DRAFT FOR LEGAL REVIEW — NOT IN FORCE.
Terms of Use — Kiwi Eats Driver App
These cover using the app. The work itself — what you do, what we pay, how it ends — is in the Independent Contractor Agreement, and if the two ever disagree, the Contractor Agreement wins.
Provider: Tauranga Food Limited, NZBN 9429046588135, 70 Tynan Street, Te Puke 3119.
1. Your account
- Your account is yours alone. Do not let anyone else use it, and do not accept deliveries on someone else's behalf.
- You sign in with a code sent to your email. Anyone with access to that inbox can get into your account, so keep it secure.
- Tell us straight away if you think someone else has used your account.
- We may suspend an account we reasonably believe is being misused, or is being used by someone other than its owner.
2. Using the app properly
Do not:
- use the app while driving — stop the vehicle first;
- try to get at parts of the system you are not meant to see, including other drivers' information or customer details for deliveries you did not accept;
- automate, script or scrape the app, or use anything other than the app itself to accept jobs;
- copy customer information out of the app (see the Contractor Agreement, clause 9).
3. What the app does and does not promise
- The app will not always work. Phones lose signal, servers restart, and things break. We will not always be able to tell you a job exists.
- Do not rely on a notification arriving. Notifications are best-effort: they are sent after an order is recorded, and a failure to send one does not mean the order was not created.
- We do not promise any amount of work, at any time, in any area.
- If the app is down when you would otherwise have earned, that is not something we compensate. It is the ordinary risk of running your own business, and it cuts both ways — you owe us nothing when you do not work.
4. Deliveries in progress
If the app fails partway through a delivery, complete the delivery and sort the record out afterwards — call the store. A customer waiting for food is a real person; a missing row in a database is not an emergency.
If your phone dies or you genuinely cannot finish, call the store as soon as you can so someone can pick it up. We can hand the job back on your behalf.
5. Things the app shows you
- The fee shown on a job is what you will be paid for it, fixed before you saw it.
- The map and distance are estimates. Use your own judgement about the route.
- "Cash to collect" is what the customer owes the store. Check it at the door.
6. Features that are switched off
Some parts of the app are visible but inactive — a rewards club, and a priority dispatch mode. They do nothing at present, they form no part of what you are owed, and nothing in them is a promise. If we ever turn one on, we will tell you what it means first.
7. Suspending or closing your account
- You can delete your account from the app at any time (see the Privacy Policy).
- We may suspend or close your account if you breach these terms or the Contractor Agreement, or if we stop operating in your area.
- Closing your account does not affect fees you have already earned. We pay for every completed delivery regardless.
8. Changes
If we change these terms we will show you the new version and ask you to accept it. Accepting this version is not acceptance of a later one.
9. Law
New Zealand law applies.
Questions? info@kiwieats.co.nz. In an emergency, call 111 first.
REVIEWER: this is the contact for questions about these terms. Day-to-day operational help is deliberately somewhere else — the app's Help screen leads with "Call <your store>", because a driver stuck at a doorstep needs a phone number and not an inbox. Change this if the two are meant to be the same.