Last Updated April 27, 2020
“Bypasslines” means Bypasslines, LLC. and any subsidiaries of Bypasslines, LLC. (including any subsidiaries that Bypasslines, LLC. may form or acquire in the future). We also refer to Bypasslines as “we,” “us” and “our.” But when we say “Bypasslines Entities,” we mean Bypasslines and its affiliates; its and their suppliers, vendors, contractors, and licensors; and its and their directors, officers, employees, and agents.
“Data” or “Bypasslines Data” means all data available to you related to the access and use of the Bypasslines App – Driver Program, including all Product data, information about a receiving party, and all data related to the provision of Delivery Services via the Bypasslines App – Driver Program.
“Delivery Information” means information about a receiving party made available to you in connection with the Delivery Services, which may include a receiving party’s name, pick-up or drop-off location, and contact information.
“Delivery Services” means your provision of delivery services as an independent contractor transporting the Products via the Bypasslines App – Driver Program.
“Device” means a mobile device owned or controlled by you on which the Bypasslines App – Driver Program has been installed solely for the purpose of providing Delivery Services. To the extent such Device is owned by you, the Device shall meet the then current Company specifications for mobile devices with minimal iOS version of 11.
“Bypasslines App – Driver Program” means the mobile application provided by Bypasslines for the purpose of providing Delivery Services or Permissive Services.
“Product” means all items that are delivered by you to utilizing the Bypasslines App – Driver Program.
“Permissive Services” means your provision of any service, other than “Delivery Services,” offered by non-Bypasslines providers, through the Bypasslines App – Driver Program, at Bypasslines’s discretion, for your permissive use.
“Territory” means the city, metro areas, or market in your country in which you are enabled by the Bypasslines App – Driver Program to provide Delivery Services.
“Vehicle” means the vehicle controlled or owned by you, which is used for the purpose of providing Delivery Services.
“You” or “your” means you.
BYPASSLINES DOES NOT PROVIDE DELIVERY SERVICES. INDEPENDENT CONTRACTORS OFFER DELIVERY SERVICES THROUGH USE OF THE BYPASSLINES APP – DRIVER PROGRAM. BYPASSLINES OFFERS INFORMATION AND A METHOD FOR INDEPENDENT CONTRACTORS TO IDENTIFY BUSINESS OPPORTUNITIES THROUGH THE BYPASSLINES APP – DRIVER PROGRAM, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE DELIVERY SERVICES AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY INDEPENDENT CONTRACTOR THAT USES THE BYPASSLINES APP – DRIVER PROGRAM.
- Use of the Bypasslines App – Driver Program
- Your Relationship with Receiving Parties. You acknowledge and agree that you are responsible for taking such precautions as may be reasonable and proper in connection with your interaction with parties to whom Delivery Services are being provided (“Receiving Parties”) that arise from your provision of Delivery Services, Permissive Services, or use of the Bypasslines App – Driver Program. Bypasslines is not responsible or liable for the actions or inactions of a Receiving Party in relation to you while conducting Delivery Services or Permissive Services.
- Devices. You are responsible for the acquisition, cost and maintenance of your Devices as well as any necessary wireless data plan. With respect to the Bypasslines App – Driver Program, Bypasslines shall make available the Bypasslines App – Driver Program for installation on the Device. You agree that: (i) use of the Bypasslines App – Driver Program on your Device requires an active data plan with a wireless carrier associated with your Device, which data plan will be provided by you at your own expense; and (ii) use of the Bypasslines App – Driver Program on your Device as an interface may consume very large amounts of data through the data plan. BYPASSLINES ADVISES THAT YOUR DEVICE ONLY BE USED UNDER A DATA PLAN WITH UNLIMITED OR VERY HIGH DATA USAGE LIMITS, AND BYPASSLINES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FEES, COSTS, OR OVERAGE CHARGES ASSOCIATED WITH ANY DATA PLAN.
- Location Based Services. You acknowledge and agree that your geo-location information must be provided to the Bypasslines App – Driver Program via the Device in order to provide Delivery Services or Permissive Services. You acknowledge and agree that: (a) your geo-location information may be obtained by the Bypasslines App – Driver Program while it is running; and (b) Bypasslines is not responsible for the accuracy of your geo-location information. In aBDPtion, Bypasslines may monitor, track and share with third parties your geo-location information obtained by the Bypasslines App – Driver Program and the Device for operational and safety and security purposes related to the Bypasslines App – Driver Program, Delivery Services, and Permissive Services.
In connection with the Bypasslines App – Driver Program, you will not:
- Make available through or in connection with the Bypasslines App – Driver Program any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
- Use the Bypasslines App – Driver Program for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the Bypasslines Sites.
- Interfere with or disrupt the operation of the Bypasslines App – Driver Program or the systems, servers, or networks used to make the Bypasslines App – Driver Program available, including by hacking or defacing any portion of the Bypasslines App – Driver Program; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the Bypasslines App – Driver Program.
- Reverse engineer, decompile, or disassemble any portion of the Bypasslines App – Driver Program, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark, or other proprietary rights notice from the Bypasslines App – Driver Program.
- Frame or mirror any portion of the Bypasslines App – Driver Program, or otherwise incorporate any portion of the Bypasslines App – Driver Program into any product or service, unless you obtain Bypasslines’s express prior written consent to do so.
- Systematically download and store any Bypasslines Data.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Bypasslines Data, or reproduce or circumvent the navigational structure or presentation of the Bypasslines App – Driver Program, without Bypasslines’s express prior written consent.
- Cause injury to any person or entity.
- You will not use the Bypasslines App – Driver Program or Bypasslines’s name, logo, or brand to:
- send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or
- use any meta tags or other hidden text or metadata utilizing a Bypasslines trademark, logo, URL, or product name without Bypasslines’s written consent;
- Proprietary Rights
- Bypasslines’s Rights to Use Content and Idea. You grant to Bypasslines a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that Bypasslines is free to use any ideas for any purpose. Bypasslines may sublicense its rights in Content and ideas through multiple tiers of sublicenses. Bypasslines is, and will be, under no obligation (1) to maintain any Content or idea in confidence; (2) to pay any compensation for any Content or idea; or (3) to respond to any Content or idea. You grant to Bypasslines the right to use any name associated with any Content or idea that you make available to Bypasslines, although Bypasslines has no obligation to exercise such right, or to otherwise provide any attribution for any Content or idea.
- Prohibited Content. You agree that you will not make available Content in connection with the Bypasslines App – Driver Program that:
- is false, fraudulent, inaccurate, or misleading;
- contains your full name(s), or any other confidential personally identifiable information of yourself or others;
- violates any local, state, federal, or international laws or is otherwise tortious;
- is protected by or would infringe on the rights of others (including Bypasslines), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
- is obscene, indecent, pornographic, or otherwise objectionable;
- is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Bypasslines in its sole discretion;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
- contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Bypasslines;
- contains or relates to chain letters or pyramid schemes;
- impersonates another business, person, or entity, including Bypasslines, its related entities, employees, and agents;
- violates any policy posted on the Bypasslines App – Driver Program; or
- is intended to cause harm, damage, disable, or otherwise interfere with the Bypasslines App – Driver Program or our partners.
You acknowledge and agree that when using the Bypasslines App – Driver Program, you may have direct or indirect access or exposure to Bypasslines’s confidential information (“Confidential Information”). Confidential Information includes, but is not limited to:
- information, processes, designs and data concerning Bypasslines’s business;
- customer names, addresses and contact persons;
- rates, rating methods and billing practices;
- delivery provider information;
- the names, addresses and information pertaining to Bypasslines employees or other contractors serving Bypasslines; and
- methods, formulae, transaction volume, marketing and business plans, and such other nonpublic information (whether disclosed in writing or verbally) that Bypasslines designates as being proprietary or confidential or that you should reasonably know to treat as confidential.
You acknowledge and agree that:
- all Confidential Information shall remain the exclusive property of the Bypasslines;
- you shall not use Confidential Information for any purpose except in furtherance of your use of the Bypasslines App – Driver Program;
- you shall not disclose Confidential Information to any third party; and
- you shall not store or keep Confidential Information and shall return or destroy (with confirmation of destruction) all Confidential Information upon the termination of your use of the Bypasslines App – Driver Program or at the request of Bypasslines.
Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it:
- is or becomes part of the public domain through no action or omission by you;
- was possessed by you prior to your use of the Bypasslines App – Driver Program without an obligation of confidentiality; or
- is disclosed to you by a third party having no obligation of confidentiality with respect thereto.
- Monitoring by Bypasslines.
You acknowledge that any personal information that you provide through the Bypasslines App – Driver Program will be used by Bypasslines in accordance with Bypasslines’s Delivery Services Bypasslines Privacy Statement.
- Representations and Warranties.
You hereby represent and warrant that:
Bypasslines reserves the right to deactivate or restrict you from accessing the Bypasslines App – Driver Program in Bypasslines’s sole and absolute discretion. The Bypasslines App – Driver Program may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Bypasslines is not responsible for any delays, delivery failures, or other economic damage resulting from such problems.
- Indemnification and Disclaimer of Warranties
- Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, BYPASSLINES WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE BYPASSLINES APP – DRIVER PROGRAM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A BYPASSLINES ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO BYPASSLINES ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY RECEIVING PARTY, OR OTHER USER OF THE BYPASSLINES APP – DRIVER PROGRAM.
- Term and Termination
- Relationship of the Parties
- You and Bypasslines expressly agree that: (a) these Terms are not an employment agreement, nor do they create an employment relationship, between Bypasslines and you; and (b) no joint venture, partnership, or agency relationship exists between Bypasslines and you.
- You have no authority to bind Bypasslines and you undertake not to hold yourself out as an employee, agent or authorized representative of Bypasslines. Where, by implication of mandatory law or otherwise, you may be deemed an agent or representative of Bypasslines, you undertake and agree to indemnify, defend (at Bypasslines’s option) and hold Bypasslines harmless from and against any claims by any person or entity based on such implied agency or representative relationship.
- Disputes & Arbitration; Applicable Law
- Informal Negotiations. To expedite resolution and reduce the cost of a dispute, controversy or claim between Bypasslines and you (“the Parties”), the Parties, agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating any arbitration proceeding. Such informal negotiations will commence upon written notice, which Bypasslines shall send to you at the address indicated below; and which you shall submit to Bypasslines at email@example.com. Any applicable statute of limitation will be tolled during the period starting with the commencement of this informal negotiation period until either Party provides written notice to the other Party that informal negotiations have concluded. Once the 15 days have passed – there is no further action to pursue by the complainant.
- Where Bypasslines requires that you provide an e-mail address, you are responsible for providing Bypasslines with your most current e-mail address. In the event that the last e-mail address you provided to Bypasslines is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, Bypasslines’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
- For contractual purposes, you (1) consent to receive communications from Bypasslines in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Bypasslines provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.
- Bypasslines shall not be a party to any Permissive Services that you elect to engage in within the Bypasslines App – Driver Program. Bypasslines makes no representation or warranty related to such Permissive Services offers. You elect to engage in such Permissive Services at your own risk.
- Notice Regarding Apple
- You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Bypasslines Delivery Services Privacy Statement
This Driver Privacy Statement was last updated on August 5, 2020.
This is the Bypasslines Delivery Services Privacy Statement (hereinafter referred to as the “Driver Privacy Statement”) for the Delivery Program and use of the Bypasslines App – Delivery Program. The Driver Privacy Statement does not apply to information collected from you by a provider of Permissive Service offers you elect to engage with through the Bypasslines App – Driver Program. You are contracting as an independent contractor with Bypasslines Delivery program (“BDP”) As an independent contractor you may deliver merchandise from Restaurants using Bypasslines that sell and deliver to customers. Please review this Driver Privacy Statement carefully.
Your personal information will be collected as part of the onboarding process with BDP and the activities you undertake as an independent contractor in the Delivery Program. This Driver Privacy Statement explains how your personal information will be used as part of the Delivery Program and use of the Bypasslines App – Driver Program. By providing services as a part of the Delivery Program and using the Bypasslines App – Driver Program, you are consenting to this Driver Privacy Statement and all its terms.
- Your Information
- Driver Registration Information. Independent contractors, who provide services pursuant to the Delivery Program, must provide BDP with personal information to complete your registration and deliver items to customers. Registration information that may be collected from you includes, but is not limited to, your name, contact information, date of birth, physical address, Social Security number, driver’s license information, driving record, vehicle information, vehicle insurance information, and business license or permitting information. This information may be shared with service partners, including Bypasslines, who help manage the Delivery Program.
- Payment Information. Information about your bank routing numbers, tax information, and other payment information provided by you may be collected in order to compensate you for your services.
- Location Information. Your location will be tracked as long as the Bypasslines App – Driver Program, which you will use as a participant in the Delivery Program, on your mobile device, is running, regardless of whether it is running in the foreground or background. If you label certain locations, such as “home” and “work,” that information may also be collected. Aside from using the location information to track deliveries, this information may also be used to conduct logistical and business analytics. If you give us permission through your device settings, or the Bypasslines App – Driver Program, Bypasslines may collect location data while the app is off in order to communicate available deliveries to you and conduct analytics designed to improve the Delivery Program.
- Device Information. In order to effectively send and receive information through the Bypasslines App – Driver Program, Bypasslines must receive information about your mobile device. This can include IP addresses, web browser type, mobile operating system version, phone carrier and manufacturer, application installations, device identifiers, mobile advertising identifiers, push notification tokens, and, if you register from a social media account, an identifier related to that account. Bypasslines may also collect mobile sensor data from your mobile device to improve location accuracy. This information may be shared with third party partners that support the Bypasslines App – Driver Program.
- Usage Information. To help make improvements to the Bypasslines App – Driver Program, information about your interactions with the app, like the pages or other content you view while the app is open, the actions you take within the app itself, and the dates and times you opened the app will be collected. This information may be shared with third party partners that support the Bypasslines App – Driver Program.
- Call and Text Information. When you choose to accept a delivery order, Bypasslines may interact with you through telephone, SMS text messages, and push notifications in order to facilitate the accurate and timely delivery of the order. As part of that process, information will be collected about these communications including the date and time of the call, push notification, or SMS message, the parties’ phone numbers, and the content of any SMS messages and push notifications. For security purposes, Bypasslines may also monitor and/or record the contents of phone calls or SMS messages that are made to, or from, Bypasslines related to a delivery order. By registering with the Delivery Program, you are expressly consenting to receive SMS text messages and push notifications from Bypasslines as part of the Program.
- Background Information on Drivers. Third party partners perform driving record and criminal background checks on independent contractors that apply with BDP to provide services through the Delivery Program. Bypasslines will receive information from them such as publicly available information about an independent contractor driver’s driving record or criminal history.
- How Bypasslines Will Use Your Information
Any information you consent to Bypasslines obtaining may be used to operate and improve the Delivery Program. Such uses may include, but may not be limited to, the following activities:
- To display available deliveries to independent contractors;
- To update applicants on the status of an independent contractor registration;
- To notify independent contractors about delivery demand and compensation;
- To calculate auto insurance policies and analyzing usage patterns for safety and insurance purposes;
- Provide, improve, expand, and promote the Delivery Program;
- Analyze how the driver community uses the Delivery app;
- Communicate with you, either directly or through one of our third party partners;
- Send you text messages and push notifications;
- Facilitate transactions and payments;
- Provide you with support;
- Find and prevent potential fraudulent activities; and
- Respond to trust and safety issues that may arise, including auto incidents, disputes regarding deliveries, and requests from government authorities.
- Other Limited Sharing Situations
There may be limited situations, outside the normal course of business, where Bypasslines needs to share information with the Bypasslines family of companies, or unaffiliated third parties. Such situations might include, but may not be limited to:
- If there is a change of corporate control such as a restructuring, merger or sale of our assets;
- If a law enforcement official or government authority requests information and Bypasslines reasonably believe that disclosure is required or appropriate in order to comply with laws, regulations, or a legal process;
- If the information is necessary to comply with a legal requirement or process, including but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures;
- If the information is relevant to an accident involving a driver, and insurance providers request such information;
- To provide information about the use of the Delivery Program to potential business partners in aggregated or de-identified form that can’t reasonably be used to identify you; and
- At the direction of you or the provider of a Permissive Service offer, to facilitate the delivery of information to the provider of a Permissive Service; and
- Any other situation where such information is necessary to ensure the effective operation of the Delivery Program (in which case such information will be limited to the minimum amount and type of information that is reasonably necessary to accomplish such operations).
How to Contact Us
If you have any questions or comments, please contact us using the contact details provided through the firstname.lastname@example.org