Senpex has updated our Terms of Service in compliance with California CCPA.
To continue driving on our platform all Drivers must go to this link and agree to the updated Terms of Service https://web.senpex.com/become-senpex-courier
Terms & Conditions
Effective: May 28, 2020 (Version 2.0)
These Terms and Conditions (“Terms“) set forth the terms and conditions Senpex,LLC (“Senpex”) requires you to accept if you want to download, install, access or use the Senpex platform (“Platform”) via our website at web.senpex.com (“Website”) and/or via any associated application or API (“App”) in order to receive Delivery Services from, or perform Delivery Services for, other Users of the Platform.
These Terms whether stated or otherwise referenced herein constitute a legal agreement between you and Senpex. By using or accessing the Senpex Platform in any manner, including downloading, installing or using any App, or receiving or performing any 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 at our Website at https://web.senpex.com/terms-of-service. Upon accessing or using the Senpex Platform, or receiving or performing Delivery Services you become a “User” of Senpex’s Platform, whether as a “Driver” or a “Sender“, as further described herein.
You may only access the Platform using the Website, an App or other specifically authorized means. It is your responsibility to check to ensure you download the correct App for your mobile, tablet, computer or similar device (“Device“). Senpex is not liable if you do not have a compatible Device or if you have downloaded the wrong version of the App for your Device. Senpex reserves the right to terminate your use of our Platform if you access the Platform with the wrong version of the App or an incompatible or unauthorized Device.
Senpex reserves the right to modify the terms and conditions of these Terms or any of its policies relating to our Platform or the accessing of Delivery Services by our Users thereon at any time, effective upon posting of an updated version of the Terms on our Website www.web.senpex.com and on our 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.
Our Services Unite Drivers and Senders
Our Platform makes possible a connection between those individuals and/or businesses (“Senders“) that want to contract with someone to pick-up, carry and/or deliver personal property and goods (“Delivery Services“) and those individuals and/or businesses seeking to perform the Delivery Services (“Drivers“). The performance of Delivery Services by a Driver, the time period in which these Delivery Services are performed by a Driver, as well as the item(s) of personal property and goods being picked-up, carried and/or delivered by a Driver, are collectively referred to as a “Gig”. Drivers and Senders together are referred to as “Users“ of our Platform.
Our Platform connects third party Drivers who want to deliver Gigs for third party Senders, and gives those Senders a way to find those Drivers and schedule their Gigs. Drivers are self-employed/independent contractors who choose to perform Delivery Services for Senders posting Gigs on our Platform. At no time does Senpex control whether or when a Sender posts a particular Gig, or whether or when a Driver chooses to offer for a particular Gig. Agreeing to perform Delivery Services for Senders through the Senpex Platform does not preclude a Driver from providing Delivery Services, or any other types of services, under another platform or for other persons simultaneously
SENPEX IS A LOGISTICS MANAGEMENT PLATFORM AND DOES NOT PROVIDE TRANSPORTATION SERVICES. WE ARE NOT A TRANSPORTATION CARRIER. IT IS THE THIRD PARTY DRIVER’S SOLE DECISION WHETHER TO OFFER FOR AND PROVIDE THE DELIVERY SERVICES REQUESTED BY A SENDER.
Senpex Not Responsible for the Actions of its Drivers or its Senders
Our Platform enables connections between our Users to contract for Gigs; however Senpex has no control over and is not responsible for the performance, actions or inactions of any User, whether associated with the use of our Platform or the receiving or providing the Delivery Services via our Platform, in public, private, or offline interactions, or otherwise. That’s why we rely on YOU, our Users, to follow some rules to keep the Senpex community safe, friendly and helpful for all!
Most importantly, you need to know that every time you access or use the Platform or receive or perform Delivery Services through the Platform, you expressly agree, represent and warrant that, at the time of each such access or use:
- You are legally entitled to and have the right, authority and capacity to enter into the agreements set forth in these Terms and to fulfill your obligations hereunder
- Your use of the Platform is for your sole, personal use and you will not resell to a third party.
- You are at least 18 years of age or such older age as may be required in a State or other jurisdiction that restricts the ability to enter into agreements due to age.
- If you are not the required age you must not use the Platform and you may not perform Delivery Services.
- You will only create one User account.
- You will keep secure and confidential your User account password or any identification we provide you which allows access to our Platform
- You will provide Senpex with such proof of identity we reasonably request 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. Drivers must use a true facial picture in their profile when creating a Senpex account.
- You will not represent yourself to be an agent, subcontractor, representative, employee or affiliate of Senpex.
- You will only access and use the Platform and receive or perform Delivery Services for lawful purposes and in accordance with all applicable laws and regulations.
- You will not access or use the Platform, or receive or perform Delivery Services for shipping, sending or storing any unlawful material, for fraudulent purposes, for promoting or encouraging any illegal activity, or for committing or assisting in the commission of a crime
- You 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.
- You will not collect or store any information about any other User. You will not access or use any information about any other User other than as allowed through the Platform and only as strictly needed during the performance of a Gig
- You will not contact any other User directly or outside of the Platform. You shall not contact another User directly once the Gig is complete.
- You will not stalk, intimidate, threaten or otherwise harass or cause physical or mental distress to any third party, including other Users and Senpex staff and representatives.
- You will not copy, or distribute text, graphics, images, music, software, audio, video, information or other like materials related to our Website, Platform or App (“Content“) without written permission from Senpex.
- You will not access or use our Platform or receive or perform Delivery Services in any way that could cause nuisance, annoyance, and inconvenience or could interfere with or negatively affect other Users from fully using or enjoying the Platform or receiving or performing Delivery Services.
- You will not infringe the rights of any third party (including other Users and Senpex) and including, intellectual property, privacy, publicity or contractual rights.
- You will not discriminate against someone based on traits such as age, color, disability, gender identity, marital status, national origin, race, religion, sex, or sexual orientation.
- You will not assist any third-party in any of the above.
ALL CONTACT BETWEEN USERS SHOULD END WHEN THE GIG IS COMPLETE.
TEXTING, CALLING, VISITING, OR TRYING TO VISIT SOMEONE IN PERSON AFTER THE GIG HAS BEEN COMPLETED IS NOT ALLOWED.
YOU SHOULD IMMEDIATELY ALERT SENPEX IF ANOTHER USER CONTACTS YOU FOR ANY REASON OTHER THAN YOUR GIG.
Keeping the Senpex Community safe, friendly and helpful for all means that all Users of our Platform have a responsibility to treat each other with respect and dignity. That is why Senpex strictly enforces its Non-Discrimination and Respect Others Policies as set forth below.
ANY USER FOUND TO HAVE VIOLATED SENPEX’S NONDISCRIMINATION POLICY
OR ITS RESPECT OTHERS POLICY WILL IMMEDIATELY LOSE ALL ACCESS TO THE SENPEX PLATFORM.
Senpex Non-Discrimination Policy
Senpex and its affiliates prohibit discrimination against any User or other third party based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable law. Senpex wants all of our Users to feel safe and welcome and we do not tolerate any conduct that we determine to be discriminatory.
Such discrimination includes, but is not limited to, intentionally refusing or canceling Gigs solely for the purpose of avoiding a particular neighborhood due to the characteristics of the people or businesses that are located in that area or because you are uncomfortable with certain persons based on traits such as age, color, disability, gender identity, marital status, national origin, race, religion, sex, or sexual orientation.
Senpex Respect Others Policy
Senpex prohibits all Users from displaying any aggressive, confrontational, intimidating, threatening or harassing behavior toward others, including without limitation:
- Hitting, hurting, or intending to hurt any person or animal, or threatening to do the same
- Using language or making gestures that could be disrespectful, harassing or threatening.
- Sexual assault or sexual harassment or misconduct of any kind. Assault includes any intentional bodily contact made without explicit consent of the other person, and sexual harassment and misconduct, includes without limitation unconsented to advances, behaviors and remarks like nudging, whistling, winking or flirting, discussing your own or someone else’s sex life, using explicit language, or making jokes about sex.
- Disrespecting personal space and/or privacy, like standing unnecessarily close, or commenting on personal appearance, perceived gender identity, or sexual orientation, or asking unrelated personal questions.
Driver Background Checks
Drivers are required to be screened via a standard background check conducted by a thirdparty Credit Reporting Agency (“CRA” and “Background Check”). During registration as a Driver, you are required to provide a valid driver’s license and Social Security Number and consent to Senpex having our CRA conduct a Background Check on you at that time prior to allowing you to perform Gigs, and also at any time thereafter, as and when determined in our sole discretion, without any additional consent from you (or otherwise as allowed pursuant to applicable law). The Senpex Background Check Process consists of a criminal background check and Motor Vehicle Record (MVR) report, and does not include a credit check. The full details of what is needed to pass the Background Check and other details can be found in our FAQ.
Why does Senpex perform Background Checks on Drivers?
What does Senpex’s Background Check Process include?
Can I dispute the results of my Background Check?
Do I have to pay for the Background Check Process?
How does Senpex secure my data and personal information?
The Senpex Background Check is conducted by an independent third-party CRA. Senpex has no responsibility for the accuracy or reliability of the identity of any Driver, the completeness of the information provided to complete the Background Check or the results of the Background Check. Senpex has no liability for any action taken or omission made by it or any third party in response to information provided by such CRA, including using any information provided therein to make a decision about whether a Driver may perform any Gig.
SENDERS SHOULD ALWAYS CHECK A DRIVER’S IDENTIFICATION AND MATCH IT TO THE DRIVER’S INFORMATION IN THE APP PRIOR TO HANDING OVER THEIR GIG.
Senpex does not conduct Background Checks or screening on any Sender for the purposes of allowing them to access and use our Platform to arrange for Delivery Services. However Senpex reserves the right to begin conducting such checks and screening of Senders as it deems appropriate in its sole discretion.
Any screening or Background Check process is not a substitute for your good judgment when interacting with other Users. At all times while accessing or using our Platform and during the time of any Gig, you must exercise caution and use your common sense.
ALL USERS ACKNOWLEDGE AND AGREE THAT BY ACCESSING AND USING OUR PLATFORM TO RECEIVE OR PERFORM DELIVERY SERVICES, THEY MAY BE EXPOSED TO UNKNOWN THIRDPARTIES AND CONTENTS IN GIGS THAT MAY BE OR ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE.
Permits, Auto Insurance and Health Insurance
Because Drivers act as their own employer in providing Delivery Services via the Senpex Platform, Senpex does not, and has no responsibility to, provide or pay for any permit, license or insurance a Driver may need or that may be advisable, to perform Delivery Services via the Senpex Platform. Many states require a Driver to be a certain age, and have permits and/or licenses to carry certain Gigs. Additionally, many insurance companies will require a Driver to have some level of commercial insurance if using a personal vehicle for business purposes and all Drivers should be aware that their standard automobile liability insurance may not provide them coverage while a Driver is engaged in performing a Gig or while or logged into the App.
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 these reasons, all Drivers are required to have adequate health insurance prior to performing a Gig. Only you can know if you are physically capable of handling a Gig you agree to deliver and Senpex is not liable to you for any costs or damages you may suffer if you are hurt or injured while performing a Gig. At all times you are solely responsible for the costs of any medical care you may require due to any such injury.
It is a Drivers’ responsibility to know what auto insurance, health insurance, licenses and permits are required or recommended and to procure the same prior to offering on Gigs. A Driver must have valid auto insurance in such amounts as required by State Law and its insurer to cover Driver’s performance of Gigs through the Senpex Platform PRIOR to offering on Gigs. A Driver will not be allowed to deliver Gigs and will be removed from the Platform if the Driver does not have auto insurance coverage in at least the minimum amounts required by the State in which the Driver provides Delivery Services. A Driver must carry proof of all required auto insurance coverage at all times while performing Gigs and must provide the same to Senpex and/or other authorities and officials upon request.
You expressly acknowledge that Senpex does not provide automobile liability, workers’ compensation or health insurance coverage to Drivers 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 Driver while on a Gig
You expressly acknowledge that provision of Delivery Services through the Platform may have financial consequences to you related to personal income tax and personal property tax liabilities.
A DRIVER MUST HAVE THE REQUIRED INSURANCE, LICENSES AND PERMITS TO CARRY ALL GIGS AND ITEMS CONTAINED IN GIG WHETHER OR NOT LISTED AS A SPECIAL ITEM.
ALL DRIVERS SHOULD CHECK WITH PROFESSIONALS TO ENSURE THAT YOU HAVE THE REQUIRED INSURANCE, LICENSES AND PERMITS BEFORE YOU OFFER FOR THE GIG.
SENPEX HAS NO RESPONSIBILITY OR LIABILITY FOR ANY DRIVER OR SENDER NOT HAVING THE PROPER AUTHORITY, PERMITS, LICENSES OR INSURANCE TO ENTER INTO THE TRANSACTIONS AGREED UPON ON THE PLATFORM.
Driver’s Obligations With Respect to Confidential Information
During the performance of Gigs, Drivers will have access to the “Confidential Information” of many third parties, including without limitation, the Confidential Information of Senpex, Senders, and/or Gig recipients. “Confidential Information” means all information, whether oral, written, contained on electronic media or otherwise, to which a Driver is given or has access to, or is made available to the Driver 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”).
Confidential Information shall include, without limitation, all information regarding Senpex’s personnel or customer information of Senpex, Senders and/or Gig recipients of which a Driver becomes aware
Senpex and Drivers have special obligations with respect to the protection of Personally Identifiable Information and Protected Health Information and a Driver is responsible for both knowing those obligations and complying with the same. Failure to meet these obligations will result in the Driver’s permanent removal from the Senpex Platform and the Driver shall be prosecuted to the fullest extent of the law.
Personally Identifiable Information
Personally Identifiable Information PII refers to information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual. It is important to recognize that non-PII can become PII whenever additional information is made available — in any medium and from any source — that, when combined with other available information, could be used to identify an individual. Senpex and Drivers are under a strict obligation not to use or disclose PII except as necessary to perform and deliver Gigs.
Protected Health Information
If a Driver delivers Gigs containing prescriptions, medicines or other medical documents, the Driver may have access to Protected Health Information. Senpex and Drivers are under a strict obligation not to use or disclose the Protected Health Information of anyone except as necessary to perform and deliver Gigs. In addition, these Drivers must comply with all federal, state and local laws, including the Health Insurance Portability and Accountability Act, as amended, and all regulations and agency guidance applicable to “business associates”. To learn more about complying with these regulations, please clink on the below link:https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/businessassociates/index.html
BY USING THE SENPEX PLATFORM TO RECEIVE OR PERFORM DELIVERY SERVICES YOU MAY AND/OR WILL GAIN KNOWLEDGE OF THIRD PARTIES’ CONFIDENTIAL, PROPRIETARY, PERSONALLY IDENTIFIABLE AND/OR PROTECTED HEALTH INFORMATION. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, AS A USER OF THE SENPEX PLATFORM ARE SUBJECT TO A STRICT DUTY TO MAINTAIN THE ABSOLUTE CONFIDENTIALITY OF ALL SUCH CONFIDENTIAL AND PERSONAL INFORMATION AND YOU UNDERSTAND THAT UNDER NO CIRCUMSTANCES MAY YOU DISCLOSE SUCH INFORMATION TO ANY OTHER PERSON OR USE SUCH INFORMATION FOR ANY OTHER REASON THAN TO RECEIVE OR PERFORM DELIVERY SERVICES VIA THE SENPEX PLATFORM.
Restrictions on Gig Contents
Restrictions on Gig Contents
Senders are prohibited from including in any Gig, and all Drivers are prohibited from knowingly accepting, picking-up, carrying or delivering any Gig containing the following “Prohibited Items”:
- Anything illegal including, without limitation, recreational drugs and other contraband.
- Any Hazardous Waste, defined as a “solid waste” that meets any of the criteria of the hazardous waste as described in 40 C.F.R. § 261.3.
- Unset precious stones, industrial diamonds, any article that contains more than fifty percent by weight of gold or platinum or any combination thereof in raw form, including, but not limited to, bullion, bars, or scraps of these metals.
- Any “Hazardous Material” not categorized as limited or excepted quantities as defined in 49 C.F.R., or categorized as limited or excepted quantities but not packaged and labeled in accordance with all applicable laws.
- “Special Items” listed below, unless the Sender has the written permission of Senpex
ANY DRIVER DISCOVERING A PROHIBITED ITEM IN A GIG SHALL IMMEDIATELY NOTIFY SENPEX AT SUPPORT@SENPEX.COM FOR FURTHER DIRECTION.
Only certain Senders with special written permission from Senpex may send the “Special Items” listed below. These Senders are required to disclose each such Special Item when setting up the Gig and must fully comply with all restrictions with respect to the Special Item set forth below, as well as all applicable laws and regulations with respect to such Special Items:
- Cigarettes or any tobacco product, wine, beer or any other alcoholic beverages or any other product regulated and controlled by the United States Alcohol and Tobacco Tax and Trade Bureau (TTB). Only if the items are checked in airline baggage (complying with all TSA regulations for the transport on airplanes of the same) or if the items have been paid for and are being delivered to a person who is 21 years of age or older
- Firearms or weapons of any kind, any firearm or weapon parts, or ammunition in any amount. Only if the items are checked in airline baggage (complying with all TSA regulations for the transport on airplanes of the same).
- Common fireworks. Only if the items are checked in airline baggage (complying with all TSA regulations for the transport on airplanes of the same) or if the items have been paid for and are being delivered to a person who is 21 years of age or older.
- Replica or inert explosives or weapons that bear an appearance to actual explosives or weapons. Only if the items are checked in airline baggage (complying with all TSA regulations for the transport on airplanes of the same) or if the items have been paid for and are being delivered to a person who is 21 years of age or older.
- Any “Hazardous Material”, categorized as limited or excepted quantities as defined in 49 C.F.R. Only if packaged by the Sender and labeled in accordance with all applicable laws.
- Prescription drugs and medicines or regulated over the counter medicine. Only if the items are checked in airline baggage (complying with all TSA regulations for the transport on airplanes of the same) or if the items have been paid for and are being delivered in accordance with state law.
- Cremated remains, human remains, fetal remains, human body parts, or components thereof. Only if the items are checked in airline baggage (complying with all TSA regulations for the transport on airplanes of the same).
- Heavy haul, oversize or overweight items, either individually or collectively, weighing more than 400 lbs., and/or individually exceeding more than 12 feet in any dimension (“Oversized Items”).
- All live animals
- Any item(s) contained in a Gig that Sender requests be transported over state lines (i.e. interstate).
Some Gigs containing Special Items require Drivers to be 21 years of age and many Gigs containing Special Items also require Drivers to possess special qualifications, permits, licenses and/or insurance before offering on any Gig containing such items. Gigs containing HAZMAT may require the Driver to have a special vehicle, equipment or license in order to carry and deliver the Gig.
DRIVERS ARE RESPONSIBLE FOR KNOWING AND COMPLYING WITH ALL RULES AND REQUIREMENTS TO CARRY A GIG CONTAINING ANY SPECIAL ITEMS PRIOR TO OFFERING ON SUCH GIG, WHETHER RULES AND REQUIREMENTS ARE INCLUDED IN THESE TERMS AND/OR IMPOSED BY APPLICABLE LAW.
Cigarettes, Tobacco Products, Wine, Beer Or Other Alcoholic Beverages
A Driver must be 21 years of age to deliver any Gig containing cigarettes, tobacco products, wine, beer or other alcoholic beverages.
When delivering a Gig including cigarettes, tobacco products, wine, beer or other alcoholic beverages, a Driver shall request a valid, government-issued identification demonstrating that the Gig recipient is 21 years of age or older. Examples of valid, government-issued IDs are Driver’s licenses, Passports, U.S. military IDs (active duty or retired military and their dependents, and DoD civilians), and Permanent Resident Cards.
When delivering a Gig including wine, beer or other alcoholic beverages, a Driver shall also verify that the Gig recipient is not visibly intoxicated before delivering the Items. Many States have laws prohibiting the delivery of any alcoholic beverages to anyone who is visibly intoxicated and a Driver can be personally liable for doing so. Before offering on a Gig containing any alcoholic beverage a Driver must be familiar with the signs of visible intoxication.
What are the signs of “Visible Intoxication”?
If you can tell on sight that a person has been drinking or using other drugs, the person is visibly intoxicated. Some common signs of visible intoxication are listed below. These are not all of the possible signs. And if a person shows just one or two of these signs that does not necessarily mean the person is intoxicated. But if a person shows a combination of several signs that could be a strong indication that the person is intoxicated. Remember that intoxication can result from the use of drugs other than alcohol.
IF YOU’RE NOT SURE, DON’T DELIVER THE GIG AND CONTACT SENPEX SUPPORT.
Bloodshot, glassy, or watery eyes Flushed face
Blank stare or dazed look
Twitching or body tremors
Odor of alcohol, marijuana or chemicals Excessive perspiration
Thick, slurred speech Loud, noisy speech
Speaking loudly, then quietly Rambling train of thought Unusually fast or slow talking
Slow response to questions or comments
Making irrational statements attitude Argumentative
Aggressive or belligerent Obnoxious or mean Inappropriate sexual advances Boisterous
Swaying, staggering, or stumbling Restless
Depressed or sullen
Crying or moody
Extreme or sudden change in behavior
Overly animated or entertaining
Crude, inappropriate speech or gestures
Drowsiness or falling asleep
Lack of focus and eye contact Difficulty standing up
Difficulty remembering Disoriented
IF A DRIVER CANNOT COMPLETE THE DELIVERY OF A GIG CONTAINING CIGARETTES, TOBACCO PRODUCTS, WINE, BEER OR OTHER ALCOHOLIC BEVERAGES DUE TO A FAILURE PRODUCE A VALID, GOVERNMENTISSUED IDENTIFICATION DEMONSTRATING THAT THE GIG RECIPIENT IS 21 YEARS OF AGE OR OLDER, OR DUE TO THE GIG RECIPIENT BEING VISIBLY INTOXICATED, THE DRIVER SHALL IMMEDIATELY NOTIFY SENPEX AT SUPPORT@SENPEX.COM FOR FURTHER DIRECTION.
Other details regarding the delivery of cigarettes, tobacco products, wine, beer or other alcoholic beverages can be found in our FAQ.
What can I send through Senpex?
Is there anything I can’t send through Senpex?
FIREARMS AND WEAPONS
Senders are responsible for ensuring that all firearms, weapons, firearm parts, weapon parts, or ammunition in a Gig are secured in a locked container prior to being handed to the Driver and the Driver shall place the container in the trunk of the vehicle for the duration of the Gig. For other rules and regulations regarding the transport of firearms, weapons, firearm or weapon parts, or ammunition, please click on the following links:https://www.tsa.gov/travel/transporting-firearms-andammunitionhttps://www.law.cornell.edu/uscode/text/18/926A
HAZARDOUS MATERIALS (“HAZMAT”)
HAZMAT may be sent only in small or excepted quantities as defined in 49 CFR A major problem for most folks is recognizing HAZMAT that may include common household items such as alcohol, or seemingly benign items like dry ice (solid carbon dioxide or CO₂).
Prior to posting or offering on any Gigs containing HAZMAT in any form, all Users have the responsibility to know the complete listings or tables of HAZMATs by clicking on the following links:http://www.gpo.gov/fdsys/pkg/CFR2008-title49-vol2/pdf/CFR2008-title49-vol2-sec172- 101.pdf
Stiff civil penalties (fines) of up to $175,000.00 apply to people who offer for shipment, cause to be shipped or transport HAZMAThttps://www.federalregister.gov/articles/2013/04/17/201308981/hazardous-materialsrevision-of-maximum-and-minimum-civil-penalties#h-7
Senders have the responsibility to ensure that, all HAZMAT is properly packaged, labeled, marked, identified and certified in compliance with applicable legal requirements, including having proper shipping papers with emergency response information, an emergency contact telephone number.
There are a myriad of other legal requirements Drivers and Senders are required to know and must satisfy before posting or transporting HAZMAT to avoid paying massive fines.
It is every Driver’s and Sender’s duty and obligation to know and comply with all applicable federal and state laws relating to the pick-up and delivery locations of any Gig and all items contained in a Gig, whether a Special Item or not, including without limitation those laws governing the transportation of items over State lines, prohibiting the transportation or shipment of certain items both within a State and between States, restricting the amounts of certain items that can be shipped, and age restrictions. Senpex has no liability or responsibility if a Driver or Sender fails to comply with these Terms or all applicable laws with respect to the inclusion or acceptance of any items contained in a Gig or during the performance of the Gig.
Senpex is not responsible for the contents or loss of any Prohibited Item or any undisclosed Special Item. Senpex reserves the right to dispose of any Senpex Prohibited Item in its sole discretion and reserves all rights to instruct its Drivers on how to dispose of any Senpex Prohibited Item, including delivery to the proper authorities.
SENPEX HAS AND TAKES NO RESPONSIBILITY OR LIABILITY TO EITHER DRIVERS OR SENDERS FOR THE INCLUSION OF ANY PROHIBITED ITEMS IN ANY GIG OR A SENDER’S FAILURE TO DISCLOSE A SPECIAL ITEM OR LIVE ANIMAL OR A DRIVER’S OR SENDER’S FAILURE TO COMPLY WITH ALL LAWS APPLICABLE TO IT.
Senders are prohibited from including Oversized Items in Gigs. However many Gigs contain items that are just underneath the Oversized Item limit, and these bulky and/or heavier items require a Driver to have a larger vehicle, special equipment and/or physical strength in order to fulfill the Gig properly. Senders are required to accurately post the size of the Gig they request, and before offering on a Gig containing any bulky or heavy items a Driver is required to have the proper vehicle, equipment and physical capacity to perform the Gig as posted. A Driver does not have the proper vehicle and/or equipment to fit and secure the Gig and/or are not physically capable of handling a Gig the Driver may not offer on the Gig. All Drivers acknowledge and agree that Senpex is not liable to any Driver for any costs or damages you may suffer if you are hurt or injured while performing a Gig and that you are not qualified to receive any heath care or other compensation from Senpex if the Driver is injured performing a Gig – whether or not the Gig contains, bulky, heavy or Oversized Item(s). Drivers acknowledge and agree that at all times you are solely responsible for the costs of any medical care you may require due to any injury received while performing any Gig.
Sender Open Box Policy
Senpex encourages the use of minimal packaging both to help our environment and so our Drivers know what they are taking along on their ride. When packaging is required or desired, Senpex supports and strongly encourages its Drivers and Senders to always use an Open Box Policy.
Senpex’s Open Box Policy means our Senders should always leave packaging open so that a Driver may inspect the contents before leaving with the Gig. If a Sender doesn’t leave the packaging open, a Driver always has the right to require a Sender to open packaging to inspect items before leaving with the Gig.
New In Box Items
If all or part of a Gig contains new-in-box items that have been pre-packaged by the Sender and are not open for a Driver to inspect, a Driver has the responsibility to inspect the outside of the packaging. If there is any damage to the outside of the packaging, the Driver should note any damage (it is easiest to take a picture and send it to support@Senpex.com, and wait for instructions from Senpex on what to do next with the damaged Gig.
f all or part of a Gig contains suitcases, pieces of luggage, purses, handbags, wallets, or other bags containing personal effects (collectively, “Baggage”) the Driver shall have no right to request or to inspect the contents, however a Driver still has the responsibility to inspect the outside of the Baggage. If there is damage to the Baggage, the Driver should note any damage (it is easiest to take a picture and send it to support@Senpex.com, and wait for instructions from Senpex on what to do next with the damaged Gig
No matter whether the Gig is pre-packaged or open for inspection, if a Driver does not note any damage to an item in the Gig while picking the Gig up, it will be assumed that the damage will have been caused while in the Driver’s possession and
THE DRIVER WILL BE LIABLE THEREFOR.
A Driver is NEVER under an obligation to take or bring anything that the Driver has not been given the right to inspect as described and limited above and can always cancel the Gig without penalty if a Sender does not allow you to inspect or gives you a hard time about asking to inspect the Gig as required by Senpex.
Packing Your Gigs Generally
Senders have the responsibility to package items appropriately based on level of risk, fragility and other factors specific to the individual item. Senpex is not liable for loss or damage to any Gig if it is not properly packed to withstand transport, or to ensure the safety and integrity of the item or in compliance with all applicable laws.
All packaging for such items should be based on the characteristics of the item, in the sole discretion of the Sender. Senpex cannot know what packaging is necessary for any item you send. Please use your common sense when packing your Gig. It is a requirement of receiving reimbursement from the Senpex Protection Plan that you adequately package your Gig. Senpex Inc. has no and will have no responsibility to protect you under its Protection Plan for any loss of, or damage to, any item that has not been adequately packed.
Packing Live Animals
All live animals must be packed in a cage or box that is adequate enough to contain the animal, including taking into account likely bursting and crushing. Packages containing animals requiring moisture during the Gig must be constructed of water-resistant material such as wax coated, wax impregnated, or plastic corrugated. Ventilation holes should be provided as necessary.
Internal packaging materials must be used based on the characteristics of the animal, taking into consideration the necessary humane care for the animal during a Gig. Lizards and geckos should be individually contained in bags constructed of breathable material, such as burlap. Insects should be contained in individual primary containers such as plastic jars with ventilation. Fish must be double bagged in strong plastic bags with a minimum thickness of 4 mils. Each primary bag should be approximately one third full of water with the remainder filled with oxygen.
Unless otherwise specifically arranged with the Driver, a Sender shall provide Driver with adequate food, water, food and water bowls and any other items required to provide for the needs of the animal during the Gig. A Sender must also provide Driver with any additional packaging needed to prevent movement of any primary containers or receptacles within the outer box containing an animal.
Drivers MUST transport ALL animals INSIDE an appropriately heated or air-conditioned vehicle, with all temperature controls in good working order. Under no circumstances may any animal be transported in the trunk or trunk bed of any vehicle. Drivers are required to provide the animal food and water at regular intervals, and regular stops to allow the animal to relieve itself and otherwise as needed for the animal(s) in the Gig. Drivers are required to provide any other additional components such as moisture; bedding and securing of packaging within the vehicle should be added as necessary to provide a safe environment during the Gig.
Senpex Protection Plan
Senpex wants you to feel confident that your Gig is in good hands. The Senpex Protection Plan will reimburse a Sender for its actual costs to replace or repair Senders’ items of personal property lost or damaged, or stolen during a Gig if arising directly from a Driver’s negligence or willful misconduct, up to a maximum of $500.00 per Gig. Such maximum applies no matter how many items are included in the Gig.
Additionally, a Sender has the option to purchase Additional Protection for higher value Gigs if they email Senpex notifying them of the Additional Protection option via email@example.com. . The current cost of Additional Protection will be shown in the App when a Sender arranges for the Gig and any Additional Protection must be purchased at the time the Gig is arranged. No Additional Protection can or will be added once the Gig is assigned to a Driver.
If a Sender purchases Additional Protection, Senpex will reimburse a Sender for its actual costs to replace or repair Senders’ items of personal property that may be lost or damaged, or stolen during a Gig and arising directly from a Driver’s negligence or willful misconduct, up to a maximum amount equal to the Additional Protection purchased. The total amount of Additional Protection purchased for a Gig applies no matter how many items are included in the Gig.
A Sender must prove the value of the item(s) in the Gig subject to the claim, regardless of the value declared or the amount of Additional Protection purchased. Senpex will not pay on a claim without proof of the declared value. You must also provide documentation that verifies the replacement or repair cost of the item subject to the claim.
PLEASE BE AWARE THAT NO MATTER WHAT TOTAL VALUE YOU DECLARE FOR YOUR GIG OR ANY INDIVIDUAL ITEMS CONTAINED IN SUCH GIG, SENPEX’S MAXIMUM REIMBURSEMENT TO YOU FOR LOSS OR DAMAGE TO ANY OR ALL ITEMS IN THE GIG IS $500.00 UNLESS YOU PURCHASE ADDITIONAL PROTECTION.
Qualification for Protection
To qualify for the Senpex Protection Plan, the Sender must declare the value of all items in the Gig and comply with Senpex’s other requirements when initiating the Gig in the App or on the Website, including taking a picture of all items included in a Gig. When submitting a claim, the Sender must complete a claim form and fully cooperate with Senpex in investigating the claim and shall provide such information and documentation as Senpex shall reasonably request in connection with the same including, where applicable, any packaging used by the Sender for the damaged item, proof of value of the damaged item, and where applicable, a satisfactory police report. Senpex will have no liability to a Sender, and no responsibility to pay on a Sender’s claim, if the Sender does not cooperate with Senpex in investigating the claim.
Limits on Recovery
Senpex’s liability to any Sender for loss, damage or theft of the Sender’s personal property during a Gig is always limited to a Sender’s actual, documented costs to repair or replace the items subject to the claim. This is true whether the basic Protection is applicable or if the Sender has purchased Additional Protection. No matter the amount of Protection purchased, Senpex will only pay a Sender for Sender’s actual, documented costs to repair or replace the items subject to the claim. Additionally, notwithstanding a Sender’s purchase of Additional Protection, Senpex is not liable for loss and/or damage to any Gig or any item(s) therein if the item(s) are not properly packed to withstand transport.
The Senpex Protection Plan limits a Sender’s recovery for loss or damage to certain items and these limits apply whether or not you purchased Additional Protection. If your Gig contains one of the items below, Senpex’s maximum liability and obligation to you for loss or theft of, or damage to, such items are as follows:
- Checks: Senpex’s liability for checks contained in a Gig is limited to the cost of stopping payment on and reissuing the check. Senpex will not pay for the face value of the check. Maximum reimbursement is $100 per Gig.
- Coins, currency, postage stamps, negotiable instruments, money orders. Senpex shall have NO liability for loss or theft of, or damage to, coins, currency, postage stamps, negotiable instruments, or money orders contained in a Gig. No Reimbursement.
- Phone Cards, Tickets, Gift Cards and Certificates, Coupons and Similar Matter: Senpex’s liability for phone cards, tickets, gift cards and certificates, coupons and similar matter contained in a Gig is limited to the cost of replacing the physical card, certificate, or printed matter. Senpex is not liable for the face value of the card, gift certificate, coupon, or similar printed matter. Maximum reimbursement is $100 per Gig.
- Animals: Senpex shall have NO liability for loss or theft of, or injury or death to, any live animals contained in a Gig. No Reimbursement.
- Perishable Items: Senpex liability for perishable items contained in a Gig is limited to those items properly packed to withstand transport for the length of the Gig requested by the Sender, and then only if the loss or damage is due to the Driver’s failure to accomplish the Gig within the time set forth in the request. Maximum reimbursement is $500 per Gig.
- Media: Senpex liability for media, such as documents, film, or photographs contained in a Gig, is limited to the replacement cost of the media on which the content is recorded. Senpex will not reimburse for any emotional damages related to the loss or any other direct or indirect damages related thereto. Maximum Reimbursement up to limits of Additional Protection chosen by Sender
- Heirlooms, Antiques, One-of-a-Kind: Senpex liability for heirlooms, antiques, or one-of-akind items contained in a Gig is limited to the actual monetary value of the item as shown by an invoice, sales receipt, appraisal, or with other proof of value of with a “like” item that can be verified. Senpex will not reimburse for “sentimental value” or any other direct or indirect damages related thereto. Maximum Reimbursement up to limits of Additional Protection chosen by Sender.
- Unopened, new-in-box consumer electronics: Senpex liability for unopened, new-in-box consumer electronics contained in a Gig is limited to cases where there is significant, visible and documented damage to the packaging of the item, which damage occurred while in the Driver’s possession. Maximum Reimbursement up to limits of Additional Protection chosen by Sender.
- Used Electronics: Senpex shall have NO liability for “used” electronics contained in a Gig. “Used” is defined as any such item that has been opened and removed from its original packaging, even if never actually used. No Reimbursement.
- Prohibited and Undisclosed Special Items: Senpex shall have NO liability for any Prohibited Item or any undisclosed Special Item contained in a Gig. No Reimbursement.
SENDERS SENDING ANY OF THE ABOVE ITEMS IN A GIG DO SO AT THEIR OWN RISK. SENPEX WILL NOT REIMBURSE ANY SENDER FOR ANY GIG OR THE ITEMS IN THE GIG IN EXCESS OF SENPEX’S MAXIMUM REIMBURSEMENT LIMITS SET FORTH ABOVE, NO MATTER THE ITEMS ACTUAL VALUE AND NO MATTER WHETHER SENDER PURCHASED ADDITIONAL PROTECTION FOR THE GIG.
THE SENPEX PROTECTION PLAN DOES NOT APPLY TO ANY PROHIBITED ITEM OR ANY UNDISCLOSED SPECIAL ITEM AND UNDER NO CIRCUMSTANCES WILL SENPEX REIMBURSE ANYONE FOR LOSS OR DAMAGE TO A PROHIBITED ITEM OR UNDISCLOSED SPECIAL ITEM WHETHER OR NOT ADDITIONAL PROTECTION HAS BEEN PURCHASED.
Additional Limitations in the Senpex Protection Plan Apply to Certain Senders
Senpex shall have no liability to a Sender for loss, damage or theft of items in a Sender’s Gig, if a Sender is a courier, delivery service, or other person that provides aggregation and/or fulfillment services for deliveries (a “Third-Party Logistics Provider”) and uses Delivery Services provided through the Senpex Platform to deliver items that the such ThirdParty Logistics Provider has been hired to deliver. Determination of whether a Sender is categorized as a Third Party Logistics provider is at Senpex’s sole discretion.
Filling a Claim
As a Sender, you must file a claim within three business days of the Gig being delivered. To file a claim:
- Collect proof of value documentation for the items that are part of the claim. Collect pictures of the items that are part of the claim.
- For a claim related to damaged items, obtain and keep the damaged items. If Senpex pays out on a claim, Senpex will need to collect the items. Fill out all fields on the claim form.
- Email the completed claim form, proof of value documentation, and all pictures of the damaged items to claims@Senpex.com.
Most claims will be resolved within ten 10 business days after we receive your completed claim form and supporting documentation. Senpex will notify you of its decision and the amount to be paid to you. After you sign a simple release, Senpex will issue you a check, credit your PayPal account, or replace the item for you, all at Senpex’s option. That decision is final and cannot be appealed.
Proof of Value and Packaging
A Sender must prove the value of the item in the Gig subject to the claim, regardless of the value declared or the amount of additional protection purchased. Senpex will not pay on a claim without proof of the declared value. You must also provide documentation that verifies the replacement or repair cost of the item subject to the claim.
Additionally, a Sender must provide all packaging used in the packing of the items subject to the claim or the items themselves when submitting a claim. In cases of an unexplained loss or other mysterious disappearance of an item, the Sender must also provide a satisfactory police report with respect to the lost item or Gig when submitting a claim.
Repairing or Replacing an Item
When repairing or replacing items, Senpex can reimburse the Sender in the following ways:
- The lowest price paid for the item
- The replacement cost of the item at the time and place of loss or damage The cost of repairing the damaged item
You must provide a third-party repair quote or evaluation from a qualified repair facility. If the third-party decides that the items as not repairable, Senpex will pay the actual or replacement value up to the maximum liability under the Senpex Protection Plan.
Remember, you must submit all repair quotes as part of the claims process. While Senpex may pay the cost of repair, it is the Sender’s responsibility to have the item repaired.
Loss or Damage to Limited Part of Items
In the event of loss or damage to a set of items, Senpex is only liable to the value of the part of the set that is lost or damaged. Senpex is not liable for the value of the whole pair or set.
In the event of loss or damage to any part of an item (including any part of a machine) that consists of several parts, Senpex is only liable for the value of the part lost or damaged, not to exceed the declared value of the part lost or damaged. In no event will Senpex be liable for the value of the complete item.
Third-Party Claims Providers
Senpex may use a third-party provider to manage the claims process. In cases of damage to a Senpex Special Item, Senpex (or its provider) will analyze the integrity of packaging and associated materials and will determine adequate packaging in its sole discretion.
You acknowledge and agree that outside of the Senpex Protection Plan Senpex does not have control over, and has no responsibility for, any damage to the content(s) of a Gig and that a Driver is solely responsible to a Sender therefor
Other details regarding the Senpex Protection Plan and claims for loss and damage can be found in our FAQ.
Cancelations and No-Shows
Cancelation by Senders
If a Sender needs or wants to cancel a Gig, please cancel the request as soon as possible. This will notify the Driver and free them up to accept other Gigs from other Senders. To cancel a Gig, tap Cancel on the Gig Details screen within the Senpex App, or call Customer Support at +1 669 777-5733
What Happens When a Sender Cancels or is a No Show?
Senpex will charge a Sender $10 for each canceled Gig and/or each no-show. A Gig is deemed canceled if the Sender cancels the Gig once a Driver is already on his way to fulfill the Gig (“Cancelation“). A Sender will be considered a no-show if the Sender drop offs the Gig at the designated pick-up or drop-off location (1) more than 15 minutes after the agreed pick-up/drop-off time without calling, messaging or otherwise contacting the Driver through the Platform, or 2 more than 30 minutes after the agreed pick- up/drop-off time, whether or not Sender has contacted the Driver (“No-Show“). If either a Sender Cancelation or NoShow occurs, a $10 cancelation fee is automatically charged to the Sender’s account.
A Sender will not be charged a cancelation fee if they cancel a Gig due to a Driver’s NoShow, or Cancelation or if they cannot contact a Driver during the performance of their Gig.
Cancelation by Drivers
If a Driver needs or wants to cancel a Gig, please cancel the Gig as soon as possible. This will notify the Sender and allow another Driver to accept the Gig. To cancel a Gig, tap Cancel on the Gig Details screen within the Senpex App, or call Customer Support at +1 (669) 777-5733.
Actions Leading to Temporary Suspension and/or Permanent Termination of Accounts
Without limiting any other of its remedies at law or in equity, Senpex may temporarily suspend and/or permanently terminate your Senpex account and access to the Platform and any participation in the Delivery Services if:
- you breach, are suspected of breaching, or are alleged to have breached these Terms or the Terms or any Driver or Sender Agreement to which you are subject or any of Senpex’s other terms or policies governing a User’s use of the Platform;
- we are unable to verify or authenticate any information you provide to us
- we believe that your actions may cause financial loss or legal liability for you, our Users or Senpex, its affiliates, or third party providers;
- we believe you may subject Senpex or you or any other User to regulation by any state or local government or regulatory agency;
- we suspect or it has been alleged that you have engaged in fraudulent, illegal or harmful activity in connection with your use or access of the Senpex Platform or App, or in connection with your receiving or providing Delivery Services or you or your account is the subject of an investigation of alleged or suspected fraudulent, illegal or harmful activity; or
- Prohibited Items are discovered in your Gig.
Senpex may temporarily suspend a User’s account while investigating any incident or action that could lead to Senpex permanently terminating the User’s account. A User’s account may be suspended for such time as Senpex determines in its sole discretion. A User may provide Senpex notice in writing of any extenuating circumstances surrounding the events leading to the suspension and/or termination which Senpex may consider in its sole and absolute discretion when making decisions regarding the status of the User’s account.
ALL SENPEX ACTIONS TAKEN WITH RESPECT TO THE TEMPORARY SUSPENSION AND/OR TERMINATION OF YOUR ACCOUNT MAY BE TAKEN IN SENPEX’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, AND WITHOUT LIABILITY TO YOU.
Other actions that may lead to Senpex temporarily suspending or permanently terminating your account are:
Cancelations and No Shows
Senpex may temporarily suspend your account after your second Cancelation or No Show and may permanently terminate your account upon your third Cancelation or No Show.
Senpex may temporarily or permanently suspend a Driver’s account after the Driver’s overall rating falls below 4-stars per Senpex’s Suspension Guidelines, which provide for steps including mandatory coaching, 7-day suspensions, 30-day suspensions, and permanent suspensions/terminations based on the severity and frequency of poor ratings and performance while engaged on the Senpex Platform
Senpex Protection Plan Claims
Senpex may temporarily suspend your account if your Gig is subject to a claim under the Senpex Protection Plan during the investigation of such claim. If a User is found to be liable for the claim, Senpex may permanently terminate the account of a Driver or Sender. Additionally, Senpex may permanently terminate an account if a Driver or Sender has 2 Gigs that are the subject of claims under the Senpex Protection Plan.
Loss of Items in Gigs
Senpex will temporarily suspend a Driver’s account if your Gig is subject to a claim of “shortages” or “mysterious disappearances” during the investigation of such claim. If a User is found to be liable for the claim, Senpex may permanently terminate. Additionally, Senpex may permanently terminate the account of a Driver if the Driver completes 2 or more Gigs with “shortages”; or if a Driver has 2 or more “mysterious disappearances” of an item in a Gig.
Senpex reserves the right to suspend or terminate any User’s account that has been “inactive” for 90 days or more. If a Driver has not offered on a Gig within the past 90 days, such Driver is deemed to be inactive.
Reactivation of Temporarily Suspended Accounts
Senpex may reactivate any Driver or Sender account temporarily suspended after investigation by Senpex in its sole discretion.
YOU CAN LOSE YOUR USER NAME AND PERSONA AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE PLATFORM, APP OR ANY PORTION THEREOF, AND SENPEX IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY WITHHOLD GIG PAYMENTS, LIMIT, SUSPEND OR TERMINATE YOUR USER ACCOUNT, PROHIBIT ACCESS TO OUR PLATFORM, APPS, WEBSITES, AND THEIR CONTENT INCLUDING YOUR OWN, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT ANY USER FROM ACCESSING OUR PLATFORM, APPS, WEBSITES OR ANY PORTION THEREOF IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS AND OTHER PUBLISHED SENPEX TERMS OR POLICIES.
Billing and Payment
Senpex is not and will not be a party to the agreements between Users for a Driver to perform Delivery Services using our Platform, including the Sender’s agreement to pay the Driver. Therefore, all Users of our Platform are required to provide their credit card or bank account details and such other information needed to vet the User to Senpex and the Payment Service Provider retained by Senpex (the “PSP”). By accepting these Terms, each User agrees that they have downloaded or printed, and reviewed and agreed to the PSP Agreement. Please note that Senpex is not a party to the PSP Agreement and has no obligations or liability to any User under the PSP Agreement.
Payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement (available at https://stripe.com/us/connect-account/legal), which includes the Stripe Services Agreement (available at https://stripe.com/us/legal) (collectively, the “Stripe Terms“). By using the Senpex Platform to pay for Gigs or receive payment proceeds, all Users agree to be bound by the Stripe Terms, which may be modified from time to time. As a condition of Senpex enabling payment processing services through Stripe, all Users authorize Senpex to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate your provision of Services as contemplated by these Terms and your relationship with Senpex. All Users further agree to provide accurate and complete information about you and your business, and authorize Senpex to share it and transaction information with Stripe for the purposes of facilitating of the payment processing services provided by Stripe. Senpex reserves the right to switch payment processing vendors or use alternate or backup vendors in its discretion.
Drivers may elect to elect to receive payments through Senpex’s Express Pay feature (which Senpex may offer to you in its sole discretion). If a Driver elects to use Express Pay you acknowledge that you will be charged a fee for this Express Pay service as disclosed by Senpex prior to confirmation. You understand that (i) your financial institution may not support Express Pay, (ii) neither Senpex nor Stripe make any guarantee concerning how quickly Express Pay payments will settle with your account, and (iii) not all payments through the Senpex Platform are eligible for Express Pay. If a Driver elects to use any direct debit features made available by Senpex or its third party partners you acknowledge that you may be subject to supplemental agreements related to those services
Senders will be responsible for paying the invoice for each Gig contracted for (the “Invoice”), which will include the pricing terms of the Gig provided by a Driver, and any out of pocket expenses agreed with and submitted by a Driver in connection with the Gig or cancellation or no-show fee, as may be applicable, and any fee Senpex assesses for use of its Platform (combined, the “Gig Payment”). Any fees that Senpex may charge a User for their use of the Senpex Platform (including to receive or perform any Delivery Services), are due immediately and are non-refundable and this no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Platform or the Delivery Services either planned, accidental or intentional, or any reason whatsoever. Senpex reserves the right to determine final prevailing pricing and any pricing information published on the Senpex Website may not reflect the current pricing.
Users of our Platform will be liable for any taxes (including VAT, if applicable) required to be paid because of the User’s use of or access to the Senpex Platform, or receiving or performing any Delivery Services or on any Gig Payment received (other than taxes on the Senpex’s income).
Payment, Withholding and Release
If chosen, a Driver is solely responsible for completing delivery of the Gig as agreed upon BEFORE being paid. Within 24 hours after a Sender receives confirmation through the Platform that their Driver has completed the Gig, the Sender will authorize Senpex to provide the Sender’s payment details to the PSP for processing of Gig Payment. Senpex, in its sole discretion, may place a hold on a Driver’s Gig Payment if the delivery of the Gig is not provided expressly in accordance with the Sender’s directions set forth in the request for Delivery Services, and these Terms, and/or Senpex determines it otherwise necessary or advisable to place a hold on such Gig Payment, including without limitation if Senpex has any suspicion or reason to believe that a Driver or Sender has breached these Terms, including, without limitation by 1 a claim has been made under the Senpex Protection Plan for loss, damage or theft to a Gig carried by Driver, 2 sending or accepting items on the Prohibited Item list; 3 establishing an account with Senpex or entering into a Gig with the purpose of defrauding Senpex or any other party; 4 using a stolen credit card or any other false information to establish an account with Senpex or pay for a Gig; or 5 otherwise engaging in any questionable or fraudulent activity in connection with the performance of the Gig or access and/or use of the Senpex Platform.
Senpex will release the Gig Payment to a Driver upon establishing the validity of the accounts and Gigs under suspicion, in Senpex’s sole but reasonable discretion.
SENPEX WILL NOT RELEASE SENDER’S PAYMENT TO THE DRIVER UNTIL THE PERFORMANCE OF THE GIG IS COMPLETED BY THE DRIVER AS AGREED UPON HEREIN.
Reimbursement for Expenses
A Driver will only be reimbursed for costs and expenses incurred in performing a Gig if the Driver presents to Senpex adequate evidence of incurring the same (a receipt) within fifteen (15) days of incurring the expense. Such expenses include parking fees and tolls.
There is only one Invoice and Gig Payment per Gig. If Drivers are in teams or pairs the Driver account assigned the Gig will receive the entire Gig Payment and it is the responsibility of the members of the team to divide as they see fit. Once the Gig Payment is released to the assigned Driver account, Senpex will have no further liability or responsibility to any Driver or member of a Driver team therefor. Drivers may not be accompanied by minors under any circumstances while performing Gigs.
YOU HEREBY GRANT SENPEX PERMISSION AND THE FULL RIGHT AND AUTHORITY TO FULLY INVESTIGATE AND PROSECUTE VIOLATIONS OF ANY OF THESE TERMS INCLUDING ALL DOCUMENTS AND AGREEMENTS REFERENCED OR INCORPORATED HEREIN TO THE FULLEST EXTENT OF THE LAW, INCLUDING INVOLVING, COOPERATING OR DISCLOSING YOUR PERSONAL INFORMATION TO LAW ENFORCEMENT AUTHORITIES IN CONNECTION THEREWITH.
Disclaimer of Warranties and Limits on Senpex’s Liability to You
NEITHER SENPEX NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR PLATFORM AND SENPEX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES AND LICENSORS ARE NOT BE LIABLE FOR ANY LOSS, CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM OR YOUR RECEIVING OR PROVIDING DELIVERY SERVICES. BY USING THE PLATFORM YOU THEREBY RELEASE SENPEX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES AND LICENSORS FROM ANY LIABILITY RELATED TO ANY USE OF OUR PLATFORM OR YOUR RECEIVING OR PROVIDING DELIVERY SERVICES OR THE CONDUCT OR MISCONDUCT OF A USER.
The Delivery Services, Platform and App are provided to you strictly on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement and all warranties are hereby disclaimed by Senpex to the maximum extent permitted by applicable law. Senpex makes no warranties or representations about the accuracy or completeness of any content provided through the Platform or App or the content of any websites linked to the Platform or App. Senpex does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Platform or App or any hyperlinked website or featured in any banner or other advertising and Senpex will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
Without limiting the foregoing, neither Senpex nor its affiliates or licensors warrant or guarantee:
- that access to the Delivery Services, Platform or App will be uninterrupted, error-free, secure, timely or operate on any Device or in combination with any other hardware, application, system or data;
- as to the results that may be obtained from the use of the Delivery Services, Platform or App;
- that the Delivery Services, Platform or App, or the quality of any products, services, information or other material purchased or obtained by you through the Platform or the App, will meet your requirements or expectations;
- as to the timeliness, accuracy, or reliability, of any User;
- as to the timeliness, accuracy, or reliability of our Delivery Services, Platform or App, or any information or materials provided through or in connection with the use of the Delivery Services, Platform or App;
- as to the completeness or content of any Gig;
- that the Platform and App are free from viruses, worms, Trojan horses, or other harmful components or that any errors or defects in the Delivery Services, Platform or App will be corrected; or
- that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
Limitations of Liability
SENPEX EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS PLATFORM. USE OF OUR PLATFORM, AND RECEIVING OR PERFORMING DELIVERY SERVICES THEREUNDER ARE ENTIRELY AT A USER’S OWN RISK
YOU ACKNOWLEDGE AND AGREE THAT SENPEX IS ONLY WILLING TO PROVIDE THE PLATFORM IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES.
SENPEX CURRENTLY DOES NOT AND HAS NO OBLIGATIONS TO ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY USER TO PERFORM OR COMPLETE A GIG AND YOU EXPRESSLY WAIVE AND RELEASE SENPEX FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO A USER’S PERFORMANCE OF A GIG. YOU ACKNOWLEDGE THAT USERS PROVIDING DELIVERY SERVICES REQUESTED USING THE SENPEX PLATFORM OR APP MIGHT NOT BE PROFESSIONALLY LICENSED OR PERMITTED AND MAY NOT HAVE THE PROPER INSURANCE. SENPEX WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN ANY OF OUR USERS. YOU EXPRESSLY WAIVE AND RELEASE SENPEX FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR ACCESS OR USE OF THE SENPEX PLATFORM, APP OR YOUR RECEIVING OR PERFORMING DELIVERY SERVICES, OR IN ANY WAY RELATED TO ANOTHER USER OR ANY OTHER THIRD PARTY INTRODUCED TO YOU BY THE PLATFORM, APP OR DURING A GIG, OR OTHERWISE.
YOU AGREE NOT TO HOLD SENPEX, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM, APP OR DELIVERY SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY SENPEX OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION AND WHETHER OR SUCH CONDUCT, ACT OR OMISSION OCCURS DURING YOUR USE OR ACCESS OF THE PLATFORM OR APP OR DURING THE PERFORMANCE OF A GIG.
UNDER NO CIRCUMSTANCES WILL SENPEX, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE TO YOU, ANOTHER USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM, APP OR DELIVERY SERVICES, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN A DRIVER, SENDER, ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS A USER OF THE PLATFORM OR APP INCLUDING FOR PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, EVEN IF ALL PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT SENPEX OR ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU OR TO YOU DURING THE SIX
- MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY ANALOGOUS LAW OF ANY OTHER STATE, WHICH READS AS FOLLOWS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Senpex owns all intellectual property rights in and to the Platform and the App, including but not limited to database rights, copyright, design rights, trademarks and other similar rights, whether or not currently registered, wherever existing in the world together, with full rights to apply for protection of the same, and your use of the Platform or App gives you no rights therein.
Platform and App License
Senpex owns and retains ownership in the Senpex Platform and App, and all intellectual property and proprietary rights therein. Contingent upon your compliance with the terms and conditions of the Terms, Senpex hereby grants to you a limited, non-transferable, nonexclusive, non-assignable, revocable license to use the Platform via the App on any authorized Android Device that you own or control and/or any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules“). This license does not allow you to use the Platform or App on any Device that you do not own or control. The terms of the license will govern any upgrades provided by Senpex that replace and/or supplement the Senpex Platform or App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Senpex reserves the right to stop offering and/or supporting our Platform, App or our Users’ ability to receive or perform Delivery Services or any particular portion or part of our Platform, App or access to Delivery Services at any time, at which point your license to use the Platform or App or your access to the Delivery Services therefrom, or any part thereof, will be automatically terminated. In such event, Senpex shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Platform, App or access to Delivery Services.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform or the App in any way; (ii) modify or make derivative works based upon the Platform or the App; (iii) create Internet “links” to the Platform, alternate access to Delivery Services, or “frame” or “mirror” any App on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Platform or App to copy any ideas, features, functions or graphics of the Platform or App whether to build competitive products or services using similar ideas, features, functions or graphics of the Platform or App, or otherwise; (v) launch an automated program or script that unduly burdens, interferes, disrupts, hinders the integrity, operation and/or performance of the Platform or App (or the data contained therein) in any way or for any User, including but not limited to Trojan horses, viruses, worms, web spiders, web crawlers, web robots, web ants, web indexers, bots, or any program which may make multiple server requests per second, or send and/or store in our App; (vi) attempt to gain unauthorized access to the Platform or App or its related systems or networks, or circumvent or attempt to defeat any security or verification measures relating to use of the Platform or App; or (vii) use our Platform or App to send spam or otherwise duplicative or unsolicited messages, send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violates third party privacy rights or send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs
Licenses Granted by Senpex in Content
Subject to your compliance with the Terms, including without limitation Driver and Sender Agreements, Senpex grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any Content that Senpex makes available through the Platform or App, including any Content licensed from a third party (“Senpex Content“), but excluding any Content that a User posts, uploads, publishes, submits or transmits to be made available through the Platform or App, including any questions, comments, suggestions, ideas, or feedback (“User Content” and with Senpex Content collectively, “Collective Content“); and (ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense these license rights granted by Senpex above
Senpex Content may be used solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform, App or Collective Content, except as expressly permitted in the Terms.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Senpex or its licensors, except for the licenses and rights expressly granted in the Terms.
You agree that Senpex has no responsibility to, and may not, monitor your access to or use of Collective Content or review or edit any Collective Content. Senpex reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Senpex, at its sole discretion, considers to be in violation of these Terms or otherwise harmful.
License Granted by User
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available or posting any User Content on or through the Platform or App, you hereby grant to Senpex a worldwide, irrevocable, perpetual, exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, disseminate and otherwise exploit such User Content. Senpex shall be entitled to the unrestricted use of all User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Senpex claims no ownership rights in any User Content and nothing in the Terms will be deemed to restrict any rights that you may have to use and exploit your User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Platform or App. By posting or making available any User Content, you represent and warrant that: (i) you are the sole and exclusive owner of all User Content that you make available or post or you have all right, license, consent and release that are required to grant to Senpex full rights in such User Content, as contemplated under the Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Senpex’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Senpex respects copyright law and the intellectual property of others and expects its Users to do the same. Senpex will terminate Users or other account holders who repeatedly infringe or are reasonably believed to be repeatedly infringing the rights of copyright holders. If you believe, in good faith, that any materials on our App or Website infringe upon your copyrights, please send the following information to Senpex’s Copyright Agent at firstname.lastname@example.org:
- A description of the copyrighted work that you claim has been infringed, including sufficient information to locate the specific place on our App or Website where the material is located. Please include sufficient information to locate the material and explain why you think an infringement has taken place;
- A complete description of the location where the original or an authorized copy of the copyrighted work exists; i.e. an Internet address where the work is posted or the name of the book in which it was published;
- Your address, telephone number, and e-mail address;
- A signed statement by you that, in good faith, you believe that the disputed use is not authorized by the copyright owner, its agent, or law;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Other Third Party Interactions
Via the Senpex Platform, including on our Website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Website or App. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Senpex and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. Senpex does not endorse any sites on the Internet that are linked through the Website or App, and in no event shall Senpex or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. Senpex provides the Website and App to you pursuant to these Terms and certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services. Senpex has no responsibility or liability arising from any agreements between you and such third party providers.
Senpex may rely on third party advertising and marketing supplied through the Website or App and other mechanisms to subsidize the Website or App. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. Senpex reserves the right to charge you a higher fee for access to the Platform should you choose not to receive these advertising services, if offered. This higher fee, if applicable, will be posted on Senpex’s
Website located at https://www.web.senpex.com.
All of our Users are automatically opted-in to receive SMS messaging when signing up for our Platform and must agree to receive SMS messages in order to use our Platform and receive or provide Delivery Services via the Platform and data rates may apply. If you change your mobile phone service provider all SMS messaging services from Senpex may be deactivated. Senpex reserves the right to cancel SMS messaging services at any time.
Notices to You
Senpex may give Users general notice regarding the Platform, these Terms, Drivers or Senders Agreements, or otherwise via electronic mail to your email address on record in Senpex’s account information, or by written communication sent by first class mail or prepaid post to your address on record in Senpex’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre- paid post) or 12 hours after sending (if sent by email). You may give notice to Senpex (such notice shall be deemed given when received by Senpex) at any time by email or letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Senpex at 350 Oakmead Pkwy, Suite 200, Sunnyvale, CA 94085 addressed to the attention of: Senpex Operations Team.
You may not assign your responsibilities, duties and obligations (or any portion thereof) as set forth in these Terms, including in any Driver or Sender Agreement, as applicable, to any party without the prior written approval of Senpex in each instance. Any purported assignment in violation of this section shall be void.
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that none of the Platform, App, any technical data related thereto or any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Platform, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
No joint venture, partnership, employment, or agency relationship exists between you, any other User, Senpex or any third party provider as a result of a User entering into a Driver or Sender Agreement, their use of the Platform or their providing or receiving Delivery Services via the Platform. If any provision of these Terms or any Driver or Sender Agreement is held to be invalid or unenforceable, such provision shall be revised as minimally as possible to validate or enforce the same, as well as the original intent of these Terms, and the remaining provisions shall be enforced to the fullest extent under law. The failure of Senpex to enforce any right or provision in these Terms, any Driver or Sender Agreement shall not constitute a waiver of such right or provision unless specifically acknowledged and agreed to by an authorized person from Senpex in writing. Unless Senpex has entered into a separate written agreement with a User addressing their access or use of our Platform or App or the Delivery Services, these Terms, and all agreements and documents referenced herein, including without limitation the Drivers and Senders Agreements, comprise the entire agreement between our Users and Senpex superseding all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between a User and Senpex regarding a User’s use of and access to the Senpex Platform, Website, App and Delivery Services. If you have entered into Senpex’s Dispute Resolution and Arbitration Agreement you acknowledge that document also is part of our agreement regarding your use of the Senpex Platform.
Senpex Drivers Agreement
This Senpex Drivers Agreement is a part of Senpex’s Terms and Conditions (“Terms”) and is incorporated therein by this reference. By using and accessing our Platform and agreeing to provide Delivery Services, each Driver agrees, represents, warrants, acknowledges and agrees that:
- Driver is a third-party user of the Platform and is an independent contractor with respect to any and all Gigs performed and is not and shall not be deemed to be an employee, agent or representative of Company or any Sender with respect to any and all Gigs performed. No Services provided by Driver via the Senpex App nor any action taken pursuant to these Terms shall create an employment relationship between Senpex and Driver or Driver and any Sender. No Driver is entitled to workers’ compensation or any employment rights or benefits from, or sponsored by, Senpex or any Sender, including, without limitation, employee, pension, health or welfare benefit plans, programs or arrangements of Senpex, Senders or their affiliates or subsidiaries. Driver will not make any representations regarding its status as a Driver providing Delivery Services via the Senpex Platform. Driver shall not have any right to enter into any contract or commitment in the name of, or on behalf of, or to bind Senpex or any Sender in any respect whatsoever.
- Driver acknowledges and agrees that Driver is free from the control and direction of Senpex and any Sender in connection with any Services performed hereunder by Driver. Under NO circumstances may Driver provide Delivery Services via the Senpex Platform in excess of 40 hours per calendar week. Driver acknowledges that Senpex calculates a Driver’s time spent providing Services to begin when the Driver picks up the Delivery and ends when the Driver completes the Gig as assigned; provided the Driver drives straight from the pick-up point to the delivery point. Driver acknowledges and agrees that any time spent by Driver not en-route to a delivery point is not counted in determining the amount of time a Driver spends performing a Gig. Driver acknowledges and agrees that Driver is required to deliver the Gig within the time as posted in the App and remains free to engage in other activities including such things as running errands and providing services to other parties in between. Driver acknowledges and agrees that any time spent by Driver looking for or offering on Gigs is not being “on-call” and that Driver at all times remains free to engage in other activities including such things as running errands and providing services to other parties.
- Driver hereby expressly agrees not to seek non-voluntary compensation from Senpex, a Sender or any other third-party, and waives any rights to, and fully releases and indemnifies Senpex against, any claims against Senpex, a Sender or any third party relating to benefits, overtime wages, or the like, in connection with Driver. Driver shall be fully liable for, and shall first pay directly, or second reimburse, Senpex for any reasonable legal fees, other fees, charges, penalties and/or other obligation (monetary or otherwise) placed on Senpex, whether for overtime wages, employee benefits, workman’s compensation, or otherwise, if Driver breaches this provision.
- Senpex provides 1099s to Drivers who earn $600.00 or more a year as required by IRS rules and regulations. Whether or not a Driver receives a 1099, Drivers are required to report all income earned from Gigs on their personal or business tax returns as applicable to the Driver.
- Driver is at least 18 years of age, or is 21 if such higher age is legally required to carry certain Gigs including Special Items and otherwise has all right and authority to lawfully provide the services agreed to when accepting a Gig hereunder. Driver possesses a valid driver’s license and has all other required licenses, permits, approvals and authorizations to accept and complete a Gig as contracted through the Platform and will not accept such Gigs without possessing valid licenses, permits, approvals or authorizations for the same.
- Driver owns, or has the legal right to operate, the vehicle used in a Gig, and has a valid policy of auto liability insurance covering any vehicle used during a Gig with coverage in types and amounts required by, or consistent with, all applicable legal requirements and industry standards (including without limitation commercial auto insurance when applicable) and is named or scheduled on the insurance policy. Any vehicle used during a Gig shall meet all applicable industry safety standards and statutory, federal DOT and state department of motor vehicle requirements. Driver must have in his possession at all times during a Gig proof of all required licenses and insurance and shall provide them to such authorities as may request. Proof of insurance and required licenses must be provided to Senpex upon request.
- DRIVER IS SOLELY RESPONSIBLE FOR ANY AND ALL LIABILITY, WHICH RESULTS FROM OR IS ALLEGED AS A RESULT OF THE OPERATION OF THE VEHICLE USED DURING A GIG, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURIES, DEATH AND PROPERTY DAMAGES. Driver is responsible for and will make all necessary contacts with insurance carriers in the event of a motor vehicle accident or claims against a Driver’s insurance policy for damage or injury during a Gig.
- Drivers shall not carry on their person any personal weapon or other thing designed or used for inflicting bodily harm or physical damage (including knives and firearms) when entering any pick-up or drop off location, including places of business, a Sender or recipient’s property, or while picking-up or delivering goods for Senders under any circumstances. Notwithstanding a Driver may possess a personal weapon in the Driver’s vehicle if a Driver has a valid license and legal right to do so in the State Delivery Services are provided, and only if a Driver locks such weapon securely in the Driver’s vehicle at all times the Driver is away from their vehicle. If there is a credible allegation against Driver that Driver breached this provision Senpex may suspend or terminate such Driver’s account.
- DRIVER IS SOLELY RESPONSIBLE FOR ANY AND ALL LIABILITY WHICH RESULTS FROM OR IS ALLEGED TO RESULT FROM A DRIVER CARRYING A WEAPON WHETHER ON THEIR PERSON OR IN THEIR VEHICLE DURING A GIG, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURIES, DEATH AND PROPERTY DAMAGE.
- Driver must have a mobile device with the Senpex App running when offering on, and while performing, all Gigs. Driver must not disable the Senpex App or its geo location software at any time during Gig performance. Drivers shall abide by all laws regarding talking or texting while driving.
- All vehicles used by Driver during a Gig shall be in good operating condition and, on the outside, clean and well maintained without material physical damage, and on the inside smoke and odor free, and free of excessive pet dander, at all times during the Gig. If required by the laws of the state in which a Driver performs Gigs, Drivers must have a standard, general inspection and needed maintenance performed on their vehicle no less than yearly. Drivers must keep records of such inspections and shall provide its latest inspection records to Senpex upon request. Vehicles will not display any indication of services being performed. Driver shall not use open convertibles or open truck beds in the performance of any Gig containing animals, perishable or delicate items.
- Driver shall have a well-groomed appearance, and will not wear clothing displaying the logo or brand of any company or entity, whether or not belonging to such Driver’s employer, or other clothing, which is obviously and generally offensive. Drivers shall not smoke at any time during a Gig, including on the way to pick up a delivery. Drivers, while providing Delivery Services, shall not participate in any activities that will take the focus off their assigned responsibilities. Driver shall not be under the influence of any illegal drugs and/or alcohol. Driver understands that Driver’s account will be terminated upon Senpex gaining knowledge of Driver performing Gigs while being under the influence of any illegal drugs and/or alcohol. If there is a credible allegation against Driver that Driver was performing Gigs while being under the influence of any illegal drugs and/or alcohol Senpex may suspend or terminate such Driver’s account until Driver can provide satisfactory evidence (in the form of a drug test or otherwise) that Driver was not under the influence. Drivers shall abide by all laws regarding talking or texting while driving.
- Drivers shall not enter Gig recipient’s home, nor enter or access any secure, private or employee only areas in any place of business (including airports) while delivering a Gig under any circumstances.
- Drivers shall not solicit tips or other additional compensation from Senders or Gig recipients and agrees that any additional compensation paid to a Driver is at a Sender’s sole discretion.
- Drivers are required to visually inspect Gigs prior to leaving with the Gig and must take pictures of any visible damage. If Driver fails to inspect it is done at Driver’s own risk. Drivers will be held liable for property damage that occurs between pick up and drop off if no evidence of prior damage exists.
- Drivers are required to take a picture of all items left without a recipient signature as proof of delivery. Such picture must be taken with adequate lighting and show that the items were left at the correct address.
- Drivers will present to Senpex adequate evidence of incurring any reimbursable expense (a receipt) within fifteen 15 days of incurring the expense, include parking fees and tolls. If a Driver fails to provide such evidence within such time period, Senpex shall have no liability to reimburse Driver for the expense.
- Driver 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.
- Driver will not collect or store the name, address, phone number or other personal or confidential information of any User or Gig recipient and will not use any personal or confidential information of any User or Gig recipient except as necessary to perform and complete the performance of the Gig. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE SUBJECT TO A STRICT DUTY TO MAINTAIN THE ABSOLUTE CONFIDENTIALITY OF SUCH PERSONAL INFORMATION AND YOU UNDERSTAND THAT ALL SUCH INFORMATION MUST NOT BE DISCLOSED TO ANY OTHER PERSON. You must immediately report to Senpex any circumstances whereby personal data or confidential information may have been lost, stolen or otherwise disclosed in an unauthorized manner.
- Unless working as part of an authorized Driver team, you shall not be accompanied by any other person while performing a Gig. Under no circumstances shall you have a minor in your vehicle while performing a Gig.
Senpex Senders Agreement
This Senders Agreement is a part of Senpex’s Terms & Conditions (“Terms”) and is incorporated therein by this reference. By using and accessing our Platform and requesting Delivery Services, each Sender agrees, represents, warrants, acknowledges and agrees that:
- Sender is at least 18 years of age and has all right and authority to lawfully use the Services or otherwise has the full right and authority to contract for the Gig and send all items contained in a Gig.
- Sender will specifically list, photograph and disclose to the Driver, prior to the Driver accepting the Gig, all items included in the Gig will not include in any Gig any “Prohibited Items” as listed in the Terms, whether consented to by a Driver or not. Sender acknowledges and agrees that Senpex is not responsible for the contents or loss of any Prohibited Item. Senpex reserves the right to dispose of the Item in its sole discretion and reserves all rights to instruct its Drivers on how to dispose of the Item, including delivery to the proper authorities. Sender acknowledges and agrees to Senpex’s Open Box Policy and will allow a Driver to visually inspect all items in a Gig prior to departing with the Gig.
- Unless Sender has a separate special written agreement with Senpex, Sender will not include in any Gig any “Special Item”. Sender acknowledges and agrees that Senpex is not responsible for the contents or loss of any so included Special Item. Senpex reserves the right to dispose of any unauthorized Special Item in its sole discretion and reserves all rights to instruct its Drivers on how to dispose of the Item, including delivery to the proper authorities.
- Unless Sender has a separate special written agreement with Senpex, Sender will not include in any Gig any “Special Item”. Sender acknowledges and agrees that Senpex is not responsible for the contents or loss of any so included Special Item. Senpex reserves the right to dispose of any unauthorized Special Item in its sole discretion and reserves all rights to instruct its Drivers on how to dispose of the Item, including delivery to the proper authorities.
- Sender acknowledges and agrees that the Senpex’s maximum liability under its Protection Plan is $500 per occurrence, unless Additional Protection is purchased.
- Sender will only contract for or arrange a Gig (or other similar services) with a Driver through the Senpex Platform and will not knowingly engage a Driver who has delivered a Gig for Sender prior to perform Delivery Services outside of the Senpex Platform. Senders shall not enter any personal information into the title of a Gig, including phone numbers or addresses. All personal information should be entered in the appropriate sections indicated in the App.
- Sender 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.