DELIVERY HERO AGREEMENT
This Delivery Hero Agreement (“Agreement”) between Hungry Harvest, LLC., a Maryland company with offices
at 101 West Dickman Street, Baltimore, Maryland 21230, d/b/a Hungry Harvest (“us” or “Hungry Harvest”), and
you (“you” or “Delivery Hero”), sets forth the terms governing your provision of services to Hungry Harvest.
Hungry Harvest operates produce delivery services through a web platform that connects individuals seeking
recovered produce (the “Clients”) with home delivery of variety boxes. This contract indicates the Delivery Hero
wishes to be part of Hungry Harvest’s delivery network and provide delivery services, on the basis of this
Agreement.
Each and every time you provide the Delivery Services defined below, you will be deemed to acknowledge that
you have read, understood and accepted this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH
PROVISION.
IF YOU DO NOT AGREE TO THIS AGREEMENT, (i) CLICK "CANCEL" AND (ii) YOU CANNOT PERFORM
DELIVERY SERVICES AS A DELIVERY HERO FOR HUNGRY HARVEST.
AGREED TERMS:
1. Eligibility
You may use the Hungry Harvest Platform and perform services as a Delivery Hero only if you can form a
binding contract with Hungry Harvest, and only in compliance with this Agreement and all applicable local,
state, and national laws, rules, and regulations. You must have a valid driver’s license, current motor vehicle
insurance (with proof thereof to the extent you use an automobile or motorcycle in the provision of Delivery
Services, defined below), a clean driving record (as determined by Hungry Harvest in its sole discretion), and a
smartphone capable of running the OnFleet, GetSwift, and When I Work delivery applications with a data plan.
Your access to the Hungry Harvest Platform, OnFleet or GetSwift App and this Agreement may also be
conditioned on satisfactory results of a required motor vehicle report, which will be conducted periodically, and
a background check.
2. Delivery Services
2.1 You will provide the delivery services described herein (the “Delivery Services”) in accordance with this
Agreement in exchange for payment by Hungry Harvest (the “Delivery Payment”) as further described in
Section 5. As a Delivery Hero for Hungry Harvest, you will, upon the receipt of a task or route (collection of
tasks) from Hungry Harvest, which may involve delivery of Hungry Harvest’s pre-packaged boxes of produce or
other items related to Hungry Harvest’s business (a “Delivery Task”), collect the food or items from the Hungry
Harvest warehouse during the specified time slot defined by Hungry Harvest (the “Pickup Time”) and deliver it
to the Client(s), Business(es), or other locations specified by Hungry Harvest at the delivery addresses, as set
out in the Delivery Order, during the specified time slot defined by Hungry Harvest (the “Delivery Time”).
2.2 You will have the opportunity to pre-select the days and times you are available to perform Delivery
Services for Hungry Harvest by using the When I Work application. When offering a Delivery Route, Hungry
Harvest will give preference to the couriers who have pre-selected schedules, and who then continue to fulfill
the services as the selected time and day.
2.3 When in contact with a Client or Business, you will hold yourself out as representing Hungry Harvest, but
shall not have the authority to make decisions, express views, or enter into contracts on Hungry Harvest’s
behalf.
2.4 A Delivery Route will be offered to you in Hungry Harvest’s sole discretion. Once you accept a selected
route time through the When I Work application, the Delivery Route becomes a binding contract between you
and Hungry Harvest and you are obliged to perform the relevant Delivery Route and Hungry Harvest is obliged
to pay the applicable Delivery Payment in accordance with this Agreement.
2.5 Hungry Harvest is not obliged to pay the Delivery Payment if a Delivery Order fails at the collection address
or the delivery address due to the fault of the Delivery Hero (for example, without limitation, Delivery Hero
arrives outside of the Pickup Time and the Warehouse is closed; or Delivery Hero delivers a harvest to the
wrong address or does not take a completion photo).
2.6 When Delivery Orders fail at the delivery or collection address due to, by no fault of the Delivery Hero, the
Client or Warehouse not being available, and the Delivery Hero having used all reasonable efforts to meet the
required Delivery Time and Pickup Time, the Delivery Hero shall contact Hungry Harvest. If Hungry Harvest, in
its sole discretion, determines that the foregoing occurred by no fault of the Delivery Hero, Hungry Harvest shall
be liable to pay the Delivery Payment.
3. Notifying Hungry Harvest of Inability to Carry Out a Delivery Order
3.1 You must call or text Hungry Harvest customer services in your local region immediately if you encounter
any problems with any Delivery Order.
3.2 You must not call or text Hungry Harvest Clients except in the explicit case of when completing a delivery
order or if specified by a Client’s delivery instructions within the task.
3.3 You must notify Hungry Harvest customer services as soon as you become aware, and at least 30 minutes
in advance of the end time of the Pickup Time or Delivery Time, as appropriate, that you may be unable to
meet the Pickup Time or complete the delivery within the designated Delivery Window for any reason.
4. Delivery Hero Obligations
4.1 Hungry Harvest will not be liable for any charges, expenses, costs or losses that you incur in performing
Delivery Services other than the Delivery Payment as set forth in Section 5, and you will be liable to pay for any
such amounts payable to any third party that arise as a result of performing the Delivery Services, including
without limitation to insurance companies (e.g. for medical coverage, automobile coverage, etc.), government
agencies (e.g. for driver’s license fees, etc.), or individuals/Clients/Businesses (e.g. for damage to property or
personal injury). Furthermore, you will be liable for any losses or damages incurred while performing Delivery
Services, including without limitation, any personal injury, or loss or damage to your vehicle or personal
property that results from parking in a parking space which is rented or owned by Hungry Harvest. Hungry
Harvest is not liable to pay parking tickets, including those acquired during the course of completing delivery
tasks.
4.2 You are obliged to carry out all Delivery Orders that you accept for the Delivery Routes. If you are not able
to fulfill this obligation, you must inform Hungry Harvest of this situation as soon as possible. This response
must be made by telephone or other pre-agreed communications medium. You recognize that you can adjust
your Delivery Service availability in real time via the When I Work app. You will therefore ensure that you are
able to fulfill all Delivery Routes during both the Pickup Time and the Delivery Time.
4.3. To ensure that you are using all commercially reasonable efforts to meet the Pickup Time and Delivery
Time for each Delivery Order, you agree that you will not perform services for any third party while in the course
of making a delivery for Hungry Harvest. You further agree that you will not wear any apparel or carry any
equipment bearing the logo of any competing delivery or produce companies while in the course of making a
delivery for Hungry Harvest.
5. Payment
5.1 Hungry Harvest shall pay you the Delivery Payment for each Delivery Order provided in accordance with
and subject to this Agreement. The Delivery Payment is a task-based fee between $2 and $4 and is subject to
the distance traveled, density of the route, and time on the road. Hungry Harvest may also provide incentive or
discretionary bonus payments in addition to the Delivery Payment for additional services such as unanticipated
wait time or re-deliveries.
5.2 Unless otherwise agreed by Hungry Harvest and you in writing, Hungry Harvest shall remit payments due to
you on a weekly basis in which the applicable Delivery Payments are incurred. Payment shall be in the form of
direct deposit to the bank account that you specify to Hungry Harvest at the time of registration, or as
subsequently updated as permitted by the Hungry Harvest Platform. To ensure proper payment, you are solely
responsible for providing and maintaining accurate contact and payment information with Hungry Harvest.
5.3 Hungry Harvest may amend or update these payment terms from time to time with notice to Delivery Hero.
Any change to our payment terms shall become effective in the billing cycle following notice of such change to
Delivery Hero.
5.4 If you dispute any payment made hereunder, you must notify Hungry Harvest in writing within 30 days of
such payment. Failure to notify Hungry Harvest shall result in your waiver of any claim relating to such disputed
payment. Payment shall be calculated solely based on records maintained by Hungry Harvest. No other
measurements or statistics of any kind shall be accepted by Hungry Harvest or have any effect under this
Agreement.
6. Warranties
6.1 You warrant and represent that the Delivery Services will be provided in a professional manner with
reasonable care and skill and that you will use all commercially reasonable efforts to meet the Pickup Time and
Delivery Window for each Delivery Order.
6.2 You warrant and represent that you will comply with all laws and regulations applicable to your performance
of the Delivery Services, including, without limitation any laws regarding equal employment opportunity,
discrimination, harassment of any kind, including harassment based on race, color, religion, sex, sexual
orientation, age, disability, or any other characteristic protected by law. Harassment includes verbal, physical,
or visual harassment, or retaliation for any complaint of harassment, that creates an intimidating, offensive, or
hostile work environment, or that interferes with the performance of Delivery Services.
6.3 You warrant and represent that you will not present a threat to the safety or security of Hungry Harvest or
Hungry Harvest’s Clients', or Business’ premises, persons, guests, customers, or employees.
6.4 You warrant and represent that you will not allow any third party to access the Delivery Hero portal, the
OnFleet, GetSwift, or When I Work Apps, or any other courier tools on the Delivery Hero Platform. You further
represent that you will not share with any third party your username, password, or any other identification
methods which could lead to unauthorized access of the Delivery Hero portal, the OnFleet, GetSwift, or When I
Work App, or any other courier tools on the Hungry Harvest Platform.
6.5 You warrant and represent that you currently have and will maintain a valid driver’s license that is not
subject to any pending proceeding regarding revocation or suspension and that permits you to provide the
Delivery Services in the jurisdiction where the Delivery Services take place (e.g., Baltimore, Maryland;
Philadelphia, Pennsylvania). If any license suspension or revocation action or proceeding is instituted against
you, you shall immediately notify Hungry Harvest of such proceeding by contacting your local Hungry Harvest
logistics department by email.
6.6 You warrant and represent that you currently maintain and will maintain the minimum level of liability, bodily
injury, and property damage insurance policy required by the Department of Motor Vehicles for the jurisdiction
where the Delivery Services take place (e.g., Maryland), which coverage is in full force and effect for so long as
you provide the Delivery Services.
6.7 To the extent you use a vehicle to perform Delivery Services, you warrant and represent that your vehicle
(e.g., car, SUV, van), will be maintained in accordance with state and local safety requirements and maintained
in a clean and safe condition for performing Delivery Services, in accordance with state and local safety
requirements. You will present appropriate records for inspection by Hungry Harvest upon reasonable request.
You warrant and represent that you have at least 2 years of experience driving a motor vehicle. You warrant
and represent that you will utilize a hands free device or Bluetooth technology when using any mobile device
while driving.
6.8 You warrant and represent that you will not be accompanied by any other persons while operating a vehicle
in performing Delivery Services, without Hungry Harvest’s prior consent.
6.9 You warrant and represent that you will know and obey all applicable safety and traffic laws in performing
Delivery Services for the jurisdiction where the Delivery Services take place.
6.10 You represent and warrant that you will notify Hungry Harvest if you have been convicted of any felony or
a misdemeanor relating to violence, weapons, sex-related crimes, theft, robbery, burglary, dishonesty, fraud,
embezzlement, or unlawful operation of a motor vehicle. You further represent and warrant that you will notify
Hungry Harvest if you have been convicted of a felony or misdemeanor relating to the use, sale, or distribution
of controlled substances within the past 5 years. You shall immediately notify Hungry Harvest by contacting
your local Hungry Harvest logistics department in the event you are charged with, or a proceeding is instituted
against you (including both criminal and civil actions) as a result of any of the following: unlawful operation of a
motor vehicle, including driving while intoxicated, reckless or careless driving, homicide by vehicle or any other
felony involving a motor vehicle; any crime involving violence, weapons, controlled substances, sexual assault,
theft, robbery, burglary, dishonesty, fraud, or embezzlement.
6.11 Hungry Harvest makes no warranties, representations or other terms as to the number or volume of
Delivery Orders allocated to you and you acknowledge that volumes may vary greatly.
7. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Hungry Harvest, its affiliates, agents,
directors, employees, suppliers, or licensors be liable for any direct, indirect, punitive, incidental, special,
consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use,
data, or other intangible losses, that result from the use of, or inability to use, the Hungry Harvest platform,
including without limitation any delivery orders facilitated by the Hungry Harvest platform. Under no
circumstances will Hungry Harvest be responsible for any damage, loss, or injury resulting from hacking,
tampering, or other unauthorized access or use of the Hungry Harvest platform, or the information contained
therein.
To the maximum extent permitted by applicable law, Hungry Harvest assumes no liability or responsibility for
any (i) errors, mistakes, or inaccuracies of the Hungry Harvest platform; (ii) personal injury, including death, or
property damage, of any nature whatsoever, resulting from your access to or use of our Hungry Harvest
platform (including delivery orders facilitated by the Hungry Harvest platform); (iii) any unauthorized access to
or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or
cessation of transmission to or from the Hungry Harvest platform; (v) any bugs, viruses, trojan horses, or the
like that may be transmitted to or through our Hungry Harvest platform or Delivery Hero suite of apps by any
third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use
of any content posted, emailed, transmitted, or otherwise made available through the Hungry Harvest platform;
and/or (vii) the defamatory, offensive, or illegal conduct of any third party. In no event shall Hungry Harvest, its
affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings,
liabilities, obligations, damages, losses, or costs (other than delivery payments rightfully due to you hereunder)
in an amount exceeding the lesser of $1,000.00 or the total amount of delivery payments by Hungry Harvest to
you in the last three months you performed delivery services for Hungry Harvest. This limitation of liability
section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other
basis, even if Hungry Harvest has been advised of the possibility of such damage. The foregoing limitation of
liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
To the fullest extent permitted by applicable law, Hungry Harvest hereby expressly disclaims any and all
responsibility for monitoring or resolving disputes that may arise between Delivery Heros and clients as a result
of the use of the Hungry Harvest platform, including disputes relating to property damage, or personal injury, up
to and including death.
Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or
consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you
specific legal rights, and you may also have other rights which vary from state to state. The disclaimers,
exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable
law.
8. Disclaimer of Warranties
The Hungry Harvest platform is provided on an “as is” and “as available” basis. Use of the Hungry Harvest
platform is at your own risk. To the maximum extent permitted by applicable law, the Hungry Harvest platform
and Delivery Hero suite of apps are provided without warranties of any kind, whether express or implied,
including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or
non-infringement. No advice or information, whether oral or written, obtained by you from Hungry Harvest or
through the Hungry Harvest platform will create any warranty not expressly stated herein. Without limiting the
foregoing, Hungry Harvest, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable
or correct; that the Hungry Harvest platform will meet your requirements; that the Hungry Harvest platform will
be available at any particular time or location, uninterrupted or secure; that any defects or errors will be
corrected; or that the Hungry Harvest platform or Delivery Hero suite of apps are free of viruses or other
harmful components. Any content downloaded or otherwise obtained through the use of the Hungry Harvest
platform or Delivery Hero suite of apps is downloaded at your own risk and you will be solely responsible for
any damage to your computer system or mobile device or loss of data that results from such download or your
use of the Hungry Harvest platform or Delivery Hero suite of apps.
Hungry Harvest does not warrant, endorse, guarantee, or assume responsibility for any delivery order you
receive through the Hungry Harvest platform or Delivery Hero suite of apps, nor does Hungry Harvest warrant,
endorse, guarantee, or assume responsibility for any property damage, including to your vehicle, personal
injury, up to and including death, that occurs as a result of performing the delivery services or your use of the
Hungry Harvest platform or Delivery Hero suite of apps.
9. Insurance
9.1 Without prejudice to your liability to Hungry Harvest under this Agreement, you shall at all times maintain all
sufficient insurance to cover you for any risks and claims relating to this Agreement, including without limitation
automobile insurance.
9.2 You agree to supply to Hungry Harvest on request from time to time a copy of the insurance policies
referred to in clause 9.1.
10. Confidentiality and Data Protection
10.1 You will keep confidential any confidential information which Hungry Harvest supplies to you in connection
with these terms and conditions (“Confidential Information”). Confidential Information will include all information
marked as being confidential and any other information which might reasonably be confidential, including Client
Data, as defined below. Confidential Information shall also include details of the Clients and Businesses, such
as purchasing history and contact details. The obligations as to confidentiality in this Agreement will not apply
to any information which: is required to be disclosed by law or by any court or tribunal with proper authority to
order its disclosure provided that: (a) the disclosing party is given prompt notice of the recipient’s requirement
to disclose such information of the disclosing party to enable the disclosing party to seek protective measures,
and (b) if the disclosing party does obtain such protection, the disclosed information will continue to be
protected as confidential by the receiving party in accordance with the terms of this Agreement.
10.2 In the course of providing Delivery Services under this Agreement, you may have access to personal and
contact data relating to Clients (“Client Data”). In respect of such Client Data:
(a) You will use the Client Data only in accordance with providing Delivery Services under this
Agreement; and
(b) each party will take appropriate technical and organizational measures against unauthorized or
unlawful use or processing of the Client Data and accidental loss or destruction of, or damage to, the Client
Data and Hungry Harvest shall be entitled to audit your compliance with this obligation on reasonable prior
notice to you.
10.3 Each party hereby expressly waives all rights to raise the adequacy of the other party's remedies at law as
a defense if the other party seeks to enforce by injunction or other equitable relief the due and proper
performance and observance of any of the terms herein, including, inter alia, the provisions of this Section 10
(Confidentiality and Data Protection). Notwithstanding the foregoing, each party shall be entitled to pursue any
other available remedies at law or equity, including the recovery of monetary damages, with respect to the
actual or threatened breach of the foregoing provisions of this Section 10 (Confidentiality and Data Protection).
11. Term and Termination and Changes to the Hungry Harvest Platform
11.1 This Agreement will commence on the date this Agreement is accepted by you and confirmation of this
acceptance is received by Hungry Harvest (“Effective Date”).
11.2 This Agreement will terminate 120 days after you cease performing Delivery Services for Hungry Harvest.
11.3 You or Hungry Harvest may terminate this Agreement: (a) at any time on 14 days’ written notice to the
other party; (b) immediately if the other party materially breaches any term of this Agreement and it is not
possible to remedy that breach, as solely determined by the other party; or (c) immediately if the other
materially breaches any term of this Agreement and it is possible to remedy that breach, but the other fails to
do so within 7 days of being asked to do so in writing by the other party.
11.4 Notwithstanding anything to the contrary, Hungry Harvest may, without prior notice, change the Hungry
Harvest Platform or Delivery Hero Suite of Apps; stop providing the Hungry Harvest Platform, Delivery Hero
Suite of Apps, or any services or features related thereto, to couriers or to users of our services generally.
Hungry Harvest may permanently or temporarily terminate or suspend your access to the Hungry Harvest
Platform or Delivery Hero Apps without notice and liability for any reason if, in our sole determination, you
violate any provision of this Agreement.
11.5 Sections 4.1, 5.2, 5.4, 6, 7, 8, 10, this clause, 12, 13, 14,15 and 16, and any other section intended to
have effect or bind either party after termination will survive termination for whatever reason.
11.6 Termination of this Agreement will not affect any accrued rights or liabilities which either you or Hungry
Harvest may have at the time termination takes effect and Hungry Harvest will pay all Delivery Payments
accrued (whether or not invoiced, due or payable) at the date of termination within 30 days.
12. Intellectual Property Rights, Branding and Marketing
12.1 “Intellectual Property Rights” as used herein means all rights of publicity or personality, copyright, patent
rights, trade or service marks, design rights, rights in or relating to databases, rights in or relating to confidential
information and any other intellectual property rights (registered or unregistered) throughout the world including
all rights of reversion and rights to any applications and pending registrations and the right to sue for and
recover damages for past infringements.
12.2 The Intellectual Property Rights in any material you supply to Hungry Harvest (e.g. photographs) will be
owned by you or your licensors. You hereby grant, or will procure the right to grant, to Hungry Harvest a
non-exclusive, perpetual, royalty-free, irrevocable, worldwide license to use, reproduce, perform, display,
distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially
exploit in any matter, the material concerned for the purpose of providing, promoting, and improving the Hungry
Harvest Platform, Delivery Hero Suite of Apps, and the services related thereto.
12.3 The Intellectual Property Rights in any material Hungry Harvest supplies to you, including the Hungry
Harvest brands, will be owned by Hungry Harvest or its licensors. For the term of this Agreement, Hungry
Harvest hereby grants, or shall procure the right to grant, to you a non-exclusive license to use any such
material concerned for the purpose of providing the Delivery Services under this Agreement. You may not use
Hungry Harvest’s Intellectual Property Rights for any other purpose without Hungry Harvest’s prior written
consent.
13. Indemnity
You agree to defend, indemnify and hold harmless Hungry Harvest and its subsidiaries, agents, licensors,
managers, and other affiliated companies, and their employees, contractors, agents, officers and directors,
from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney’s fees) arising from: (i) your use of and access to the Hungry Harvest
Platform or Delivery Hero Apps, including any data or content transmitted or received by you; (ii) your violation
of any term of this Agreement, including without limitation your breach of any of the representations and
warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or
intellectual property rights; (iv) your violation of any applicable law, rule or regulation; or (vi) any and all claims
or damages (alleged or actual) that arise as a result of a the Delivery Services that you provide as a courier.
14. Independent Contractor; Taxes
14.1 Your relationship with Hungry Harvest will be that of an independent contractor and not that of an
employee. You acknowledge and agree that you will not be eligible for any Hungry Harvest employee benefits
and, to the extent you otherwise would be eligible for any Hungry Harvest employee benefits but for the
express terms of this Agreement, you (on behalf of yourself and your employees) hereby expressly decline to
participate in such Hungry Harvest employee benefits.
14.2 You will have full and sole responsibility for applicable taxes or charges for all payments paid to you under
this Agreement, including any withholding requirements that apply to any such taxes or charges imposed by
any government entity, and for compliance with all applicable labor and employment requirements with respect
to your self-employment, sole proprietorship or other form of business organization. You agree to indemnify,
defend and hold Hungry Harvest harmless from any liability for, or assessment of, any claims or penalties or
interest with respect to such taxes, labor or employment requirements, including any liability for, or assessment
of, taxes imposed on Hungry Harvest by the relevant taxing authorities with respect to any compensation paid
to you or any liability related to the withholding of such taxes.
15. Arbitration
This agreement is governed by the laws of the state of Maryland, Virginia, Washington, D.C., Delaware,
Pennsylvania, New Jersey, Florida, Michigan, and North Carolina without reference to conflicts of laws
principles. Delivery Hero and Hungry Harvest agree that any disputes between them arising from or
related to this agreement, Delivery Hero’s delivery services, or other relationships with Hungry Harvest
shall be subject to final and binding arbitration before the American Arbitration Association (“AAA”).
Such arbitration shall be conducted before a single, neutral arbitrator, pursuant to the applicable AAA
rules but provide for discovery and remedies which would otherwise be available under applicable
state or federal law. Such arbitration shall be conducted within the court jurisdiction within which the
Delivery Hero primarily provides services to Hungry Harvest. Hungry Harvest shall pay for any
arbitration fees, except that Delivery Hero shall pay that portion of the arbitration filing fee which is
equal to or less than the amount charged by applicable state court for filing a civil complaint. Each
party shall pay their own attorneys’ fees incurred in the arbitration, except as provided by applicable
state or federal law. Delivery Hero and Hungry Harvest agree that neither will bring any collective or
class action against each other. This clause expressly precludes Delivery Hero and Hungry Harvest
from bringing a civil court action, except where immediate injunctive relief is necessary to protect
property or safety. Except as provided by applicable state or federal law, Delivery Hero and Hungry
Harvest further agree that neither will bring any representative action against each other, including
private Attorney General representative actions. If any provision of this paragraph 15 is determined to
be unenforceable, Delivery Hero and Hungry Harvest agree that paragraph 16.8 of this agreement shall
apply.
16. Other Terms
16.1 You may not assign any of your rights or obligations under this Agreement without Hungry Harvest’s prior
written consent. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of any
permitted successors and assigns.
16.2 Hungry Harvest will not be liable to you for any breach of this Agreement where the breach arises
because of circumstances which Hungry Harvest cannot reasonably be expected to control or cannot
reasonably control and this shall include any failure of the Hungry Harvest Platform or Delivery Hero App and
failure of Hungry Harvest’s telecommunications and internet links and Hungry Harvest’s other utilities.
16.3 This Agreement sets out the entire agreement between you and Hungry Harvest and supersedes any prior
or inconsistent agreements, negotiations, representations, or promises in relation to the subjects covered by it
and in particular shall take priority over (a) any existing arrangements between you and Hungry Harvest, (b)
any of your standard terms, and (c) any other terms submitted by you.
16.4 Except as otherwise provided herein, no omission, forbearance or delay on the part of either of the parties
to enforce fully any provision of this Agreement or any other right, power, privilege or remedy available to it
shall be construed as a waiver of such provision, right, power, privilege or remedy or of a right thereafter to
enforce the same or any other provision, right, power, privilege or remedy.
16.6 Nothing in this Agreement shall create a partnership or joint venture between the parties or give the rights
of a partner to either party.
16.7 Neither party has any authority (and nothing in this Agreement shall be treated as giving either party
authority) to enter into a contract for or on behalf of the other party; assume a liability on behalf of the other
party; or pledge the credit of the other party, unless such authority is expressly granted in writing by the other
party. Neither party may act as if it has such authority and must not represent (expressly or by implication) that
it has such authority.
16.8 Each provision of this Agreement shall be construed separately and notwithstanding that the whole or any
part of any such provision may prove to be illegal or unenforceable the other provisions of this Agreement and
the remainder of the provision in question shall continue in full force and effect.
BY SIGNING BELOW, YOU SIGNIFY THAT YOU HAVE CAREFULLY READ, UNDERSTOOD, AND AGREE
TO BE BOUND BY THIS AGREEMENT, AND YOU WARRANT THAT YOU ARE AT LEAST EIGHTEEN
YEARS OLD AND THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO CONTRACTS.
IF YOU DO NOT AGREE TO THIS AGREEMENT YOU CANNOT PERFORM DELIVERY SERVICES AS A
DELIVERY HERO FOR HUNGRY HARVEST.
SIGNATURE
_________________________________________________
DATE
_______________________________