The operator is Objednáme s.r.o., with its registered office at Mlýnská 942/13, 737 01 Český Těšín, ID No. 06419518, registered in the Commercial Register maintained by the Regional Court in Ostrava, file no. C 71855.
Contact details of the Operator:
The eRide Platform is an online platform designed to facilitate the conclusion of delivery contracts between operators of restaurants and other businesses seeking the delivery of ready-made meals, groceries (fresh or non-perishable), or other goods (beverages, cosmetics, flowers, etc.) to their customers, and couriers who will ensure the transportation of the aforementioned goods. 1.2.2 The Operator enables partner restaurants and other businesses registered on the eRide Platform to conclude delivery contracts remotely with registered couriers.
Product to be transported, and the destination address (delivery location) where the Product is to be delivered;
The Operator concludes the Contract exclusively with individuals who meet the characteristics of an entrepreneur and have their own identification number. The Platform is not intended for consumers, and the Contract and these Terms and Conditions are not a consumer contract within the meaning of Section 1811 of the Civil Code.
The Operator concludes the Contract exclusively with individuals who meet the characteristics of an entrepreneur and have their own identification number. The Platform is not intended for consumers, and the Contract and these Terms and Conditions are not a consumer contract within the meaning of Section 1811 of the Civil Code. 1.4.2 The Customer concludes the Contract with the Operator electronically through the Application. The condition for concluding the Contract is Registration, during which the Courier provides, among other things:
a) Name and surname,
b) Phone number (mobile) and Courier's Email Address,
c) Identification number (ID),
d) Payment details of their credit card,
e) The area in which they will be available.
A condition for submitting the completed registration form according to Article 1.4.2 is the acceptance of these Terms and Conditions. As part of the Registration, the Courier will also choose a password for the Application.
The submission of the registration form is considered as the Courier's proposal to conclude the Agreement.
The Operator will automatically send an SMS to the phone number provided by the Courier during Registration for the purpose of verifying the phone number, with instructions for verification. Once the Courier verifies the phone number according to the instructions in the SMS, the Operator will send the Courier a confirmation email, confirming the completion of the Registration, which is considered as acceptance of the Courier's proposal to conclude the Agreement.
The Operator reserves the right to:
a) contact the Customer before completing the Registration by phone and verify the information provided in the registration form and/or
b) refuse to conclude the Agreement, even without stating reasons.
Subject of the Agreement
The Operator undertakes to make the Application and the agreed Services available to the Courier for the duration of the Agreement and to the extent specified in these Terms and Conditions.
The Customer undertakes to pay the Operator the fee for using the Platform in the amount and under the conditions specified in these Terms and Conditions and to comply with the obligations set out in these Terms and Conditions.
Communication between the Contracting Parties
The Courier acknowledges and agrees that the Operator is entitled to make all legal acts, particularly notifications, requests, warnings, and invoices related to the provision of Services under the Agreement, electronically via email sent to the Courier's Email Address or via the Application, unless such form of communication is explicitly not allowed by law.
Operator Services
Access to Services for the Courier
A Courier who has concluded an Agreement with the Operator is entitled to register via the Application and upload their brief resume (CV).
The Courier, who has concluded an Agreement with the Operator, will be shown available Businesses within the Courier's service area that have public profiles and have published an Order in the Application.
The provisions of Section 2389b of the Civil Code do not apply to the relationship under the Agreement, and the rights and obligations related to access to the Services are governed by these Terms and Conditions.
Platform Maintenance
The Operator is entitled to develop the Platform and the Application and make necessary updates. The provisions of Section 2389d of the Civil Code do not apply to the
relationship under the Agreement, and the rights and obligations related to System updates are governed by these Terms and Conditions.
Any changes to the Platform or Application, their graphics, control elements, and other modifications do not constitute defects of the Platform, and the Business is not entitled to previous versions of the Application or to custom modifications. The Operator is entitled to terminate the development of the Application and the Platform at any time, even without compensation. In such a case, the Operator is obliged to ensure the operation of the Platform and the Application for the duration of the Subscription (for the duration of the Agreement).
The Operator is entitled to perform ongoing maintenance of the Platform or Application or its modifications and, for this purpose, to take the Platform or Application out of service for the necessary time or to significantly restrict its operation (downtime).
Data Handling, Personal Data
In the position of personal data controller (Article 4(7) of the Regulation), the Operator processes the Courier's personal data for the purpose of Registration, conclusion of the Agreement, and subsequent fulfillment of the Operator's obligations under the Agreement. The legal basis for processing the Courier's personal data is Article 6(1)(b) of the Regulation. The Operator processes the following personal data: identification (name and surname, identification number), address (only email address and phone number/mobile number), location (geolocation via GPS), descriptive data only to the extent provided by the Courier (e.g., personal data in the CV about previous experience, age, etc.), and communication records related to the Agreement or Platform (requests, complaints).
Conclusion of Delivery Agreements with Businesses and Product Delivery
Conclusion of the Delivery Agreement
In the Application, the Courier is provided with a list of Businesses from which the Courier can choose a specific Business and then contact and send a request (proposal to conclude a Delivery Agreement). Before submitting the request, the Courier is provided with the Business's commercial or contractual terms.
The Business may or may not respond to the Courier's request. In case the Business approves the request, it is considered as the conclusion of the Delivery Agreement, and the Courier will subsequently see individual Orders from that Business in the Application.
In the Application, the Courier is only provided with Orders from the Businesses with whom they have concluded a Delivery Agreement.
Courier Identity Verification
The Business, with whom the Courier has concluded a Delivery Agreement, conducts identity verification of the Courier during the first physical contact.
For the purpose of identity verification, the Courier is required to present the original ID card and a copy of the trade license or another document proving that they are a business entity to the Business.
A Courier who delivers using a motor vehicle (car, motorcycle, scooter) is required, in addition to the documents specified in Article 3.2.2, to present the original driver's license to the Business and allow representatives of the Business to perform a brief inspection of the vehicle, particularly to check whether the vehicle meets the conditions specified in Article 4.2.3.
The Business is entitled to verify the identity of the Courier or the technical condition of the vehicle at any time during the term of the Delivery Agreement.
Refusal to present the documents specified in this Article 2.2 or preventing the inspection of the relevant vehicle is considered a material breach of the Delivery Agreement and entitles the Business to withdraw from the Delivery Agreement according to Article 7.3.
Business Order
The Business publishes an Order through the Application, which is displayed in the Application to all Couriers with whom the Business has concluded a Delivery Agreement. The Courier is provided with only the information about the type of Product and the destination address (delivery location) in the Order.
The Courier has the option to respond to and accept the Order; in case of a mistake, such as a misclick, the Courier can withdraw the acceptance of the Order within the timeframe specified in the Application (the timeframe is short, on the order of seconds). By accepting the Order, a contract for the transport of the Product is concluded.
Once the Courier accepts (confirms) the Order, they are obligated to:
a) pick up the Product at the address of the Business (or at the establishment's address) specified in the Order, and
b) deposit the monetary Security according to Article 3.3.4, and
c) deliver the Product in an undamaged condition to the destination address (delivery location).
The Courier deposits the Security at the time of picking up the Product in the amount of the Order Value. The Courier deposits the Security in cash or by bank transfer to the Business's account via a payment card. The Security serves to ensure the fulfillment of the obligation to pay the Order Value by the Customer. The settlement of the Security is governed by Articles 3.4.1 and 3.4.2.
The specific personal data of the Customer, at least their surname and phone number, are provided to the Courier after they accept (confirm) the Order.
Delivery and Handover of the Product to the Customer, Settlement of the Security
The Courier collects the Order Value from the Customer upon delivery of the Product and is entitled to offset it against the Security they deposited according to Article 3.3.4. Therefore, the Business does not return the deposited Security to the Courier unless the circumstances specified in Article 3.4.2 occur.
If the Customer does not accept the properly delivered Product, the Courier is entitled to return the undamaged Product to the Business where they picked it up and is entitled to a refund of the Security. The condition is that the Product was properly delivered by the Courier, which means that all the conditions specified below were met:
a) The Product was properly delivered by the Courier to the destination address specified in the Order,
b) The Product was delivered on time, i.e., within the delivery time specified in the Order,
c) The Product was not visibly damaged, particularly the packaging was intact, any seals and stickers were not broken, and no other visible damage occurred to the Product (e.g., spilled contents due to improper transportation).
If the Courier violates the conditions mentioned above for a non-accepted Product, the Business is entitled to withhold the Security up to the amount of the Order Value that was not properly delivered to the Customer.
If, due to an error on the part of the Business, the wrong Product was delivered (e.g., a different meal than what the Customer ordered, a different drink, etc.), the Courier is entitled to return the Product to the Business and request the return of the Security, even if the Product's packaging is damaged.
The Courier must indicate in the Application whether the specific delivered Order was delivered (accepted and paid for by the Customer) or not delivered.
Liability Under the Delivery Contract
The Operator only facilitates the conclusion of the Delivery Contract between the Courier and the specific Business and subsequent contracts for the transportation of the Product based on Business Orders. The Operator is not a party to the Delivery Contract or subsequent contracts for the transportation of the Product and is not responsible for any breach of obligations by any party to these contracts concluded through the Application.
The Operator is not liable for any breaches of obligations by the Business under the Delivery Contract, such as failing to provide the Product to the Courier even though the Delivery Contract was concluded through the Application, or failing to return the deposit to the Courier who properly returned the delivered Product (Article 3.4.2).
Rights and Obligations of the Courier
Accuracy of Information Provided During Registration
The Courier is obliged to provide true and complete information during Registration, especially the identification number (IČ) and the information provided in the resume.
The Operator is entitled to contact the Courier in case of any discrepancies, or to withdraw from the Agreement if it becomes apparent that the Courier provided false or misleading information during Registration.
Additional Obligations
The Courier is obliged to pay the full Service fee properly and update their contact details (email, mobile phone number) via the Application.
The Courier is further obliged to:
a) adhere to the delivery time specified in the Order,
b) not tamper with the Product packaging, such as looking inside, unsealing the bag or other packaging if it is sealed, otherwise risking the forfeiture of the deposit in case the Product is not accepted by the Customer,
c) comply with the Order conditions, such as accepting the payment terms in the Order (card payment), respecting and fulfilling any notes in the Order (e.g., delivering the Product as per the Customer's request).
If the Courier uses a motor vehicle (car, motorcycle, scooter) for deliveries, they must:
a) hold a valid driving license (DL),
b) operate the motor vehicle in compliance with legal regulations, especially the Road Traffic Act, and have a valid technical inspection,
c) in case of delivery by car, maintain a suitable temperature for delivering the Product, e.g., in the case of food delivery, the car must have air conditioning or be equipped with a cooling box.
The Courier is not authorized and is prohibited from:
a) transporting persons (people) under the Delivery Contract,
b) accepting Products that are obviously suspicious (e.g., addictive substances such as narcotics and psychotropic substances or weapons),
c) accepting cross-border transport of Products, i.e., their delivery outside the borders of the Czech Republic.
Protection of Customer Personal Data
The Courier is obliged to maintain confidentiality regarding any personal or other data about Customers or third parties that are made available to them by the Operator or the Business in connection with the use of Services, especially in connection with individual Orders. The Courier is required to protect this personal data from unauthorized disclosure to third parties.
Customer personal data is provided to the Courier solely for the purpose of fulfilling obligations under the Order, i.e., for the purpose of delivering the Product and collecting its price. Therefore, the Courier is not authorized to copy, photograph, store this personal data in electronic or other forms after fulfilling their obligations under the Order, i.e., after delivering the Product and collecting the price from the Customer, or after resolving any non-acceptance of the Product by the Customer with the Business.
Personal data includes the name, surname, and destination address of the Customer, as well as their email address, phone number, and other descriptive information made available to the Courier through the Application (e.g., academic titles, notes, and supplementary information).
Courier's Remuneration
The Courier is entitled to remuneration from the Business in the amount specified in the Order. The remuneration is automatically determined in the Application and is variable, meaning it may differ for individual Orders, depending on factors such as the delivery area, type of Products, tips, etc. The remuneration is always stated as an amount excluding VAT and is displayed to the Courier in the Order.
The Business determines the selected payment terms in the Delivery Contract, especially the interval in which the remuneration is paid (weekly/monthly/another interval).
The basis for payment of the remuneration is the trip log or QR code generated via the Application. The Courier then delivers the trip log in electronic form, including an invoice, to each Business with which they have concluded a Delivery Contract. The invoice template will be generated in the Application based on data from the trip log; the Courier only needs to add the invoice number, due date, and any other information that is marked for completion in the invoice template, which must contain all the required tax document details. Otherwise, the Business is entitled to return it to the Courier for correction and is not in default with its payment.
Subscription for Using the eRide Platform
Subscription
The Courier is obliged to pay the Operator the Service fee in the form of a Subscription, in the amount accessible via the Application. However, the Operator may temporarily provide Services for free.
The Courier pays the Subscription in advance either monthly or annually, selecting their preference via the Application. The Subscription can only be paid electronically via the Application, and cash payments are not possible.
The Operator is entitled to increase the Service fee (Subscription) at any time during the term of the Agreement. However, the Subscription that the Courier has already paid cannot be increased. The provisions of Article 8.1 regarding the price increase and the Operator's obligation to inform the Courier of the increase apply accordingly.
Invoicing and Payment Terms
The tax document - invoice for the Subscription is sent by the Operator to the Courier's Email address. The invoice may also be made available through the Application if this functionality is enabled in the Application.
If the credit card provided by the Courier during Registration does not allow for the Subscription payment, the Courier will be notified via email sent to the Courier's Email address. If payment cannot be made even after repeated attempts, the Operator is entitled to deactivate the Service for the Courier at the end of the period for which the Subscription was paid.
Liability and Confidentiality Obligation
Liability for Damages
The Operator is liable to the Courier for actual damages caused by willful breach of its obligations under the Agreement and these Terms and Conditions. The Operator is not liable to the Courier for lost profits. The Courier's claim for compensation for damages caused by the Operator's breach of obligations under the Agreement is limited to an aggregate amount, with the amount of compensation capped at the amount equivalent to the annual Subscription (if the Courier paid an annual Subscription), or the monthly Subscription (if the Courier paid a monthly Subscription) paid in the year or month in which the damage occurred; for the purpose of calculating the total limitation amount, the Subscription fee
without VAT will be used. The Operator is not obliged to cover damages beyond this limited amount, unless the damage was caused intentionally or by gross negligence. This provision does not affect Articles 6.1.2 - 6.1.4.
The Courier acknowledges the facts stated in Article 3.5; therefore, the Operator is not liable for any damages or other harm incurred by the Courier as a result of the actions or inactions of the Business, or as a result of the Business's breach of obligations under the concluded Delivery Contract.
The Operator is also not liable for damages caused by the unavailability of the Service due to Platform or Application downtime (Article 2.2.3) or for Service unavailability or incidents caused by the Courier, the Business, other third parties, or circumstances excluding liability. The Operator is not liable for damages caused particularly by:
a) other service providers or technical equipment (e.g., internet connection outages), or
b) other unforeseeable circumstances that the Operator did not cause (e.g., issues with operating systems and their environments or patches, upgrades, hardware failures, or issues with other applications, outages on the part of the web hosting provider used to operate the Platform), or
c) the unavailability of third-party data that the Operator processes in connection with providing the Service, or
d) changes in data formats, information systems, or procedures of third parties on which the provision of the Service depends.
The Operator shall be exempt from liability for damages if a temporary or permanent extraordinary, unforeseeable, and insurmountable obstacle arising independently of the Operator’s will prevents the fulfillment of the obligations under the Agreement (§ 2913 of the Civil Code). Extraordinary, unforeseeable, and insurmountable obstacles include, but are not limited to:
a) war, pandemic or epidemic, or strike, if any of these obstacles prevent or limit the Operator's business activities;
b) a natural disaster that prevents or limits the Operator's business activities or causes interruptions in the Operator's performance under this Agreement;
c) extensive power outages or internet connection failures caused by a natural disaster, war, terrorist or other attacks, or strikes.
The effects of circumstances excluding liability are limited to the duration of the obstacle with which these effects are associated, unless the obstacle leads to damage to the software, defects, or complete destruction of the technical equipment or software necessary for providing the Services, or defects in the technical equipment or software of third-party manufacturers.
The provisions of § 2389e of the Civil Code do not apply to the relationship arising from the Agreement, and the rights and obligations related to defects in the Platform and the Customer's digital environment are governed by these Terms and Conditions.
Content Moderation Shared Through the Application
The Operator is authorized to temporarily suspend the Courier's ability to share content through the Application (Platform) or contribute content in any way through the Application. The Operator is particularly entitled to do so if the content shared by the Courier appears to
be clearly offensive, illegal, harassing, or containing hate speech. The Operator is also authorized to monitor or remove content published by the Courier.
The Operator reserves the right to terminate the Agreement with the Courier in the event of repeated publishing of offensive, illegal, harassing, or hate speech content through the Application (Platform).
If content published by the Courier is removed, the Courier’s ability to share content through the Application is temporarily suspended as per Article 6.2.1, or the Agreement is terminated under Article 6.2.2, the Operator shall provide the Courier with clear and specific reasons for the action, no later than at the moment of taking such action. The Operator is also obliged to inform the Courier when the reasons for the respective limitation in the Application have ceased to exist and to restore full access to content sharing in the Application.
The Courier has the right to file a complaint with the Operator regarding the Operator's procedure in moderating shared content through the Contact Point mentioned in Article 8.2.
The Courier has the right to report content found in the Application that they consider illegal, through (Contact Point/Form in the application?).
Termination of the Agreement
Duration of the Agreement
The Agreement is always concluded for a definite period, namely for the duration of the Subscription that the Courier has set in the Application.
Termination of the Agreement
The Courier is entitled to terminate the Agreement through the Application, or via the user interface of their mobile phone (e.g., in iOS in Settings/Subscriptions by selecting the "Cancel Subscription" option). In such a case, the Agreement will terminate on the last day of the Subscription period.
The Operator may terminate the Agreement electronically by sending an email to the Courier's Email address. The notice period is 1 month from the day the notice is delivered to the Courier's Email address.
During the notice period, the obligations under the Agreement remain in full force, and the Courier continues to have access to the Platform and Application.
Withdrawal
The Operator is entitled to withdraw from the Agreement due to a substantial breach of obligations by the Courier. A substantial breach of the Courier’s contractual obligation is considered, in particular, a violation of any obligation listed in Article 4.2.3 or Article 4.2.4.
Withdrawal must be made in text form via email or in writing via a data box or regular mail. The Operator shall state the reasons for the withdrawal. A valid withdrawal is effective upon delivery to the Courier's Email address or data box unless the Operator specifies a later termination date in the withdrawal.
Settlement of Rights and Obligations Related to the Termination of the Agreement
The Courier is not entitled to a refund of the paid Subscription, not even partially. This applies even if the Operator withdraws from the Agreement due to a substantial breach of the Agreement by the Courier (Article 7.3.1).
After the termination of the Agreement, the Courier will still have access to the MyWallet function, where their trip logs are stored for the purpose of calculating the Courier's remuneration with the Businesses for which they transported Products.
Final Provisions
Unilateral Changes to the Terms and Conditions
The Operator has the right to change or supplement the Terms and Conditions or change the Subscription price at any time to a reasonable extent, particularly:
a) due to changes in legal regulations, technological changes affecting the functions of the Platform or the handling of Courier data, but also due to the expansion or changes to the Platform, or the introduction of new services by the Operator or third parties, or
b) if market conditions, business or licensing conditions of third parties, whose system or application software or services the Operator uses to operate the Platform, change, or
c) in cases of changes in the economic or financial situation, changes in currency (e.g., the adoption of the Euro), inflation, and such changes in circumstances that would create a gross imbalance in the rights and obligations to the detriment of the Operator.
Changes to the Terms and Conditions or the Subscription price will be sent by the Operator to the Courier's Email address and may also be made accessible to the Courier through the Application.
The amended Terms and Conditions or the increased Subscription price will take effect on the date specified in such amended Terms and Conditions, but no earlier than the notification of their change to the Courier.
If the Courier disagrees with the change in the Terms and Conditions, they have the right to reject them and terminate the relationship established by the Agreement with the Operator either factually through the Application or in the interface of their mobile phone (e.g., in iOS in Settings/Subscriptions by selecting the "Cancel Subscription" option), or by giving notice within ten (10) days from the day the Courier was informed about the publication of the amended Terms and Conditions. The notice according to this paragraph shall be sent by the Courier via email or in written form to the contact addresses listed in Article 1.1.2. The notice period begins the first day after its delivery and lasts 60 days.
If the Courier does not terminate the contractual relationship in the manner and within the time limits according to Article 8.1.4, it is assumed that they have accepted the changes to the Terms and Conditions or the increase in the Subscription price.
General Provisions
The contractual relationship arising from the Agreement is governed by Czech law, in particular, the provisions of Act No. 89/2012 Coll., the Civil Code.
Disputes arising from the Agreement or in connection with it, as well as disputes concerning its validity or consequences of invalidity, will be decided in the Czech Republic by the competent court in Ostrava.
The current version of these Terms and Conditions and the data processing agreement are published through the Application. The Courier can reproduce and archive the Terms and Conditions.