Driver App Terms of Service

Last Updated: January 01, 2022

On-Demand Carrier Agreement 

The following ON-Demand Carrier Agreement, together with the UBERCANN Terms of Use and UBERCANN Privacy Notice incorporated by reference below (collectively, this “Agreement”), governs (i) the use by on-demand carriers (collectively, “Carriers”) and Carrier Representatives (as defined below) of the electronic platforms offered by UBERCANN (as defined below), including the UBERCANN websites and mobile applications (collectively, the “UBERCANN Platforms”), and (ii) the relationship between UBERCANN and each Carrier regarding the transportation by Carriers that (A) is brokered by UBERCANN or (B) uses UBERCANN Link (as described in Section 18 below).

This Agreement applies to (i) users of the UBERCANN Platforms in the United States a and (ii) Carriers and their Carrier Representatives performing Services (as defined below) in the United States.

UBERCANN (“UBERCANN” or “Broker”), provides carrier brokerage services that involve arranging for the transportation of of third-party shippers (collectively, “Shippers”) by Carriers in accordance with this Agreement (collectively, the “UBERCANN Service”). UBERCANN is not a motor carrier.

By signing up and registering with UBERCANN and by any Carrier Representative accessing or using any UBERCANN Service on Carrier’s behalf on or after the date first set forth above, Carrier accepts this Agreement, and in doing so such Carrier Representative represents and warrants to UBERCANN that he or she has the legal right, authority, and capacity to enter into this Agreement on behalf of such Carrier. Neither you nor your Carrier is permitted to access or use the UBERCANN Service or accept this Agreement if you or the Carrier do not meet any of the requirements set forth below. Please read this Agreement carefully before using the UBERCANN Service. Use of the UBERCANN Service is conditioned on your Carrier’s agreement to all of the terms and conditions contained in this Agreement.

If you or the Carrier you represent do not agree to any of the terms of this Agreement, you and your Carrier are prohibited from accessing or using the UBERCANN Service unless and until an authorized representative of the Carrier you represent enters into this Agreement.

Please refer to the UBERCANN Privacy for information about how we collect, use and disclose information about Carriers, Carrier Representatives and other users of the UBERCANN Service.

The terms of use governing access to and use of the UBERCANN Platforms, including our mobile application and our web portal, (the “UBERCANN Terms”). The UBERCANN Terms of Use, as well as the UBERCANN Privacy, are incorporated herein by reference and form part of this Agreement.

The following On-demand Carrier Agreement is entered into by and between UBERCANN and the Carrier providing Services (as defined below). This Agreement amends, restates and supersedes in its entirety any other agreements regarding the subject matter hereof, including (i) the terms and conditions of any tariffs, bills or other documents provided by Carrier and (ii) any other written on-demand carrier agreement between Carrier and UBERCANN (collectively, the “Parties”).

1. Carrier’s Operating Authority and Compliance with Law.

(a) Carrier represents and warrants that it is legally qualified in accordance with all applicable federal, state, local, provincial, statutes, regulations, rules, and ordinances (collectively, “Applicable Laws”) to provide, as a on-demand carrier, the interstate, intrastate, interprovincial, interprovincial, cross-border (“Services” or “Shipments”) contemplated by this Agreement.

(b) Carrier agrees to comply with all Applicable Laws in the performance of the Services and its obligations under this Agreement, including (i) the U.S. Federal Motor Carrier Safety Administration (“FMCSA”) and all rules and regulations promulgated thereunder; (ii) Applicable Laws relating to the transportation of Cannabis products, including the U.S. Food Safety Modernization Act (21 U.S.C. § 2201 et seq.), the U.S. Federal Food, Drug and Cosmetic Act (21 U.S.C. § 341 et seq.), the U.S. Sanitary Food Transportation Act (49 U.S.C. § 5701 et seq.), and the U.S. Food and Drug Administration’s Final Rule on the Sanitary Transportation of Human and Animal Food (21 C.F.R. § 1.900 et seq.); and (iii) Applicable Laws relating to air quality and the environment.

(c) Carrier shall maintain at all times an “Excellent,” “Satisfactory,” “Satisfactory – unrated,” “Satisfactory – unaudited”, “Continue to Operate,” or an unrated safety rating as required under Applicable Laws. If Carrier (i) receives or is notified it may receive any unsatisfactory, unfit or conditional safety rating, (ii) fails to maintain the insurance required by this Agreement, (iii) is notified that any such insurance may become ineffective, (iv) is notified of any intervention, investigation, safety audit or compliance review initiated by or on behalf any relevant regulatory authority, or (v) is otherwise prohibited by Applicable Law from performing Services hereunder, Carrier will not transport any Shipments tendered to Carrier and will promptly notify Broker of such notification, failure or prohibition.

2. Carrier Insurance Requirements.

(a) Carrier (if within the United States) must procure and maintain, at its sole cost and expense, the following:

• Automobile      liability insurance (“Auto Insurance”) covering all owned,      non-owned, and hired vehicles (including any trailers provided by Broker,      Shipper or any other party) insuring Carrier in an amount not less than $15,000      per occurrence for bodily injury or property damage, or such larger amount      as required by Applicable Law.

3. Performance of Services by Carrier.

(a) Carrier is solely responsible for controlling the method, manner, and means of accomplishing the performance of Services. Carrier and its Drivers are responsible for transporting Shipments in a timely manner without damage in transit, as well as determining the appropriate route for transportation. “Driver” means, collectively, the employees of Carrier, any contractors of Carrier (including owner-operators under contract with Carrier and any employees of any such owner-operator) and any other service provider or other personnel of Carrier, in each case, who is assigned to operate any motor vehicle transporting any Shipment on behalf of Carrier.

(b) This Agreement does not grant Carrier an exclusive right to perform any Services for Broker or any Shipper. 

(c) In the performance of Services, Carrier will be solely responsible for the acts and omissions of each of its employees, agents, representatives, contractors (including independent contractors and subcontractors) and any other service providers engaged by Carrier (including its Drivers, collectively, “Carrier Representatives”). In the event Carrier designates to Broker certain Carrier Representatives who are authorized to accept Shipments (or make other business decisions) on behalf of Carrier on any of the UBERCANN Platforms, (i) Carrier agrees that Broker may rely upon the acceptance by any such Carrier Representative of a Shipment made available to Carrier on any of the UBERCANN Platforms as creating a legally binding obligation of Carrier hereunder with respect to such Shipment, (ii) Carrier agrees to notify Broker immediately of any changes to (including removals from) the list of Carrier Representatives so designated and (iii) Carrier shall be solely responsible for any failure to accurately and timely notify Broker of any such changes to (including removals from) the list of designated Carrier Representatives.

(d) Carrier must utilize only competent and able personnel who are legally licensed in accordance with Applicable Laws to perform the Services. Carrier will be solely responsible for ensuring, and will ensure, at Carrier’s cost and expense, that such Carrier Representatives are fully qualified to perform Services hereunder. Carrier will also ensure that any Driver providing Services (i) has sufficient hours available to complete scheduled deliveries in accordance with, and without violation of, applicable hours-of-service regulations and other Applicable Laws, and (ii) complies with applicable drug and alcohol testing requirements and any other safety and security requirements under Applicable Laws. Carrier is solely responsible for determining whether scheduled Shipments can be completed on time without violation of Applicable Law.

(e) The relationship between the Parties is solely as independent business enterprises, each of which operates a separate and distinct business enterprise that provides a service outside the usual course of business of the other. This Agreement is not an employment agreement. Carrier confirms the existence and nature of such contractual relationship each time a Carrier Representative accesses the UBERCANN Platforms. Carrier assumes full responsibility for all taxes, assessments, insurance (including workers’ compensation, unemployment compensation, disability, pension, and social security insurance) and other financial obligations due to or otherwise involving Carrier Representatives (including compensation of its Drivers) arising out of the Services. Neither Broker nor any Shipper is an agent of Carrier and Carrier is not an agent of Broker or any Shipper. This Agreement does not create a joint venture, joint enterprise or partnership between Broker, Shipper and/or Carrier.

(f) If Carrier elects to provide access to any of the UBERCANN Platforms to any Driver, any directions, pickup or delivery instructions or other information provided through such UBERCANN Platform shall be deemed to be provided by Carrier to the Driver. Any navigational directions that Broker offers to Carrier or its Drivers are offered as a convenience only, and Carrier and its Drivers will have no obligation to follow such navigational directions. Notwithstanding any communications or other information transmitted to or from a Driver on any of the UBERCANN Platforms, Carrier agrees that it has full control of its Carrier Representatives in the performance of Services.

4. Payments by Broker to Carrier for Services.

(a) Subject to the terms and conditions hereof, for each Shipment delivered by Carrier, Broker will pay to Carrier (and not any Driver or any other Carrier Representative) or to a factoring company on behalf of Carrier (if so instructed in writing by Carrier) the rates and charges set forth in a rate confirmation provided by Broker to Carrier electronically or otherwise in respect of such Shipment (the “Rate Confirmation”). The Rate Confirmation constitutes an integral part of this Agreement and may contain additional terms, all of which are legally binding on Carrier. Carrier hereby agrees that any Shipment that is accepted by any of its Carrier Representatives on any of the UBERCANN Platforms or otherwise is and will be a Shipment and transportation Service of Carrier that is subject in all respects to this Agreement at the rates and charges and subject to the other terms set forth in the Rate Confirmation.

This UBERCANN Driver App Terms of Service (“Driver App Terms”) and the terms and conditions herein are an addendum to the UBERCANN Terms of Service (“Agreement”), and any other agreements incorporated by reference therein (collectively, the “UBERCANN Terms”), between you and UBERCANN and sets forth additional terms and conditions that are applicable to your facilitation of Delivery Services through the UBERCANN Platform. Unless otherwise defined, capitalized terms herein have the meaning set forth in the Agreement. The Driver App Terms apply to current or future Drivers employed or contracted by a Retailer (“Your Retailer”) who provides Delivery Services through the UBERCANN Platform.

Acceptance

By agreeing to the Terms of Service, you agree with the Driver App Terms. The Driver App Terms are part of, and are governed by, the terms and conditions set forth in our Terms of Service, including any agreements incorporated by reference within the Terms of Service. If you do not feel comfortable with any part of the Driver App Terms or our Terms of Service, you should stop using or accessing the UBERCANN Platform and terminate your Account.

Representations and Warranties

You hereby represent and warrant that: (i) you have full power and authority to enter into these Driver App Terms and perform your obligations hereunder; (ii) you have not entered into, and during the term will not enter into, any agreement that would prevent you from complying with these Driver App Terms; and (iii) you will comply with all applicable laws in your performance of these Driver App Terms, including holding and complying with all permits, licenses, registrations and other governmental authorizations necessary in the applicable Service Area in which you provide Delivery Services for Your Retailer (“Territory”) pursuant to these Driver App Terms.

You may only access the Service or the Driver App (together, the “Driver Platform”) using authorized means and compatible Devices (defined below). It is your responsibility to ensure you downloaded the correct Driver App for your Device. UBERCANN is not liable if you do not have a compatible Device or if you have downloaded the wrong version of the Driver App for your Device.

In addition to any other representations and warranties contained in the UBERCANN Terms, you agree to the following by accessing or using the Driver Platform:

• You will only use the Driver Platform pursuant to your employment or contract work with Your Retailer and in accordance with the UBERCANN Terms
• You will only use the Driver Platform for lawful purposes and will notify UBERCANN if any instructions provided to you via the Driver Platform are unlawful
• You will not use the Driver Platform for sending or storing any unlawful material or for fraudulent purposes
• You will not impair the proper operation of the UBERCANN Network, the Driver Platform, or any other aspects of the UBERCANN Platform
• You will not try to harm, disrupt or interfere with the proper functioning of the Driver Platform in any way whatsoever
• You will not copy or distribute the Driver App or other Content without written prior permission from UBERCANN
• You will only use the Driver Platform for your own use and will not resell or otherwise make it available to a third party
• You will keep your Account password or any identification allowing you to access the Driver Platform secure and confidential
• You will provide UBERCANN with any proof of identity UBERCANN reasonably requests
• While using the Driver Platform you will act in full compliance with the laws of your state pertaining to commercial cannabis transactions

YOUR USE OF THE DRIVER PLATFORM

PROVISION OF DELIVERY SERVICES

When the Driver App is active, Consumer requests for on-demand carrier services may appear to you via the Driver App if you are available. If you accept a Consumer’s request for Services, the Driver Platform will provide you with certain User Content via the Driver App, including the Consumer’s first name and delivery location. You acknowledge and agree that once you have accepted a Consumer’s request for Services, the Driver Platform may provide certain information about you to the Consumer in order to facilitate the Services, including your first name, contact information, photo and location, and your vehicle’s make, model, and license plate number. You will be responsible for performing the Services in a timely, efficient, safe, and lawful manner.

DRIVER ACCOUNTABILITY

You acknowledge and agree that at all times, you shall: hold and maintain (i) a valid driver’s license with the appropriate level of certification to operate the vehicle used to provide Delivery Services (“Vehicle”), and (ii) all licenses, permits, approvals and authority applicable to you that are necessary to provide Services in the Territory

You acknowledge and agree that UBERCANN reserves the right, at any time in the UBERCANN’s sole discretion, to deactivate, terminate, or otherwise restrict you from accessing or using the Driver Platform if you fail to meet the requirements set forth in the UBERCANN Terms. You agree to abide by all applicable laws, including without limitation those regarding the use of a Device while driving, using, or operating the Vehicle for Delivery Services.

DEVICES

In connection with the mobile device owned or controlled by you through which you operate the Driver App (“Device”): (i) you and/or Your Retailer are responsible for the acquisition, cost, and maintenance of your Device as well as any necessary wireless data plan; and (ii) UBERCANN shall make available the Driver App for installation on your Device. Your license to use the Driver App shall immediately terminate and you will delete and fully remove the Driver App from your Device in the event that you cease to provide Delivery Services using your Device. You agree that: (i) use of the Driver App 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 or Your Retailer’s expense; and (ii) use of the Driver App on your Device may consume very large amounts of data through the data plan. 

UBERCANN ADVISES THAT YOUR DEVICE ONLY BE USED UNDER A DATA PLAN WITH UNLIMITED OR VERY HIGH DATA USAGE LIMITS. UBERCANN SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FEES, COSTS, OR OVERAGE CHARGES ASSOCIATED WITH ANY DATA PLAN. You agree to use the Device in compliance with all applicable laws and regulations.

GEOLOCATION DATA

You acknowledge and agree that your geolocation information must be provided to the Driver Platform via the Device in order to provide Delivery Services. In addition, UBERCANN and its affiliates may monitor, track, and share with third parties, including Your Retailer, your geolocation information for safety, security, business, and operational purposes. You agree that you will not manipulate, abuse, or interfere with the geolocation feature on the Driver Platform.

THIRD-PARTY SOFTWARE

You acknowledge and agree that your use of the Driver Platform may require access, use, installation and/or download of third-party software, including mobile applications. You are solely responsible for complying with the terms and conditions of such third-party software. UBERCANN is not responsible for your access, use, installation and/or download of such third-party software or any delays or delivery failures that result from your access, use, installation and/or download of such third-party software. YOU HEREBY EXPRESSLY WAIVE AND RELEASE UBERCANN FROM ANY AND ALL DAMAGES, LIABILITIES OR LOSSES RESULTING FROM YOUR ACCESS, USE, INSTALLATION AND/OR DOWNLOAD OF SUCH THIRD-PARTY SOFTWARE.

THE PARTIES

YOUR RELATIONSHIP WITH CONSUMERS

You acknowledge and agree that your provision of Delivery Services to Consumers consists of a direct business relationship between you and Your Retailer on one side, and such Consumers on the other. UBERCANN is not responsible or liable for the actions or inactions of a Consumer in relation to you, your Retailer, your collective activities or your Vehicle. You and your Retailer shall have sole responsibility for any obligations or liabilities to Consumers or third parties that arise from your provision of Delivery Services. You acknowledge and agree that you are solely responsible for taking or ensuring such precautions as may be reasonable and proper regarding any acts or omissions by you or of a Consumer or third party. You acknowledge and agree that UBERCANN may use, share, and protect your PII or other User Data in accordance with the Privacy Policy. You acknowledge and agree that you may not transport or allow inside the Vehicle any Consumer or other individuals during the performance of Delivery Services, unless otherwise required by applicable law. You acknowledge and agree that your provision of Delivery Services will be without unauthorized interruptions or unauthorized stops, except as required by applicable law or for emergency purposes.

YOUR RELATIONSHIP WITH UBERCANN

The parties expressly agree that the UBERCANN Terms, including these Driver App Terms: (i) do not constitute an employment agreement nor do they create an employment relationship between you and UBERCANN; and (ii) do not create any service relationship, joint venture, franchisee relationship, partnership, agency, or contract directly between you and UBERCANN other than the right to access and use the Driver Platform under the terms and conditions hereunder. You acknowledge and agree that you are not an employee or independent contractor of UBERCANN and that you are solely a licensee of the Driver Platform. Your employment or independent contractor agreement with Your Retailer shall govern the terms and conditions of your employment or contract work.

UBERCANN WILL NOT ASSESS YOUR SUITABILITY, LEGALITY, OR ABILITY TO PROVIDE DELIVERY SERVICES AND YOU EXPRESSLY WAIVE AND RELEASE UBERCANN FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR PROVISION OF DELIVERY SERVICES OR YOUR ACCESS, USE, OR INABILITY TO ACCESS OR USE THE DRIVER PLATFORM.

UBERCANN does not direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of the Delivery Services, your acts or omissions, or your operation and maintenance of your vehicle. You and/or Your Retailer retain the sole right to determine when, where, and for how long you will utilize the Driver Platform, except as otherwise expressly set forth in the UBERCANN Terms. With the exception of any signage required by local law or permit/license requirements, UBERCANN shall have no right to require you to: (i) display UBERCANN’s or any of its affiliates’ names, logos or colors on the Vehicle; or (ii) wear a uniform or any other clothing displaying UBERCANN’s or any of its affiliates’ names, logos or colors. You acknowledge and agree that you have complete discretion to provide services or otherwise engage in other business or employment activities. UBERCANN retains the right to deactivate, suspend, or otherwise restrict you from accessing or using the Driver Platform in the event of a violation or alleged violation of the UBERCANN Terms, your disparagement of UBERCANN or any of its partners, your act or omission that causes harm to UBERCANN’s, its affiliates’, or its partners’ brand, reputation, or business as determined by UBERCANN in its sole discretion.

You have no authority to bind UBERCANN and you undertake not to hold yourself out as an employee, agent, independent contractor, or authorized representative of UBERCANN. Where, by implication of mandatory law or otherwise, you may be deemed an agent or representative of UBERCANN, you undertake and agree to indemnify, defend (at UBERCANN’s option), and hold UBERCANN, its affiliates and its partners harmless from and against any claims by any person or entity based on such implied agency or representative relationship.

Additional Provisions

FEES & PAYMENT

Your Retailer may require you to collect Charges from Consumers on its behalf for Products and/or Delivery Services, and you acknowledge and agree that UBERCANN is not responsible for such collection or any damages, liabilities, or losses resulting from such collection. You acknowledge and agree that UBERCANN is not responsible for any payments or compensation owed to you for your provision of the Delivery Services or use of the Driver Platform. In the event of any payment disputes, please contact Your Retailer.

PRIVACY AND CONFIDENTIALITY

UBERCANN entrusts you with Confidential Information, PII and other User Data relating to other Users when using the Driver Platform. By accessing or using the Driver Platform, we expect you to uphold the UBERCANN privacy practices to ensure all User Data remain secure and confidential. You should handle User Data with the same level of care and security as if it were your own. The Privacy Policy describes how UBERCANN collects, uses and protects User Data, including yours.

You represent and warrant that:

• You have reviewed and understand UBERCANN’s Privacy Policy, and will access, use, and protect any data in accordance with the UBERCANN Privacy Policy
• You will handle User Data responsibly and securely, and will not disclose any User Data to any third party except to the extent you need to disclose it to Your Retailer in order to fulfill Delivery Services, or as otherwise      required to disclose it by operation of law
• You will not store or create copies of User Data, or enable any third party to      do so, outside of the Driver Platform
• You will destroy or delete copies of any User Data as soon as the information is no longer necessary for you to provide Delivery Services or to operate the Driver Platform
• You will only access or use User Data as necessary to provide Delivery Services or to operate the Driver Platform
• You will notify UBERCANN without undue delay if you suspect an unauthorized      party has accessed your Account, any User Data, or if you have any other      security concerns
• You will not use User Data to contact individuals or solicit them for purposes not related to the provision of Delivery Services

COMPLIANCE WITH LAWS

You agree that you will comply with all applicable laws and will not cause UBERCANN to violate any applicable laws or effect the perception of a violation of such laws. You agree that you will verify that the Consumer provides a valid government-issued identification and any other verification as prompted by the Driver Platform (e.g., signature, etc.). Please note, the Driver Platform is not capable of fulfilling special requests or substitutions for the purchase of Products at the point of delivery.

GENERAL

If any provision of these Driver App Terms is held to be invalid or unenforceable, you and UBERCANN agree that such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of UBERCANN to enforce any right or provision in these Driver App Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by UBERCANN in writing.

CONTACT US

If you have any questions or concerns regarding the Driver App Terms or the UBERCANN Terms, please contact Customer Support.