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Driver Terms and Conditions

Hawaa Freelance Driver Terms and Conditions

These Terms and Conditions (“Agreement”) govern your access to and use of the Hawaa crowd-sourced delivery application platform (“Platform”) as a freelance delivery driver. By signing up, accessing, or using the Platform, you (“Driver,” “You,” or “Your”) agree to be bound by these Terms and Conditions with Hawaa W.L.L., a company organized and existing under the laws of Bahrain, with its principal place of business at Flat 31, Bldg 584, Road 1207, Block 712, AL Ramli, Kingdom of Bahrain. (“Hawaa,” “We,” “Us,” or “Our”).

1. Services Provided by Driver

1.1. Delivery Services: You agree to provide timely and efficient delivery services to end-users through the Hawaa Platform.

1.2. Professionalism and Compliance: You are responsible for conducting yourself professionally, efficiently, and in strict adherence to all applicable traffic laws and regulations in the Kingdom of Bahrain.

1.3. Equipment and Resources: You must possess and utilize the necessary equipment and resources to perform deliveries, including but not limited to a reliable vehicle, valid driver’s license, navigation tools, and a functioning communication device compatible with the Hawaa Platform.

1.4. Availability: You are expected to be online and available to receive delivery requests during the 24/7 operation of the Platform when you choose to make yourself available. While this is a non-exclusive agreement, consistent availability during your chosen working hours is crucial for service reliability.

2. Driver Compensation

2.1. Delivery Fees: For each completed delivery, Hawaa shall retain 20% of the delivery fee charged to the end-user, and you shall receive 80% of the delivery fee. The “delivery fee” is the total amount charged to the end-user for the delivery service as determined by Hawaa’s Platform.

2.2. Payment Schedule: Hawaa will pay you the service fees due every ten (15) days. Payments will be based on a report of completed deliveries as recorded and verified by Hawaa’s Platform.

2.3. Deductions: You acknowledge and agree that Hawaa reserves the right to deduct service fees from payments due to you in the event of your failure to meet the Service Level Agreement (SLA) outlined in Section 4, or for any other reason detailed in this Agreement.

3. Term and Termination

3.1. Agreement Commencement: This Agreement commences on the date you accept these Terms and Conditions and will continue until terminated by either party.

3.2. Termination by Hawaa: Hawaa may terminate this Agreement immediately and without prior notice if your services do not meet Hawaa’s standards, including but not limited to those outlined in the Service Level Agreement (SLA) (Section 4) and any other reasonable performance criteria communicated by Hawaa. Hawaa may also terminate this Agreement for any other reason upon 7 days’ written notice.

3.3. Termination by Driver: You may terminate this Agreement at any time by providing Hawaa with 7 days’ written notice.

3.4. Immediate Termination: Either party may terminate this Agreement immediately if the other party files for bankruptcy, insolvency, or receivership.

4. Service Level Agreement (SLA)

Your performance as a Hawaa freelance driver is subject to the following Service Level Agreement (SLA). Failure to meet these standards may result in deductions from your delivery fees or other penalties.

4.1. Delivery Time: * You shall endeavor to complete all deliveries within the “Agreed Timeframe” as specified by the Hawaa Platform for each individual delivery request. * For any delivery exceeding the Agreed Timeframe by more than 30 minutes (“Delayed Delivery”), Hawaa may deduct 25% of the delivery fee for that Delayed Delivery. * Consistent delays may lead to penalties or termination of this Agreement.

4.2. Delivery Accuracy: * You shall maintain a high delivery accuracy rate, ensuring deliveries are completed to the correct recipient and address, without errors such as wrong delivery, misdelivery, or lost packages. * For any delivery error caused by your negligence, you shall be responsible for promptly taking corrective action, including but not limited to redelivering the package to the correct recipient, retrieving the misdelivered package, or compensating the customer for any loss or damage, as directed by Hawaa.

4.3. Package Handling: * You shall handle all packages with reasonable care and diligence to prevent damage during transit. * You shall be liable for the cost of repairing or replacing any package damaged during delivery due to your negligence or mishandling. The determination of negligence or mishandling shall be made by Hawaa in its reasonable discretion.

4.4. On-Time Performance: * You shall maintain a high on-time delivery percentage, defined as delivery within the agreed timeframe for each order. * If your on-time delivery percentage falls below a satisfactory level, Hawaa may impose penalties or restrict your access to the Platform.

4.5. Penalties and Remedies: * Failure to meet the above service levels may result in deductions from your delivery fees, temporary suspension from the Platform, or termination of this Agreement. * Hawaa reserves the right to deduct fair compensation from your earnings for any customer compensation that Hawaa is required to make to end-users due to your negligence or failure to meet the agreed-upon service levels. * Hawaa’s remedies under this SLA are not exclusive and are in addition to any other remedies available to Hawaa under this Agreement or applicable law.

5. Responsibilities of the Driver

5.1. Timely Delivery: You are solely responsible for the timely delivery of packages, in accordance with the agreed-upon delivery timeframes displayed on the Platform.

5.2. Package Safety and Security: You are responsible for the safety and security of packages during delivery and shall take all reasonable precautions to prevent loss, damage, or theft.

5.3. Failed Deliveries: In the event of a failed delivery (e.g., recipient not available, incorrect address), you shall, at Hawaa’s direction, either return the package to the sender or make a second delivery attempt. Additional charges for second delivery attempts may be applicable as per Hawaa’s policy.

5.4. Legal Compliance: You are responsible for ensuring your compliance with all applicable laws and regulations, including traffic laws and any regulations related to the transportation of goods in Bahrain.

5.5. Insurance: You are solely responsible for maintaining adequate and valid insurance coverage, including but not limited to vehicle insurance, and any other insurance required by law, to protect against any liabilities arising from your delivery services. You must provide Hawaa with proof of such insurance upon request. Hawaa is not responsible for any liabilities or damages incurred by you or third parties as a result of your operations.

5.6. Independent Contractor Status: You acknowledge and agree that you are an independent contractor and not an employee, agent, joint venture, or partner of Hawaa. You are solely responsible for all your own taxes, social security contributions, and other similar payments. You have no authority to bind Hawaa or to incur obligations on Hawaa’s behalf. You will not be entitled to any employee benefits, including but not limited to health insurance, retirement plans, or paid time off.

6. Indemnification

You agree to indemnify, defend, and hold harmless Hawaa, its officers, directors, employees, and agents, from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

  • Your performance or non-performance of your obligations under this Agreement.
  • Your negligence or willful misconduct.
  • Any loss, damage, or delay to packages caused by you.
  • Any violation of applicable laws or regulations by you.

7. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Kingdom of Bahrain.

8. Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be resolved through amicable negotiation between you and Hawaa. If the parties are unable to resolve the dispute through negotiation within 30 days, either party may submit the dispute to binding arbitration in accordance with the laws of the Kingdom of Bahrain. The arbitration shall take place in Manama, Bahrain.

9. Entire Agreement

This Agreement constitutes the entire agreement between you and Hawaa and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this Agreement.

10. Amendments

Hawaa reserves the right to amend these Terms and Conditions at any time. Any amendments will be effective upon posting the updated Agreement on the Hawaa Platform or notifying you directly. Your continued use of the Platform after such amendments constitutes your acceptance of the revised Terms and Conditions.

BY CLICKING “I AGREE” OR BY OTHERWISE ACCESSING OR USING THE HAWAA PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS.