Conditions of Use for Delivery Partner
Grintip Delivery is a service belonging to Grintip GmbH that independent individuals may benefit from by shopping for groceries in supermarkets and delivering them to customers that have placed their orders through Grintip. People willing to become deliverers, as well as users / customers of Grintip, can access these services through www.grintip.ch.
Article 1 – Definitions
The following terms shall be acknowledged and understood by the Delivery Partner. These terms are not related in any way to the terms found in the Conditions of Use for customers:
- A Delivery Partner or Delivery User: is an independent self-employed individual that shops groceries and delivers them to an address requested by Grintip’s users.
- Website or Site: refers to the website designed, developed, operated and owned by Grintip GmbH and is available at the URL address https://www.grintip.ch. People interested in becoming a Delivery Partner can register through the website.
- Service: is the process to accept to process an order, shop for groceries in one or more supermarket in accordance to the order’s shopping list and deliver them to a specified delivery address requested by Grintip’s customers.
- Grintip's delivery application or delivery app: is the mobile internet application for delivery partners, designed, developed, operated and owned by Grintip GmbH, for iOS and Android operating systems. It will be available in iTunes and Google Play.
- Grintip Delivery: is a set of tools designed, developed, operated and owned by Grintip GmbH, that are used by delivery partners in order to shop for groceries on behalf of customers and deliver the products to their respective delivery addresses.
- Customer or Grintip’s user: any person using Grintip’s services such as browsing available products from different retailers, comparing prices, browsing and selecting advertisements from retailers, ordering online groceries and receiving their orders through Grintip’s delivery service.
- Phone: is a mobile smart phone device compatible with the technology of that used to develop the app and is utilized or/and owned by the user in order to use Grintip’s Services.
- Conditions: set of terms, rules and statements included in this page that the Delivery User should comply with at all times from the moment the Delivery User downloads and installs the App. This includes all legal statements found in the “Legal Conditions” page.
The following terms are intended to define conditions for every Delivery Partner that is allowed to access and use Grintip's Delivery Service available via the Website or App.
2.1 Opening a user account
Prior to opening any account, any individual who intends to become a Delivery Partner shall ensure that he or she has:
- Constant internet connection (via service provider or public wireless)
- A Phone compatible with the Delivery App
- Read the Conditions of Use beforehand
The individual may, without opening a Grintip account, still surf within the Website and throughout the application page to seek required information. The application page has a button “How it Works” where it tries to clarify as a summary what the Delivery Service really is.
The individual who wishes to become a Delivery Partner is invited to read these conditions and open an account, either on the Website or with the App. The user consents that he or she has read the conditions set forth in this page before the installation of the App on to a Phone.
The app is only available on iTunes and Google Play and the user shall only obtain it from these two providers. Grintip takes no responsibility if the user has installed third parties' virulent contents from elements with similarities to the Grintip’s brand, logo or name. Grintip engages to offer a safe app, including its upgrades. The app can be installed directly on phones by the Grintip’s admin team.
2.2 Registration Procedure
Any interested individual wishing to become a Grintip Delivery Partner shall hold either a:
- Swiss Citizenship
- Valid Work Permit for Switzerland
- Valid Student Permit for Switzerland
People not respecting one of the requirements above will not be considered to become a Delivery Partner.
Grintip Delivery Partners shop for groceries on behalf of Grintip’s customers and deliver them to the address requested upon. The delivery can be made by walking but also by any other means of transport such as motorized vehicles. In order for Delivery Partners to become insured by our accident and civil liability insurance, interested individuals will also hold the following documents:
- Valid driver’s license
- License plate certificate
- Vehicle registration
Grintip reserves the right to request from Delivery Partners at all times to share scanned copies of any document, including requesting them to visit the headquarters or meeting up in other place to check the validity of the documents.
Further, the person wishing to subscribe as a Grintip Delivery Partner is invited to fill in a form to create an account with Grintip by entering the following information:
- Last Name
- First Name
- Valid Email address (which constitutes the user’s ID name/login name)
- Password to access his or her account
- Valid Swiss Mobile number
- Home address
- Delivery method (walking, cycling or riding a motorized vehicle)
- ZIP Code(s) where the applicant wishes to cover with his/her Delivery Service
- Date of Birth
- Professional Status (student, unemployed, other)
- Bank account details (to receive commissions and other payments)
- Credit Card details
2.3 Self-Employed status
Grintip doesn’t employ directly delivery partners. Instead, it seeks self-employed individuals willing to carry out Grintip Delivery services on its behalf against a commission based reward. The Delivery Partner should not fear to become self-employed because the revenues generated won’t lead surely to any social charge responsibility, which basically turns it to be costless.
Individuals wishing to become Delivery Partners will have the right to experience and service Grintip on a 3 consecutive trials (or successful deliveries), from which they shall be required to become self employed, in accordance to the Swiss laws, in order to carry out further services on behalf of Grintip. These 3 successful deliveries will be rewarded with the normal commission basis stated in the “Shopping Guidelines for Delivery Partners” document that you will receive after your successful application and that you can consult in your Account space in Grintip’s website.
Failing to disclose a proof of self-employment status under the Swiss Labour laws to Grintip GmbH may lead to the suspension of his/her account. In case Grintip doesn’t realise that a Delivery Partner failed to give such proof of self employment status, the user/Delivery Partner is solely responsible for any legal claim that may arise for this situation. Grintip, Grintip GmbH, is not responsible for any legal, employment or tax action against the Delivery Partner. The latter should accept, acknowledge and understand these conditions of use prior to carry out delivery services on behalf of Grintip, including the self-employment conditions.
As a self-employed individual in Switzerland, you are obliged to submit to Grintip GmbH, by email, in a signed PDF format, on a monthly basis invoices of all your earnings coming from Grintip.
Grintip GmbH however offers support to any delivery partner willing to become self-employed by covering a percentage (or in full) the incorporation expenses. The Delivery Partner will have to sign an agreement with Grintip GmbH where it lists the minimum number of successful deliveries that a Delivery Partner shall carry out before releasing him or her from this responsibility after having received this specific support. For more information about our support on becoming self-employed, the Delivery Partners should send an email to [email protected]
The Delivery Partner is responsible for any action of any person using his or her account, and is responsible to preserve the confidentiality of his or her ID and login details. Grintip doesn’t take any responsibility for ID theft of any kind. The user shall promptly notify Grintip by email using the address [email protected] in the event of any fraudulent activity in the account.
If the Delivery Partner has forgotten the password, he or she will be able to create a new one by simply clicking on the “Forgot my password” link under Sing Up in the application page.
The Delivery Partner shall accept the current Conditions of Use before finalizing the official creation of the account. The user will then be expected to follow, respect and agree with the conditions of Grintip.
Users agree upon registering that they have read the terms and conditions of use by ticking out the “Do you agree with the terms and conditions?” section/box.
Users will receive an e-mail confirmation of registration.
Delivery Partners agree to receive notifications concerning upgrades, news relevant to Grintip and other informative contents that might be related to the use of the website or the app. Promotional adverts will never be displayed or sent to users prior their approval or selection.
Note: Only one account may be configured/created, per User/Delivery Partner. In case that any of the mandatory information should be false, or the same as another account or incomplete, Grintip reserves the right, without compensation and without notice, to suspend or close the users account and deny access partially or entirely to the Service.
Users/Delivery Partners will have the opportunity at any time to change the settings of his/her/their account by logging onto the Site and going to the 'My account' section to edit their personal information.
Delivery Partners recognize and accept that the use of certain features of the Service is based on geographic information and thus, Grintip requires Delivery Partners to share their location data every time they are available to perform the services required by Grintip Delivery, including the geographical position of their mobile phones, to which they automatically accept. To use all features of the App, the mobile device should be connected to a wireless network. Grintip is not responsible for providing internet connection to any user all mobile, internet and other external costs should be borne by the users.
Grintip is committed to protecting at all times the identity of the users. Names, addresses, telephone numbers, or even emails will not be disclosed to any third party unless National Laws demand otherwise.
Information such as age, gender, civil status, and temporal/transitory location and preferences from Delivery Partners may be used for commercial purposes.
Grintip fosters and keeps up to date with security technologies and will at all times protect its data, including users’ personal data. If security breaches should occur, as we see in major corporations affected by hacking, we shall at all costs resolve the situation in order to protect all users. Grintip, however, shall not be responsible for any data theft of any kind.
Article 3 - responsibility of Grintip
3.1. Technical services
The connection to the Service via the Site and / or the Application implies the knowledge and acceptance by the user of the characteristics and the limits of the Internet and mobile phone networks. These limits may include: technical performance, response times pertaining to question or transfer information, the risks of interruption, and more generally the risks inherent in any connection and transmission on the Internet / mobile networks, and as well, the absence of protection of certain data against possible diversions and risks of contamination by any viruses circulating on the Internet and mobile telephony. Consequently, Grintip will not under any circumstances be held responsible for the following, although not limited to:
- The transmission and/or reception of any data and/or information on the Internet or on mobile networks, from or to a User/Delivery Partner.
- Any malfunction of Internet services or mobile networks preventing the smooth running and/or operation of the Service.
- Failure of any material of reception or communication lines of any equipment
- The loss of any data
- Consequences of any virus, computer bug, anomaly or technical failure during any type of software operation
- Any damage caused to a Delivery Partner's computer or mobile phone at any time, or whilst using Grintip's services
3.2 Accessibility and continuity of Service
The Service is in principle accessible 7 days a week and 24 hours a day, except when maintenance is scheduled or in cases of force majeure. Grintip may restrict app or website access if the safety of its operation and integrity has been affected or compromised.
Grintip may restrict, interrupt or even suspend access with or without notification to Users/Delivery Partners. This type of situation may occur if there are: issues with our servers, a security breach, internal errors or other problems that are unforeseeable to Grintip. In such cases, Grintip cannot be held responsible and users will not be able to claim any compensation whatsoever.
3.3 Grintip’s liability
Grintip is not liable for:
- Failure or improper performance of the system in a case of force majeure.
- Any third party websites. Grintip offers links within its website or app to third-party websites. Grintip is not responsible for the activities of these third parties and advises its visitors to read their General Conditions of Use prior to any utilization.
However Grintip seeks to inform all users and Delivery Partners in every case, of any malfunction of the Site and/or app and any altered/adjusted information coming from retailers and brands.
3.4 Information provided
Delivery Partners are encouraged to only use the app during their availability for delivery. The section “Delivery” under “My account” of the website is merely for management use.
Substantial information is made available to the Delivery Partner via the delivery app, so that he or she may decide with logistical accuracy, whether or not to accept the customer's request. The following information is given:
- Name of Customer
- Customer's delivery address (and map showing geographic location)
- Estimated time to perform the shopping and delivery
- The list of groceries
- The list of shops necessary to visit
- The amount earned for the service in CHF (commission + tip)
From the moment the Delivery Partner receives a request to perform a delivery, he or she has 5 minutes to accept the request. If no action is taken by the Delivery Partner, the system will automatically reject the request and transfer the order to another Delivery Partner.
Article 4 – Orders and Delivery procedures
All individuals willing to become a Delivery Partner have to comply with the current conditions of use and the “Guidelines for Delivery Partners”. The latter will be accessible once the application to become a Delivery Partner is approved. These guidelines are rules for shopping and delivery and do not have in their content any legal clause.
Delivery addresses are normally close to or within the postcode where the Delivery Partner is located and simultaneously close to supermarkets. This enables each delivery partner to process deliveries quickly and easily. In case of a shortage of delivery personnel, the system may ask Delivery Partners to process orders located slightly further afield or to delivery in different post codes than the ones selected by Delivery Partners. This ensures that the system runs smoothly and allows Delivery Partners to generate more commissions for them. It is in the best interests of Delivery Partners to accept all types of requests as often as possible to earn a good reputation for future orders.
Once the Delivery Partner accepts a shopping and delivery request, the app will indicate on the map, the nearest supermarket(s) that he or she needs to visit to process the request. To aid this process, the app contains the requested list of groceries; the Delivery User can simply tick each product once it is in the basket. After payment has been made in one or several supermarkets, the Delivery Partner has the responsibility of confirming that the shopping process has been concluded and he or she is now on their way to deliver the goods to the customer.
Every single original receipt is to be kept by the Delivery Partner for a minimum of 5 years. Upon termination (see article 5) of his or services on behalf of Grintip, he is required to submit, ordered by date, the original receipts to the following address:
Grintip will notify any Delivery Partner to do so by email, text message or any other convenient mean.
Upon arrival at the delivery address, the Delivery Partner should verify the contents of the shopping list with the customer in order for both to confirm all is in order. The customer is then obliged to confirm the delivery status as successful, which finalizes the delivery service and once again makes the user available for further deliveries. The customer is required to also offer a review for the service provided by the Delivery Partner.
Article 5 - Suspension and/or Termination
Delivery Partners are responsible for the use of the Service, for their actions and they must respect the rules of the present General Conditions of use by acting in accordance with the Service and the laws and regulations in force. Grintip is authorized to use all necessary measures to prevent or detect any illicit or fraudulent action. Should Delivery Users fail to comply, or be found responsible for any damaging action, Grintip reserves the right, without notice or compensation, and also taking into consideration the seriousness of the breach, to cancel or terminate the user's account and/or to report the matter to the appropriate authorities, including full disclosure of the user's ID.
Each Delivery Partner has the responsibility to process orders as if they were their own. The following are examples of such that could lead to the suspension or termination of the use of Grintip’s Service, although not limited to:
- Delivery made by someone other than the account holder
- Accepting an order for shopping and delivery and never concluding it
- Taking twice the time as estimated to process the delivery
- Being rude to the customer upon delivery
- Sexual harassment or other non-acceptable behaviour such as physically harming the customer (or other such as stalking the latter outside the delivery service period)
- Fraudulent actions to harm the customer or Grintip
On the other hand, any Delivery Partner is free to not process further deliveries at any given time. Grintip requires however to receive this notice with one week in advance prior the full stop of processing orders and the Delivery Partner is required also to return any tool belonging to Grintip, and all shopping receipts, such as:
- Delivery bag
- Bicycle Equipment (if any)
- Safety equipment (if any)
- And others stated by Grintip
- Shopping receipts from the supermarkets
Failing to return these tools will lead to legal action against the Delivery Partners. For more information, the Delivery Partners can use the email [email protected] to submit their enquiries.
Article 6 - Protection of privacy and personal data
Grintip abides by the Swiss Federal and Cantonal laws. The Swiss Federal Data Protection Act applies when processing all users’ data. Grintip aims to never disclose personal information that may identify a singular person unless authorities would require it in accordance with the law. Grintip reserves the right to disclose such personal information to authorities in the event of any criminal activity being taken against Grintip by any User/Delivery Partner.
Article 7 - Intellectual property
Delivery Partners acknowledge and accept that the Site and App content (including data, databases, software, API, layout, graphics, pictures, video, soundtracks, information, illustrations, logos, brands, etc. which appear or are available on the Site and / or the App, are protected as are the copyrights, trademarks, patents, for producers of databases or any other rights recognized by the law. In consequence, any copying, reproduction, representation, adaptation, alteration, modification, dissemination, full or partial, of the content that appears or is available on the Site and / or the Application, whether it is content that belongs to Grintip, a third party or a user, without prior authorization, is unlawful.
Grintip grants the Delivery Partner the right to privately use and access the contents of the website and app, non-exclusively and non-collectively, excluding any unauthorized lucrative use. The concession is granted for Switzerland, and as long as the Site will be accessible. Subject to the right of use granted to the Delivery Partner, it is therefore prohibited to copy, reproduce, represent, modify, and/or exploit, in any way whatsoever and for any purpose whatsoever, all or part of the structure and the content of the Site.
The information and data bases accessible on the Site and/or the Application are the property of Grintip, with the exception of the content of third parties which is reproduced on the Site and/or on the app. Therefore, unless prior consent is given by Grintip, the following is forbidden: any reproduction, representation and use including: any adaptation made available to the public by request or not, distribution, rebroadcast in any form whatsoever, implementation network, public communication of all or part of the Service, works, services, brands and all elements protected or likely to be protected by intellectual property law, displayed on the Site and Application; any extraction or reuse, repeated and systematic, including for private purposes, including insubstantial parts of the contents of databases for whom Grintip is the producer.
7.1 License to use the Application
Grintip grants to any Delivery Partner who has downloaded and installed the app on his/her mobile phone, a license to use the Application in accordance with the provisions of the licensing agreements and in accordance to these conditions of use. This allowance cannot be transferred to any other individual and no Delivery Partner is allowed to sublicense the app.
Grintip retains all rights of the app. Notably, Delivery Partner are not allowed to create derivatives from the app, correct, modify or adapt the application, provide the application to third parties, use the app in any manner liable to damage, disable, overload or compromise the Service, or use the application illicitly.
Delivery Partners may not disassemble, decompile, or perform operations of reverse engineering on the app, or gain access to its source code in any way whatsoever. The application and all intellectual property rights and related content are and remain the exclusive property of Grintip.
Any Delivery Partner not complying with the terms of this section may be exposed to civil or criminal proceedings, which repress violations of copyright law, rights of trademarks and patents, the rights of database producers as well as automated data processing systems.
Article 8 - Links from / to the Service
Links from Grintip’s Service may contain hyperlinks pointing to other websites belonging to third parties and are not controlled by us. Grintip has no control over the content, the charters of protection of personal data or practices of third party sites and shall not suffer any liability in this regard. The Delivery Partner acknowledges and accepts that Grintip is not responsible for the availability of these sites and external resources and does not endorse products or advertising or other external material or accessible resources appearing on or through these websites. The Delivery Partner acknowledges and agrees that Grintip cannot be held responsible for any loss or damage he or she may suffer by accessing these websites. Grintip encourages Delivery Partner to be vigilant when they leave the Site and to read the terms and conditions and the principles of protection of personal data of other sites prior to visiting them.
Furthermore, links to Grintip allow the Delivery Partners to create one or more hyperlinks pointing to the homepage of the Site and one or more hyperlinks pointing to the title page of the different sections of the Site. However, if the links created by the Delivery Partners seem likely to undermine the Service, Grintip reserves the right to terminate at any time this authorization, this request of the Delivery Partners and the immediate withdrawal of the disputed links. In any case, the existence of a hyperlink from a third party website to the Site in no way means some cooperation exists between Grintip and the third-party site.
With regards to third party links connecting to the Grintip Site or App, as mentioned above, the Delivery Partner acknowledges and accepts that Grintip has no control over third party sites and therefore assumes no responsibility for the content, products, services, information, materials or software of third party websites.
Article 9 - Acceptance of the Conditions of use
- i) He/she has not reached the legal age required to enter a contract with Grintip. However, as Grintip does not control who uses the Service, including downloading and installing the app, the legal guardian of any underage individual using the Service shall be held responsible in case of any wrongdoing;
- ii) The country of residence or the country from which he/she accesses the Service or utilizes it, forbids him/her from receiving or using the Service.
Article 10 - Existence of Special Conditions of use
Article 11 - Force majeure
In case of Force Majeur, the Service will be suspended for an indeterminate time. No compensation of any type will be given to the users.
Article 12 – Records
In case of conflict concerning the computerized records of Grintip and any document found on written media or electronic file, of the user, it is expressly agreed that the archived data of Grintip will take precedence over the user's documents and shall be used as formal evidence in case of any dispute. In such an instance the user’s documents will be disregarded.
Article 13 - Additional information
Article 14 – Law