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This Delivery Partner Agreement governs the terms and conditions of the business
relationship between you (including your respective employees, subcontractors, assigns and agents)
(collectively the “Delivery Partner”) and Tiendaan Delivery Services with respect to Delivery Partner’s
use of the Tiendaan App to conduct its independent business with Users. Please make sure to
carefully read through the terms of this Agreement as it is a binding legal agreement setting forth the
rights and obligations between the Company and you, the Delivery Partner.
In this Agreement, the word “Services” means the services provided by Company, in providing
the Tiendaan App and other related applications, and allowing you to connect with Users under the
Tiendaan App and related applications. The word “Deliveries” refers to mutually agreed and
approved shipments arranged between Delivery Partner and Users, under the Tiendaan App. The
word “Food or Parcel Delivery” refers to the service whereby Delivery Partner delivers the agreed
upon Shipment according to User specifications.
NOTICE: THIS AGREEMENT REQUIRES ALL DISPUTES BETWEEN DELIVERY PARTNER AND THE
COMPANY TO BE RESOLVED BY WAY OF BINDING ARBITRATION. IN PARTICULAR, THIS SECTION,
WITH LIMITED EXCEPTIONS, REQUIRES DISPUTES BETWEEN DELIVERY PARTNER AND THE COMPANY
TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS DELIVERY PARTNER OPTS OUT OF
THE ARBITRATION AGREEMENT: (1) DELIVERY PARTNER WILL ONLY BE PERMITTED TO PURSUE CLAIMS
AND SEEK RELIEF AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION OR PROCEEDING;
AND (2) DELIVERY PARTNER IS WAIVING ITS RIGHT TO SEEK RELEIF IN A COURT OF LAW AND TO HAVE
A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO
PARTICIPATE IN PENDING CLASS LITIGATION. PLEASE SEE SECTION 11 FOR MORE INFORMATION
REGARDING THIS ARBITRATION AGREEMENT.
In consideration of Delivery Partner being allowed access to the Tiendaan App and the
opportunity to connect on business opportunities with Users on the Tiendaan App, as well as mutual
promises described herein, the Company and Delivery Partner (collectively “the parties”) agree as
follows:
1. agree to comply with the standards and procedures set forth by my employer and with all other
guidelines from time to time established for my Delivery Driver position.
4. I will follow the given duty schedule and the proper time in and time out process;
5. will use due care and caution in the operation of delivery vehicle and will strictly comply with all
safe driving rules of the road, including all speed limits, posted directional signs and parking
regulations. Under no circumstances will not operate delivery vehicle while under the influence of
drugs or alcohol or when my physical or mental condition may be otherwise impaired.
6. understand that any violation of this Agreement or of any of the standards, procedures or
guidelines applicable to my Delivery Driver position may result in suspension or termination. In
particular, I acknowledge the need for utmost safety and due care in the operation of delivery
vehicle and in the conduct of delivery services.
17. Delivery Partner warrants and represents that it will use vehicles in good operating condition and
compliant with all existing federal, state and local laws or regulations. As such, Delivery Partner
commits that it shall not use any vehicle older than 20 years of age from the date of
manufacturing. Delivery Partner commits that it shall not use any vehicle that shall appear either
on the outside or in the inside to be excessively worn or otherwise in a state of
disrepair. Delivery Partner further agrees that Tiendaan shall NOT be responsible for the
condition and maintenance of its vehicle. Delivery Partner will insure, prior to accepting a
Shipment opportunity on the Tiendaan App, that it and its vehicle is in sufficient condition to
execute and complete the Delivery. Delivery Partner agrees that failure to comply with these
requirements constitutes a material breach of the Agreement.
These policies and agreements shall apply from September 1, 2021 – September 1, 2022 and shall
remain in effect until it is terminated.
Either you or Tiendaan may terminate this Agreement with or without cause upon 30 days’
advance written notice to the other party. All outstanding payment obligations and Clauses of this
section shall survive such termination.
TIENDAAN DELIVERY SERVICES, a company organised and existing under the laws of
Philippines, having its registered office at Margaay, Narvacan, Ilocos Sur; and
JOHN PAUL TADEO, Tiendaan Delivery Partner having its registered address at
Quinarayan, Narvacan, Ilocos Sur.