Bypasslines App and Online – Driver Program Terms of Use

Last Updated April 27, 2020

 

your These Terms of Use (the “Terms of Use”) govern your access to and use of the Bypasslines App and Online – Driver Program (“Bypasslines App – Driver Program”). By accessing or using the Bypasslines App – Driver Program, you affirm that you are of legal age to enter into these Terms of Use. If you violate or do not agree to these Terms of Use, then your access to and use of the Bypasslines App – Driver Program is unauthorized.

 

UPDATES:  We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use available through the Bypasslines App – Driver Program.   Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notify you of such changes.  By continuing to use or access any of the Bypasslines App – Driver Program after we post any changes, you accept the updated Terms of Use.  The “Last Updated” legend above indicates when these Terms of Use were last changed.

 

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.  YOU WILL BE BOUND BY THIS ARBITRATION PROVISION UNLESS YOU OPT OUT AS PROVIDED IN THE PROVISION.

 

  1. Definitions

 

“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.

 

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS:  While there are important points throughout these Terms of Use, please note the warranty disclaimers and limitations on Bypasslines’s liability explained in Sections 7, 8 and 9, respectively.

 

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.

 

  1. Use of the Bypasslines App – Driver Program
  2. Provision of Delivery Services. You may only use this Bypasslines App – Driver Program in connection with Delivery Services and any other Permissive Services offered in Bypasslines’s sole discretion through the Bypasslines App – Driver Program. You will not use or access the Bypasslines App – Driver Program for any other unauthorized purpose. An individual Delivery Service posted on the Bypasslines App – Driver Program may contain specific instructions or reference specific instructions housed elsewhere, each of which become a performance expectation under these Terms of Use when you accept the Delivery Service offer. You acknowledge that there may be other terms governing your provision of Delivery Services or Permissive Services that are in aBDPtion to these Terms of Use.
  3. 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.
  4. 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.
  5. 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.
  6. Account Information; Prohibitions. You certify that any content you provide on or through the Bypasslines App – Driver Program (“Content”) is accurate and that the information you provide on or through the Bypasslines App – Driver Program is complete. You are solely responsible for maintaining the confidentiality and security of your account including username and password. Bypasslines is not responsible for any losses arising out of the unauthorized use of your account. You agree that Bypasslines does not have any responsibility if you lose or share access to your Device. Your account may be restricted or terminated for violating these Terms of Use or upon termination of your agreement to be an independent contractor making deliveries to Bypasslines customers or failure to meet any associated service requirements. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Bypasslines App – Driver Program, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Bypasslines App – Driver Program.

In connection with the Bypasslines App – Driver Program, you will not:

  • Make available any Content through or in connection with the Bypasslines App – Driver Program that is or may be in violation of the content guidelines set forth in these Terms of Use.
  • 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.
  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Bypasslines App – Driver Program except as expressly authorized in these Terms of Use, without Bypasslines’s express prior written consent.
  • 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.
  • Violate any law, rule, or regulation, or these Terms of Use.
  • You will not use the Bypasslines App – Driver Program or Bypasslines’s name, logo, or brand to:
  1. send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or
  2. use any meta tags or other hidden text or metadata utilizing a Bypasslines trademark, logo, URL, or product name without Bypasslines’s written consent;
  • You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.

 

  1. Proprietary Rights
  2. License Grant. Subject to the terms and conditions of these Terms of Use, Bypasslines hereby grants you a non-exclusive, non-transferable, non-sublicensable, non-assignable license, during the term of these Terms of Use, to use the Bypasslines App – Driver Program on Devices solely for the purpose of providing Delivery Services to Receiving Parties. All rights not expressly granted to you are reserved by Bypasslines and their respective licensors. The foregoing license grant shall immediately terminate and you will delete and fully remove the Bypasslines App – Driver Program from the Devices in the event that you cease to provide Delivery Services.
  3. Ownership. The Bypasslines App – Driver Program and all Bypasslines Data, including all intellectual property rights therein, are and shall remain the property of Bypasslines or their respective licensors. Neither these Terms of Use nor your use of the Bypasslines App – Driver Program or Bypasslines Data conveys or grants to you any rights in or related to the Bypasslines App – Driver Program or Bypasslines Data, except for the limited license granted above. Other than as specifically permitted by Bypasslines in connection with the Bypasslines App – Driver Program, you are not permitted to use or reference in any manner Bypasslines’s or their respective licensors’ company names, logos, products and service names, trademarks, service marks, trade dress, copyrights or other indicia of ownership, alone and in combination with other letters, punctuation, words, symbols and/or designs (the “Bypasslines Marks and Names”) for any commercial purposes. You agree that you will not try to register or otherwise use and/or claim ownership in any of the Bypasslines Marks and Names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark, name or title, for any goods and services.
  4. 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.
  5. 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.

 

  1. Confidentiality.

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:

  1. information, processes, designs and data concerning Bypasslines’s business;
  2. customer names, addresses and contact persons;
  3. rates, rating methods and billing practices;
  4. delivery provider information;
  5. the names, addresses and information pertaining to Bypasslines employees or other contractors serving Bypasslines; and
  6. 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:

  1. all Confidential Information shall remain the exclusive property of the Bypasslines;
  2. you shall not use Confidential Information for any purpose except in furtherance of your use of the Bypasslines App – Driver Program;
  3. you shall not disclose Confidential Information to any third party; and
  4. 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:

  1. is or becomes part of the public domain through no action or omission by you;
  2. was possessed by you prior to your use of the Bypasslines App – Driver Program without an obligation of confidentiality; or
  3. is disclosed to you by a third party having no obligation of confidentiality with respect thereto.

 

  1. Monitoring by Bypasslines.

Bypasslines will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the Bypasslines App – Driver Program, including to determine compliance with these Terms of Use and any other operating rules that may be established by Bypasslines from time to time. Bypasslines will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the Bypasslines App – Driver Program, for any reason, including violation of these Terms of Use, whether for legal or other reasons. Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify Bypasslines for all claims resulting from any Content you make available.

 

  1. Privacy.

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.

 

You further acknowledge that any personal information that you provide through the Bypasslines App – Driver Program for Permissive Services will be used by non-Bypasslines owned and managed providers, in accordance with the terms of the privacy policies and terms of use published by such providers, for purposes of facilitating the Permissive Services as well as other purposes that may be specified in the policies and terms of use of such providers.

 

http://corporate.Bypasslines.com/privacy-security/Bypasslines-privacy-policy.

 

  1. Representations and Warranties.

You hereby represent and warrant that:

  1. you have full power and authority to enter into these Terms of Use and perform your obligations hereunder
  2. you have not entered into, and during the term will not enter into, any agreement that would prevent you from complying with these Terms of Use; and
  3. you will comply with all applicable laws in your performance of these Terms of Use, including holding and complying with all permits, licenses, registrations and other governmental authorizations necessary to provide Delivery Services or otherwise use the Bypasslines App – Driver Program.

It is solely your responsibility to comply in all respects with all laws, rules, regulations, orders, codes and ordinances applicable to all aspects of the Delivery Services, Permissive Services, and use of Bypasslines App – Driver Program (“Applicable Law”). Neither Bypasslines nor any of its affiliates are responsible for verifying or instructing you with respect to Applicable Law and will not provide legal advice in connection with Applicable Law or these Terms of Use.

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.

 

  1. Indemnification and Disclaimer of Warranties
  2. Indemnification. You shall indemnify, defend (at Bypasslines’s option) and hold harmless Bypasslines and its Affiliates and their respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including legal fees), damages, penalties, fines, social security contributions and taxes arising out of or related to: (a) your breach of your representations, warranties or obligations under these Terms of Use; or (b) a claim by a third party (including Receiving Parties, regulators and governmental authorities) directly or indirectly related to your provision of Delivery Services, the Permissive Services, or use of the Bypasslines App – Driver Program.
  3. Disclaimer of Warranties. THE BYPASSLINES APP – DRIVER PROGRAM, AND ALL BYPASSLINES DATA, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BYPASSLINES APP – DRIVER PROGRAM, ARE PROVIDED BY BYPASSLINES ON AN “AS IS” AND “AS AVAILABLE” BASIS.  NO BYPASSLINES ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BYPASSLINES APP – DRIVER PROGRAM OR THE BYPASSLINES DATA, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BYPASSLINES APP – DRIVER PROGRAM.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE BYPASSLINES ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WITHOUT LIMITING THE FOREGOING, THE BYPASSLINES ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY USE OF THE BYPASSLINES APP – DRIVER PROGRAM.  YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE BYPASSLINES APP – DRIVER PROGRAM IS AT YOUR SOLE RISK.  THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE BYPASSLINES APP – DRIVER PROGRAM AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE BYPASSLINES APP – DRIVER PROGRAM MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES.  YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO BYPASSLINES ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM YOUR ACCESS OR DOWNLOAD FROM THE BYPASSLINES APP – DRIVER PROGRAM.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

 

  1. 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.

 

  1. Term and Termination

These Terms of Use are effective unless and until terminated by either you or Bypasslines.  You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Bypasslines App – Driver Program.  We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the Bypasslines App – Driver Program for violating these Terms of Use or upon termination of your agreement to be an independent contractor making deliveries to Bypasslines customers or failure to meet any associated service requirements.  Upon any termination of these Terms of Use by either you or Bypasslines, you must promptly destroy all Bypasslines Data and other Content downloaded or otherwise obtained from the Bypasslines App – Driver Program, as well as all copies of such Bypasslines Data, whether made under these Terms of Use or otherwise.  The following sections will survive any termination of these Terms of Use: “Proprietary Rights,” “Monitoring by Bypasslines,” “Privacy,” “Indemnification,” “Termination,” “Disclaimer of Warranties,” “Limitation of Liability,” “Disputes & Arbitration,” and “General”.

 

  1. Relationship of the Parties
  2. 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.
  3. 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.

 

  1. Disputes & Arbitration; Applicable Law

 

PLEASE READ THIS SECTION CAREFULLY.  IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.  IT IS YOUR SOLE RESPONSIBILITY TO READ AND UNDERSTAND THESE TERMS OF USE AND ITS ARBITRATION PROVISION. YOU AGREE TO NOT HOLD BYPASSLINES TO ANY LIABLE CLAIM OR ANY SORT DURING THE TIME PROVIDING SERVICES TO THE DELIVERY PROGRAM. YOU ARE FREE TO SEEK ASSISTANCE OR ADVICE FROM AN ADVISOR OF YOUR CHOICE REGARDING THESE TERMS OF USE IF YOU SO CHOOSE. USING OR ACCESSING THE BYPASSLINES APP – DRIVER PROGRAM CONSTITUTES YOUR ACCEPTANCE OF THIS ARBITRATION PROVISION.

 

 

  1. 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 info@bypasslines.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.

 

  1. General
  2. These Terms of Use represent the complete agreement and understanding between you and Bypasslines with regard to Delivery Services and supersedes all prior agreements and representations with respect to the subject matter of these Terms of Use.
  3. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Bypasslines.
  4. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflicts of laws principles. The law governing the Arbitration Provision is set forth in Section 12, B.
  5. Headings in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.
  6. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect.
  7. The failure of Bypasslines to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit Bypasslines’s rights with respect to such breach or any subsequent breaches.
  8. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent.  We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction.
  9. 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.
  10. 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.
  11. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.”  Notices to you (including notices of changes to this these Terms of Use) may be made via posting to the Bypasslines App – Driver Program or by e-mail (including in each case via links), or by regular mail.
  12. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  13. 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.
  14. Notice Regarding Apple

In aBDPtion to your agreement with these Terms of Use, the following provisions apply with respect to your use of any version of the Bypasslines App – Driver Program compatible with the iOS operating system of Apple Inc.  (“Apple”):

  1. Apple is not a party to these Terms of Use and does not own and is not responsible for the Bypasslines App – Driver Program.  Apple is not providing any warranty for the Bypasslines App – Driver Program except, if applicable, to refund the purchase price for it.  Apple is not responsible for maintenance or other support services for the Bypasslines App – Driver Program and will not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the Bypasslines App – Driver Program, including any third-party product liability claims, claims that the Bypasslines App – Driver Program fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement.  Any inquiries or complaints relating to the use of the Bypasslines App – Driver Program, including those pertaining to intellectual property rights, must be directed to Bypasslines in accordance with the “Help” section.
  2. The license you have been granted in these Terms of Use is limited to a non-transferable license to use the Bypasslines App – Driver Program on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service.  In aBDPtion, you must comply with the terms of any third-party agreement applicable to you when using the Bypasslines App – Driver Program, such as your wireless data service agreement.
  3. 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.
  4. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use and, upon your acceptance of the terms and conditions of these Terms of Use, will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof; notwithstanding the foregoing, Bypasslines’s right to enter into, rescind or terminate any variation, waiver, or settlement under these Terms of Use is not subject to the consent of any third party.

 

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.

This Driver Privacy Statement only applies to information that is collected from independent contractors and used as part of the Delivery Program and use of the Bypasslines App – Driver Program. Customer information, the information of those to whom you make deliveries through the Delivery Program, is subject to the Privacy Policy, available at https://corporate.Bypasslines.com/privacy-security/Bypasslines-privacy-policy.

 

  1. Your Information

 

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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:

 

  1. To display available deliveries to independent contractors;
  2. To update applicants on the status of an independent contractor registration;
  3. To notify independent contractors about delivery demand and compensation;
  4. To calculate auto insurance policies and analyzing usage patterns for safety and insurance purposes;
  5. Provide, improve, expand, and promote the Delivery Program;
  6. Analyze how the driver community uses the Delivery app;
  7. Communicate with you, either directly or through one of our third party partners;
  8. Send you text messages and push notifications;
  9. Facilitate transactions and payments;
  10. Provide you with support;
  11. Find and prevent potential fraudulent activities; and
  12. Respond to trust and safety issues that may arise, including auto incidents, disputes regarding deliveries, and requests from government authorities.

 

  1. 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:

 

  1. If there is a change of corporate control such as a restructuring, merger or sale of our assets;
  2. 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;
  3. 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;
  4. If the information is relevant to an accident involving a driver, and insurance providers request such information;
  5. 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
  6. 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
  7. 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 info@bypasslines.com

Menu