1.
Welcome
1.1.
Welcome to Rodeo Works. Rodeo Works is a service that we make available through the Rodeo mobile application (the "Rodeo App") that allows:
a. "Partners" to advertise available freelance delivery work ("Blocks"); and
b. "Riders" to view and apply for requests to perform Blocks, (the "Rodeo Works Service").
1.2.
The Rodeo Works Service enables you find business opportunities as a delivery rider or driver, demonstrate your experience and abilities to potential clients and manage your portfolio of work. Rodeo is a marketplace; it is not an employer or an agency.
1.3.
These Rodeo Works Terms of Service (these "Rodeo Works Terms") supplement our Terms of Use and apply to you if you use the Rodeo Works Service as a Rider.
1.4.
We will ask you to agree to these Rodeo Works Terms when you first access the Rodeo Works Service through the Rodeo App. Please ensure that you have read and understood these Rodeo Works Terms before accessing the Rodeo Works Service. If you do not agree to these Rodeo Works Terms, you should not use the Rodeo Works Service.
2.
Important warnings
2.1.
The Rodeo Works Service is a platform that enables Partners and Riders to make enquiries about and arrange to perform Blocks. We enable Partners to advertise Blocks and select Riders, and you to apply to perform Blocks. We do not provide the Blocks, determine the terms on which Blocks are advertised or performed or engage you to perform Blocks.
2.2.
Partners are free to set the terms of the Blocks advertised through the Rodeo Works Service and, when Partners engage you to perform a Block, you will be entering into an agreement directly with the Partner.
2.3.
When you perform Blocks, you do so as an independent contractor unless otherwise agreed between you and the Partner.
2.4.
Some Partners may choose to engage you as an independent worker. If so, it will be stated in the Block description along with details of any related terms and benefits. If you do not want to be engaged as an independent worker, do not apply for Blocks advertised on an independent worker basis.
2.5.
Any agreement relating to the performance of Blocks is between you and the Partner only. We are not your employer, and you will not have any employment rights against us. If you are engaged by a Partner as an independent worker, the Partner is directly responsible to you for compliance with any associated rights and obligations.
2.6.
You are responsible for ensuring that you are legally able to perform the Blocks you apply for or are engaged to perform by a Partner. This includes, without limitation, having the right to work legally in the UK and holding any licences required to operate the vehicle you use to perform Blocks.
3.
Information about you
Your privacy is important to us. Please read our Privacy Policy to understand how we collect, use and share information about you.
4.
Who can use the Rodeo Works Service
4.1.
To access to the Rodeo Works Service, you must:
have registered and created a profile on the Rodeo App;
provide your bank account details for payments of any amounts due to you in respect of Blocks you have completed or in respect of cancellations as set out in paragraphs 7.4 or 8.3 (the "Rider Fee");
have responded to our requests to verify your identity and have been approved by us (including through the use of a third-party) in accordance with these Rodeo Works Terms; and
not have been previously banned, suspended or refused access to the Rodeo Works Service or the Rodeo App by us.
5.
Verifying your identity
5.1.
We will need to verify your identity in order for you to use the Rodeo Works Service. We may ask you to provide certain information to do this. You must ensure that any information you provide is accurate, as we will not be responsible to you if we are unable to verify your identity because of any errors or omissions in the information you have provided to us.
5.2.
Your identity may be subject to verification including, but not limited to, validation against third party databases or the verification of one or more official government or legal documents that confirm your identity and your place of residence. We may use a third-party provider to carry out these identity verification checks.
5.3.
We may refuse to provide you with some or all of the Rodeo Works Service if we are unable to verify your identity.
6.
Content of your profile
6.1.
Your profile on the Rodeo Works Service enables you to demonstrate your experience and professionalism and collate documents that may be needed for the completion of your contracts with Partners (for example insurance or training certificates).
6.2.
You are responsible for the content on your profile and liable for any inaccuracies. The information that you include on it must be complete and accurate.
7.
Viewing, applying for and performing Blocks
7.1.
The Rodeo Service allows you to view and apply to perform Blocks advertised by Partners on the terms (including time, location, scope and pay) set out on the Rodeo Service (the "Block Terms").
7.2.
You can withdraw an application to be considered for a Block at any time up until the Partner has accepted your application.
7.3.
Once the Partner accepts your application to perform a Block, as confirmed to you through the Rodeo Service, you will be entering into a separate agreement with the Partner for the performance of the Block on the Block Terms. Some Partners may provide you with a separate written agreement but others may not. If you do not have a written agreement with the Partner, the terms of that agreement will be the Block Terms, as amended or supplemented in any communications between you and the Partner.
7.4.
You should ensure that, before you apply for a Block, you are able to perform the Block in accordance with the Block Terms, as you will not be able to amend the Block Terms or cancel the Block other than in accordance with paragraphs 8 and 9 below, even if it becomes apparent during the performance of the Block that the Block cannot reasonably be performed on the Block Terms (including as a result of traffic, weather or other factors beyond your control).
7.5.
On any blocks where you are engaged as an independent contractor you have the right to ask someone else to perform the work on your behalf, provided that:
anyone that fulfils the Block on your behalf must meet all eligibility criteria set out in paragraph 4;
you will be responsible for the reliability and performance of any person that performs the Block on your behalf. This means that if they receive a bad rating or do not show up on time this will be reflected on your profile on the Rodeo Works Service that will be visible to future potential Partners.
8.
Cancelling Blocks
8.1.
You or the Partner can cancel a Block at any time before the agreed start time for that Block.
8.2.
If you do not attend a Block or cancel a Block before the start time, you will be deemed a no-show, unless you:
find a substitute to perform the Block in accordance with paragraph 7.5; or
notify us through the Rodeo Works Service that you are unable to attend the Block and the Partner is then able to find and engage another Rider through the Rodeo Works Service to fill the Block.
8.3.
If you arrive more than 15 minutes after the start time for a Block, the Partner may not allow you to work the Block and decide to dismiss you, in which case you will be deemed a no-show.
8.4.
If, the Partner cancels the block within 24 hours of the start time you may be entitled to a partial payment. These terms will be set out in the details of the Block when it is posted on the Rodeo Works Service.
9.
Amending Blocks
9.1.
You and the Partner can each ask to amend the Block Terms in respect of a Block you have agreed to perform at any time before the agreed start time for that Block, subject to the remainder of this paragraph 8.
9.2.
Neither you nor the Partner are under an obligation to agree to any amendments and can either agree to proceed with the Block on unamended Block Terms or cancel in accordance with paragraph 7.
9.3.
If you cancel because the Partner has asked to amend the Block Terms, and you and the Partner do not agree on the change to the Block Terms, the Partner (and not you) will be deemed to have cancelled the Block and you will be entitled to charge the amount set out in paragraph 8.4.
10.
Fees and Payment
10.1.
Once you have completed a Block and you and the Partner have confirmed the applicable Rider Fee, or the Partner has (or is deemed to have) cancelled a Block and you are entitled to charge a Rider Fee in accordance with paragraphs 8.4 or 9.3, we shall:
generate an invoice to the Partner on your behalf in respect of the Rider Fee; and
pay you the Rider Fee on behalf of the Partner as full and final payment of your Rider Fee.
10.2.
We will transfer the Rider Fee to the bank account details you have provided in your profile on the Rodeo App within 2 business days of:
confirmation from you and the Partner through the Rodeo Works Service that you have completed the relevant Block and that the Rider Fee has been agreed; or
where applicable, the Partner's cancellation of a Block.
10.3.
You are responsible for ensuring that any bank account details associated with your profile on the Rodeo App are accurate and up to date, as we will not be responsible to you if you do not receive payment of any Rider Fees because you have provided incorrect account details.
10.4.
You must notify us, through the settings in your account on the Rodeo App, if you are registered for VAT. All Rider Fees are inclusive of VAT where applicable, and you are solely responsible for accounting for and paying any VAT due to HMRC (or any applicable tax authority). You are also solely responsible for reporting your earnings to HMRC (or any applicable tax authority) and paying all taxes in respect of the Rider Fees you earn. We will not be responsible to you for any losses you suffer, including any fines, penalties or interest owed on any unpaid tax, if you fail to comply with your obligations under applicable law to submit accurate returns or pay any tax due.
11.
Ending our relationship
11.1.
If at any time you do not feel that you can agree to these Rodeo Works Terms or any changes made to the Rodeo Works Terms or the Rodeo Works Service, you must immediately stop using the Rodeo Works Service.
11.2.
We may immediately end your use of the Rodeo Works Service if you commit a material breach of these Rodeo Works Terms or our Terms of Use, or any other important rule(s), or terms and conditions we set for accessing and using the Rodeo Works Service.
11.3.
We may also withdraw the Rodeo Works Service as long as we give you reasonable notice that we plan to do this.
11.4.
If you or we end your use of the Rodeo Works Service or we withdraw the Rodeo Works Service as described in this paragraph, we may delete any information we hold about you, including information about past Blocks that you have performed. You will also lose any rights you have to use the Rodeo Works Service or to access any content provided by us under the Rodeo Works Service. We will not offer you compensation for any losses.
11.5.
The termination of your use of the Rodeo Works Service shall not affect any of your obligations to pay any sums due to us.
12.
Your responsibilities
12.1.
You are responsible for ensuring that:
you comply with the Block Terms in respect of any Blocks you perform;
you have all the necessary licences and permissions (including, where applicable, driving licences for the class of vehicle used), including those required under the Block Terms, to perform a Block you have agreed to perform; and
where applicable, you have in place appropriate insurance to perform Blocks.
12.2.
You will be responsible for, and you agree to indemnify us for any loss or damage (including any lawyers' fees) that we may incur or suffer as a result of any failure by you to comply with these Rodeo Works Terms, or any third-party claims (whether from a Partner or any other person) arising in connection with your use of the Rodeo Works Service or performance of a Block.
13.
Our liability to you
13.1.
The Rodeo Works Service makes available third-party content, including information about the Blocks advertised by the Partner. As we do not produce such third-party content, we cannot be responsible for it in any way.
13.2.
Since we are only a platform that enables you to connect with Partners to apply for and perform Blocks, we will also not be responsible to you in respect of any complaints, damage or losses resulting from your performance of (or failure to perform) the Blocks, including any damage to or loss of any items used or handled when performing a Block or premises accessed by you in performance of the Block, or any injury you may suffer in the course of performing a Block.
13.3.
While we do our best to ensure that the Rodeo Works Service will always be available to you, the Rodeo Works Service relies on third-party networks and connections outside of our control. We may also need to switch off the Rodeo Works Service temporarily if we or our network providers are undertaking scheduled or emergency maintenance on the Rodeo Works Service. The Rodeo Works Service is therefore provided on an "as available" and "as is" basis, which means that we are unable to promise that your use of the Rodeo Works Service will be uninterrupted, without delays, error-free or meet your expectations. We do not give any commitment relating to the performance or availability of the Rodeo Works Service in these Rodeo Works Terms and, to the extent we are able to do so, we exclude any commitments that may be implied by law.
13.4.
In the event of a claim by you and against us, we will not be liable for any losses that exceed any Rider Fees you have earned that have not yet been paid to you at the time you notify us of the claim.
13.5.
In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable or that is caused by a failure by you to comply with these Terms of Service.
13.6.
We do not, however, exclude any liability that we cannot exclude under applicable law, including our responsibility to you for any personal injury or death caused by our negligence.
14.
Resolving disputes
14.1.
If you have a dispute with us relating to the Rodeo Works Service, we would welcome the opportunity to make things right. In the first instance please contact us at hello@gorodeo.app so we can work with you to attempt to resolve the dispute with us
14.2.
In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving our dispute.
14.3.
If a dispute arises in relation to a Block, we encourage you and the Partner to resolve any disputes directly. In the event you and the Partner are unable to resolve a dispute between yourselves, you can ask us to mediate the dispute. Please contact us using the disputes process in the Rodeo App with details of the Block, the nature of the dispute and any relevant facts relating to the dispute.
15.
Changes to the Rodeo Works Service
15.1.
We are constantly updating and improving the Rodeo Works Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Rodeo Works Service.
15.2.
In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Rodeo Works Service, or feature relating to the Rodeo Works Service ("changes to the Rodeo Works Service"). These changes to the Rodeo Works Service may affect your past activities on the Rodeo Works Service, features that you use and any content you access on the Rodeo Works Service ("Rodeo Works Service elements"). Any changes to the Rodeo Works Service could involve your Rodeo Works Service elements being deleted or reset.
15.3.
You agree that a key characteristic of the Rodeo Works Service is that changes to the Rodeo Works Service will take place over time and this is an important basis on which we grant you access to the Rodeo Works Service. Once we have made changes to the Rodeo Works Service, your continued use of the Rodeo Works Service will show that you have accepted any changes to the Rodeo Works Service. You are always free to stop using the Rodeo Works Service.
16.
Changes to the documents
16.1.
We may revise these Rodeo Works Terms from time to time, but the most current version will always be at. https://www.gorodeo.app/legal/rodeo-works-terms-of-use
16.2.
Changes will usually occur because of new features being added to the Rodeo Works Service, changes in the law or where we need to clarify our position on something.
16.3.
Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.
17.
Documents that apply to our relationship with you
17.1.
The current version of the Rodeo Works Terms contains the only terms and conditions that apply to our relationship with you in relation to your use and our provision of the Rodeo Works Service.
17.2.
We intend to rely on these Rodeo Works Terms as setting out the written terms of our agreement with you for the provision of the Rodeo Works Service. If part of the Rodeo Works Terms cannot be enforced then the remainder of the Rodeo Works Terms will still apply to our relationship.
17.3.
If you do not comply with these Rodeo Works Terms and we do not take action immediately, this does not mean we have given up any right we have, and we may still take action in the future.
18.
Assignment and third parties
18.1.
You may not transfer your rights under these Rodeo Works Terms to anyone else.
18.2.
We may transfer our rights under these Rodeo Works Terms to a third party. This might happen if, for instance, we sell the Rodeo Works Service to another person or undergo an internal reorganisation. If we do so, the transferee will be responsible for performing our obligations under these Rodeo Works Terms in the same way as we are.
18.3.
No one other than you and us (and our successors or parties to which we transfer our rights under these Rodeo Works Terms) has any rights to enforce any part of these Rodeo Works Terms against the other.
19.
Law
English law will apply to all disputes and the interpretation of these Rodeo Works Terms. The English courts will have exclusive jurisdiction over any dispute arising from or related to your use of the Rodeo Works Service.
20.
Contact, feedback and complaints
20.1.
If you need to contact us in relation to these Rodeo Works Terms or any other document mentioned in them, you can email us at legal@gorodeo.app
20.2.
We value hearing from our users and are always interested in learning about ways we can improve the Rodeo Works Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.