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BUY N GO PICKUP DELIVERY SERVICES LLC
DRIVER (GIG WORKER) TERMS & CONDITIONS
THIS AGREEMENT ("Agreement") is entered into between Buy N Go Pickup and Delivery Services, LLC, a corporation organized under the laws of the State of Florida, with its principal place of business at 19046 Bruce B. Downs Blvd #1010, Tampa FL 33647 ("Company" or "Buy N Go Pickup") and the individual or entity accepting these terms ("Driver" or "Contractor").
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1. DEFINITIONS​
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1.1 "Buy N Go Pickup Platform" or "Platform" means the Buy N Go Pickup proprietary technology platform, including the mobile applications and websites owned and operated by Buy N Go Pickup that enable users to arrange and schedule transportation, logistics, and/or delivery services with independent third-party providers of such services.​​
1.2 "Customer" means an end user who uses the Buy N Go Pickup Platform to request delivery services from Drivers.
1.3 "Delivery Services" means the pickup, transportation, and delivery services provided by Drivers to Customers through the Buy N Go Pickup Platform.
1.4 "Driver Data" means all data related to the Driver's access to and use of the Buy N Go Pickup Platform, including all data related to Customers (including Customer Information), all data related to the provision of Delivery Services via the Buy N Go Pickup Platform, and the Driver ID, Driver profile information, and Driver location data.
1.5 "Driver ID" means the identification and password key assigned to Driver that enables Driver to use and access the Buy N Go Pickup Platform.
1.6 "Customer Information" means information about a Customer made available to Driver in connection with a request for and use of Delivery Services, which may include the Customer's name, pick-up location, delivery location, contact information, and photo.
1.7 "Territory" means the geographic area in which Driver is authorized to receive delivery requests through the Buy N Go Pickup Platform.
2. RELATIONSHIP OF THE PARTIES
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2.1 Independent Contractor Status. The relationship between Buy N Go Pickup and Driver is solely that of independent contracting parties. The parties expressly agree that:
2.1.1 This Agreement is not an employment agreement, nor does it create an employment relationship, joint venture, partnership, or agency between Buy N Go Pickup and Driver;​
2.1.1.1 Driver has no authority to bind Buy N Go Pickup, and Driver undertakes not to hold themselves out as an employee, agent, or authorized representative of Buy N Go Pickup;
2.1.1.2 Buy N Go Pickup does not, and shall not be deemed to, direct or control Driver generally or in Driver's performance under this Agreement, including in connection with Driver's provision of Delivery Services, Driver's acts or omissions, or Driver's operation and maintenance of Driver's vehicle;
2.1.1.3 Driver retains the sole right to determine when, where, and for how long Driver will utilize the Buy N Go Pickup Platform;
2.1.1.4 Driver retains the option, via the Buy N Go Pickup Platform, to accept or decline or ignore a Customer's request for Delivery Services, or to cancel an accepted request, subject to Buy N Go Pickup's then-current cancellation policies.​​
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2.2 No Benefits.
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2.2.1 Driver acknowledges and agrees that Driver has no right to, and shall not, receive any benefits normally provided to Buy N Go Pickup's employees, including but not limited to vacation pay, sick leave, retirement benefits, social security, workers' compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.​
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2.3 Tax Obligations.
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2.3.1 As an independent contractor, Driver acknowledges and agrees that:
2.3.1.1 Driver is solely responsible for all tax obligations associated with the compensation received under this Agreement, including all self-employment taxes, income taxes, and any other tax obligations;
2.3.1.2 Buy N Go Pickup will not withhold any taxes from Driver's compensation;
2.3.1.3 Buy N Go Pickup will provide Driver with a Form 1099-MISC or other appropriate tax documentation for services rendered, as required by law;
2.3.1.4 Driver is responsible for maintaining accurate records of all income received and expenses incurred in connection with providing Delivery Services.
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2.4 Business Expenses.
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2.4.1 Driver is solely responsible for all expenses incurred while performing services under this Agreement, including but not limited to:
2.4.1.1 All costs and expenses related to Driver's vehicle, including acquisition, maintenance, repairs, fuel, insurance, and depreciation;
2.4.1.2 All costs related to mobile devices, data plans, and any other equipment necessary to access and use the Buy N Go Pickup Platform;
2.4.1.3 Any business licenses, permits, or certifications required to provide Delivery Services.
3. COMPENSATION STRUCTURE​
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3.1. In consideration for the complete and satisfactory performance of Services rendered by Contractor under this Agreement, Buy N Go shall pay Contractor a fee based on the established pricing structure within the Buy N Go platform/system. The Contractor's compensation shall be calculated as follows:
3.1. Base Service Commission: Contractor shall receive seventy percent (70%) of the Base Delivery Service Fee for each completed and verified delivery, as set forth in the Buy N Go pricing schedule. Buy N Go shall retain the remaining thirty percent (30%) of the Base Delivery Service Fee.
Variable Fee Pass-Through: The Contractor shall receive one hundred percent (100%) of the following variable fees and surcharges, with Buy N Go retaining zero percent (0%) of these designated fees, which are deemed compensation for the Contractor's variable operating costs (e.g., fuel, time, and physical labor):
3.1.1.1 Mileage Surcharges
3.1.1.2 Cancellation Fees
3.1.1.3 Rush/After-Hours Fees
3.1.1.4 Excessive Wait Time Fees
3.1.1.5 Stair Carry/Elevator Coordination Fees
3.1.1.6 Tips (100% of all tips received)
3.1.2 Other Fees: Buy N Go shall retain one hundred percent (100%) of all Admin Fees, Processing Fees, and sales or other taxes collected, except where specified.
3.1.3 Payment Cycle and Schedule: Pay is processed weekly, with payments issued for the period ending one week in arrears."
3.1.3.1 Work Week: The designated work and pay period for calculating services rendered shall run from Sunday through the following Friday.
3.1.3.2 Payday: Buy N Go shall process and remit payment for all accrued compensation every Tuesday.
3.1.3.3 Payment in Arrears: Payment issued on Tuesday shall cover the services rendered during the pay period ending the Friday one (1) week prior to the Payday. This one-week lag allows Buy N Go time to audit, verify completed services, and process customer payments.
3.1.3.1 Holiday Rule: In the event the Payday (Tuesday) falls on a banking holiday, payment shall be issued on the Monday immediately preceding the holiday.
4. DRIVER REQUIREMENTS AND OBLIGATIONS
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4.1 Driver Eligibility.
4.1.1 To be eligible to provide Delivery Services, Driver must:
4.1.2 Be at least 21 years of age;
4.1.3 Possess a valid driver's license for the jurisdiction in which Driver operates;
4.1.4 Own, lease, or otherwise have lawful possession of a vehicle that meets Buy N Go Pickup's vehicle requirements for the State of Florida;
4.1.5Maintain a valid vehicle registration and proof of insurance for the vehicle used to provide Delivery Services;
4.1.6 Successfully complete Buy N Go Pickup's onboarding process, which may include a background check, insurance verification and proof of eligibility to work in the United States;
4.1.7 Comply with all applicable laws, regulations, and Buy N Go Pickup policies regarding the provision of Delivery Services.​
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4.2 Background Checks and Ongoing Verification. Driver expressly consents to:
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4.2.1 Buy N Go Pickup conducting a background check on Driver prior to activation on the Buy N Go Pickup Platform and periodically thereafter at Buy N Go Pickup's discretion;
4.2.2 Buy N Go Pickup verifying Driver's driving record, criminal history, and other information relevant to Driver's eligibility to provide Delivery Services;
4.2.3 Buy N Go Pickup sharing Driver's information with third-party verification services for the purpose of conducting background checks and verifications;
4.2.4 Buy N Go Pickup's continuous monitoring of Driver's eligibility, which may include real-time monitoring of driving behavior, compliance with this Agreement, and adherence to Buy N Go Pickup's policies.
4.3 Vehicle Requirements. Driver's vehicle must:
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4.3.1Be a four-door vehicle that is 15 years old or newer (or such other age limit that may be specified by Buy N Go Pickup for the State of Florida);
​4.3.2 Be in good operating condition, with no cosmetic damage or mechanical issues that would affect the safe operation of the vehicle or the quality of Delivery Services;
4.3.3 Be properly registered and insured as required by applicable law;
4.3.4 Be capable of safely transporting the types of items typically requested for delivery through the Buy N Go Pickup Platform;
4.3.5 Comply with all applicable laws, regulations, and Buy N Go Pickup policies regarding vehicle safety and operation.
4.4 Insurance requirements​
4.4.1 Driver must maintain automobile liability insurance that provides protection against bodily injury and property damage to third parties at levels of coverage that satisfy all applicable laws in the Territory. Driver's insurance policy must:
4.4.1.1. Name Driver as the named insured or otherwise cover Driver's operation of the vehicle while providing Delivery Services;
​4.4.1.2. Be issued by an insurance company licensed to do business in the State of Florida;
4.4.1.3. Provide coverage for the entire time that Driver is logged into the Buy N Go Pickup Platform, regardless of whether Driver has accepted a delivery request;
4.4.1.4 Not exclude coverage for commercial activity or the provision of delivery services;
Provide Buy N Go Pickup with proof of insurance upon request.​​
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4.5 Performance Standards. Driver agrees to:
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4.5.1 Provide Delivery Services in a professional manner with due skill, care, and diligence;
4.5.2 Maintain high standards of professionalism, service, and courtesy;
4.5.3 Comply with all reasonable requests from Customers in connection with the provision of Delivery Services;
4.5.4 Comply with all Buy N Go Pickup policies, procedures, and quality standards, as may be established and modified from time to time;
4.5.5 Maintain a minimum average Customer rating as established by Buy N Go Pickup, which may be updated from time to time;
4.5.6. Accept a minimum percentage of delivery requests as established by Buy N Go Pickup, which may be updated from time to time;
4.5.7 Complete all accepted delivery requests unless there is a valid reason for cancellation under Buy N Go Pickup's policies.
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4.6 Compliance with Laws. Driver shall:​
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4.6.1 Comply with all applicable federal, state, and local laws, rules, and regulations, including all transportation, traffic, and safety laws;
4.6.2 Possess and maintain all permits, licenses, registrations, and certifications required to provide Delivery Services in the State of Florida;
4.6.3 Pay all applicable fees, fines, taxes, and assessments related to the provision of Delivery Services;
4.6.4 Comply with all applicable laws regarding maximum working hours, rest periods, and other requirements related to the operation of commercial vehicles, if applicable;
4.6.5 Immediately notify Buy N Go Pickup of any change in Driver's status that would affect Driver's eligibility to provide Delivery Services, including but not limited to suspension or revocation of Driver's license, changes in insurance coverage, or criminal charges or convictions.
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4.7 Prohibited Activities. Driver shall not:​
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4.7.1 Transport any individuals other than the Driver while providing Delivery Services;
4.7.2 Transport any items that are illegal, hazardous, dangerous, or prohibited by applicable law or Buy N Go Pickup policy, including but not limited to weapons, explosives, illegal drugs, or hazardous materials;
4.7.3 Engage in any fraudulent, deceptive, or manipulative activity in connection with the use of the Buy N Go Pickup Platform or the provision of Delivery Services;
4.7.4. Use the Buy N Go Pickup Platform while under the influence of alcohol, drugs, or any other substance that might impair Driver's ability to safely provide Delivery Services;
4.7.5 Discriminate against any Customer on the basis of race, color, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic protected under applicable law;
4.7.6 Engage in any activity that would damage the reputation or business of Buy N Go Pickup or impair the provision of Delivery Services to Customers.
5. BUY N GO PICKUP AND DELIVERY PLATFORM AND DELIVERY SERVICES
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5.1 License to Use the Buy N Go Pickup and Delivery Platform. Subject to Driver's compliance with this Agreement, Buy N Go Pickup hereby grants Driver a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the Buy N Go Pickup and Delivery Platform during the term of this Agreement solely for the purpose of providing Delivery Services in the Territory.
5.2. Proprietary Rights. Driver acknowledges that:
5.2.1 The Buy N Go Pickup Platform and all materials, content, and intellectual property contained therein are owned solely by Buy N Go Pickup and are protected by applicable intellectual property laws;
5.2.2 Driver shall not copy, modify, distribute, sell, or create derivative works of the Buy N Go Pickup Platform or any part thereof;
5.2.3 Driver shall not reverse engineer, decompile, or disassemble the Buy N Go Pickup Platform;
5.2.4. All Driver Data collected through the Buy N Go Pickup Platform belongs to Buy N Go Pickup, and Driver agrees to provide Buy N Go Pickup with all access and assistance reasonably necessary to collect and use Driver Data.
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5.3 Delivery Services. Driver shall provide Delivery Services:
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5.3.1 In accordance with Buy N Go Pickup policies, procedures, and service standards;
5.3.2 Promptly, safely, and in a professional manner;
5.3.3. Only after accepting Customer requests through the Buy N Go Pickup Platform;
5.3.4 In compliance with all applicable laws, rules, and regulations, including traffic and transportation laws.
5.3.5 Customer Ratings. Driver acknowledges that Buy N Go Pickup may allow Customers to rate the quality of Delivery Services, and that such ratings may impact Driver's ability to continue to access and use the Buy N Go Pickup Platform.
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5.5. Compensation.​
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5.5.1Buy N Go Pickup shall pay Driver for Delivery Services in accordance with Buy N Go Pickup's payment policies, including:
5.5.1.1 Driver compensation rates, including any applicable adjustments, fees, or incentives;
5.5.1.2 The schedule and method of payments;
Buy N Go Pickup's right to modify compensation policies at its discretion with reasonable notice to Driver.
6. VEHICLE COMPLIANCE AND INDEMNIFICATION​
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6.1 Vehicle Standard and Warranty. Contractor represents and warrants that any vehicle, combination vehicle, and/or equipment ("Equipment") used to perform services under this Agreement shall not meet the Federal Motor Carrier Safety
Administration (FMCSA) definition of a Commercial Motor Vehicle (CMV) by reason of weight. Specifically:
​6.1.1The Equipment's Gross Vehicle Weight Rating (GVWR), as rated by the manufacturer and listed on the vehicle's certification label, shall not exceed ten thousand (10,000) pounds
6.1.2 The Gross Combination Weight Rating (GCWR), if towing a trailer or other vehicle, shall not exceed ten thousand (10,000) pounds
6.1.3 The Contractor shall submit evidence of the Equipment's GVWR (e.g., photograph of the manufacturer's label) to Buy N Go upon request.
6.2 Breach of Vehicle Standard. Any use of Equipment with a GVWR or GCWR exceeding 10,000 lbs while providing services to Buy N Go shall constitute a material breach of this Agreement and may result in immediate termination.
6.3 Indemnification for Non-Compliance. Contractor agrees to indemnify, defend, and hold harmless Buy N Go from any and all claims, fines, penalties, liabilities, costs, and damages (including reasonable attorney's fees) arising out of or related to:
6.3.1 Any breach of the Vehicle Standard and Warranty set forth in Section 5
6.3.2 Any claim that Buy N Go is subject to regulations, licensing, or taxes (including USDOT regulations, IFTA, or driver medical requirements) solely because the Contractor operated Equipment exceeding the 10,000 lbs. GVWR/GCWR limit.
6.3.3 Any damages resulting from the Contractor's negligence, intentional acts, or actions outside the scope or in violation of this Agreement.
6.3.4 Survival. The rights and obligations of the parties under this Section shall survive this Agreement's termination, expiration, or completion.​
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7. DRIVER LIABILITY AND INSURANCE
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7.1 Driver Responsibility. Driver is solely responsible for:
7.1.1 Any loss, damage, or injury caused to Customers, third parties, or property while providing Delivery Services;
7.1.2 Any fines, penalties, or citations arising from Driver’s operation of a vehicle or performance of Delivery Services;
7.1.3 Ensuring all items are properly secured and handled to prevent damage during transport.
7.2 Insurance Coverage.
7.2.1 Driver shall maintain insurance as required under this Agreement and shall provide proof of insurance to Buy N Go Pickup upon request. Buy N Go Pickup does not provide any insurance coverage for Driver, except as otherwise required by law.
7.3. Indemnification.
7.3.1 Driver shall defend, indemnify, and hold harmless Buy N Go Pickup and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, costs, or expenses (including reasonable attorney fees) arising from:
7.3.1.1 Driver’s negligence, willful misconduct, or violation of this Agreement;
7.3.1.2 Driver’s provision of Delivery Services;
7.3.1.3 Driver’s breach of any applicable law, regulation, or third-party right.​
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8. CONFIDENTIALITY AND DATA USE
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8.1 Confidential Information. Driver shall keep confidential all information received in connection with Buy N Go Pickup and the Platform, including:
Customer Information;
8.1.1 Driver Data;
Business operations, pricing, policies, and proprietary technology.
8.2 Permitted Use.
8.2.1 Driver may only use Customer Information and Driver Data to provide Delivery Services and in accordance with Buy N Go Pickup policies. Driver shall not use or disclose such information for any other purpose.
8.3 Data Security.
8.3.1 Driver shall take reasonable measures to protect Customer Information and Driver Data from unauthorized access, disclosure, or use.
9. TERMINATION
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9.1 Termination by Buy N Go Pickup. Buy N Go Pickup may terminate this Agreement at any time, with or without cause, by providing notice to Driver.
9.2 Termination by Driver. Driver may terminate this Agreement at any time by ceasing to provide Delivery Services and notifying Buy N Go Pickup.
9.3 Effect of Termination. Upon termination:
9.3.1 Driver shall immediately cease use of the Buy N Go Pickup Platform;
9.3.2 Driver shall return or destroy all confidential information and materials;
9.3.2 All outstanding obligations, including payment for services already rendered and indemnification obligations, shall survive termination.
10. DISPUTE RESOLUTION​
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10.1 Governing Law.
10.1.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of laws principles.
10.2. Arbitration.
10.2.1 Any dispute arising out of or relating to this Agreement or the provision of Delivery Services shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Tampa, Florida. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
10.3 Waiver of Class Action.
10.3.1 Driver agrees that any dispute with Buy N Go Pickup shall be resolved individually and not as part of a class or collective action.
11. MISCELLANEOUS​
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11.1 Amendments.
11.1.1 Buy N Go Pickup may amend this Agreement at any time by providing notice to Driver, including via the Platform. Continued use of the Platform after notice constitutes acceptance of the amended terms.
11.2 Entire Agreement.
11.2.1 This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, representations, and understandings.
11.3 Severability.
11.3.1. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
11.4 Assignment.
11.4.1 Driver may not assign or delegate any rights or obligations under this Agreement without Buy N Go Pickup's prior written consent. Buy N Go Pickup may assign its rights and obligations without restriction.
11.5 Notices.
11.5.1 All notices under this Agreement shall be provided in writing, either by email, the Platform, or mail to the addresses on record.
11.6 Force Majeure.
11.6.1 Buy N Go Pickup shall not be liable for any delay or failure in performance due to events beyond its reasonable control, including natural disasters, labor disputes, or technical failures.​
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12. ACKNOWLEDGMENT
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12.1 BY USING THE BUY N GO PICKUP PLATFORM, DRIVER ACKNOWLEDGES THAT THEY HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS.
