Our Global Coverage
USA
Lalamove Delivery Partner Terms of Use

This Lalamove Delivery Partner Terms of Use (this “Agreement,” including the Community Guidelines and Privacy Policy) governs the access or use by you (the “Delivery Partner” or “you”) of the information service platform (the “Platform”) through our mobile, website applications (together “Applications”) or websites and the delivery services contemplated by this Agreement (the “Delivery”) and constitute a legally binding agreement between Lalamove (Delaware) Technology LLC, a Delaware limited liability company with its registered office at 16192 Coastal Highway, Lewes, Delaware 19958, County of Sussex (“Lalamove”), and you. This Agreement shall become effective (the “Effective Date”) on the earliest of: (a) the date you electronically accept or acknowledge this Agreement by clicking “Accept,” checking the designated box, or otherwise indicating your assent during the creation of your Delivery Partner Account to access the Platform; or (b) the date you first perform any Delivery using the Platform, regardless of whether you have completed the account registration process. By taking either action, you acknowledge and agree to be bound by all terms and conditions set forth in this Agreement.

You must carefully read through this Agreement before accessing or using the Platform.

IMPORTANT: PLEASE BE ADVISED THAT THESE TERMS, INCLUDING THE ARBITRATION AGREEMENT (SEE SECTION 14 BELOW), CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN DELIVERY PARTNERS AND LALAMOVE CAN BE BROUGHT. PLEASE REVIEW THE ARBITRATION AGREEMENT CAREFULLY AS IT REQUIRES DELIVERY PARTNERS TO RESOLVE ALL DISPUTES WITH LALAMOVE ON AN INDIVIDUAL BASIS AND, WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

By accessing or using the Platform, you hereby expressly affirm that:

  • You have read and understand this Agreement;

  • You will comply with this Agreement;

  • You are at least the age of legal majority in your place of residence and otherwise legally competent to enter into contracts and that you are not an official of, nor employed by, a local, state, or federal government agency or government body; and

  • You have the authority to enter into this Agreement personally and, if applicable, on behalf of any organization on whose behalf you have enrolled for use of the Platform and to bind such organization to this Agreement.

IF YOU DO NOT AGREE TO ANY OF THESE TERMS OF USE, PLEASE DO NOT ACCESS OR USE THE PLATFORM OR PERFORM ANY DELIVERIES.

In this Agreement, “Applicable Law” means the laws, rules, and regulations of the jurisdiction in which Deliveries are provided by the Delivery Partner.
Lalamove reserves the right to change this Agreement, including the Community Guidelines, from time to time. However, such changes will not apply to arbitrations pending at the time the change is made. If we make changes, we will notify you by revising the date at the top of the Terms of Use and, in some cases (such as when we make material changes), we will provide you with additional notice (such as adding a statement to our homepage, sending you an email notification to the email address associated with your Delivery Partner Account, or via text message to the telephone number associated with your Delivery Partner Account). You are responsible for reviewing this Agreement periodically to stay informed about our practices and modifications to those practices. Whenever we make changes to this Agreement, they are effective when the revised Agreement is posted to our homepage or at the time we notify you otherwise. If you continue to use the Platform or provide Services after the revised Agreement has been posted or after the time you have otherwise been notified by Lalamove, then you will be deemed to have accepted the changes/modifications to this Agreement.

 

1. OUR SERVICES & INDEPENDENT CONTRACTOR RELATIONSHIP

  1. Lalamove is a technology service provider that connects its customers (including but not limited to small businesses, commercial customers and individual customers, collectively “Users”) and Delivery Partners who provide delivery services (“Delivery”) through the Platform (collectively referred to as the “Services”).

  2. You acknowledge and agree that Lalamove’s Platform only provides you and Users with neutral, independent third-party information matching services. Lalamove does not provide delivery services. Lalamove only handles the planning and coordination for Delivery. Lalamove is not responsible for the acts or omissions of any Delivery Partners, and any liability in relation to the Delivery shall be borne by Delivery Partners to the fullest extent permitted by applicable law.

  3. You affirm that your relationship with Lalamove is that of an independent third party (an independent contractor) and not an employer and employee relationship. You acknowledge and agree that the Platform is a technology service provider only and is not in the business of parcel delivery. The core business of Lalamove is limited to planning Delivery and providing a neutral technology interface that enables independent third-party Delivery Partners and Users to connect and facilitate payment in exchange for delivery services.

  4. As a Delivery Partner, you acknowledge that you provide delivery services solely on your own behalf and not on behalf of the Platform. As an independent contractor, you are not required to purchase or rent any products, equipment or services from Lalamove as a condition of entering into this Agreement. As an independent contractor, you will not be considered as having the status of an employee of Lalamove for any purpose, including federal, state, and local tax purposes, and you will not be required or entitled to participate in any employee benefit or other plans or arrangements in which employees of Lalamove and its affiliates may participate.

  5. You are solely responsible for all taxes applicable to you, including, but not limited to, income and social security taxes. Lalamove will not withhold taxes from fees paid to you, including taxes for unemployment insurance. You have no authority to bind Lalamove, and you will not make any representation identifying yourself as an employee of Lalamove or make any representations to any person or entity that you have any authority to bind Lalamove as an employee, partner, or otherwise. Accordingly, no joint venture, partnership, employment, or agency relationship exists between you and Lalamove as a result of this Agreement, use of the Platform, or performance of Delivery.

  6. You acknowledge that even if you choose to wear a uniform or use Lalamove signage, sticker or identification badge, you agree that such a decision is of your own accord and is not required by Lalamove.

  7. You acknowledge that use of any signage, sticker or identification badge does not lead to an inference of any employment relationship.

2. USE OF THE SOFTWARE

While using the software provided by Lalamove (“Software”) you agree that you will not:

  1. Rent, lease, sublicense, distribute or transfer copies of the Software or the license for the use of the Software to any third parties;

  2. Probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform;

  3. Modify, adapt, reverse engineer, decompile, disassemble, translate the Software or create derivative works based on the Software;

  4. Interrupt the normal operation of the Software, or use any methods to export or modify the source code of the Software;

  5. Upload or send out any kinds of computer viruses, worms, trojans, or malicious codes; and

  6. Install and/or execute the Software on any device other than the mobile device running the operating systems approved by Lalamove.

Other than the license to use the Software granted in this Agreement, no other license or right is granted to you and the ownership of the Software and all other rights are expressly reserved by Lalamove and its suppliers.

 

3. DELIVERY PARTNER ACCOUNT

  1. In order for you to use the Services, you must create a Delivery Partner account (“Delivery Partner Account”) with Lalamove. Once your account is successfully registered with Lalamove, you will be provided with a Delivery Partner Account, accessible with your chosen password.

  2. To register, you must provide the following information: your name, date of birth, phone number, email address, home address, payment and banking information, face photo, vehicle picture and make/ model/ year, vehicle insurance information, language preference, and driver license identification number and expiration date. Your personal information will be processed in accordance with Lalamove’s Privacy Policy.

  3. You represent and warrant that the details entered and maintained by you are accurate, complete and valid. Lalamove is not liable for false, incomplete, old or incorrect registration information provided by you. Your failure to enter or maintain accurate, complete, and valid information may result in your inability to access and use the Platform.

  4. Lalamove may obtain information about you, including your motor vehicle record and results of your background check, from third-party suppliers. You authorize Lalamove and its applicable service provider(s) to, from time to time, (i) perform a background check on you and (ii) obtain your motor vehicle record.

  5. You are solely responsible for all activity that occurs under your Delivery Partner Account. Lalamove may verify the information that you provide and may deactivate your use of the Platform in its sole discretion for any reason or no reason.

  6. You are solely responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services. Lalamove does not guarantee that the Platform, or any portion thereof, will function on any particular hardware or devices. Lalamove reserves the right to deactivate your use of the Platform should you use the Platform in an unauthorized manner, including if Lalamove has a reasonable basis to believe that the security of your Delivery Partner Account has been compromised.

4. USE OF LALAMOVE PLATFORM

While using the Platform you agree that you will:

  1. Only access the Platform using means explicitly authorized by Lalamove;

  2. Use the Platform solely for your personal use and will not resell, rent, lease, or otherwise make the Platform available (including by sharing your credentials) to any third party;

  3. Only be allowed to open a single Delivery Partner Account;

  4. Not transfer or assign your Delivery Partner Account to any other person or legal entity;

  5. Not use the Platform for unlawful purposes, including but not limited to (i) violating Applicable Law; (ii) storing or sending any unlawful material; (iii) sharing sensitive personal information of others without their consent; (iv) causing intentional harm, nuisance, inconvenience or annoyance; (v) impairing or harming the proper operation of the Services; (vi) impersonating another person; or (vii) copying or distributing the Services without the permission of Lalamove;

  6. Keep your password or any identification credentials secure and confidential;

  7. Provide proof of identity or other documentation requested by Lalamove. Failure to do so may result in suspension or deactivation from the Platform;

  8. Comply with all Applicable Law while using the Services or providing Delivery;

Further, while using the Platform, you will not:

  1. Use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. Lalamove reserves the right to bar any such activity;

  2. Attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Platform;

  3. Collect or harvest any personally identifiable information, including account names, from the Platform; and

  4. Engage in threatening, harassing, discriminatory (based on race, gender, age, disability, or any other protected classification), or any other behavior that Lalamove deems inappropriate when using the Services or providing Delivery.

5. DELIVERY PARTNER WARRANTIES AND REPRESENTATIONS

You, as the Delivery Partner, represent and warrant as follows:

  1. This Agreement constitutes a written contract for services as required under Applicable Law, including but not limited to the New York Freelance Isn’t Free Act where applicable.

  2. After obtaining information about Users and shipments, you will verify such information. You will make the decision whether to accept and provide the Delivery at your own discretion.

  3. You understand and agree that you are responsible for complying with all Delivery schedules established between you and the User. You will make all reasonable efforts to comply with Delivery schedules.

  4. You agree that you will use your best efforts to: (i) arrive on time and be ready to perform Deliveries for any confirmed Deliveries; and (ii) cancel confirmed Deliveries at least 45 minutes before the start of such Deliveries if you are unable to fulfill the Deliveries.

  5. You will be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the Delivery provided by you.

  6. You will not damage, open, or unwrap goods included in Deliveries. You will be responsible for all damage or loss of goods included in Deliveries upon pick-up. You are responsible for safe passage of any goods included in Deliveries, including whether such goods would exceed the vehicle weight or volume capacity and/or otherwise pose a safety risk. You will take all reasonable precautions to prevent unauthorized persons from having access to the shipment and shall also take all reasonable precautions against loss of or damage to the shipment.

  7. While providing Delivery, you must hold a valid driver’s license and all other required licenses and authorizations for the jurisdiction in which you are registered and providing Delivery. To meet legal obligations, you must, upon request, provide copies of these licenses and permits in the format specified by Lalamove.

  8. As part of managing your own business, you are responsible for providing all of the equipment necessary to perform the Delivery. You are solely responsible for maintaining all such equipment and ensuring such equipment complies with all applicable legal, safety and quality standards. Except as otherwise required by Applicable Law, you assume all risk of damage or loss to its equipment.

  9. If required by Applicable Law, you agree that while actively performing Delivery, your vehicle is under an exclusive lease as defined under Federal Motor Carrier Safety Administration (“FMCSA”) section 49 C.F.R. Part 376, which requires exclusive possession, control and use by Lalamove of both the Delivery and your vehicle during that time. Your obligations under the lease will terminate each time you are done with a Delivery and will restart each time a new Delivery begins. “Actively performing Delivery” means that you are actively delivering for Users, waiting to receive more Deliveries, or on your way back to the relevant Users with undeliverable or damaged goods. For clarity, exclusive possession, control and use of your vehicle by Lalamove does not mean that you cede physical control or ownership of your vehicle.

  10. You shall not use a vehicle other than the vehicle registered on the Platform to provide Delivery to Users. You represent and warrant that this vehicle meets all applicable vehicle standards as updated from time to time, including possessing the relevant roadworthiness certification in your jurisdiction. You shall only use vehicles in good operating condition and comply with all Applicable Laws. You shall keep records of all vehicle registrations and inspections and shall provide the latest version of such records upon request.

  11. You shall not accept any requests where the nature of delivery is solely the movement of passengers.

  12. You will provide complete and accurate responses to all background screening questions, including any prior convictions, and you will notify Lalamove immediately if you need to change or update any answers to those questions, including any new convictions.

  13. During the course of performing Deliveries, you shall follow and comply with Lalamove’s Community Guidelines located at [https://www.lalamove.us/en-us/terms-and-conditions.]

  14. You are solely responsible for familiarizing yourself with the Community Guidelines as amended from time to time. Unless otherwise set out in the Community Guidelines and this Agreement, any violation of the Community Guidelines will constitute a breach of this Agreement, giving Lalamove the right to temporarily lock or deactivate your Delivery Partner Account.

  15. You acknowledge that during the course of performing Deliveries, you may gain knowledge of third parties’ and/or User’s confidential, proprietary, trade secret, protected health, and/or personally identifiable information (“Confidential Information”). This information includes, but is not limited to, information about a User, a User’s business and the contents of shipments, a User’s address, a User’s contact information, delivery addresses, payment information, payment methods, credit card information, financial accounts, demographic information, business addresses, information regarding User’s partners, associates, customers, and similar information regarding the Delivery recipient. You agree that you will maintain the confidentiality of all such Confidential Information and not disclose it to any other person, except as required to carry out Deliveries or as required by law. Unauthorized disclosure of such Confidential Information will constitute a material breach of this Terms of Use, giving Lalamove the right to temporarily lock or permanently deactivate your Delivery Partner Account.

  16. If you fail to comply with any of the above warranties and representations, Lalamove may exercise its right to temporarily disable or permanently deactivate your Delivery Partner Account. You shall bear all damages or losses arising from the deactivation or disabling of their Delivery Partner Account to the fullest extent permitted under Applicable Law. You shall also compensate Lalamove for all losses suffered by Lalamove, its affiliates, its partners, or any other third party due to your intentional or negligent failure to comply with the stated warranties and representations to the fullest extent permitted by Applicable Law.

  17. Nothing in this Agreement shall restrict you from engaging in any other occupation, profession, or business. You are free to provide similar or identical services to other platforms, companies, or customers, and nothing herein shall be construed to create exclusivity.

6. INSURANCE OBLIGATIONS

  1. Insurance Requirements: You must, at all times and at your own expense, comply with all applicable legal motor vehicle insurance obligations in your jurisdiction. Required insurance policies may include, but are not limited to:
    i. Commercial automobile liability insurance (minimum coverage as required by law, or $1,000,000 per occurrence, whichever is greater);
    ii. General liability insurance (minimum coverage as required by law, or $1,000,000 per occurrence, whichever is greater);
    iii. Occupational accident insurance or workers’ compensation insurance, if required by law; and
    iv. Any other insurance policies required to provide Delivery services.

  2. Proof of Insurance: You must provide copies of all relevant insurance policies, certificates, and/or equivalent proof of insurance upon request by Lalamove. If, at any time, you cease to hold any legally required insurance policy, you must immediately notify Lalamove and cease providing Delivery services.

  3. Lalamove Insurance Coverage: Where permitted by state and federal regulations, Lalamove maintains a commercial automobile insurance policy (“Lalamove Insurance Coverage”) pursuant to FMCSA regulations. Lalamove Insurance Coverage is intended to provide third-party bodily injury and property damage coverage, uninsured/underinsured motorist coverage, and comprehensive/collision coverage, contingent on your personal insurance policy coverage, while actively performing Delivery, in each case subject to Lalamove Insurance Coverage deductibles and coverage limitations. If you maintain commercial automobile insurance applicable to your operation of any vehicle used for Delivery, your provider will provide primary coverage at all times, including during Delivery. Lalamove Insurance Coverage will be excess coverage only in those geographies where allowed. The above description is a summary only; actual terms of Lalamove Insurance Coverage will govern in case of conflict.  you must notify Lalamove immediately of any accident or on-road incident occurring while providing Delivery and cooperate fully with Lalamove and the applicable insurance company in any investigation. Lalamove Insurance Coverage will in no way affect your indemnity obligations to Lalamove as provided for in the Agreement. Lalamove Insurance Coverage limits are available upon request.

  4. Helpers and Assistants: Lalamove Insurance Coverage applies only to you and does not extend to any helpers or assistants you engage. You are solely responsible for any claims or damages arising from the acts or omissions of your helpers.

7. PAYMENT

  1. You acknowledge that Users—not Lalamove—are responsible for paying all charges and fees associated with Deliveries. Once you and the User have verified that a Delivery is completed, the User’s payment account will be charged, and the payment will be delivered to you through the Lalamove Application (inclusive of any priority fee to the extent any exist). Payment will be made no later than thirty (30) days after completion of a Delivery, unless otherwise expressly stated on the Platform. Any provision of this Section purporting to waive or limit rights granted to Delivery Partners under Applicable Law, including but not limited to the New York Freelance Isn’t Free Act, shall be void and of no effect. Delivery Partner will be paid via Adyen (Lalamove’s payment processor) and issued an IRS Form 1099, and no taxes will be taken from any payment to a Delivery Partner for performance of Delivery service.

  2. Lalamove may suspend any transaction it reasonably suspects to be fraudulent, illegal, criminal, or in breach of this Agreement by you or a User. In such cases, Lalamove is not liable for any delay, withholding, suspension, forfeiture, or cancellation of payments to you.

  3. Lalamove shall administer payments to you through the third-party payment processing platform, Adyen. Although payments to Delivery Partners is for performance of Delivery, Lalamove reserves the right to make legally obligated deductions from any amounts payable to you under this Agreement based on our Community Guidelines, any other agreements between us, and as authorized by you or as indicated to you via our Platform.

  4. As a Delivery Partner, depending on the services requested by our Users, you may be eligible to receive a combination of the fees below:

i. Fares:

1. Base fares - This consists of the distance fare incurred during Delivery.
2. Order subsidies - This consists of the subsidies paid by Lalamove and is included as part of the basic fare, subsidies not limited to peak demand subsidies.

ii. Fees and other charges:

1. Priority Fee - This relates to additional fees a User has committed to pay prior to the Delivery with an objective to encourage speedy fulfilment.
2. Waiting Fee - This relates to the additional fees imposed to a particular order where Delivery Partners are requested by User to wait for goods receival or goods deliveries.
3. High demand surcharge - This relates to the additional fees imposed to a particular order to encourage Delivery under peak hours. Lalamove retains the discretion to define peak hours based on operational needs.
4. Toll fees - This refers to the tunnel and toll charges you have incurred during Delivery. 
5. Order charges - This relates to other fees and surcharges in relation to the value-added services requested by the User. This category includes items, but not limited to, moving fees, purchase service surcharges etc.

iii. Lalamove initiatives:

1. Sticker retainers - This relates to the separate Lalamove initiative/incentive that is governed by the Lalamove Voluntary Sticker Incentive Agreement.
2. Driver-refer-Driver campaign - This is a campaign where you will receive monetary rewards after successful referrals of first-time users into the Lalamove Platform.

 

8. NOTICE; ELECTRONIC/MOBILE COMMUNICATION

  1. By creating a Delivery Partner Account, you electronically agree to accept and receive communications from Lalamove including via email, text message, calls, and push notifications to the mobile device or cellphone number you provide to Lalamove. Message & data rates apply.

  2. You understand and agree that you may receive communications generated by automatic telephone dialing systems or which will deliver prerecorded messages sent by or on behalf of Lalamove, its affiliated companies, or third-party contractors, including but not limited to communications concerning orders accepted through your registration with respect to the Services. You may opt out by changing your notification preferences in the Lalamove Application.

  3. To stop receiving push notifications, you may adjust the settings on your phone or delete the Lalamove Application (see our Documentation). Please note that your access to the Platform may be impacted if you adjust the settings or delete the Lalamove Application. To stop receiving text messages from Lalamove, reply STOP to any message. You consent to Lalamove communicating with you concerning the Platform and Deliveries via any and all means, and you are responsible for printing, storing, and maintaining your own records of any such agreements, notices, disclosures or other communications.

  4. It is your responsibility to keep your email address and phone number current by updating the information you provided to Lalamove.

  5. Terminating this Agreement will stop all electronic communication. If you want to terminate this Agreement, you can provide a notice of termination to Lalamove by sending a message to the following email address: info@lalamove.us.

  6. If you want to provide notice under this Agreement for any reason other than the notice of termination, you can provide such notice by sending a message to the following email address: info@lalamove.us.

  7. Lalamove is committed to complying with the Telephone Consumer Protection Act (TCPA) and ensuring that your rights are respected regarding telemarketing communications. The TCPA restricts certain unsolicited marketing communications via phone calls, text messages, and fax transmissions. By providing your phone number and creating a Delivery Partner Account, you consent to receive calls and text messages from Lalamove, including marketing calls. Calls and text messages may be autodialed, and data rates may apply. The frequency of text messages varies. Message & data rates apply. You may text STOP to cancel any time.

  8. By creating a Delivery Partner Account, you electronically agree to accept and receive communications from Lalamove including via email, text message, calls, and push notifications to the mobile device or cell phone number you provide to Lalamove. Message & data rates apply. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Lalamove, its affiliated companies and/or third-party contractors, including but not limited to communications concerning orders accepted through your registration with respect to the Services. You may change your notification preferences within your smartphone’s operating system settings, but please be aware that this may result in missed notifications and negative impacts on your use of the Services. You may also change your email, phone, and SMS notification settings by going to your Account’s Setting page and adjusting the provided controls.

9. OTHER THIRD-PARTY INTERACTIONS 

While using or accessing the Platform, you may enter into correspondence with, purchase goods or services from, or participate in promotions of third-party service providers, advertisers, or sponsors showing their goods or services through the Platform. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. Lalamove 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. Lalamove has no responsibility or liability arising from any agreements between you and such third-party providers.

 

10. INTELLECTUAL PROPERTY RIGHTS

  1. Lalamove alone (and its licensors, where applicable) shall own all rights, title and interest, including all related intellectual property rights, in and to the Platform and the Services. This Agreement does not constitute a sale and does not convey to you any rights of ownership in or related to the Platform and the Services, or any intellectual property rights owned by Lalamove. Company names, logos, and the product names associated with the Platform and the Services are trademarks or intellectual property of Lalamove or third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform and the Services.

  2. By providing content, information (including personal information), or materials (“Delivery Partner Content”) to Lalamove, you grant Lalamove a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the rights to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Delivery Partner Content in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

  3. You acknowledge that Lalamove, via the Platform, acts only as a passive channel for the distribution of the Delivery Partner Content and is not responsible or liable to you, or to any third party, for the content or accuracy of the Delivery Partner Content. Lalamove does not continuously monitor Delivery Partner Content published by you, nor is Lalamove required to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the Delivery Partner Content do not necessarily represent those of Lalamove.

  4. Any use by you of the Delivery Partner Content is entirely at your own risk. You represent and warrant that any Delivery Partner Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third-party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.

  5. You agree to indemnify and hold harmless Lalamove, its affiliates, and licensors against all costs, expenses, damages, losses and liabilities incurred or suffered by Lalamove or its affiliated companies related to any Delivery Partner Content posted or transmitted by you or your other use of the website, the Service or the Platform.

  6. Lalamove reserves the right at its sole discretion to block or remove (in whole or in part) any Delivery Partner Content posted or transmitted by you and which Lalamove believes is not in accordance with this Agreement (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to us.

  7. Lalamove respects your rights to your ideas, please do not submit any confidential ideas, information, or suggestions in any form to Lalamove or any of its affiliates. However, any ideas, information, or suggestions you submit, regardless of what your communication regarding your submissions says, will automatically become the property of Lalamove, without any compensation to you. Lalamove has no obligation to review your submissions, but Lalamove may implement and distribute any portion of your submissions and their contents for any purpose in any way, without any compensation to you. Lalamove has no obligation to keep your submissions confidential.

  8. You may use information on the Platform purposely made available by Lalamove for downloading from the Platform, provided that you:
    i. do not remove any proprietary notice language in all copies of such documents and make no modifications to the information;
    ii. use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; and
    iii. do not make any additional representations or warranties relating to such information.

11. INDEMNIFICATION

  1. You agree to perform Delivery in compliance with all Applicable Law. You acknowledge that you are responsible for all goods included in any Deliveries while transporting shipments. Delivery Partner agrees Lalamove has no control or responsibility over shipments or Delivery and only has control or responsibility for the functioning of the Platform. Delivery Partner agrees that Lalamove will not be responsible or liable for any actions, wrongdoing, losses or damages suffered by the Delivery Partner, except if such action is willful breach of this Terms of Use or gross negligence.

  2. You agree to defend, indemnify and hold harmless Lalamove, as well as its past and present successors, assigns, affiliates, officers, owners, employees, and agents (“Lalamove Indemnitee”) from any and all losses, actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, claims for payment, deficiencies, fines, judgments, settlements, liabilities, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or incurred in connection with claims asserted by a third party against a Lalamove Indemnitee arising directly or indirectly from, as a result of, or in connection with your (i) breach of this Agreement; (ii) negligence or misconduct with respect to your use of the Platform and/or your performance of Deliveries; (iii) violation or alleged violation of any law or the rights of any third party, including, without limitation, other Delivery Partners, Users, drivers, employees, subcontractors, assigns, and pedestrians; (iv) disclosure of “Confidential Information”; (v) ownership, use or operation of any vehicle used in the Delivery; (vi) failure to have proper insurance, licenses, permits or authorizations; (vii) any action or inaction by you and all damages or losses as a result of your performance of Deliveries with third parties and/or Users, including, but not limited to, damages to goods or personal property; and (viii) failure or alleged failure to pay all required taxes, withholding, insurance contributions or premiums. Under your duty to defend, Lalamove shall be entitled to use its own counsel. Your duty to defend is independent of your duty to indemnify. You will not consent to the entry of judgment or enter into any settlement relating to any claim (third-party or otherwise) without the Lalamove Indemnitees’ prior written consent.

  3. In the event that your classification as an independent contractor is challenged, the parties agree that they will cooperate in good faith to defend such classification. To the fullest extent permitted by law, you agree to indemnify Lalamove against liabilities arising directly from your own acts or omissions. Nothing in this Section shall be construed to require you to waive any non-waivable statutory rights, including rights under the New York Freelance Isn’t Free Act or other Applicable Law. You further agree and acknowledge that you will not and cannot hold any Lalamove Indemnitee liable for any issues beyond their direct control, including any acts of God, loss of power, disruption of power, shutdown or technical difficulties with the Platform, system maintenance, failure of cellular reception, failure of other service providers, cancellation of services by other third parties, pandemic, epidemics, outbreaks, the COVID-19 pandemic, strikes, labor disputes, civil disturbances, hostilities, war, natural disasters, flood, fire, sabotage, accident, loss or destruction of property, intervention by governmental entities, change in laws, regulation, or orders, or other events, circumstances, or causes beyond Lalamove’s direct control.

12. DISCLAIMERS

  1. The Services are provided “as is” and “as available.” Lalamove makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, availability of the Services or any Services requested through the use of the Services, or that the Services will be uninterrupted or error-free.

  2. Lalamove does not guarantee the quality, suitability, safety or ability of third-party providers. You agree that the entire risk arising out of your use of the Services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under Applicable Law.

  3. Lalamove does not control, manage or direct any third-party providers. Third party providers are not actual agents, apparent agents, ostensible agents, or employees of Lalamove.

  4. Lalamove does not control, endorse or take responsibility for any Delivery Partner Content or third-party content available on or linked to by the Services. Lalamove cannot and does not represent or warrant that the services or servers are free of viruses or other harmful components.

13. DELIVERY PARTNER ACCOUNT DEACTIVATION

  1. This Agreement is effective as of the Effective Date and will continue to be in effect until you or Lalamove terminates this Agreement.

  2. You may terminate this Agreement or stop using the Platform at any time and for any reason by giving Lalamove a notice of deactivation in accordance with Section 8 of this Agreement. You will not be eligible to access Deliveries on the Platform for 12 months following the date of the deactivation notice.

  3. Lalamove may stop providing access to the Platform for the following reasons by giving you a notice of deactivation in accordance with Section 8 of this Agreement: (i) for material breach of this Agreement; (ii) for failing a background check any time before or after the Effective Date; (iii) material violation of the Community Guidelines and Privacy Policy; (iv) if your Delivery Partner Account is deactivated; or (v) for other commercially reasonable cause.

  4. If you have been inactive for more than 180 days, Lalamove may deactivate your Delivery Partner Account. If your Delivery partner Account is deactivated for inactivity, you may re-enroll for use of the Platform.

  5. If you opt out of receiving electronic communication, your Delivery partner Account will be deactivated. Subject to other provisions of this Agreement, you will be able to re-activate your Delivery Partner Account by notifying Lalamove that you agree to receive electronic communication from Lalamove.

  6. If either you or Lalamove terminate this Agreement, you must uninstall the Lalamove Application from your device.

  7. To delete your Delivery Partner Account, tap “Delete Account” in “Profile -> Settings -> Personal Information” in the Lalamove Application. Then follow the steps below:
    i. Confirm you have understood and agree to our handling of remaining payments due to you for performance of Deliveries (if any).
    ii. Confirm your identity.
    iii. Select a reason for your account deletion request as shown within the Lalamove Application.
    iv. Click “Delete Account” after reading the full text as shown in the Lalamove Application. By clicking the “Delete Account” button, you agree to our handling of account deletion and its respective timeliness.
    v. Click “Confirm”.

14. AGREEMENT TO MUTUAL ARBITRATION

  1. You and Lalamove agree that, except as provided below, any dispute, controversy, or claim arising, or that has arisen, out of or relating in any way to this Agreement, any breach or termination of this Agreement, your relationship with Lalamove, and/or any Delivery or other contracted services you provide to Users, including any statutory, common law, or other types of claim (a “Claim”) will be determined by binding arbitration or in small claims court.

  2. This agreement to arbitrate (the “Arbitration Agreement”) does not cover any claims that cannot be compelled to arbitration as a matter of Applicable Law, including claims for sexual harassment or sexual assault and certain administrative claims with local, state, or federal government agencies. In addition, nothing in this Arbitration Agreement shall be deemed to excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration.

  3. Notwithstanding the above, to the extent a party wishes to pursue a Claim after the administrative proceedings have concluded (or wishes to appeal an administrative decision), and those further proceedings would ordinarily be heard in a court, the party must resolve those further proceedings through arbitration or in small claims court, and not in state or federal court.

  4. The parties understand and fully agree that by entering into this Arbitration Agreement they are giving up their right to have a trial by jury and are giving up their normal rights of appeal following the rendering of a decision except as Applicable Law provides for judicial review of arbitration proceedings. The parties anticipate that by entering into this Arbitration Agreement, they will gain the benefits of a speedy and less expensive dispute resolution procedure. The parties agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

  5. This arbitration provision shall survive termination of this Agreement and/or the termination of your relationship with Lalamove.

  6. Class, Collective, and Representative Action Waiver. The parties agree that each may bring Claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding, except as otherwise provided under Applicable Law.
    i. The parties waive the right to assert or participate in any class, representative, or collective claims against each other in court, arbitration, or any other proceeding, as well as the right to receive money or any other relief from any class or collective claims against each other in any forum.
    ii. Each party shall only submit their own individual claims against the other and will not seek to represent the interests of any other person. The Arbitrator shall have no jurisdiction or authority to adjudicate any class, representative, or collective claim, or to consolidate different arbitration proceedings with or join any other party to an arbitration between the parties.
    iii. If any portion of this Section is found to be unenforceable or unlawful in any respect or for any reason, or with respect to any particular Claim, then the relevant portion of this Section shall be severed from this Arbitration Agreement. Any such severance shall have no impact whatsoever on the remainder of this Section, and this Arbitration Agreement will still be fully enforceable as to any and all Claims, which must be resolved in arbitration, unless a party elects the small claims option under Section.
    iv. To the extent that any Claim is deemed to be non-arbitrable, or a court finds that a Claim must proceed on a class, collective, consolidated, or representative basis, that Claim must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of all such Claims shall be stayed, and any applicable statutes of limitations tolled, pending the outcome of any individual Claims in arbitration.

  7. Notice of Claim. Before electing to seek arbitration or filing in small claims court, a party must give the other party written notice of any Claim within the applicable statute of limitations for the type of Claim(s) asserted (the “Notice of Claim”). 
    i. Any Notice of Claim provided to Lalamove by you must be sent to Lalamove, 195 Montague Street, Brooklyn, NY 11201, United States. Any Notice of Claim provided to you by Lalamove will be sent to your current residential address on file with Lalamove. The Notice of Claim must identify and describe the nature of all Claims asserted and the facts upon which such Claims are based. 
    ii. The parties agree that, after a Notice of Claim is sent but before either you or Lalamove initiate arbitration or file a claim in small claims court against the other, we will personally meet via telephone or videoconference in a good-faith effort to confer with each other and try to resolve informally any Claim covered by this Arbitration Agreement. You agree to participate in the conference personally, and Lalamove agrees to have a company representative to participate in the conference.
    iii. If either party is represented by counsel with respect to any Notice of Claim, that counsel may participate in the conference as well. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph. If the parties do not reach an agreement to resolve the Claim within sixty (60) days after the Notice of Claim is received, you or Lalamove may commence an arbitration proceeding by filing a Demand for Arbitration or, alternatively, by filing a Claim in small claims court. 
    iv. You agree that you may not commence any arbitration or file a Claim in small claims court unless you have complied with this provision and made a good faith effort to resolve your Claim directly with Lalamove during that time.

  8. Arbitration Procedures. The arbitration will be conducted by New Era ADR before a single arbitrator under the New Era ADR’s rules, which are available at https://www.neweraadr.com/new-era-adr-expedited-virtual-arbitration-rules-procedures, except as modified by this Agreement or otherwise agreed between you and Lalamove. For sake of clarity, New Era ADR’s standard rules will be the default unless otherwise agreed between you and Lalamove. Arbitration shall be held in the county in which you have entered into this contract before a single arbitrator. The Arbitrator will be selected via New Era ADR’s standard procedure.
    i. The Arbitrator shall have exclusive authority to resolve any dispute relating to the validity, enforceability, waiver, unconscionability, or scope of this Arbitration Agreement and the arbitrability of any dispute between the parties with the exception of Section 2 of this Arbitration Agreement (Class, Collective, and Representative Action Waiver), which is to be determined by a court of competent jurisdiction and not by the Arbitrator.
    ii. Discovery shall be conducted in accordance with New Era ADR’s standard procedures and rules; however, the Arbitrator shall permit discovery sufficient to permit a full and fair exploration of the issues consistent with the streamlined nature of arbitration and shall provide the parties with a reasoned written decision explaining his or her factual and legal findings and conclusions.
    iii. Any arbitral award determination shall be final and binding upon the parties and subject to judicial review pursuant to the law applicable to judicial review of arbitration proceedings. The award shall be binding only among the parties and shall have no preclusive effect on any other arbitration or other proceeding involving a different party.
    iv. Lalamove will pay all costs unique to arbitration, including the Arbitrator’s fees and any portion of your New Era ADR filing fee that exceeds the filing fee for a civil action in court. Lalamove will not seek to recover its attorneys’ fees and costs in arbitration from you unless the Arbitrator finds that either the substance of your Claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
    v. Judgment on the Arbitrator’s award may be entered in any court of competent jurisdiction.

  9. Small Claims Option. Either you or Lalamove can seek to have a Claim resolved in small claims court if all the requirements of the small claims court are satisfied. Either you or Lalamove may seek to have a Claim resolved in small claims court in the county in which you have entered into this contract, and you may also bring a Claim in small claims court of competent jurisdiction.
    i. If a Claim qualifies for small claims court, but a party commences an arbitration proceeding, you and Lalamove agree that either party may elect instead to have the Claim resolved in small claims court, and upon written notice of a party’s election, the New Era ADR will administratively close the arbitration proceeding. Any dispute about whether a Claim qualifies for small claims court shall be resolved by that court, not by an arbitrator.

  10. Relief Available in Arbitration. Unless you or Lalamove seek to have a Claim resolved in small claims court, the Arbitrator shall determine all issues of liability on the merits of any Claim asserted by you or Lalamove and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim.
    i. To the extent that either party prevails on a Claim and seeks public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual Claim in arbitration. Before a court of competent jurisdiction issues any public injunctive relief, it shall review the factual and legal findings of the arbitration award on which any injunction would issue with no deference to the Arbitrator.

  11. Arbitration Fees. Payment of all filing, administration, and arbitrator fees will be governed by the New Era ADR Rules. You are required to pay the New Era ADR initial filing fee, but Lalamove will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee that you would have to pay to file a complaint in federal or state court in the county in which you have contracted to provide contracted services under this Arbitration Agreement or in any competent jurisdiction, whichever amount is greater. If the Arbitrator finds that either your Claim or the relief sought in your Demand for Arbitration was frivolous, was brought for an improper purpose, or otherwise violates the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all fees will be governed by the New Era ADR Rules and Lalamove will not reimburse your initial filing fee. The parties agree that the New Era ADR has discretion to modify the amount or timing of any administrative or arbitration fees due under the New Era ADR Rules where it deems appropriate, provided that such modification does not increase the New Era ADR fees to you or Lalamove and you and Lalamove waive any objection to such fee modification.

15. SEVERABILITY

Any provision of this Terms of Use which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction and the application to such facts and circumstances, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or the application thereof to other facts and circumstances, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

 

16. NO WAIVER

The failure of Lalamove or you in any instance to insist upon a strict performance of the terms of this Terms of Use or to exercise any option herein, shall not be construed as a waiver or relinquishment of such term or option and such term or option shall continue in full force and effect.

 

17. GOVERNING LAW

Except as otherwise set forth in these Terms of Use, these Terms of Use shall be exclusively governed by and construed in accordance with the Applicable Law.

 

18. SUCCESSORS

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Lalamove without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. These Terms of Use bind and inure to the benefit of each party and the party’s successors and permitted assigns.

 

19. CAPTIONS

Captions appearing in these Terms of Use are for convenience only and do not in any way limit, amplify, modify or otherwise affect the terms and provisions of these Terms of Use.

Want to get in touch?

Contact Us