Driver Terms & Conditions

This Agreement (‘Agreement’) is between dlvrNOW Limited (‘Company’) and you the driver, (‘Driver’) Whereas:

• By accessing and confirming acceptance of this Agreement and/or by using the Apps you agree to be bound by the terms and conditions below.
• The Company provides lead-generation services to independent providers of on-demand delivery and goods-Delivery Services (‘Delivery Services’) in accordance with Trinidad and Tobago law.
• The Company does not provide passenger transport, and all services facilitated are limited to the movement of goods.

Driver agrees with Company to the following terms and conditions:

1. Definitions:

1. ‘Account’ means an account opened by the Driver and approved by The Company to access the Driver App to benefit from the Services.
2. ‘Apps’ means the applications provided by The Company—including software, websites, payment services described in Section 4 and processed in accordance with the Central Bank of Trinidad and Tobago (CBTT) Payment Systems Oversight Guidelines and the Electronic Transfer of Funds Act, as amended from time to time—that allow Users to arrange and schedule delivery and logistics services, including goods transport, parcel handling, and non-passenger cargo movement (‘Delivery Services’).
3. ‘Company Data’ means all data related to the access and use of the Services hereunder, including all data related to Users (including User Information), all data related to the provision of Delivery Services via the Services and the Driver App, and the ID.
4. ‘Driver’ refers to a person/individual who uses and accesses the Driver App (hereafter defined) for providing goods-only delivery services and shall not transport passengers.
5. ‘Driver App’ means the App that allows the Driver to use the Services.
6. ‘Delivery Fee’ means the fee charged for Delivery Services based on distance, item weight/size, declared value, special handling, and time. Delivery Fees do not apply to items that Drivers are prohibited from transporting under the Trinidad and Tobago Dangerous Goods Transportation Regulations.
7. ‘ID’ means the unique identification number and password assigned to a Driver on opening an Account.
8. ‘Request’ means a request from a User for Delivery Services, which involves the pickup, transport, and delivery of goods, not passenger transport. Each Request requires mandatory chain-of-custody compliance as described in Section 15.
9. ‘Services’ means Company’s digital platform electronic services that facilitate delivery providers to screen for, obtain, and fulfil on-demand Delivery Services only, and not passenger carriage requests by Users through Apps.
10. ‘Services Fee’ shall be a percentage of the delivery fee to be paid by or due from Driver to Company per Request or as otherwise set out on The Company’s Website.
11. ‘Territory’ means Trinidad and Tobago.
12. ‘User’ means a duly authorized end user who uses the Apps to obtain Delivery Services offered by Drivers.
13. ‘User Data’ means information relating to a User that a Driver may access when a User requests Delivery Services. This information may include User name, pick-up location, destination, package description, declared value, and handling instructions.
14. ‘Vehicle’ means the Driver’s vehicle that meets the Company’s standards for quality, cargo capacity, load rating, safe carriage of goods, and any other criteria set by the Company (as amended from time to time), and that complies with all statutory and legal requirements at all times.

2. Grant of License:

Conditional upon compliance with the terms herein, Driver is granted a limited, non-exclusive, revocable, non-transferable, non-assignable, non-sublicensable license right to use the Apps and Services and Driver is under no obligation of exclusivity to Company and is free to provide similar Delivery Services, open accounts similar to Account with third parties, access services from third parties similar to the Services and engage in business, to and with any other party. All rights not expressly granted to you are reserved by The Company and its respective licensors.

3. Driver Undertakings, Warranties, Acknowledgments:

Driver by accessing and confirming Acceptance of this Agreement and/or by using this App, agrees:

• and accepts that Company does not provide any Delivery Services, but that Company provides a technology platform to allow Users to place requests for Delivery Services and allows Drivers to search for and accept and fulfil Delivery services,
• When providing Delivery Services, you enter a contractual relationship for the secure transport of goods only.
• You as Driver bear sole responsibility for your Acts.
• to be bound by the terms and conditions herein,
• to use the Account, Apps, User Data and Request solely for providing Delivery Services and shall not use the foregoing for personal or non-lawful purposes or in any manner that may constitute a breach of agreement or negligence and
• Drivers shall ensure packages are properly secured, loaded, and transported in compliance with the Motor Vehicles and Road Traffic Act (Chap. 48:50), the Motor Vehicle Insurance (Third-Party Risks) Act (Chap. 48:51), and commercial vehicle requirements applicable to the carriage of goods in Trinidad and Tobago.
• Drivers shall not transport items prohibited under the Trinidad and Tobago Dangerous Goods Transportation Regulations, the Explosives Act (Chap. 16:02), Port Authority hazardous cargo rules, or any Ministry of Works & Transport directives.
• Drivers must maintain insurance where required under Trinidad and Tobago insurance regulations or as specifically mandated by the Company based on the Driver’s vehicle class.
• Drivers must refuse any cargo that is improperly packaged, leaking, unlabelled, misdeclared, or classified as dangerous. All Drivers shall comply with Trinidad and Tobago Dangerous Goods Transportation Regulations, the Explosives Act (Chap. 16:02), and applicable Port Authority or Ministry of Works & Transport directives. Any hazardous, restricted, or specially regulated items that require licensed handling or specialized vehicle setup must not be transported. dlvrNOW may immediately deactivate any Driver who breaches these requirements.
• Driver shall supply on request proof of insurance coverage permitting goods-for-hire, Certificate of Fitness, registration, and any permit required for carrying goods.
• that in accessing and using the Account, the Apps, the Services and in providing the Delivery Services, Driver warrants and always undertakes:
  • to hold and maintain a valid driver’s license and proper Motor Vehicle insurance in which you are a named insured
  • to act with due diligence and care, uphold ambitious standards of health and safety, to maintain professionalism, respect, courtesy, and high-quality service to Users and third parties
  • to hereby consent to initial and continuing background checks on Driver and User evaluations by Company for quality assurance purposes.
  • that your Vehicle shall always be properly registered and licensed to fulfil Delivery Services, shall be duly owned, leased or in your lawful control and custody, fit for the purpose intended, be maintained in good working condition in accordance with industry standards, and shall be always clean and sanitary.
  • and any Goods Vehicle Permit or Commercial Vehicle Authorization required under the Motor Vehicles and Road Traffic Regulations of Trinidad and Tobago.
  • meet load-securement standards in accordance with Road Traffic Regulations and industry best practices.
  • To have and maintain all consents, approvals, licenses, permits and authorizations required to fulfil this Agreement.
  • To give due copies of all documents evidencing the foregoing when requested by Company (including your obligation to provide updates for any changes or renewals) for which Driver consents to Company keeping records of Company’s business.
  • to comply with all laws of the Territory.

4. Account/ID: The following terms relate to use of the Driver Apps

1. The Driver must open a Driver Account on the Driver App to access and use the Driver App. Once this Account has duly opened the Driver will be issued an ID. The Driver shall have only one Account existing.
2. Driver shall maintain the Account with due diligence and care and shall not disclose, share with, or allow any third party (not expressly authorized by Company) to access and/or use the Account or Driver App with your Account and shall immediately report all breaches or improper use of the Account or Driver App, (suspected or actual).

5. Provision of Delivery Services:

1. Company provides the Apps and possibly related Apps/technology support & administrative Services, as technology enabler and Driver will provide their own tools of the trade at their expense that will be required for Driver to perform the Delivery Services (e.g. Vehicle, mobile device with data plan on which the Driver App is to be installed and which should meet the specifications required by Company to enable such installation and use).
2. Subject to your provision of a suitable mobile device for installation of the Apps and agreement to allow Company to access and track your geo-location data when you are logged into the Driver App (including during provision of Delivery Services), Company hereby grants you a personal, non-exclusive, non-transferable user right to install and use the Driver App Services solely for the purposes set out in this Agreement. You agree to not provide, distribute, or share, or enable the provision, distribution or sharing of, the Driver App (or any data associated therewith) with any third party.
3. If the Driver is within the vicinity of the pickup location, the Driver may receive a Request via the App, and your Account is active, and you are available.
4. Driver is free to accept or decline Requests at their discretion. However, repeated declines or cancellations may result in action under the Company’s Deactivation Policy.
5. Driver must not deviate for personal errands, or make unauthorized stops, while transporting goods.
6. Drivers may refuse any package that is overweight, improperly packaged, unsafe, illegal, prohibited, or that exceeds the legal axle-load or gross vehicle-weight limits established under the Motor Vehicles and Road Traffic Regulations, including axle-load restrictions enforceable by Licensing Division and Transport Division officers.
7. All User Data must not be disclosed to parties or to any media not expressly authorized by The Company.
8. All handling of User Data must follow the Data Protection Act of Trinidad and Tobago (Parts I & II currently in force) and industry privacy best-practice until full proclamation.
9. For each Request that you agree and accept using the Driver App:
   • Company will supply certain User Data via the Driver App to facilitate the Request (e.g., User’s name, contact data, pick up and destination locations).
   • Driver must wait at least five minutes for package handover and attempt one call to the User to confirm the package handover.
   • Driver must confirm the delivery destination via the App and, where required, verify package description, declared contents, and packaging integrity or authorized pickup contact.
   • Some of your Driver Data (e.g., name, contact data, photo, location, geo tracking of Vehicle and Vehicle model & registration) will be disclosed in the Apps to User for coordination of package pickup and delivery.
   • You warrant, undertake, agree, and accept that you as the Driver shall be solely responsible for providing the Delivery Services and as such for devising and executing the most efficient, effective, and safest way to perform the same for each Request.
   • Drivers must not transport unauthorized persons during Delivery Services to ensure safety, cargo security, and compliance.
   • You will transport the package/items to the specified delivery destination as recorded in the App, following the safest and most efficient route and maintain chain-of-custody throughout transport.
10. The Driver may decline any item whose contents materially differ from the declared description, as required under the Customs Act (Chap. 78:01), including accuracy of declared contents.
11. Upon completion of the Delivery Services, you accept that the Apps will prompt a ratings section which:
    • At User’s option, User may rate the Driver and give further feedback on the quality of the Delivery Services, Ratings should reflect the quality of pickup, handling, and delivery experience related to goods transported.
    • At Driver’s option, Driver may rate User and give feedback on Driver’s experience with User. The Driver shall give all ratings and feedback in good faith.
    • Failure to maintain the minimum rating pursuant to The Company’s policies shall result initially in a probation period being imposed on Driver to elevate ratings to meet the said minimum rating, failing which The Company may at its sole discretion trigger Deactivation.
    • Drivers are prohibited from retaliatory or manipulative ratings.
12. The Driver must follow chain-of-custody requirements for all Delivery Services, including: (a) confirming pickup via the App; (b) inspecting item condition and packaging; (c) verifying declared contents where applicable; (d) securing items for transport; and (e) completing delivery verification in the App, including proof of delivery and recipient confirmation.
13. All cargo must be secured per TT load-securement standards under the Motor Vehicles and Road Traffic Regulations, including the use of straps, restraints, blocking, and packaging integrity.
14. If the Driver repeatedly declines Requests while logged in, which can adversely impact the effectiveness and efficiency of the Apps for Users, The Company may at its sole discretion trigger the Deactivation.

6. Fees and Charges:

1. You must in the Driver App log when you start and complete the Delivery Services for the delivery fee to be calculated.
2. You agree that delivery fees may surge sometimes based on traffic, times of high demand and other socio-politico and geographic factors or reasonable considerations.
3. “All electronic or card-based payments for Delivery Services (goods only) shall be processed exclusively through dlvrNOW’s approved payment partners in accordance with the Central Bank of Trinidad and Tobago Payment Systems Oversight Guidelines, the Electronic Transfer of Funds Act, and all applicable financial-industry regulations. Drivers shall not independently accept or process card transactions, nor shall they use any personal payment terminal or electronic wallet to receive card payments. dlvrNOW acts as the limited payment collection agent solely for card-based transactions, and all card settlements shall be paid to Drivers net of Service Fees and lawful deductions.”
4. The Driver agrees that the delivery fees are recommended only and may collect the delivery fee directly from the User and act as limited payment collection agent for The Company for that portion of the delivery fees representing Service Fees.
5. Driver is responsible for issuing correct change to User and collecting the correct delivery fee and any delivery fee and Service Fee shortfall or overage shall be accounted for, and all shortfalls shall be borne by the Driver. Any overage which a User claims and proves as overpayment shall be accounted for and borne by Driver.
6. The Driver will provide at the completion of each Request, a receipt or confirmation of payment through the Driver App which shall act as your proof of receipt of the delivery fee from the User.
7. The Driver will then be responsible for remitting to The Company the Service Fees from each Request in accordance with the Service Fee calculation breakdown in the Driver App based on the delivery fee per Request.
8. The Driver may voluntarily accept a lower delivery fee from a User; however, Drivers shall not negotiate pricing, and any fee adjustments must occur strictly through the App, in which case The Company may but is not obligated to consider acceptance of a prorated lower Service Fee.
9. The Company reserves the right at its sole discretion to remove or adjust (whether temporarily or otherwise) all delivery fees and Service Fees for any of the services and shall give you notice of such changes.
10. The Company uses reasonable commercial efforts to inform you of discounts, Promo Codes, surges, hikes, and adjustments to delivery fees to ensure quality service.
11. Drivers must not use personal POS machines or electronic wallets for card collection.
12. Refund reviews may require identity verification in accordance with FIU-TT AML/CFT Guidelines issued under the Proceeds of Crime Act and FIU Act.
13. Refunds and adjustments shall comply with the Consumer Protection and Safety Act (Chap. 82:34).
14. Refunds must also comply with applicable standards enforced by the Trinidad and Tobago Fair Trading Commission.
15. Continued use of the Services after any such change in the delivery fees and Service Fees shall constitute your consent to such change.
    • Company reserves the right to adjust the delivery fee in certain circumstances including but not limited to
    • you took an inefficient route,
    • you failed to properly end a Request
    • technical errors in the Apps
16. in fraudulent circumstances. dlvrNOW shall manage all refund, reversal, and chargeback requests arising from Delivery Services (goods only). Where a User is eligible for a refund, dlvrNOW shall process such refund as soon as reasonably practicable following verification and internal review. Drivers shall not engage directly with Users regarding refunds, adjustments, or card disputes. Any repayment obligation owed by a Driver (including where the Driver collected cash or caused the need for a refund) shall be settled between the Driver and dlvrNOW only.
17. In no circumstance shall the Driver and User negotiate or settle refund or chargeback matters directly. Drivers must comply with dlvrNOW’s refund and dispute procedures to remain active on the platform.
18. Cancellation fees may be reduced only through App-based adjustments, not through direct negotiation.
19. Where a User may cancel a Delivery Request; cancellation fees may apply based on distance travelled by Driver or time invested to reach the pickup location. (‘Cancellation Fee’). The Cancellation Fee shall be remitted to the Driver by the Company, except where already collected through the App.
20. The Company shall, via the Driver App, provide a weekly breakdown of Service Fees and delivery fees for Driver per Request.
21. The Driver shall remit all Service Fees and other monies due to The Company weekly on Fridays.
22. Set off: Company may set off any Service Fee collected by you against any card collections made to Company in your favor.
23. Company shall not be deemed to have waived its right to any amounts owed by you if: (a) there are insufficient payment card delivery fees to set off against; (b) you do not timely repay any amounts owed The Company; or (c) Company elects to require a minimum amount owed prior to initiating collection efforts or otherwise delays collecting amounts owed by you. The Company reserves the right to suspend your account if you maintain a negative balance for more than one (1) week. With each payment statement, The Company shall report any offsetting and deductions.

7. Intellectual Property and Ownership:

1. You shall not, and shall not allow any other party to: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise provide or make available to any other party the Services, Driver App in any way; (b) modify or make derivative works based upon the Services or Driver App; (c) improperly use the Services or Driver App, including creating Internet ‘links’ to any part of the Services or Driver App, ‘framing’ or ‘mirroring’ any part of the Services or Driver App on any other websites or systems, or ‘scraping’ or otherwise improperly obtaining data from the Services or Driver App; (d) reverse engineer, decompile, modify, or disassemble the Services or Driver App except as allowed under applicable law; or (e) send spam or otherwise duplicative or unsolicited messages. In addition, you shall not, and shall not allow any other party to, access or use the Services or Driver App to: (i) design or develop a competitive or substantially similar product or service; (ii) copy or extract any features, functionality, or content thereof; (iii) launch or cause to be launched on or in connection with the Services an automated program or script, including web spiders, crawlers, robots, indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burden or hinder The Company the operation and/or performance of the Services; or (iv) attempt to gain unauthorized access to the Services or its related systems or networks, all except to the extent such actions must be allowed under law.
2. The Services, Driver App and Company Data, including all intellectual property rights therein, are and shall remain (as between you and Company) the property of Company, its licensors. Neither this Agreement nor your use of the Services, Driver App or Company Data conveys or grants to you any rights: (a) in or related to the Services, Driver App or Company Data, except for the aforementioned limited license granted or (b) to use or reference in any manner Company’s, or their respective licensors’ company names, logos, product and service names, trademarks, service marks or other indicia of ownership. Additionally, you acknowledge Company’s rights in the dlvrNOW family of trademarks and names, alone and in combination with other letters, punctuation, words, symbols and/or designs, The Company’s Logo, and taglines. You agree that you will not try to register or otherwise claim ownership in any of The Company’s Marks and Names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark or name.
3. All Ratings and feedback remain the property of the person giving the same (‘Rater’). The Rater grants Company the perpetual, irrevocable, royalty free right to use, display and share the said ratings and feedback in any manner connected with The Company’s business, without the need to verify the accuracy of the same.
4. Company is at liberty to edit or remove feedback that breach any laws or that contain inappropriate, obscene, or objectionable content as Company so deems.

8. Representations and Warranties; Disclaimers

1. By Driver. You hereby represent and warrant that: (a) you have full power and authority to enter into this Agreement and perform your obligations hereunder; (b) you have not entered into, and during the term will not enter into, any agreement that would prevent you from complying with this Agreement; and (c) you will comply with all applicable laws in your performance of this Agreement.
2. Disclaimer of Warranties. The Company provides, and you accept, the Services, Driver App on an ‘as is’ and ‘as available’ basis. The Company does not represent, warrant, or guarantee that your access to or use of the Services, Driver: (a) will be uninterrupted or error free; or (b) will result in any requests for Delivery Services. Company functions as an on-demand lead generation and related service only and makes no representations, warranties or guarantees as to the actions or inactions of the Users who may request or receive Delivery Services from you, and Company does not screen or otherwise evaluate Users. By using the Services and Driver App, you acknowledge and agree that you may be introduced to a third party (including Users) that may pose harm or risk to you or other third parties. You are advised to take reasonable precautions with respect to interactions with third parties encountered in connection with the use of the Services or Driver App. Company expressly denies all liability for any act or omission of you, any User or other third party.
3. No Service Guarantee. The Company does not guarantee the availability or uptime of the Services or Driver App. You acknowledge and agree that the Services or Driver App may be unavailable at any time and for any reason (e.g., due to scheduled maintenance or network failure). Further, the Services or Driver App may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, including outages caused by third-party telecom providers or payment networks regulated by the Central Bank of Trinidad and Tobago. The Company is not responsible for any delays, delivery failures or other damages, liabilities or losses resulting from such problems.

9. Indemnification:

1. Generally. You shall indemnify, defend (at Company’s option) and hold harmless Company and its respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including legal fees), damages, penalties, fines and taxes arising out of or related to: (a) your breach of your representations, warranties or obligations under this Agreement; or (b) a claim by a third party (including Users, regulators and governmental authorities) directly or indirectly related to related to your provision of Delivery Services (goods only), including but not limited to improper handling, damage to goods, breach of chain-of-custody, transport of prohibited items, unsafe driving, or any act or omission in violation of Trinidad and Tobago law or this Agreement. The Company also excludes any liability associated with unauthorized passenger transport.
2. Tax Indemnity. You shall comply with all your obligations under tax laws to the extent applicable to this Agreement. You shall indemnify The Company from all tax liabilities, duties, levies, claims and penalties that may be imposed on you or on The Company because of your failure to comply with any of your tax obligations. In particular, but without limitation to the foregoing, such taxes or duties shall include taxes, wages or other duties or withholdings (including any wage tax, national insurance premiums or employee insurance premium) arising in the event that the relationship described in this Agreement, contrary to the intention and meaning of the parties, should be held to be an employment agreement between The Company and you by the regulatory authorities in the Country.

10. Limits of Liability:

1. Company shall not be liable under or related to this Agreement for any of the following, whether based on contract, tort or any other legal theory, even if a party has been advised of the possibility of such damages: (i) any incidental, punitive, special, exemplary, consequential, or other indirect damages of any type or kind; or (ii) your or any third party’s property damage, or loss or inaccuracy of data, or loss of business, revenue, profits, use or other economic advantage. Except for Company’s obligations to pay amounts due to you pursuant to Clause 4 above, but subject to any limitations or other provisions contained in this agreement which are applicable thereto, in no event shall the liability of Company under this Agreement exceed the amount of Service Fees actually paid to or due to Company hereunder in the six (6) month period immediately preceding the event giving rise to such claim.
2. You acknowledge and agree that all claims you have or purport to have against Company should be notified to Company and/or its Affiliates within one (1) year after the event(s) that gave rise to such claim and that you forfeit all rights in respect of that claim if you fail to do so.
3. These limitations do not purport to limit liability that cannot be excluded under applicable law.

11. Confidentiality:

1. Each party acknowledges that, in the performance of this Agreement, it may access or be exposed to confidential information of the other party (“Confidential Information”). “Confidential Information” includes Company Data, Driver IDs, User Information, and all non-public business, financial, technical, operational, marketing, or strategic information—whether disclosed orally or in writing—that is designated as confidential or that a reasonable person would understand to be confidential. Confidential Information does not include anonymized or aggregated data that cannot reasonably be used to identify an individual.

   The Company shall collect, use, and retain all User and Driver information solely for the purposes of delivering its services and for the minimum period necessary, in accordance with the data-retention principles set out in the Trinidad and Tobago Data Protection Act (Parts I and II currently in force).

2. Each party acknowledges and agrees that: (a) all Confidential Information shall remain the exclusive property of the disclosing party; (b) it shall not use Confidential Information of the other party for any purpose except in furtherance of this Agreement; (c) it shall not disclose Confidential Information of the other party to any third party, except to its employees, officers, contractors, agents and service providers (‘Permitted Persons’) as necessary to perform under this Agreement, provided Permitted Persons are bound in writing to obligations of confidentiality and non-use of Confidential Information no less protective than the terms hereof; and (d) it shall return or destroy all Confidential Information of the disclosing party upon the termination of this Agreement or at the request of the other party (subject to applicable law and, with respect to Company, its internal record-keeping requirements.
3. Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (a) is or becomes part of the public domain through no act or omission on the part of the receiving party; (b) was possessed by the receiving party prior to the date of this Agreement without an obligation of confidentiality; (c) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto; or (d) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, provided the receiving party notifies the disclosing party thereof and provides the disclosing party a reasonable opportunity to contest or limit such required disclosure.
4. Subject to all applicable laws, Company may provide to a third party any information (including personal data and any Company Data) about you provided hereunder if: (a) there is a complaint, dispute or conflict, including an accident, between you and a User; (b) it is necessary to enforce the terms of the Agreement; (c) it is required, in Company’s sole discretion, by applicable law or regulation; (d) it is necessary, in Company’s sole discretion, to (1) protect the safety, rights, property or security of Company, the Services or any third party, (2) detect, prevent or otherwise address fraud, security or technical issues, and/or (3) prevent or stop activity which Company, in their sole discretion, consider to be, or to pose a risk of being, illegal, unethical, or legally actionable; or (e) it is required or necessary, in Company’s sole discretion, for insurance or other purposes related to your ability to qualify, or remain qualified, to use the Services. You understand that The Company may retain your personal data for legal, regulatory, safety and other necessary purposes after this Agreement is terminated.
5. Your personal data will be directly transferred to and processed by The Company, acting in its capacity as a data controller of such personal data. The Company processes personal data in accordance with the Trinidad and Tobago Data Protection Act 2020 and its Privacy Policy available on the Company’s website.
6. User and Driver personal data shall be retained only for the minimum period necessary in accordance with the data-minimization and purpose-limitation principles set out in Parts I & II of the Trinidad and Tobago Data Protection Act (currently in force). Data that is no longer required for lawful processing activities shall be securely deleted, anonymized, or archived in compliance with the Act’s storage-limitation principle. Drivers acknowledge dlvrNOW’s right and obligation to maintain transaction and identification records for statutory periods prescribed under Trinidad and Tobago law.
7. Where the processing of personal data involves transfer to or access by third-party providers located outside Trinidad and Tobago, dlvrNOW shall ensure that such transfers are subject to safeguards that ensure an adequate level of protection consistent with internationally recognized data-transfer safeguards and in accordance with any data-security or third-party-processing advisories issued by the Central Bank of Trinidad and Tobago. This includes implementing appropriate safeguards such as adequacy decisions, contractual clauses, or legally recognized transfer mechanisms. Drivers consent to such lawful transfers as necessary for the operation of dlvrNOW’s platform and services.

12. Deactivation and Termination:

1. Company may at its sole discretion, with or without cause, deactivate your Account (temporarily or permanently) and/or suspend, withdraw, deny, withhold or terminate the Services upon written notice (7 days without cause and forthwith for cause) and/or this Agreement (in whole or part) at its sole discretion including but not limited to breach of agreement or negligence by Driver, force majeure or for any reason whatsoever, (‘Deactivation’)
2. Upon deactivation of your Account and/or Termination of this Agreement you shall delete all Apps from your mobile device.
3. Upon Deactivation Driver will forthwith settle all outstanding amounts due to Company and thereafter subject to Driver settling all monies due to Company, Company will settle all monies due to Driver.
4. Immediate deactivation applies for transporting unauthorized passengers or transporting prohibited, restricted, or improperly declared dangerous goods.

13. Miscellaneous:

1. No Partnership. You acknowledge and agree that:
   • The Company’s provision to you of the Driver App and the Services creates a contractual legal and direct business relationship between The Company and you.
   • Company does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including your provision of Delivery Services, your acts or omissions, or your operation and maintenance of your Vehicle and nothing herein constitutes employment under Trinidad and Tobago labour laws.
   • You have the sole right to determine when and for how long you will use the Driver App or the Services.
   • Unless specifically stated and to the extent so specified in this Agreement nothing in the Agreement creates any partnership, joint venture or employer-employee relationship between Company and Driver.
   • Driver remains an independent party that is free to use and end the use of the Apps at Driver’s sole discretion.
   • The Driver will not hold himself out to be a servant, agent, or representative of the Company.
   • This Agreement does not constitute employment under the labour laws of Trinidad and Tobago. Driver remains an independent contractor responsible for NIS, PAYE (if applicable), income tax reporting, and all statutory obligations.
2. Singular, Plural Male Female: Words used in this Agreement in the singular, where the context so permits, shall be deemed to include the plural and vice versa. Where the context so requires, the use of the masculine gender shall include the feminine and/or neuter genders and the singular shall include the plural, and vice versa, and the word party or person shall include any corporation, firm, partnership, or other form of association.
3. Modification. The Company reserves the right to modify the terms and conditions of this Agreement at any time, effective upon publishing an updated version of this Agreement on the online portal available to you on the Services. The Company reserves the right to modify any information referenced at hyperlinks from this Agreement. You hereby acknowledge and agree that, by using the Services, or downloading, installing, or using the Driver App, you are bound by any future amendments and additions to this Agreement, information referenced at hyperlinks herein, or documents incorporated herein, including with respect to delivery fee Calculations. Continued use of the Services or Driver App after any such changes shall constitute your consent to such changes.
4. Supplemental terms may apply to your use of the Services, such as use policies or terms related to certain features and functionality, which may be modified from time to time (‘Supplemental Terms’). You may be presented with certain Supplemental Terms sometimes. Supplemental Terms are in addition to, and shall be deemed a part of, this Agreement. Supplemental Terms shall prevail over this Agreement in the event of a conflict.
5. Severability. If any provision of this Agreement is held to be illegal, invalid, or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement but the legality, validity and enforceability of the remainder of this Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable (part of the) provision with a (part of a) provision that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable (part of the) provision, given the contents and purpose of this Agreement.
6. Assignment. You may not assign or transfer this Agreement or any of your rights or obligations hereunder, in whole or in part, without the prior written consent of The Company. The Company may assign or transfer this Agreement or any or all its rights or obligations hereunder, in whole or in part, under this Agreement without consent or notification. Should The Company do so, you have the right to terminate this Agreement immediately, without prior notice.
7. Entire Agreement. This Agreement, including the recitals and all Supplemental Terms, constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In this Agreement, the words ‘including’ and ‘include’ mean ‘including, but not limited to.’ The recitals form a part of this Agreement.
8. No Third-Party Beneficiaries. This Agreement creates no rights in, and shall not be enforceable by, any third party. Nothing in this Agreement shall be construed as granting any third-party beneficiary status or permitting any third-party claims. This exclusion does not limit or affect the parties’ obligations to comply with applicable Trinidad and Tobago banking regulations, the Electronic Funds Transfer Act, the Central Bank of Trinidad and Tobago Payment Systems Oversight Guidelines, or any recognized card-scheme compliance requirements.
9. Notices. Any notice delivered by The Company to you under this Agreement will be delivered by email to the email address associated with your account, via in-App notification within the Driver App or by posting on the online portal available to you on the Services. Any notice delivered by you to The Company under this Agreement will be delivered 48 hours (about 2 days) after mailing or posting (if sent by first class mail or pre-paid post) to our registered address.
10. Waiver: Company’s failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing.
11. Survival: This clause is deliberately omitted.

14. Arbitration:

By agreeing to the Terms, you agree that:

1. All disputes you raise with Company (including but not limited to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services) shall be resolved on an individual basis through arbitration, administered under the Dispute Resolution Centre of Trinidad and Tobago Rules where applicable and governed by the Arbitration Act of Trinidad and Tobago (Chap. 5:01) and such decision of arbitration shall be binding and final.
2. You shall resolve any claim against The Company individually and shall not take part (therefore waiving all rights to trial by the Courts) in any current or future class, consolidated or representative action against The Company.
3. You and Company retain the right to bring an individual action in the Magistrates’ Court of Trinidad and Tobago or High Court where applicable, and the right to seek injunctive or other equitable relief in a Court of competent authority to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
4. You and The Company shall mutually agree to one arbitrator from the Dispute Resolution Centre of Trinidad and Tobago to hear and determine the dispute. If the parties cannot agree on the arbitrator within one week of delivery of the written demand for arbitration by a party, the Dispute Resolution Centre of Trinidad and Tobago shall appoint one.
5. The parties may mutually select a venue (for cost savings purposes) subject to agreement by the selected arbitrator. The arbitrator shall direct the extent for a reasonable exchange of evidence and arguments and information between the parties (which need not follow Civil Practice Rules) before a hearing.
6. All arbitration hearings shall occur within Trinidad and Tobago unless mutually agreed otherwise.
7. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. The Arbitrator will determine the extent to which the parties recover legal fees and costs.