These Terms and Conditions (“Terms”) set forth the terms and conditions that Senpex, LLC (“Senpex”) requires you to accept before you can provide Delivery Services for other Users of the Senpex Platform.
These Terms whether stated or otherwise referenced herein constitute a legal agreement between you and Senpex. By using or accessing the Senpex Platform to perform Delivery Services, you hereby expressly acknowledge and agree to be bound by these Terms, and any future amendments and additions to these Terms as published from time to time on our Website at the Senpex Courier Terms & Conditions page. Upon accessing or using the Senpex Platform or performing Delivery Services you become a “User” of Senpex’s Platform as a “Courier”, as further described herein.
Senpex reserves the right to modify the terms and conditions for our Couriers as required by law, effective upon posting of an updated version of the Terms on our Website for Senpex Couriers and on our Delivery App. You are still responsible for regularly reviewing these places for any updates to the Terms. Use of our Platform after any updates to these Terms shall constitute your consent to all such changes made to the Terms in such update and your affirmation of your agreement to the updated Terms as a whole.
Courier acknowledges, agrees and understands that:
- Courier is at least 21 years of age;
- Courier must maintain a valid drivers license, insurance card and photo on the Senpex mobile app;
- Before working with Senpex, the "Company", Courier must fill out the application form through the mobile app or web and pass an online interview. Afterward, the Courier needs to sign a contract and pass video training tutorials on how to use the app. Within 24 - 48 hours after the online interview, Courier will receive the status of his/her application;
- Driver acknowledges that Senpex will not accept any responsibility for any auto insurance claims incurred during performing deliveries, including but not limited to, theft, vandalism, and loss or damage to any personal property;
- Courier must drive the transportation vehicle registered on the Senpex app and that transportation vehicle must be in good operating condition and meet all industry safety standards and all applicable state department of motor vehicle standards for a vehicle of its kind;
- If Courier is delivering for Senpex customers, Courier is an independent contractor and is not an employee, owner, joint venture partner or agent of the Company and there are absolutely no employment agreements between Courier and the Company;
- Courier further agrees to maintain his/her Delivery Drivers ID in confidence and not share such ID with any third party. Courier will immediately notify Senpex of any actual or suspected breach or improper use of Courier’s Delivery Drivers ID or the Delivery Drivers App;
- If Courier confirms a request for delivery services, Senpex will provide Courier with certain Sender’s information, such as name and contact info via the mobile App. Courier can call Sender only to clarify any delivery related issues only;
- Senpex mobile app may provide certain information about Courier to the Sender, including but not limited to, Courier name, photo, location, and online availability;
- Courier shall not contact any Sender for any reason except for the purposes of completing the delivery request. Between Senpex and the Courier, Courier acknowledges and agrees that he/she: (1) shall be solely responsible for determining the most effective, efficient and safe manner to perform each instance of Delivery Services Request; and (2) except for the Senpex Services/ Application, Courier shall provide all equipment, tools and any other materials, at Courier’s own expense, to successfully fulfill requested delivery services;
- Courier must maintain a good relationship with the Sender. Courier needs to be polite, pay attention to proper clothing attire, and maintain a clean vehicle;
- Senpex does have clients that have repetitive delivery routes. Courier understands that they may be presented with an opportunity to accept a repetitive delivery schedule, but they will always maintain the ability and right to cancel any driving assignment from that recurring delivery route;
- Courier has the right to cancel an order at any time, but that will influence Courier’s relationship with Senpex and possibly decrease Courier’s Senpex rating. Therefore, Courier must very carefully review all orders in advance before accepting any such orders;
- Senpex has no right to require to, but there may be certain jobs that the Courier might need to (1) display Senpex’s name, logo or color on his/her vehicle; or (2) wear a uniform or any other clothing displaying Senpex name, logo or colors. Such requirements will be posted in job so as to provide Courier with notice and the option to decline the order;
- Courier acknowledges and agrees that the Sender will have an option to provide a rating of Courier’s delivery service once delivery is completed. Sender will also have an option to leave feedback about Courier and the delivery services performed;
- You, as a Courier, are responsible for the acquisition, cost and maintenance of your mobile device as well as any necessary wireless data plans (Wireless plan should be either unlimited or very high usage and Senpex is not liable for any charges, fees or costs associated with the data plans). Senpex grants Courier a personal, non-exclusive, non-transferable license to install and use the Delivery Couriers App for the sole purpose of providing delivery services. Courier agrees to immediately uninstall and delete the Delivery Drivers App in the event that he/she ceases to provide delivery services using the Senpex App;
- Courier agrees to keep his/her geolocation on Courier’s device accessible to the Delivery Drivers App. Also, Courier agrees and acknowledges that such geolocation will be tracked and monitored using the Senpex App when Courier is logged on to the Delivery Drivers App and available to receive requests for Delivery Services or when Courier is actively providing Delivery Services. Courier’s approximate geolocation will also be provided to the Sender to be able to monitor the progress of your delivery services request. In addition, Senpex may monitor, track and share your geolocation information for tracking purposes;
- Courier will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation;
- Courier acknowledges and agrees to the “Senpex Open Box Policy”, and will therefore visually inspect all items in a specific order prior to departing pick-up location, so as to NOT unknowingly pick up, carry and/or deliver a package containing any “Senpex Prohibited Items”;
- Senpex processes payroll for the drivers each Friday, with payment being made by direct deposit to the drivers bank Account the following Monday. Senpex reserves the right to process payroll more frequently as needed;
- Senpex reserves the right to change the Fee Calculation at any time at Senpex discretion. Senpex will provide Courier a notice in the event of such change. Continued use of the Senpex App and Services after such change in Fee Calculation shall constitute Courier’s consent to said change;
- Senpex reserves the right to reduce or cancel the Fee for a particular instance of Delivery Service (e.g. Courier failed to provide Delivery Services on time; Courier had a technical error with Senpex App; Delivery Service request is not picked up, etc.). Senpex’s decision to reduce or cancel the Fee in any such manner shall be exercised in a reasonable manner;
- Courier will only create one User account;
- Courier will keep secure and confidential his/her User account password or any identification Senpex provides which allows Courier access to its Platform;
- Courier will provide Senpex with such proof of identity it reasonably requests and will not impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation (actively or by omission) with any person or entity, including Senpex. Courier must use a true facial picture in their profile when creating a Senpex account;
- Courier will not represent yourself to be an agent, subcontractor, representative, employee or affiliate of Senpex;
- Courier will only access and use the Platform to perform Delivery Services for lawful purposes and in accordance with all applicable laws and regulations;
- Courier will keep in confidence and shall not disclose, or use for the benefit of others, any and all third parties’ confidential, proprietary, or personally identifiable and/or personal health information of which you may become aware as a User, except as necessary to carry out and perform under these Terms. “Confidential Information” means all information, whether oral, written, contained on electronic media or otherwise, to which a Courier is given or has access to, or is made available to the Courier in connection with the performance of Gigs, including without limitation names, addresses, telephone numbers and other information which may be used to specifically identify a person (“PII” or “Personally Identifiable Information”), and health information protected under the Health Insurance Portability and Accountability Act (“HIPPA” and “Protected Health Information”). To learn more about complying with these regulations, please clink on the following link: https://www.hhs.gov/hipaa/for-professionals/faq/business-associates/index.html
- Courier fully consents to Senpex’s conducting a background check (local and national criminal background check and DMV driving record). The background check will be conducted by a third party Credit Reporting Agency (“CRA”). Senpex will provide a physical or electronic copy or summary of the initial criminal background check to the Courier;
- Courier understands that he/she is acting as their own employer in providing Delivery Services via the Senpex Platform and that Senpex requires the Courier to maintain their own automobile insurance. Senpex recommends that Couriers contact their insurance company to ensure they have the proper coverage for the Delivery Services being provided;
- A Courier shall not be logged in and driving on Senpex’s platform for more than a cumulative total of 12 hours in any 24-hour period, unless that driver has already logged off for an uninterrupted period of 6 hours. If a Courier has been logged on and driving for more than a cumulative total of 12 hours in any 24-hour period, without logging off for an uninterrupted period of 6 hours, the driver shall be prohibited from logging back into the Senpex network for an uninterrupted period of at least 6 hours;
- Senpex does not provide health insurance, or any other compensation to Drivers if they are hurt or injured while performing a Gig and Senpex does not carry workers’ compensation insurance for any Driver unless specifically required by State law. For all Couriers living and working in California, Senpex provides certain qualifying drivers healthcare subsidies as required by law;
- Courier expressly acknowledge that Senpex does not provide automobile liability, workers’ compensation or health insurance coverage to Couriers and is not responsible for paying for any liability that may arise from a Driver’s performance of a Gig, including any bodily injury or damage to property caused by or to the Courier while on a Gig. Senpex makes available to its Couriers the option to purchase occupational accident insurance to cover medical expenses and lost income resulting from injuries suffered while the Courier is online with Senpex’s Platform. For purchase of such policies, send an email to contact@senpex.com or direct our insurance agent: info@rnkinsurance.com requesting further information;
- Prior to providing Delivery Services through Senpex’s platform, all Couriers shall do both of the following: (1) Review Senpex’s sexual harassment policy and (2) Confirm that you have reviewed Senpex’s sexual harassment policy. This can be done through the Courier application process;
- Prior to providing Delivery Services through Senpex’s platform, all Couriers must complete safety training that includes (1) Collision avoidance and defensive driving techniques; (2) Identification of collision-causing elements such as excessive speed, DUI, and distracted driving; (3) Recognition and reporting of sexual assault and misconduct; (4) For Couriers delivering prepared food or groceries, food safety information relevant to the delivery of food, including temperature control. Training may be accessed through the Courier application process;
- Please note: Any safety product, feature, process, policy, standard, or other effort undertaken by Senpex, or the provision of equipment by Senpex, to further public safety is not an indicia of an employment or agency relationship with Courier.
Zero Tolerance Policy.
Senpex has a “zero tolerance policy” that mandates prompt suspension of a Courier’s access to Senpex’s Platform in any instance in which Senpex receives a report through its online-enabled application or platform, or by any other company-approved method, from any person who reasonably suspects the Courier is under the influence of drugs or alcohol while providing Delivery Services until a further investigation is completed.
Senpex may also suspend access to its online-enabled application or platform for any Courier found to be reporting an alleged violation of a zero tolerance policy as described above, where that Courier knows the report to be unfounded or based the report on an intent to inappropriately deny a Courier access to the online-enabled application or platform.
APPEALS PROCESS
Senpex reserves the right to terminate its contract with any Courier who violates any of the terms and conditions agreed to above. If a Courier is notified of their termination, the Courier may appeal the decision by submitting a request for an appeal by emailing contact@senpex.com. When submitting an appeal, please be sure to include all information you believe relevant to Senpex’s decision on whether to reinstate your contract with Senpex. The Courier will be notified within 2 weeks of submitting their appeal as to the outcome of the appeal.