Last updated on: 25 June 2019
INDEPENDENT CONTRACTOR AGREEMENT
This Agreement ("Agreement") is made and entered into by and between you, the undersigned contractor ("CONTRACTOR"), an independent contractor engaged in the business of performing the delivery services contemplated by this Agreement, and GLOBINESS Inc. ("GLOBINESS" or "COMPANY"). CONTRACTOR may enter this Agreement either as an individual or as a corporate entity. This Agreement will become effective on the date it is accepted regardless of whether you are eligible to, or ever do, perform any Contracted Services.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 11, AS IT REQUIRES THE PARTIES (UNLESS YOU OPT OUT OF ARBITRATION AS PROVIDED BELOW) TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS, TO THE FULLEST EXTENT PERMITTED BY LAW, THROUGH FINAL AND BINDING ARBITRATION. BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS, INCLUDING SECTION 11, AND HAVE TAKEN THE TIME AND SOUGHT ANY ASSISTANCE NEEDED TO COMPREHEND THE CONSEQUENCES OF ACCEPTING THIS AGREEMENT.
GLOBINESS is a company that provides an online platform connection using web-based technology that connects contractors, stores and/or other businesses, and consumers ("GLOBINESS platform" or "platform"). GLOBINESS'S software permits registered users to place orders for grocery and/or other goods from various stores and businesses. Once such orders are made, GLOBINESS software notifies contractors that a delivery opportunity is available and the GLOBINESS software facilitates completion of the delivery. GLOBINESS is not a store, goods delivery service, or goods warehouse business.
CONTRACTOR is an independent provider of delivery services, authorized to conduct the delivery services contemplated by this Agreement in the geographic location(s) in which CONTRACTOR operates. CONTRACTOR possesses all equipment and personnel necessary to perform the delivery services contemplated by this Agreement in accordance with applicable laws. CONTRACTOR desires to enter into this Agreement for the right to receive delivery opportunities made available through GLOBINESS's platform. CONTRACTOR understands and expressly agrees that he/she is not an employee of GLOBINESS or any store, other business or consumer and that he/she is providing delivery services on behalf of him/herself and his/her business, not on behalf of GLOBINESS. CONTRACTOR understands (i) he/she is free to select those times he/she wishes to be available on the platform to receive delivery opportunities; (ii) he/she is free to accept or reject the opportunities transmitted through the GLOBINESS platform by consumers, and can make such decisions to maximize his/her opportunity to profit; and (iii) he/she has the sole right to control the manner in which deliveries are performed and the means by which those deliveries are completed.
In consideration of the above, as well as the mutual promises described herein, GLOBINESS and CONTRACTOR (collectively "the parties") agree as follows:
1. PURPOSE OF THE AGREEMENT
This Agreement governs the relationship between GLOBINESS and CONTRACTOR, and establishes the parties' respective rights and obligations. In exchange for the promises contained in this Agreement, CONTRACTOR shall have the right and obligation to perform the "Contracted Services" as defined herein. However, nothing in this Agreement requires CONTRACTOR to perform any particular volume of Contracted Services during the term of this Agreement, and nothing in this Agreement shall guarantee CONTRACTOR any particular volume of business for any particular time period.
CONTRACTOR shall have no obligation to accept or perform any particular "Delivery Opportunity" (as that term is defined herein) offered by GLOBINESS. However, once a Delivery Opportunity is accepted, CONTRACTOR shall be contractually bound to complete the Contracted Services in accordance with all consumer specifications and the terms laid out in this Agreement,
2. CONTRACTOR'S OPERATIONS
CONTRACTOR represents that he/she operates an independently established enterprise that provides delivery services, and that he/she satisfies all legal requirements necessary to perform the services contemplated by this Agreement. As an independent contractor/enterprise, CONTRACTOR shall be solely responsible for determining how to operate his/her business and how to perform the Contracted Services.
CONTRACTOR agrees to fully perform the Contracted Services in a timely, efficient, safe, and lawful manner. GLOBINESS shall have no right to, and shall not, control the manner, method or means CONTRACTOR uses to perform the Contracted Services. Instead, CONTRACTOR shall be solely responsible for determining the most effective, efficient, and safe manner to perform the Contracted Services, including determining the manner of picking, packing, pickup, delivery, return and route selection.
As an independent business enterprise, CONTRACTOR retains the right to perform services (whether delivery services or other services) for others and to hold him/herself out to the general public as a separately established business. The parties recognize that they are or may be engaged in similar arrangements with others and nothing in this Agreement shall prevent CONTRACTOR or GLOBINESS from doing business with others. GLOBINESS does not have the right to restrict CONTRACTOR from performing services for other businesses, customers or consumers at any time, even if such business directly competes with GLOBINESS, and even during the time CONTRACTOR is logged into the GLOBINESS platform. CONTRACTOR’s right to compete with GLOBINESS, or perform services for business that compete with GLOBINESS, will survive even after termination of this Agreement.
CONTRACTOR is not required to purchase, lease, or rent any products, equipment or services from GLOBINESS as a condition of doing business with GLOBINESS or entering into this Agreement.
CONTRACTOR agrees to immediately notify GLOBINESS in writing at email@example.com if CONTRACTOR's right to control the manner or method he/she uses to perform services differs from the terms contemplated in this Section.
3. CONTRACTED SERVICES
From time to time, the GLOBINESS platform will notify CONTRACTOR of the opportunity to complete deliveries from stores or other businesses to consumers in accordance with orders placed by consumers through the GLOBINESS platform (each of these is referred to as a "Delivery Opportunity"). For each Delivery Opportunity accepted by CONTRACTOR ("Contracted Service"), For Delivery Only Order (Only Delivery Task) CONTRACTOR agrees to retrieve the orders from stores or other businesses, ensure the order was accurately filled by store or, For Full Service Order (Picking Task and Delivery Task, both) CONTRACTOR agrees to do item or substitute search, pick, pack, bill of payment (“bill”), and deliver the order to consumers in a safe and timely fashion. CONTRACTOR understands and agrees that the parameters of each Contracted Service are established by the consumer, not GLOBINESS, and represent the end result desired, not the means by which CONTRACTOR is to accomplish the result. CONTRACTOR has the right to cancel, from time to time, a Contracted Service when, in the exercise of CONTRACTOR's reasonable discretion and business judgment, it is appropriate to do so. Notwithstanding the foregoing, CONTRACTOR agrees to maintain both a customer rating and a completion rate as of the date this Agreement becomes effective. Failure to satisfy this obligation constitutes a material breach of this Agreement, and GLOBINESS shall have the right to terminate this Agreement and/or deactivate CONTRACTOR'S account.
Accept or Reject all Platform Orders placed by Globiness;
Confirm all Platform Orders from Globiness promptly and must be accepted within five (5) minutes;
For Picking Task Order: Pick, pack and bill of payment the Products for each Platform Order at the designated time and Order must be ready for pickup (ten) 10 minutes before its Time Slot (Delivery Time) start time;
For Picking Task, if applicable, mark each item status: item found, not found, substitute found, ultra substitute found, ultra substitute not found, quantity of each found/not found item.
Pack all chemical or hazardous items separately from food and edible items;
Pack all temperature sensitive, frozen and refrigerated items separately in temperature controlled bag or box, as well as keep it in temperature controlled manner until end of Delivery;
For all Order use Picker Account and/or Driver Account to complete required action(s) in Globiness Platform;
Verify Customer identity, age (if applicable) and authenticity before handing over the order, including but not limited to matching order details, order number, customer’s personal identity and related details;
Each processed handover correctly to customer including but not limited to check quantities, qualities, bags, boxes and its counts or numbers or code, Original Bill of Sale or Original Receipt;
Enter correct bill of payment or receipt amount in Platform for Globiness Customer receipt and bill or receipt amount must match adjectly with Store Original Receipt of sale;
Process Platform Orders in the order in which they are received; manage scheduled for later order’s time and resources to handle the order timely;
Comply with Item, Item Substitute, Item Ultra Substitute requirement set by customer and Globiness;
Follow any and all customer notes, details, descriptions, weight, quantities, and comments provided in Picker Account and/or Driver Account along with order;
Promptly notify Globiness of any changes to the pricing (if applicable), availability, description, or other characteristics of the Products;
Any and all Delivery Task must be completed within the provided Time Slot period to customer.
In any case full or partial order return is required from Globiness to any Store, Contractor must complete required return as soon as possible.
CONTRACTOR Responsibilities. CONTRACTOR will timely:
CONTRACTOR acknowledges that GLOBINESS has discretion as to which, if any, Delivery Opportunity to offer, just as CONTRACTOR has the discretion whether and to what extent to accept any Delivery Opportunity.
CONTRACTOR acknowledges that CONTRACTOR is engaged in CONTRACTOR’s own business, separate and apart from GLOBINESS’S business, which is to provide an online platform connection using web-based technology that connects contractors, stores and/or other businesses, and consumers.
CONTRACTOR authorizes GLOBINESS, during the course of a Contracted Service, to communicate with CONTRACTOR, consumer, and/or stores or other business to assist CONTRACTOR, to the extent permitted by CONTRACTOR, in facilitating deliveries. However, under no circumstances shall GLOBINESS be authorized to control the manner or means by which CONTRACTOR performs delivery services. This includes, but is not limited to, the following:
GLOBINESS does not require any specific type, or quality, of CONTRACTOR’s choice of transportation.
CONTRACTOR does not have a supervisor or any individual at GLOBINESS to whom they report.
CONTRACTOR is not required to use any signage or other designation of GLOBINESS on his or her vehicle or person at any point in their use of the platform to perform the Contracted Services.
GLOBINESS has no control over CONTRACTOR’s personal appearance
CONTRACTOR does not receive regular performance evaluations by GLOBINESS.
E. CONTRACTOR do not require to use CONTRACTOR's personal payment card. If provided by Globiness, CONTRACTOR may use, for CONTRACTOR's convenience, the Globiness payment card solely for purchasing items to be delivered to consumers.
F. In the event CONTRACTOR fails to fully perform any Contracted Service (a "Service Failure") due to CONTRACTOR's action or omission, CONTRACTOR shall forfeit all or part of the agreed upon fee for that service. If CONTRACTOR disputes responsibility for a Service Failure, the dispute shall be resolved pursuant to the "Payment Disputes" provision below.
G. CONTRACTOR agrees to immediately notify GLOBINESS in writing by submitting a Support inquiry through email at firstname.lastname@example.org. if CONTRACTOR's services or scope of work differ in any way from what is contemplated in this Section.
4. RELATIONSHIP OF PARTIES
The parties acknowledge and agree that this Agreement is between two co-equal, independent business enterprises that are separately owned and operated. The parties intend this Agreement to create the relationship of principal and independent contractor and not that of employer and employee. The parties are not employees, agents, joint venturers, or partners of each other for any purpose. Neither party shall have the right to bind the other by contract or otherwise except as specifically provided in this Agreement.
GLOBINESS shall not have the right to, and shall not, control the manner or the method of accomplishing Contracted Services to be performed by CONTRACTOR. The parties acknowledge and agree that those provisions of the Agreement reserving ultimate authority in GLOBINESS have been inserted solely for the safety of consumers and other CONTRACTORS using the GLOBINESS platform or to achieve compliance with federal, state, or local laws, regulations, and interpretations thereof.
GLOBINESS shall report all payments made to CONTRACTOR on a calendar year basis using an appropriate CRA (Canada Revenue Agency) practice, if the volume of payments to CONTRACTOR qualify. CONTRACTOR agrees to report all such payments and any cash gratuities to the appropriate federal, state and local taxing authorities.
5. PAYMENT FOR SERVICES
Unless notified otherwise by GLOBINESS in writing or except as provided herein, CONTRACTOR will receive payment per accurate Contracted Service completed in an amount consistent with the pay model:
$0.15 (cent) per item you picked successfully and mark order Picking Task completed (for Item Found, Substitute Found, Ultra Substitute Found).
In Order, customer A requested 1 item and it has 5 units (quantity). So, its count as 1 item.
In Order, customer B requested 5 items and it has total 20 units (quantity). So, its count as 5 items.
Here Item is described as below:
Picking Task pay
Delivery Task pay
$0.35 (cent) per km you drive from Store Address to Customer Location Address.
$ 4.00 basic pay per batch upon successful delivery.
$3.00 if you have arrived at store location for Pickup Task and/or Delivery Task.
After Picking Task completed.
$3.00 + Picking Task payment.
Condition: You must return full order to respected store.
After On-Route or At Customer’s Address.
$8.00 + Picking Task (if applicable) + Deliver Task payment.
Condition: You must return full order to respected store.
$2.00 if order is more than 40 items and/or 80 units.
Cancel Order pay
Large /Heavy Order pay
Boost pay and any promotional pay
The boost pay is always optional, we do not guarantee any amount. The boost pay amount may vary based on a variety of factors including but not limited to the complexity of the order, service demand in zone, number of active contractors in zone etc. From time to time, GLOBINESS may offer opportunities for CONTRACTOR to earn more money for performing Contracted Services at specified times or in specified locations. Nothing prevents the parties from negotiating a different rate of pay, and CONTRACTOR is free to accept or deny any such opportunities to earn different rates of pay.
Tips and gratuities
100 % Tips pay to delivery person on each successful delivery.
Globiness’ Platform Service Fee is equal to 8.00% of the pre-tax subtotal for each order’s payment. This Platform Service Fee applies to all orders payment processed on the Globiness platform including (1) Full Service Order and, (2) Delivery Only Order, (3) Picking Task Only Orders, except tips.This platform service fee is subjected to federal, provincial and local Tax.
For Full Service Order Payment Calculation
Calculated as Picking Task pay (A) + Delivery Task pay (B) + Boost pay (C) (if applicable) - Platform Service Fees (D) - Tax on Platform Service Fees (E) + 100% of Tip (F)
A+B+C = X1
X1 - D - E = X2
X2 + F = X3
X3 is Full Service Order payment (Here X represent total amount)
For Delivery Only Order Payment Calculation
Calculated as Delivery Task pay (A) + Boost pay (B) (if applicable) - Platform Service Fees (C) - Tax on Platform Service Fees (D) + 100% of Tip (E)
A+B = X1
X1 - C - D = X2
X2 + E = X3
X3 is Delivery Only Order payment (Here X represent total amount)
GLOBINESS's online credit card software may or may not permit consumers to add a gratuity to be paid to CONTRACTOR, and or however, consumers can also pay a gratuity to CONTRACTOR in cash. CONTRACTOR shall retain 100% of any gratuity paid by the consumer, whether by cash or credit card. GLOBINESS acknowledges it has no right to interfere with the amount of gratuity given by the consumer to the CONTRACTOR.
GLOBINESS will process payments made by consumers and transmit to CONTRACTOR. Payments for all deliveries completed in a given week will be transferred via direct deposit on no less than a weekly basis unless it notifies CONTRACTOR otherwise in writing.
From time to time, GLOBINESS may offer various Driver/Picker promotions or referral programs. CONTRACTOR agrees that he or she will not manipulate or abuse the referral programs or Driver promotions by, among other things: (i) tampering with the location feature on his or her mobile phone; (ii) collecting incentive or promotional pay when not eligible to receive such pay under relevant policies; or, (iii) creating multiple Driver or consumer accounts. CONTRACTOR understands that engaging in this type of manipulation or abuse constitutes a material breach of this Agreement and may lead to deactivation of his or her account.
6. PAYMENT DISPUTES
CONTRACTOR's Failure: In the event there is a Service Failure, CONTRACTOR shall not be entitled to payment as described above (as determined in GLOBINESS's reasonable discretion). Any withholding of payment shall be based upon proof provided by the consumer, store or other business, CONTRACTOR, and any other party with information relevant to the dispute. GLOBINESS shall make the initial determination as to whether a Service Failure was the result of CONTRACTOR's action/omission. CONTRACTOR shall have the right to challenge GLOBINESS's determination through any legal means contemplated by this Agreement; however, CONTRACTOR shall notify GLOBINESS in writing at email@example.com of the challenge and provide GLOBINESS the opportunity to resolve the dispute. CONTRACTOR should include any documents or other information in support of his/her challenge.
GLOBINESS's Failure: In the event GLOBINESS fails to remit payment in a timely or accurate manner, CONTRACTOR shall have the right to seek proper payment by any legal means contemplated by this Agreement and, should CONTRACTOR prevail, shall be entitled to recover reasonable costs incurred in pursuing proper payment, provided, however, CONTRACTOR shall first inform GLOBINESS in writing at firstname.lastname@example.org of the failure and provide a reasonable opportunity to cure it.
7. EQUIPMENT AND EXPENSES
CONTRACTOR represents that he/she has or can lawfully acquire all equipment, including vehicles and food temperature controlled (hot and cold both) bags ("Equipment") necessary for performing contracted services, and CONTRACTOR is solely responsible for ensuring that the vehicle used conforms to all vehicle laws pertaining to safety, equipment, inspection, and operational capability.
CONTRACTOR agrees that he/she is responsible for all costs and expenses arising from CONTRACTOR's performance of Contracted Services, including, but not limited to, costs related to CONTRACTOR's Personnel (defined below) and Equipment. Except as otherwise required by law, CONTRACTOR assumes all risk of damage or loss to its Equipment.
In order to perform any Contracted Services, CONTRACTOR must, for the safety of consumers on the GLOBINESS platform, pass a background check administered by a third-party vendor, subject to CONTRACTOR's lawful consent. CONTRACTOR is not required to perform any Contracted Services personally, but may, to the extent permitted by law and subject to the terms of this Agreement, hire or engage others (as employees or subcontractors of CONTRACTOR) to perform all or some of the Contracted Services, provided any such employees or subcontractors meet all the requirements applicable to CONTRACTOR including, but not limited to, the background check requirements that CONTRACTOR must meet in order to perform Contracted Services. To the extent CONTRACTOR furnishes his/her own employees or subcontractors (collectively "Personnel"), CONTRACTOR shall be solely responsible for the direction and control of the Personnel it uses to perform all Contracted Services.
CONTRACTOR assumes full and sole responsibility for the payment of all amounts due to his/her Personnel for work performed in relation to this Agreement, including all wages, benefits and expenses, if any, and for all required province and federal income tax withholdings, unemployment insurance contributions, and social security taxes as to CONTRACTOR and all Personnel employed by CONTRACTOR in the performance of Contracted Services under this Agreement. GLOBINESS shall have no responsibility for any wages, benefits, expenses, or other payments due CONTRACTOR's Personnel, nor for income tax withholding, social security, unemployment insurance contributions, or other payroll taxes relating to CONTRACTOR or his/her Personnel. Neither CONTRACTOR nor his/her Personnel shall receive any wages, including vacation pay or holiday pay, from GLOBINESS, nor shall they participate in or receive any other benefits, if any, available to GLOBINESS's employees.
Unless mandated by law, GLOBINESS shall have no authority to withhold province or federal income taxes, social security taxes, unemployment insurance taxes/contributions, or any other local, state or federal tax on behalf of CONTRACTOR or his/her Personnel.
CONTRACTOR and his/her Personnel shall not be required to wear a uniform or other clothing of any type bearing GLOBINESS's name or logo.
If CONTRACTOR uses the services of any Personnel to perform the Contracted Services, CONTRACTOR's Personnel must satisfy and comply with all of the terms of this Agreement, which CONTRACTOR must make enforceable by written agreement between CONTRACTOR and such Personnel. A copy of such written agreement must be provided to GLOBINESS at least seven (7) days in advance of such Personnel performing the Contracted Services. The parties acknowledge that the sole purpose of this requirement is to ensure CONTRACTOR's compliance with the terms of this Agreement.
CONTRACTOR agrees, as a condition of doing business with GLOBINESS, that during the term of this Agreement, CONTRACTOR will maintain current insurance, in amounts and of types required by law to provide the Contracted Services, at his/her own expense. CONTRACTOR acknowledges that failure to secure or maintain satisfactory insurance coverage shall be deemed a material breach of this Agreement and shall result in the termination of the Agreement and the loss of CONTRACTOR's right to receive Delivery Opportunities.
NOTIFICATION OF COVERAGE: CONTRACTOR agrees to deliver to GLOBINESS, upon request, current certificates of insurance as proof of coverage. CONTRACTOR agrees to provide updated certificates each time CONTRACTOR purchases, renews, or alters CONTRACTOR's insurance coverage. CONTRACTOR agrees to give GLOBINESS at least thirty (30) days' prior written notice before cancellation of any insurance policy required by this Agreement.
WORKERS' COMPENSATION/OCCUPATIONAL ACCIDENT INSURANCE: CONTRACTOR agrees that CONTRACTOR will not be eligible for workers' compensation benefits through GLOBINESS, and instead, will be responsible for providing CONTRACTOR's own workers' compensation insurance or occupational accident insurance, if permitted by law.
PENSION PLAN: CONTRACTOR agrees that CONTRACTOR will not be eligible for pension plan benefits through GLOBINESS, and instead, will be responsible for providing CONTRACTOR's own pension plan, if permitted by law.
GLOBINESS agrees to indemnify, protect and hold harmless CONTRACTOR from any and all claims, demands, damages, suits, losses, liabilities and causes of action arising directly from GLOBINESS's actions arranging and offering the Contracted Services to CONTRACTOR.
CONTRACTOR agrees to indemnify, protect and hold harmless GLOBINESS, including all parent, subsidiary and/or affiliated companies, as well as its and their past and present successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees, from any and all claims, demands, damages, suits, losses, liabilities and causes of action arising directly or indirectly from, as a result of or in connection with, the actions of CONTRACTOR and/or his/her Personnel arising from the performance of delivery services under this Agreement, including personal injury or death to any person (including to CONTRACTOR and/or his/her Personnel), as well as any liability arising from CONTRACTOR's failure to comply with the terms of this Agreement. CONTRACTOR's obligations hereunder shall include the cost of defense, including attorneys' fees, as well as the payment of any final judgment rendered against or settlement agreed upon by GLOBINESS or its parent, subsidiary and/or affiliated companies.
CONTRACTOR agrees to indemnify, protect and hold harmless GLOBINESS, including all parent, subsidiary, and/or affiliated companies, as well as its and their past and present successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees, from any and all tax liabilities and responsibilities for payment of all federal, provincial and local taxes, including, but not limited to all payroll taxes, self-employment taxes, workers compensation premiums, and any contributions imposed or required under federal, provincial and local laws, with respect to CONTRACTOR and CONTRACTOR's Personnel.
CONTRACTOR shall be responsible for, indemnify and hold harmless GLOBINESS, including all parent, subsidiary, and/or affiliated companies, as well as its and their past and present successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees, from all costs of CONTRACTOR's business, including, but not limited to, the expense and responsibility for any and all applicable insurance, local, provincial or federal licenses, permits, taxes, and assessments of any and all regulatory agencies, boards or municipalities.
11. MUTUAL ARBITRATION PROVISION
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH THE COMPANY (GLOBINESS) AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 11 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “MUTUAL ARBITRATION AGREEMENT”.
Scope of Arbitration Agreement. Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including the breach, termination or validity thereof, shall be finally resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or the Company may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement. CASES HAVE BEEN FILED AGAINST THE COMPANY—AND OTHERS MAY BE FILED IN THE FUTURE—THAT ATTEMPT TO ASSERT CLASS ACTION CLAIMS, AND BY ACCEPTING THIS ARBITRATION AGREEMENT YOU ELECT NOT TO PARTICIPATE IN SUCH CASES. IF YOU AGREE TO ARBITRATION WITH THE COMPANY, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
Arbitration Rules and Forum. If any dispute occurs between the parties relating to the application, interpretation, implementation or validity of this Agreement, the Parties agree to seek to resolve the dispute or controversy through mediation with Canadian Arbitration Association before pursuing any other proceedings. Nothing herein shall preclude any Party from seeking injunctive relief in the event that the Party perceives that without such injunctive relief, serious harm may be done to the party. Any Party to the dispute may serve notice on the others of its desire to resolve a particular dispute by mediation. The mediator shall be appointed by agreement between the Parties or, if the Parties cannot agree within twenty (20) days after receipt of the notice of intention to mediate, the mediator will be appointed by Canadian Arbitration Association. The mediation will be held at Toronto, Ontario. The Parties agree to attempt to resolve their dispute at mediation. The costs of the mediator shall be shared equally by the Parties. If the dispute has not been resolved within thirty (30) days of the notice of desire to mediate, any Party may terminate the mediation and proceed to arbitration as set out below.
Subject to the mediation provisions set out above, if any dispute or controversy occurs between the Parties relating to the interpretation or implementation of any of the provisions of this Agreement, the dispute will be resolved by arbitration at Canadian Arbitration Association pursuant to the general Canadian Arbitration Association Rules for Arbitration. Any Party may serve notice of its desire to refer a dispute to arbitration. The arbitration shall be conducted by a single arbitrator. The arbitration shall be held in Toronto, Ontario. The arbitration shall proceed in accordance with the provisions of the Arbitration Act Ontario. The decision arrived at by the arbitrator(s) shall be final and binding and no appeal shall lie therefrom. The costs of the arbitrator (i) shall be divided equally between the parties or, (ii) CAD $10,000 total and Globiness will pay whichever is lower in total.
Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and the Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and the Company.
Waiver of Jury Trial. YOU AND THE COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and the Company are instead electing to have claims and disputes resolved by arbitration, except as specified in Section 11 above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
Waiver of Class or Consolidated Actions; Severability. YOU AND THE COMPANY AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor the Company is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 11, and all other provisions of this Section 11 shall remain in force. If any provision of this Section 11 is adjudged to be void or otherwise unenforceable, in whole or in part, the void or unenforceable provision shall be severed and such adjudication shall not affect the validity of the remainder of this Section 11.
Opt Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor the Company can force the other to arbitrate as a result of this Agreement. To opt out, you must notify the Company in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Globiness username (if any), the email address you used to set up your Globiness account (if you have one), and a CLEAR statement that you want to opt out of this
Arbitration Agreement. You must send your opt-out notice to: email@example.com. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NOTHING IN THIS AGREEMENT SHALL SUPERSEDE, AMEND, OR MODIFY THE TERMS OF ANY SEPARATE AGREEMENT(S) BETWEEN YOU AND THE COMPANY .
Survival. This Arbitration Agreement will survive any termination of your relationship with the Company.
Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if the Company makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to the Company.
12. LITIGATION CLASS ACTION WAIVER
To the extent allowed by applicable law, separate and apart from the Mutual Arbitration Provision found in Section 11, CONTRACTOR agrees that any proceeding to litigate in court any dispute arising out of or relating to this Agreement, whether because CONTRACTOR opted out of the Arbitration Provision or any other reason, will be conducted solely on an individual basis, and CONTRACTOR agrees not to seek to have any controversy, claim or dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which CONTRACTOR acts or proposes to act in a representative capacity (“Litigation Class Action Waiver”). CONTRACTOR further agrees that no proceeding will be joined, consolidated, or combined with another proceeding, without the prior written consent of all parties to any such proceeding. If a court of competent jurisdiction determines that all or part of this Litigation Class Action Waiver is unenforceable, unconscionable, void or voidable, the remainder of this Agreement shall remain in full force and effect.
You can review the most current version of the Independent Contractor Agreement at any time at this page.
We reserve the right, at our sole discretion, to update, change, replace or remove any part of these Independent Contractor Agreement, without prior notice to Contractor and by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website, or the Service following the posting of any changes to these Independent Contractor Agreement constitutes acceptance of those changes. GLOBINESS may provide notice of any such changes to CONTRACTOR via e-mail or site notifications or similar ways. However, those notifications are always optional.
14. TERMINATION OF AGREEMENT
CONTRACTOR may terminate this Agreement upon thirty (30) days written notice. GLOBINESS may terminate this Agreement and deactivate CONTRACTOR’S Picker and Driver account for any reason and/or not providing any such reason to CONTRACTOR or for a material breach of this Agreement.
CONTRACTOR's and GLOBINESS's obligations and rights arising under the Mutual Arbitration Provision of this Agreement shall survive termination of this Agreement. .
Deactivation occur due to:
Low and/or negative customer ratings related to assigned orders;
Low and/or negative order ratings from Store related to assigned orders;
Low order accepting rate of assigned orders;
Low order Completing rate of assigned orders,
Low order rejecting rate of assigned orders;
Low order canceling rate of assigned orders;
Low availability rate to perform orders;
KEEPING THE PLATFORM SAFE AND SECURE
At Globiness, the safety of Drivers, stores and consumers that use the Globiness platform is paramount. We want to make sure you feel safe when performing picking tasks, delivery tasks, that store feel comfortable working with driver, and that consumers never need to be concerned about opening their door to receive their order.
Creating an unsafe environment for anyone on the platform is grounds for immediate deactivation. These behaviors include, but are not limited to:
Violence or inappropriate behavior, including abusive language - Exhibiting objectively unsafe behavior, including physical or verbal assault of a consumer, Store, another Driver, or any other person.
Use of alcohol and drugs - Driving while under the influence of alcohol or drugs.
Discrimination or harassment - Globiness is committed to providing a platform free from discrimination and harassment and therefore prohibits discrimination and harassment by or directed at Drivers, Stores, customers or Globiness employees because of race, color, sex, gender, national origin, ancestry, religion, creed, physical or mental disability, medical condition, marital status, sexual orientation, age, profession or any basis protected by federal, state or local law.
Unsafe driving and biking - Exhibiting objectively unsafe conduct during transportation, including texting and driving, not pulling over before examining or accepting a delivery opportunity, and failing to be conscientious while using navigation apps. Globiness evaluates Drivers involved in accidents for potential deactivation, depending on all relevant facts and circumstances.
Failure to comply with the law - Violating any local, state or federal law while using the Globiness platform, including any applicable criminal or traffic laws.
Failure to pass a background check - Failing to meet Globiness’s background check criteria is grounds for being denied access to the Globiness platform, or account deactivation if you have already accessed the platform.
ABUSING THE PLATFORM
Much of the Globiness platform rests on minimum business standards of integrity and fair dealing. We trust Drivers to use the website and/or app honestly and with integrity. Accounts of Drivers that abuse our services or engage in fraud will be deactivated. Examples of abuse and fraud include, but are not limited to:
Manipulating the referrals system or promotions - Gaming or manipulating the consumer referral program, the Globiness referral program, Driver pay promotions or other similar types of programs.
Submitting false claims - Driver must submit all true receipt, true order details, and true payment details including true transaction details related to only Globiness Orders.
Providing information that is fraudulent or inaccurate - Misrepresenting information during signup, giving false information to the support team during picking tasks and/or delivery tasks, or failing to accurately identify the mode of transportation being used to perform driver duties.
Tampering with deliveries or failing to maintain standards of food safety - Opening, using, consuming, or tampering with a delivery or customer order; failing to use an insulated hot bag or insulated cold bag to safely transport deliveries. Falling to wash or sanitise hands before during picking tasks and delivery tasks. Falling to pack chemical items separately from any food items or edible items.
You may submit an appeal regarding your Deactivation to Globiness by writing at firstname.lastname@example.org
16. ENTIRE AGREEMENT, TRANSFERABILITY, AND WAIVER
This Agreement shall constitute the entire agreement and understanding between the parties with respect to the subject matter of this Agreement. AGREEMENT and shall be modified, altered, changed or amended in any respect, at any time by GLOBINESS. Before accepting any modifications, alterations, changes or amendments, CONTRACTOR shall have the right to discuss any proposed changes with GLOBINESS and consider whether to continue his/her contractual relationship with GLOBINESS. This Agreement supersedes any prior contract between the parties. To the extent GLOBINESS's consumer facing Terms and Conditions Agreement (or updated consumer facing Terms and Conditions Agreement, if applicable) is inconsistent or conflicts with this Agreement, this Agreement controls. However, the decision to opt-out of the Mutual Arbitration Provision in this Agreement does not affect the enforceability of any arbitration agreement in the consumer facing Terms and Conditions Agreement to which Contractor may be bound (and vice versa). This Agreement may not be assigned by either party without written consent of the other and shall be binding upon the parties hereto, including their heirs and successors, provided, however, that GLOBINESS may assign its rights and obligations under this Agreement to an affiliate of GLOBINESS or any successor(s) to its business and/or purchaser of substantially all of its stock or assets. References in this Agreement to GLOBINESS shall be deemed to include such successor(s).
The failure of GLOBINESS or CONTRACTOR in any instance to insist upon a strict performance of the terms of this Agreement or to exercise any option herein, shall not be construed as a waiver or relinquishment of such term or option and such term or option shall continue in full force and effect.
CAPTIONS: Captions appearing in this Agreement are for convenience only and do not in any way limit, amplify, modify, or otherwise affect the terms and provisions of this Agreement.
SEVERABILITY Clause: Except as specifically provided in Section 11, if any part of this Agreement is declared unlawful or unenforceable, the remainder of this Agreement shall remain in full force and effect.
GOVERNING LAW: Except for the Mutual Arbitration Provision above, which is governed by the Canadian Arbitration Association Arbitration Rules provisions of the Arbitration Act Ontario, the choice of law for interpretation of this Agreement, and the right of the parties hereunder, as well as substantive interpretation of claims asserted pursuant to Section 11, shall be the rules of law of the Ontario Province by this Agreement.
NOTICE AND OPPORTUNITY TO CURE: CONTRACTOR agrees to notify GLOBINESS in writing at email@example.com of any breach or perceived breach of this Agreement, of any claim arising out of or related to this Agreement, or of any claim that
CONTRACTOR's services or scope of work differ in any way from what is contemplated in this Agreement, including but not limited to the terms in Sections 2 (Contractor's Operations) and 3 (Contractor's Services), or if the relationship of the parties differs from the terms contemplated in Section 4 (Relationship of Parties).