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MEALGENIE DELIVERY DRIVER ADDENDUM

MEALGENIE DELIVERY DRIVER ADDENDUM

Last Updated: April 16, 2024

Welcome to MealGenie. We are pleased that you have joined our MealGenie community.  

This addendum will supplement the MealGenie Terms of Use.

MealGenie’s Terms of Use which are available on the www.MealGenie.com home page (“Terms of Use”). All capitalized terms which are not otherwise defined herein are set forth in the Terms of Use.

MealGenie provides the right to participate in the MealGenie platform only if you accept all of the terms contained in this agreement (the “Addendum”).  A driver that picks up, transports and delivers various meals from kitchens (“Services”) through MealGenie (“Delivery Driver”) may have the right to participate, however, is subject to approval by MealGenie, as provided in Section 2 below.  Please read the terms carefully.  By clicking “I accept,” you will agree to the Addendum with MealGenie once approved.  If you are not acting on behalf of yourself as an individual, then Delivery Driver also means deliver as an individual, company or organization or, if you are using the MealGenie Platform in the course of your employment, the provision of any personal shopping and/or delivery services are subject to your employment agreement or your employer’s agreement with MealGenie, if applicable. Your provision of any delivery services of products and services is subject to the Addendum between you and MealGenie, including its subsidiaries or affiliates.

These Terms and Conditions (“Terms”) of this Addendum govern your use of the MealGenie platform and its driver interface (“MealGenie Platform”), platform, and affiliated content, which are copyrighted works belonging or licensed to MealGenie Corporation, a Delaware corporation (“MealGenie”), to sign up as a personal Delivery Driver or delivery provider and/or provide such services through the MealGenie Platform (as defined herein). More specifically, the MealGenie Platform provided by MealGenie is to be used on Apple iOS and Android OS devices and any upgrades from time to time and any other software or documentation which enables the use of the MealGenie Platform. The MealGenie Platform allow you to submit your information to sign up to provide services through the MealGenie Platform and to receive information to enable your performance of your Services under the Addendum.

Before using the MealGenie Platform as the Delivery Driver, you are required to read, understand, and agree to these Terms of this Addendum. By using the MealGenie Platform, you agree to be bound by these Terms and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with the MealGenie Platform Terms of Use and the Company’s Privacy Policy.

  1. DESCRIPTION OF SERVICES: The Delivery Drivers register via mobile platform to pick up, transport and deliver various meals from kitchens. The Delivery Drivers will not be employees of MealGenie; therefore, you are responsible for paying your taxes and driving your vehicles, which must be in good working condition and insured for liability.  The Delivery Drivers are also responsible for any other legal purposes associated with the type of work you will be doing. The Delivery Driver shall follow all applicable laws.
  1. DELIVERY DRIVER TERMS OF SERVICES
  1. Delivery Driver Eligibility.
    1. The Delivery Driver shall accept and complete delivery requests promptly.
    2. The Delivery Driver shall ensure that the delivered goods are maintained safely and securely in the vehicle.
    3. The Delivery Driver shall provide a copy of a valid Delivery Driver’s license, vehicle registration card and insurance.
    4. The Delivery Driver submits a copy of a background check.
    5. The background check does not have to be submitted if the Delivery Driver is an existing “gig” Delivery Driver for another company (i.e., Uber, Lyft, Instacart etc.) In this instance, the Delivery Driver shall submit proof of being an active Delivery Driver for such company. Proof can be submitted as a screenshot from the Delivery Driver’s profile screen and or elsewhere, with the platform confirming such and validating that he is an active Delivery Driver. 
    6. The Delivery Drivers shall maintain proper vehicle insurance and compliance with local laws and regulations. 
    7. The Delivery Driver shall also submit a screenshot of your rating by the customers.
  2. MealGenie Driver Approval:  Upon completion of the Delivery Driver signed-up process, MealGenie will review the application and approve the application allowing the driver to start completing deliveries. MealGenie reserves the right to reject applications at its discretion. MealGenie reserves the right to deactivate drivers if they fail to comply with the guidelines, terms and conditions of this Addendum.
  3. Delivery Driver Services Obligations:  The Delivery Drivers shall use their best efforts to complete delivery as soon as possible after they accept the job. Delivery should be completed within 2 hours from the time when the Delivery Driver took the job; in any event that the Delivery Driver needs information from the customer (i.e., more details on pickup or drop off location, confirming the type of product he is picking up, etc.), the Delivery Driver shall reach out to the customer within text message option included with the platform.
  4. Delivery Driver Fees: The Delivery Drivers will be paid on a per-trip basis.  Based on their selection during the sign-up process, delivery fees are calculated per distance and set by MealGenie. The Delivery Driver will see the potential payout before accepting the trip.  Payouts will be processed automatically and applied to their account of choice by a third party (Stripe) within 7-10 days after the completion of the delivery. The Delivery Drivers will be able to choose where the payout will be sent to, either a checking account or pushed to a debit card.
  1. LIABILITY: The Delivery Driver shall be liable in case of damage, loss, or accidents during the delivery process. 
  1. INSURANCE:By law, a Delivery Driver must have insurance for their vehicle.  If you already have an existing insurance policy on the personal vehicle you own or lease, you can use this same policy to cover your deliveries.  You authorize us to contact your insurance company to verify that you have adequate coverage. Notwithstanding anything in this Addendum, MealGenie shall not be obliged to make any claim that MealGenie may otherwise have had against a third party for the recovery of any loss or damage to or in connection with the Delivery Driver’s vehicle. 
  1. INDEPENDENT CONTRACTOR:  The Delivery Drivers arenot eligible for any employee benefits, including workers’ compensation and disability from MealGenie. As such, Delivery Drivers are not considered employees and cannot receive any of the benefits employees do, including workers’ compensation. 
  1. WARRANTIES. MealGenie has not made and specifically disclaims any representations or warranties, expressed or implied, as to any matter whatsoever, including, without limitation, the quality or condition of the Delivery Driver’s vehicle, its merchantability or its fitness for a particular purpose regardless of cause. MealGenie is not responsible for, and Delivery Driver will not make any claim for damages, whether consequential, direct, special or indirect. The Delivery Driver hereby acknowledges that MealGenie has no power or authority to represent or bind MealGenie in any way. MealGenie will not be liable for any loss, expense or damage to Delivery Driver’s vehicle or others arising from defects, negligence, delays, failure of delivery, or nonperformance of the Vehicle.
  1. INDEMNIFICATION: Delivery Driver agrees to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Addendum or your use of the MealGenie Platform, including, but not limited to any use of the MealGenie Platform’s content, services, and products other than as expressly authorized in this Addendum, or your use of any information obtained from the MealGenie Platform.
  1. JURISDICTION: This Addendum shall be binding when accepted in writing by MealGenie. The interpretation, construction, and validity of this Addendum and the rights and obligations of the parties hereto shall be governed and construed in accordance with the internal laws of the state of California (without regard to the conflict of laws principles of any state) including all matters of construction, validity and performance, regardless of the location of the vehicle or the residency of the Delivery Driver. With respect to any legal action commenced hereunder, Delivery Driver hereby voluntarily consents to the jurisdiction of any federal or state court located in the state of California. 
  1. PROPRIETARY RIGHTS AND LICENSES
  1. All trademarks, copyright, database rights, patent, and other intellectual property rights of any nature in the MealGenie Platform, together with the underlying software code, its affiliated content (which may be accessed outside of the MealGenie Platform on MealGenie-controlled webpages), and any and all Rights in, or derived from the MealGenie Platform or the MealGenie Platform are proprietary and owned either directly by MealGenie or by MealGenie’s licensors and is protected by applicable intellectual property and other laws. You agree that you will not use such proprietary information or materials in any way except for the use of the MealGenie Platform in compliance with these Terms and the Addendum. No portion of the MealGenie Platform may be reproduced in any form or by any means except as expressly permitted in these Terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the MealGenie Platform in any manner, and you shall not exploit the MealGenie Platform in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
  2. MealGenie hereby grants you a non-exclusive, non-transferable, non-sublicensable, worldwide, and perpetual revocable license to use the MealGenie Platform for your lawful use in accordance with these Terms and the Addendum on your Device. MealGenie retains all rights, title, and interest in and to the MealGenie Platform, the MealGenie Platform, and its other intellectual property. This license starts on the date that you accept these Terms and install or otherwise use the MealGenie Platform. The license ends on the earlier of the date of your disposal of the MealGenie Platform or in accordance with the Addendum or the Terms of Use.
  3. The MealGenie Platform may request from you any feedback, including but not limited to product or retailer information or images of receipts or products (“Feedback”). You agree that such Feedback shall be the exclusive property of MealGenie and that you will sign all documents necessary to confirm or perfect the sole ownership of MealGenie to the Feedback. You further agree not to enforce and otherwise waive to the fullest extent legally possible any moral rights that you may have now or in the future in respect of the Feedback and, to the extent MealGenie is not recognized as the owner of Feedback; you agree to grant MealGenie a worldwide, perpetual, irrevocable, royalty-free, fee-free, fully transferable and sub-licensable license to use, exploit, or modify the Feedback in any way and for any purpose without payment to you.
  1. CONDITIONS OF USE
  1. When signing up to be a user of the MealGenie Platform, your information will be used to create an account. You may not sign up more than once. You will take all reasonable steps to protect your login details and keep them secret, including any access codes you may be sent to access your account. You are responsible for all activities performed using the MealGenie Platform, whether you authorize the access or not.
  2. You may use the MealGenie Platform in accordance with the following conditions:
    1. Pursuant to the Addendum, with the terms of service of the relevant digital storefront where you obtained the MealGenie Platform, including but not limited to the Apple iOS App Store and the Google Play Store, in accordance with any applicable third-party terms of agreement using the MealGenie Platform, and per any applicable law, rule, and regulation.
    2. You may only use the MealGenie Platform in countries and territories where MealGenie’s services are available to customers.
    3. You must always provide MealGenie information that is true, accurate, and complete. You may not impersonate any other person in your use of the MealGenie Platform or the MealGenie Platform or post another person’s personal information, data, content, or materials through the MealGenie Platform or the MealGenie Platform without the person’s consent.
    4. You may not rent, lease, sell, transfer, redistribute, or sublicense the MealGenie Platform.
    5. You may not use or promote the use of any form of modifications, exploits, or other unauthorized means to interfere with or gain undue advantage in your use of the MealGenie Platform.
    6. You may not attempt to disrupt or burden the normal operation of the MealGenie Platform, any of MealGenie’s infrastructure or any of MealGenie’s other business activities.
    7. You may not make any automated uses of the MealGenie Platform or the MealGenie Platform or gain any other unauthorized access in addition to that.
    8. viii.You may not attempt to decompile, reverse engineer, disassemble, hack, defeat, or overcome any of MealGenie’s software, encryption technologies, or security measures or data transmitted, processed or stored by MealGenie.
  3. MealGenie’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future concerning that provision, any other provision, or these Terms as a whole.
  1. DISCLAIMER AND LIMITATION OF LIABILITY
  1. THE MEALGENIE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEALGENIE DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEALGENIE MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE MEALGENIE PLATFORM OR MEALGENIE PLATFORM OR THAT THE MEALGENIE PLATFORM OR MEALGENIE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.
  2. MEALGENIE SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE MEALGENIE PLATFORM OR MEALGENIE PLATFORM, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING, AND/OR DELIVERING INFORMATION REGARDING THE SERVICES. MEALGENIE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSS OF PROFIT OR REVENUES, EVEN IF MEALGENIE HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MEALGENIE IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF YOUR INABILITY TO ACCESS, OR YOUR DIFFICULTY IN ACCESSING, THE MEALGENIE PLATFORM THROUGH THE MEALGENIE PLATFORM. MEALGENIE IS NOT LIABLE FOR ANY CHARGES YOU MAY INCUR IN USING THE MEALGENIE PLATFORM. MEALGENIE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS AND ACCESSED THROUGH THE MEALGENIE PLATFORM OR BY ANY OTHER MEANS. MEALGENIE SPECIFICALLY DISCLAIMS ANY LIABILITY OF ANY KIND FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE MEALGENIE PLATFORM OR MEALGENIE PLATFORM IN ANY COUNTRY.
  1. CHANGES AND UPDATES
  1. MealGenie may make changes to these Terms from time to time. When MealGenie does so, MealGenie will post the most current version of the Terms. If a revision to the Terms is material, MealGenie will notify you of the new Terms (for example, by email or a notification on the MealGenie Platform). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue using the MealGenie Platform.
  2. You understand that, at its sole discretion, MealGenie may provide updates and changes to the MealGenie Platform and that it is your responsibility to update the MealGenie Platform when updates are available. MealGenie is not liable for any loss you may suffer due to your failure to update.
  1. CONTACT INFORMATION

The MealGenie Platform is operated by MealGenie Corporation.

All feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: support@MealGenie.com.