PDQ2 Group Ltd Driver Subcontract (Updated June 2024)

 

PDQ2 Group Limited trading as ("PDQ2") provide website features to customers ("Customer") when they visit or order at www.pdq2.com or using the PDQ2 app (the "Website") ("PDQ2 Services"). Following placement of an order on the website, PDQ2 may subcontract the agreement for services it holds with the Customer to you ("Driver") ("Subcontract").

 

WHEREAS:

 

(A) By a contract updated June 2024, which can be located on the Website, and made between PDQ2 and the Customer, the Customer has contracted with PDQ2 to provide certain provision of services (the "Services") (which contract, as the same may be amended over time, is referred to as the "Principal Contract").

 

(B) By this Agreement made between PDQ2 and the Driver, PDQ2 has appointed the Driver as PDQ2's subcontractor in relation to certain of the Services from time to time (which Sub-Contract, as the same may be amended over time, is referred to as the "Agreement").

 

(C) Under the terms of the Principal Contract, PDQ2 agreed to procure that certain of its Drivers enter into an agreement in the form of this Agreement.

 

IN CONSIDERATION OF the covenants and agreements contained in this Agreement and the parties hereby agree as follows:

 

1. Duty of Care Undertaking

 

1.1 The Driver warrants to and undertakes to PDQ2 that: (a) it shall comply with all the Driver's obligations under the Agreement and shall perform its duties under the Agreement and under any supplemental agreements entered into after the date of the Agreement varying such duties under the Agreement; (b) the Driver will exercise all the reasonable skill, care, and diligence in its performance of the Agreement; and (c) insofar as it is required by the terms of the Agreement to provide information to PDQ2, such information shall be supplied properly and in a timely manner.

 

2. Variations to or termination of the Agreement

 

2.1 PDQ2 may, without any prior notice to the Driver: (a) make any change to the terms of the Agreement; and/or (b) terminate, seek to terminate, treat the same as having been repudiated, or discontinue the performance of its duties and responsibilities under the Agreement in each case without the prior written consent of the Driver.

 

3. Assignment

 

3.1 The Driver shall not be entitled to assign, transfer, charge, or otherwise dispose of all or any of its rights or liabilities arising under this Agreement.

 

3.2 PDQ2 shall be entitled without the consent of the Driver to assign all or any of its rights and benefits arising under this Agreement at any time to any person, company, or other entity.

 

3.3 PDQ2 shall notify the Driver upon each occasion that it shall assign this Agreement.

 

4. Notices

 

4.1 Any notice or other communication (including any service of process or other proceedings) given or made under or in connection with the matters contemplated in this Agreement shall be in writing and shall be given or made by delivering it by hand or sending the same by prepaid first class recorded delivery post to the relevant address provided to the parties of this Agreement or such other address as shall be notified (in accordance with this Clause) by the party concerned to the other parties.

 

4.2 Any notice or other communication, if sent by post, shall be deemed to have been served 48 hours after posting and, in proving such service, it shall be sufficient to prove that the notice was properly addressed, stamped, and put into the post, and if delivered by hand shall be deemed to have been served on such delivery.

 

5. Miscellaneous

 

5.1 The provisions of this Agreement shall be without prejudice to any other right of action that PDQ2 may have in tort or otherwise.

 

5.2 By accepting the Services from PDQ2, the Driver confirms to be bound by the terms and conditions of this Agreement.

 

5.3 A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

 

5.4 No failure or delay by any party in exercising any right, power, or privilege under this Agreement shall impair such right, power, or privilege or be construed as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.

 

5.5 No waiver of any of the provisions of this Agreement shall be effective unless it is expressly stated to be a waiver and communicated to the relevant party in writing.

 

5.6 The Driver will be an independent contractor and nothing in this Agreement shall render the Driver PDQ2's employee, worker, agent, or partner, and the Driver shall not hold itself out as such.

 

5.7 The Driver is insured as required by the DVLA to perform the Services from time to time, and hereby warrants and guarantees to PDQ2 that it shall adhere to all applicable laws and regulations required of it in the performance of the Services. PDQ2 accepts no liability for breach by the Driver of any law or regulation.

 

5.8 The Driver agrees to promptly provide the information in relation to the Driver's identity and right to work that PDQ2 may request from time to time.

 

5.9 The Driver agrees that PDQ2 may contact the Driver with details of a delivery at any time that you specify by way of our app that you are available to provide the Services. Each delivery will be allocated to the first driver to respond to those details.

 

5.10 PDQ2 provides no guarantee in relation to a minimum number of deliveries (or indeed any deliveries) that will be offered to the Driver. When the Driver agrees to make a delivery, the Driver will be bound to the terms of this Agreement.

 

5.11 The Driver must fulfil the terms of this Agreement using its own money (where necessary, including items in accordance with our substitution policy), enter the prices of the items in our app (marking any items that are out of stock), and deliver the items to the address by the time specified in the order. Once delivery is complete, you must confirm this by way of our app.

 

5.12 PDQ2 will (subject to receiving from the Driver a valid copy of the receipt it obtains from the shop(s)) pay the Driver the price charged by the shop(s) for the items delivered and the agreed delivery fee, the day after delivery. The Driver agrees that we are entitled to retain a service fee per order which is calculated by subtracting the following amounts from the amount paid to us by the Customer: the agreed delivery fee and any bonus; and the amounts applicable to the products which are purchased for the Customer. Any sums that PDQ2 pays to the Customer for compensation as a result of the Driver failing fully to fulfil their obligations under this Agreement may be deducted from the agreed delivery fee.

 

5.13 The Driver warrants not to contact a customer except for reasons that are directly connected with the collection and delivery. You should not make a collection and delivery under this Agreement to a Customer unless the Customer has been specifically referred to the Driver from PDQ2 via the app.

 

5.14 PDQ2 grants the Driver a non-exclusive license to use the app. The Driver agrees that it will only use the app in accordance with PDQ2's instructions and that it will not do anything in relation to the app, which is inconsistent with the ownership of the app. In particular, the Driver warrants that it will keep its password for the app confidential and will not allow anyone else to use the app.

 

5.15 If the Driver is delivering alcohol or tobacco and the Customer appears to be under the age of 25, the Driver warrants to obtain proof of identity from the Customer in the form of either a driving license or passport for proof of age. No other proof of age is acceptable. If the Customer cannot provide this valid ID, the Driver must not provide alcohol or tobacco to the Customer and shall attempt to return any alcohol or tobacco to the shop where it was bought for a refund. The Driver will still be paid for the delivery.

 

5.16 The Driver agrees that it will permit PDQ2 such rights in relation to the device that it uses to provide the Services as PDQ2 requires to track your location. This is to enable PDQ2 to send the Driver orders for delivery in its location, for Customers to track its progress, prevent fraud and improve the PDQ2 service. PDQ2 will only use the personal data that we acquire as a result for these purposes.

 

5.17 The Driver must report any discrepancies in payments within 14 days and mistakes will not be rectified after this time.

 

5.18 The Driver may appoint a substitute to perform the Services on its behalf, provided that the substitute is insured as required by the DVLA. We will continue to pay the Driver the agreed fee as provided in section 5.12 and the Driver shall be responsible for the remuneration of, and any expenses incurred by, the substitute. For the avoidance of doubt, the Driver will not be paid for any period during which neither the Driver nor any substitute provide the Services. The Driver will continue to be subject to all duties and obligations under this Agreement for the duration of the appointment of the substitute.

 

5.19 The Driver is responsible for providing, funding, insurance and maintaining their own vehicle and equipment in the provision of the Services and must bear their own expenses.

 

5.20 The Driver may be engaged or concerned in any other business, trade, profession, or other activity so long as such activity does not cause a breach of the Driver's obligations under the Agreement once the Driver agrees to make a delivery.

 

5.21 The Driver shall have personal liability for and shall indemnify PDQ2 for any loss, liability, costs, or expenses arising from any breach by the Driver, or any substitute engaged under this Agreement, of the terms of this Agreement, including any negligent or reckless act, omission, or default in the provision of the Services.

 

5.22 The Driver shall be fully responsible for and indemnify PDQ2 against any employment-related claim or any claim based on worker status brought by the Driver or any substitute against PDQ2 and any liability, assessment, or claim for taxation howsoever arising from or made in connection with the performance of the Services.

 

6. Law and Jurisdiction

 

This Agreement shall be governed by English Law and be subject to the exclusive jurisdiction of the English Courts.