Courier terms

Draft for review by a lawyer. These terms apply to couriers and courier fleets who deliver orders through Pratoroo. The service agreement signed with each fleet prevails where it says otherwise.

1. Who we are and what these terms cover

Pratoroo by Ginger ("Pratoroo") is a service of GINGER DIALOGUE - UNIPESSOAL LDA, NIPC 519653955, registered office at Estr. Main Nr. 1, 2550-450 Peral CDV, Cadaval, Portugal and share capital of 2.500,00 € ("we"). Contact: [email protected].

These terms govern the use of the Pratoroo courier app and courier portal (together, the "Platform") by:

• fleets: self-employed persons (a fleet of one) or companies that provide delivery services to Pratoroo; and
• couriers: the persons who carry out deliveries for a fleet (the self-employed person, a partner or manager of the company, or the company's own staff).

2. Nature of the relationship

2.1. The fleet provides delivery services to Pratoroo as an independent service provider, in a business-to-business relationship. Nothing in these terms creates an employment contract, a partnership or an agency between Pratoroo and the fleet or any courier.

2.2. The courier decides whether, when and for how long to be online. There are no shifts, minimum hours or exclusivity: the courier may work for other platforms or clients.

2.3. The courier may decline any offer or let it expire. Declining or not answering an offer has no effect on the courier's score or access to the Platform.

2.4. The courier uses their own vehicle, phone and equipment, at their own cost and risk. The "Official courier" kit is optional unless the service agreement states otherwise.

2.5. A company fleet is the employer or contracting party of its own couriers and is solely responsible for their pay, social security, insurance and working conditions.

3. Registration and verification

3.1. To deliver, each fleet and courier must complete the registration and provide, as applicable: an identity document (citizen card or passport) and, where required, a residence permit; a police clearance certificate (Certificado de Registo Criminal) issued no more than 30 days before it is uploaded; for motorbikes and cars, the driving licence, vehicle insurance and vehicle documents; proof of self-employed activity (Início de Atividade) or the company's permanent certificate; and proof of the fleet's bank account.

3.2. Each courier completes an identity check with our verification provider (Sumsub), after the Pratoroo team has approved the documents.

3.3. Every person may hold only one courier account. Creating a second account, using another person's documents or letting another person use one's account is forbidden.

3.4. Any change of the courier's details after sending them for review (name, mobile number, city, vehicle, the fleet's name or who delivers for it) restarts the whole verification: the account goes offline and every document must be uploaded and checked again.

3.5. Documents that expire must be renewed before the expiry date. On the expiry date the courier cannot deliver until the new document is approved.

4. How offers work

4.1. When a restaurant accepts an order delivered by Pratoroo couriers, the job is first offered to the nearest available courier within the offer distance of the restaurant, for a limited number of seconds. If the courier declines or does not answer, it is offered to the next nearest courier. If no courier nearby accepts, every online courier of the city can see and accept it.

4.2. To receive offers, the courier must be online and share their location (see section 6).

4.3. Before accepting, the courier sees the restaurant, the delivery area, the distance and the estimated pay. The customer's name, phone and address are shown only after accepting and only for that delivery.

4.4. Once accepted, the courier must carry out the delivery with diligence. If they cannot, they must give the job back in the app before collecting the order, so that another courier can be found.

5. Collection and delivery

5.1. At the restaurant: the courier shows the pickup code displayed in the app. The restaurant enters the code and hands over the order. The courier checks that the order is complete and sealed, then confirms the collection in the app.

5.2. At the customer's address: the courier asks the customer for the delivery code shown on the customer's order page. The delivery is complete when the correct code is entered at the customer's address.

5.3. Only if the customer gave the code and the app does not accept it, the courier may complete the delivery with one photo, taken in the app, showing the code on the customer's phone together with the order. The photo is sent together with the courier's location at that moment and is checked by the Pratoroo team.

5.4. The app accepts "arrived at the restaurant", "collected" and "delivered" only when the courier's location is close to the restaurant or the customer's address.

5.5. The courier must:

• handle food safely and hygienically, keep it in a clean, closed bag and never open sealed packaging;
• comply with traffic law and drive safely; never use the phone while riding or driving;
• hand alcoholic drinks only to customers aged 18 or over, after checking an identity document where in doubt;
• treat customers, restaurant staff and other people with respect;
• keep customers' personal data confidential and use it only to deliver the order.

5.6. Safety. In an emergency the courier calls 112. Accidents, aggression, theft and other safety problems are reported in the app (Account → Safety); the Pratoroo team is alerted at once. The courier may give an emergency contact, used by the team only in an emergency.

6. Location data

6.1. While the courier is online, the app shares their location periodically so that offers go to the nearest courier. During a delivery, the location is shared more often and recorded as the delivery's route.

6.2. The route is used to: show the customer where their order is, confirm that the courier was at the restaurant and at the customer's address, calculate waiting time and pay, prevent and investigate fraud, and handle complaints.

6.3. Location is not collected while the courier is offline. Routes are kept for the period set in the privacy statement and then deleted, except where needed for an open complaint, dispute or legal obligation.

6.4. Location services are provided by the courier's phone. Pratoroo does not charge couriers for location sharing; mobile data costs are the courier's.

7. Ratings and courier score

7.1. Customers may rate the delivery (stars, compliments or problems, and a comment). Restaurant reviews and courier ratings are kept separate.

7.2. Each courier has a score from 0 to 100, made of the customers' ratings and, for the last 30 days, the following events: location jumps that are not physically possible, deliveries without a location route, collections without the restaurant's hand-over, and jobs given back after accepting.

7.3. The score determines the order in which offers are made: couriers with a high score receive offers first; couriers with a low score receive offers after the others; couriers with the lowest score receive no offers while their account is reviewed by the Pratoroo team.

7.4. The courier can see their score, level and the reasons in the app at any time.

7.5. A low score or misconduct leads first to written warnings. The courier receives up to three warnings, each with its reason, by email and in the app. Only after the third warning may the account be closed for these reasons. A serious breach (section 8) may lead to closing the account without prior warnings.

7.6. Decisions to suspend or close an account are always taken by a person of the Pratoroo team, never by the system alone. The courier is told the reasons in writing and may give their explanation and ask for the decision to be reviewed by writing to [email protected].

8. Fraud and misconduct

8.1. The following are serious breaches: using apps or devices that fake the location; marking a delivery as collected or delivered without having done it; keeping, consuming or damaging an order; asking customers or restaurants for extra payments; using another person's account or documents, or holding more than one account; giving false documents or information; sending invoices that do not match the statement issued by Pratoroo; harassment, violence or discrimination.

8.2. When Pratoroo has reasonable grounds to believe that a serious breach occurred, it may, after giving the courier the opportunity to explain:

• suspend the account while the matter is investigated;
• close the account permanently and refuse new registrations by the same person;
• withhold the pay for the deliveries concerned until the matter is resolved, and not pay deliveries that were not carried out;
• charge the fleet the cost of orders that were lost, damaged or not delivered because of the breach (including the amount refunded to the customer), by deduction from the fleet's statement or by invoice;
• report the facts to the competent authorities.

8.3. The fleet is responsible towards Pratoroo for the acts of its couriers.

9. Pay, statements and invoices

9.1. For each completed delivery, Pratoroo pays the fleet the courier pay set in the Platform at the time the job was offered (a fixed amount per delivery, an amount per kilometre and, after the free waiting time, an amount per minute of waiting at the restaurant). Customers' tips belong in full to the courier and are paid together with the pay.

9.2. Every week (Monday to Sunday) Pratoroo issues a statement of the completed deliveries. Only deliveries completed with the customer's code or an accepted photo proof are paid.

9.3. The fleet sends Pratoroo one invoice per week for exactly the amount of the statement, issued with certified invoicing software, showing the fleet's NIF and Pratoroo's NIF. Pratoroo pays the statement, never a different amount, by bank transfer to the fleet's verified bank account only, after the invoice has been checked.

9.4. A change of bank account must be made in the Platform and is checked again before any further payment; payments are never made to accounts given by email, phone or on an invoice.

9.5. The fleet is responsible for its own taxes, VAT and social security contributions.

9.6. Refer a friend. Each courier has a personal code. When a new person signs up with it and completes the number of deliveries shown in the app within the days allowed after being approved, the courier who invited earns the reward shown in the app on the day the friend signed up. The reward is added to the fleet's weekly statement. The friend must be a new person with their own account; rewards obtained by abuse (for example the same person with two accounts) are cancelled. Pratoroo may change or end the programme for future sign-ups.

10. Insurance

The fleet and the courier must have the insurance required by law for their vehicle and activity. Pratoroo recommends personal accident insurance. Pratoroo's insurance does not cover the courier, the vehicle or the goods in transport, unless the service agreement states otherwise.

11. Personal data

Pratoroo processes the personal data of fleets and couriers (identity, documents, verification, location, deliveries, ratings and payments) to manage the account, carry out deliveries, prevent fraud, pay and meet legal obligations, as described in the privacy statement. Couriers may exercise their rights by writing to [email protected].

12. Ending the relationship

12.1. The fleet may stop using the Platform at any time by closing its account, after completing any delivery in progress.

12.2. Pratoroo may end the relationship with 15 days' notice, or immediately in case of a serious breach (section 8), always with the reasons in writing.

12.3. Amounts owed for deliveries completed before the end are paid in the next statement, minus any amounts owed under section 8.

13. Liability

Pratoroo is not liable for losses caused by events outside its reasonable control, such as connection or phone failures, nor for indirect losses. Nothing in these terms limits liability that cannot be limited by law.

14. Changes to these terms

We may change these terms; changes are announced in the app and by email at least 15 days before they apply, unless they are required by law sooner. Continuing to use the Platform after that date means accepting the new terms.

15. Law and complaints

These terms are governed by Portuguese law. Complaints: [email protected]. Disputes are decided by the competent Portuguese courts.