes of these Terms, confidential information does not include information that (a) was previously known by you, without any obligation of confidentiality; (b) was lawfully disclosed by a third party to you without any obligation of confidentiality; or (c) is or becomes available to the general public without any breach of confidentiality obligations.

11. Usage Interruption and Termination
You may, at any time, terminate your Courier Account by notifying Fox Delivery with fifteen (15) days’ notice, through the procedure available on the Platform. After this period, any outstanding Courier Fee will be paid within the timeframe indicated on the Platform, your Courier Account will be deleted, and your use of the Platform will be interrupted.

However, you shall not terminate your Courier Account during any ongoing or scheduled Deliveries. If you do so, we may investigate if this action led to any material loss or damage to the User or Fox Delivery and may charge you a Penalty Fee if one is detected, notwithstanding other remedies available to Fox Delivery and/or the User.

We have the right to terminate these Terms and delete your Courier Account at any time if we suspect that you have breached these Terms, regardless of prior notification. In this situation, you acknowledge that Fox Delivery may charge you a Penalty Fee.

In the case of termination of your Courier Account, for any reason, you forfeit any rights, obligations, or liability acquired in consequence of your previous acceptance of these Terms.

12. General
You understand and agree that when you download the Fox Delivery mobile application, you may also be subject to the terms of use and policies of the relevant App Store (Google Play Store or Apple Store) from which you download the Platform. Please review those terms of use and policies very carefully.

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Fox Delivery, superseding all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

If any provision of this agreement is found to be illegal, void, invalid, or unenforceable, in whole or in part, the remaining provisions of these Terms will remain operative and in full force and effect.

If Fox Delivery fails to uphold or demand the strict execution of these Terms, this should not be deemed as a waiver or modification of any rights pertaining to the execution of these Terms.

Fox Delivery reserves the right, at our sole discretion, to alter, update, or replace any part of these Terms without prior notice. When we publish an updated version of these Terms, we will inform you by e-mail and/or on the Platform message system. If you do not agree with any amended Terms, please do not access or use Fox Delivery. Continued use of or access to the Platform following any amendments or changes to these Terms will constitute acceptance of the changes.

13. Dispute Resolution Process
Any dispute or controversy which may arise between you and Fox Delivery out of or in relation to these Terms or the Platform shall be governed by the laws of the Republic of Ireland, regardless of principles of conflicts of laws, and submitted to the exclusive jurisdiction of the courts of Dublin, Ireland.

You agree to waive any jurisdictional, venue, or inconvenient forum defenses for purposes of resolving disputes hereunder.