Yogo Drive Terms of Service
These terms of service constitute a legally binding agreement (the “Agreement”) between you and Yogo.gd.
By entering into to this Agreement, you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE YOGO DRIVE PLATFORM.
The Yogo Drive Platform
The Yogo Drive platform provides a marketplace where customers who purchase food from www.yogo.gd can have it delivered and matched with the closest driver to the restaurant. For purposes of this Agreement, the driving services provided by Drivers to Yogo’s customers that are matched through the Platform shall be referred to collectively as the “Services”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each transportation Service provided by a Driver to a Yogo customer shall constitute a separate agreement between such persons.
Modification to the Agreement
In the event Yogo modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Yogo reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Yogo Drive Platform or Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
The Yogo Drive Platform may only be used by individuals who can form legally binding contracts under applicable law. The Yogo Drive Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.
As a Customer, you agree to pay the amounts charged for your use of the Yogo Drive Platform and Services (“Charges”). Charges include Delivery fee and other applicable fees, surcharges, and taxes, plus any tips to the Driver that you elect to pay. Yogo has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms in the description on the product page. Pricing may vary based on the location of the final destination of the request. (Yogo Drive Prices will be displayed on the Product Description). You are responsible for reviewing all charges incurred under your account regardless of your awareness of such Charges or the amounts thereof.
- Delivery Fee is paid to the driver upon receipt and confirmation of order. (Yogo Drive will only be available for the St. George’s (town) and Grand Anse areas including St George’s University. The Delivery fee will be a flat $10 per restaurant).
Fees and Other Charges.
- Service Fee. Yogo Drive may assess a per-delivery “commission Fee” to support the Yogo Drive Platform and related services provided to you by Yogo. The fee will be 10% on each delivery (NOT including tips).
- Facilitation of Charges. Drivers will be invoiced at the end of each month, in which they will have 30 days to pay. Failure to pay within this time frame will result in banning from the platform and possible legal action.
If you are a Driver, you will receive payment for your provision of Services from the customer upon delivery. All Delivery payments are subject to a Yogo Drive Commission, discussed below. You will also receive any tips provided by customers to you, and tips will not be subject to any Yogo Drive Commission.
- Commission. In exchange for permitting you to offer your Services through the Yogo Drive Platform and marketplace as a Driver, you agree to pay Yogo (and permit Yogo to retain) a fee based on each transaction in which you provide Services (the “Commission”). The amount of the applicable Commission is 10% of all delivery fee collections from sales on yogo.gd. Yogo reserves the right to change the Commission at any time in Yogo’s discretion based upon local market factors, and Yogo will provide you with notice in the event of such change. Continued use of the Yogo Drive Platform after any such change in the Commission calculation shall constitute your consent to such change.
- Pricing. You expressly authorize Yogo to set the prices on your behalf for all Charges that apply to the provision of Services. Yogo reserves the right to change the Delivery Fee at any time in our discretion based upon local market factors, and we will provide you with notice in the event of changes to the base delivery fee, per mile, and/or per minute amounts that would result in a change in the applicable fees. Charges at this time is set to $10 per restaurant for areas suppored by Yogo Drive.
- Fare Adjustment. Yogo reserves the right to suspend your account if it believes that (i) you have attempted to defraud or abuse Yogo or Yogo’s pricing systems, (ii) in order to resolve a customer complaint (e.g., you took the wrong order to the wrong customer or was unnecessarily disrespectful, order took longer to reach its destination than it reasonably should.
Yogo Drive Communications
By becoming a Yogo Drive partner, you agree to receive communications from us, including via e-mail, text/Whatsapp and Whatsapp group messages, calls, and push notifications as well as other mapping apps. Communications from Yogo, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your account or use of the Yogo Drive Platform or Services, updates concerning new and existing features on the Yogo Drive Platform, communications concerning promotions run by us or our third- party partners, and news concerning Yogo and industry developments.
Promotions and Referral Programs
Yogo, at its sole discretion, may make available promotions with different features to any Yogo Driver Partner. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Yogo. Yogo reserves the right to withhold or deduct credits or benefits obtained through a promotion the event that Yogo determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.
Yogo may offer you with incentives to refer new Drivers to the Yogo Drive community (the “Referral Program”). These incentives may come in the form of Yogo Drive fee reduction, or Credits, and Yogo may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.
With respect to your use of the Yogo Drive Platform and your participation in the Services, you agree that you will not:
- impersonate any person or entity;
- stalk, threaten, or otherwise harass any person, or carry any weapons;
- violate any law, statute, rule, permit, ordinance or regulation;
- interfere with or disrupt the Services or the Yogo Drive Platform or the servers or networks connected to the Yogo Drive Platform;
- post Information or interact on the Yogo Drive Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
- use the Yogo Drive Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through third party applications;
- “frame” or “mirror” any part of the Yogo Drive Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose.
- transfer or sell your account, password and/or identification to any other party
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or
- cause any third party to engage in the restricted activities above.
Driver Representations, Warranties and Agreements
By providing Services as a Driver on the Yogo Drive Platform, you represent, warrant, and agree that:
- You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide Services.
- You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
- You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, be involved in a motor vehicle accident or collision of any kind, permit an unauthorized third party to accompany you in the vehicle while providing Services, provide Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the Yogo community or third parties.
- You will not make any misrepresentation regarding Yogo, the Yogo Drive Platform, the Services or your status as a Driver.
- You will not, while providing the Services (While a delivery run is in progress), operate as a public carrier or taxi service, accept street hails.
- You will not attempt to defraud Yogo or Yogo’s customers on the Yogo Drive Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may suspend your account.
- You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
- You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.
- You will pay all applicable taxes based on your provision of Services and any payments received by you.
All intellectual property rights in the Yogo Drive Platform shall be owned by Yogo absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Yogo Drive Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Yogo. Yogo shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
The following disclaimers are made on behalf of Yogo, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
Yogo Drive does not provide a delivery services, and Yogo is not a transportation carrier. It is up to the Driver to decide whether or not to accept an order contacted through the Yogo Drive Platform. We cannot ensure that a Driver will complete an arranged delivery service. We have no control over the quality or safety of the transportation that occurs as a result of the Services.
The Yogo Drive Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Yogo Drive Platform and/or the Services, including the ability to provide or receive Services at any given location or time. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that your use of the Yogo Drive Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the Yogo Drive Platform will be corrected.
Yogo is not responsible for the conduct, whether online or offline, of any User of the Yogo Drive Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for delivery items. By using the Yogo Drive Platform and participating in the Services, you agree to accept such risks and agree that Yogo is not responsible for the acts or omissions of Drivers on the Yogo Drive Platform or participating in the Services.
Yogo expressly disclaims any liability arising from the unauthorized use of your account. Should you suspect that any unauthorized party may be using your account or you suspect any other breach of security, you agree to notify us immediately.
We are not responsible for the use of any personal information that you disclose to other Drivers on the Yogo Drive Platform or through the Services.
You will defend, indemnify, and hold Yogo including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Yogo Drive Platform and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, without limitation, Drivers, Customers, Retail Stores, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Yogo Drive Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle, including your provision of Services as a Driver; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Limitation of Liability
IN NO EVENT WILL YOGO, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE THIRD PARTY PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE YOGO DRIVE PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Term and Termination
This Agreement is effective upon your creation of an account. This Agreement may be terminated: a) by, without cause, upon seven (7) days’ prior written notice to YOGO; or. In addition, Yogo may terminate this Agreement or deactivate your account immediately in the event: (1) you no longer qualify to provide Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below Yogo Drive’s star rating or cancellation threshold; (3) Yogo has the good faith belief that such action is necessary to protect the safety of the Yogo Drive community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Yogo’s reasonable satisfaction prior to Yogo permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Yogo’s satisfaction, this Agreement will not be permanently terminated.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Yogo’s business, operations and properties, including User information (“Confidential Information”) disclosed to you by Yogo for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Yogo in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Yogo with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Yogo or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Yogo; becomes known to you, without restriction, from a source other than Yogo without breach of this Agreement by you and otherwise not in violation of Yogo’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Yogo to enable Yogo to seek a protective order or otherwise prevent or restrict such disclosure.
Relationship with Yogo
As a Driver on the Yogo Drive Platform, you acknowledge and agree that you and Yogo are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Yogo expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Yogo; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Yogo, and you undertake not to hold yourself out as an employee, agent or authorized representative of Yogo.
Yogo does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the Yogo Drive Platform. You retain the option to accept or to decline or ignore a Delivery request for Services via the Yogo Drive Third Party Platform (Whatsapp or other mobile application used by the Yogo Drive Platform), or to cancel an accepted request for Services via the Yogo Drive communication Platform, subject to Yogo Drive’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, Yogo shall have no right to require you to: (a) display Yogo’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying Yogo’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.