Get Your First Delivery Free!
Sign Up as a Free Member:
* Handling Fee: 10% of total cost of items purchased (only when we shop for you).
Sign up as a Business Account or Subscribed/Prime Member:
* Pay $99.99 annually
* Delivery Fee: A huge discount within 10 mile radius with addtional $1.85 per extra mile.
Office Hours: 8 AM to 5 PM (Monday - Friday)
Delivery/Pick up Services Hours: 6 AM to 10 PM (Daily)
THIS INDEPENDENT CONTRACTOR AGREEMENT(hereinafter referred to as the “Agreement”) is made and entered into as of the date that the first service is rendered (hereinafter referred to as the “Effective Date”), by and between De West Wind LLC (hereinafter referred to as the “Company”), of California and Independent Contractor to provide delivery services (hereinafter referred to as the “Contractor”).
WHEREAS, Company considers Contractor qualified to perform certain services required by and for the benefit of Company;
WHEREAS,Company wishes to retain Contractor to perform such services in the capacity of independent contractor; and
WHEREAS,Contractor wishes to perform such services in exchange for the compensation as set forth in this Agreement;
NOW THEREFORE,in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, Company and Contractor hereby agree as follows:
Contractor shall perform the following services for the benefit of Company: Delivery Services and shopping for Company’s customers.
Company shall pay a fee to Contractor, in consideration for the materials and labor to be provided by Contractor. Company shall pay Contractor 70% of delivery fee and 40% of handling charges paid by Company’s customers per delivery. Company shall pay Contractor the accrued delivery and handling charges once a week to their designated bank accounts or check upon the completion of the services specified hereunder.
Contractor shall start providing the services specified hereunder and,Contractor shall provide services for Company until the services specified hereunder are completed.
Contractor’s relationship with Company is that of an independent contractor, and nothing in this Agreement is intended to, or shall be construed to create a partnership, agency, joint venture, employment or similar relationship. Contractor will not be entitled to any of the benefits that Company may make available to its employees, including, but not limited to, group health or life insurance, profitsharing or retirement benefits. Contractor is not authorized to make any representation, contract or commitment on behalf of Company unless specifically requested or authorized in writing to do so by Company. Contractor is sorely responsible for the working tools needed to provided services to Company’s customers. The tools may include a registered vehicle, valid drivers license, insurance for the vehicle , and a cell phone. The expenses incurred through the use of such tools is an exclusive responsibility of the Contractor. Company may issue a corporate credit/debit card and card reader to Contractor after registration process is complete. Sometimes such credit/debit cards may have "Empoyee Card" written on them by the issuing banks in accordance with their policy. This does not in any way construe that such card holders (Contractor) are employees of Company. Contractor is solely responsible for, and will file, on a timely basis, all tax returns and payments required to be filed with, or made to, any federal, state or local tax authority with respect to the performance of services and receipt of fees under this Agreement. Contractor is solely responsible for, and must maintain adequate records of, expenses incurred in the course of performing services under this Agreement. Provided that Contractor remains an “independent contractor” as defined in the Internal Revenue Code, no part of Contractor’s compensation will be subject to withholding by Company for the payment of any social security, federal, state or any other employee payroll taxes. Company will report amounts paid to Contractor by filing Form 1099MISC with the Internal Revenue Service as required by law. Company or Contractor may terminate this agreement at anytime. Contractor only works at the time and location desired. Contractor has the right to chose when, how, and where to work.
All Company Property and any materials (including, without limitation, documents, corporate credit or debit cards, card readers, drawings, papers, diskettes, tapes, models, apparatus, sketches, designs and lists) furnished to Contractor by Company, whether delivered to Contractor by Company or made by Contractor in the performance of services under this Agreement (collectively, the “Company Property”), are the sole and exclusive property of Company or Company’s suppliers or customers. Contractor agrees to keep all Company Property at Contractor’s premises unless otherwise permitted in writing by Company. After any request by Company, Contractor shall destroy or deliver to Company, at Company’s option, (a) all Company Property and (b) all materials in Contractor’s possession or control. Any corporate credit or debit card and card reader issued to the Contractor is the property of the Company and be used sorely for the purchase of items for the Company’s customers.
If either party to this Agreement materially breaches this Agreement or any material clause hereunder, the parties shall have a period of seven (7) days to cure the breach upon written notice of the breach from the non-breaching party.
At all times while on Company’s premises, Contractor will observe Company’s rules and regulations with respect to conduct, health, safety and protection of persons and property.
All original works resulting from the Contractor’s performance of its duties hereunder are deemed to be “works made for hire” and will be and will remain the sole and exclusive property of the Company. This includes potential copyrights, trademarks, and patents. The Contractor, at the Company’s request and sole expense, will assign to the Company in perpetuity all proprietary rights that it may have in such works. Such assignment shall be done by documents as prepared by the Company. Should the Company elect to register claims of ownership to any such works, Contractor will, at the expense of the Company, do such things, sign such documents and provide such reasonable cooperation as is necessary for the Company to register such claims, and obtain, protect, defend and enforce such proprietary rights. Contractor shall have no right to use any trademarks or proprietary marks of the Company without the express, prior written consent of the Company regarding each use, except as otherwise set forth herein.
During the term of this Agreement, Contractor will not accept work, enter into a contract or accept an obligation inconsistent or incompatible with Contractor’s obligations, or the scope of services to be rendered for Company, under this Agreement. Contractor warrants that, to the best of Contractor’s knowledge, there is no other existing contract or duty on Contractor’s part that conflicts with or is inconsistent with this Agreement. Contractor agrees to indemnify Company from any and all loss or liability incurred by reason of the alleged breach by Contractor of any services agreement with any third party.
During this Agreement, and for a period of three (3) years immediately following the termination or expiration of this Agreement, Contractor agrees not to solicit or induce any employee or independent contractor to terminate or breach any employment, contractual or other relationship with Company.
I agree to the above terms and conditions.
THANK YOU FOR REGISTERING WITH US! IT IS IMPORTANT THAT YOU REVIEW THIS AGREEMENT NOW AND FROM TIME TO TIME BECAUSE BY ACCESSING THIS WEBSITE, BY PLACING AN ORDER WITH US BY TELEPHONE OR THROUGH THIS WEBSITE, OR BY SIGNING UP YOU ARE AGREEING TO CERTAIN TERMS AND CONDITIONS THAT GOVERN THE USE OF THE SITE AND THE TERMS UPON WHICH WE AGREE TO MAKE THIS SITE AVAILABLE TO YOU AND UPON WHICH WE WILL MAKE DELIVERIES TO YOU:
Our Delivery Service: When you place an order, we will utilize commercially reasonable efforts to deliver to you at the time of your choosing. Once you place your order by telephone or online, we will act as bailee for the ordered products. You can modify an existing order up at any time until the order leaves the seller or manufacturers’ facility. The Company, in its sole discretion, reserves the right to refuse service to anyone, with or without cause or reason. We reserve the right to change the cost of deliveries and/or our delivery fee structure at any time. The prices and cost displayed on our website may be an estimation. Total cost may varies due to actual prices prevalent at the retail shops.
Charges For Our Services:
You will pay a small delivery fee for orders picked up and delivered within a radius of 10 miles.
Then $2.05 per additional mile as a free member and $1.85 for business accounts or subscribed members.
This will be determined using your zip code.
You will also pay 10% of the total cost of items as handling charges if we shop for you as a free member.
You have 2 options at the time of registration.
Have the option (A) to pay $99.99 on registration as a membership fee renewable annually and have the benefits of paying only 7.5% of total cost of items as handling charges if we shop for you.
Another option (B) for you is to have a free registration with full delivery fees (depending on the distance as mentioned above) and 10% of the total cost of items if we shop for you.
If you contact us to pick up an item or items from one location and deliver to another, you will only be charged the delivery fees as mentioned above without handling charges.
No Warranty for Goods or Services Purchased Or Ordered. Customers using our services must make themselves comfortable through the information provided by the sellers or manufacturers on their Website, by contacting the sellers or manufacturers or their stores directly, or through such other means or methods as they may deem appropriate, as to the quality and reliability and quality of the sellers or manufacturers and the seller’s or manufacturers’ compliance with applicable laws. The Company, including the site, does not in any way guarantee the quality of any product, food or beverage, or any pickup- up or delivery service in connection therewith, or any compliance thereof with applicable laws. Please note that, on occasion sellers or manufacturers may alter their labels, thus we cannot guarantee or ensure the accuracy, completeness or timeliness of any product information. We recommend that you do not rely solely on the information presented on our site or catalog and that you always read the label carefully before using or consuming a product to obtain the most accurate information. If you have specific nutrition or dietary concerns or questions about a product, please consult the product’s label and/or contact the manufacturer directly. In addition, a seller or manufacturer may represent certain standards with respect to their product, food or beverages (or other services), such as “organic,” “kosher,” “macrobiotic” or allergen- specific standards such as “nut-free,” “gluten-free,” or “lactose-free”; The Company does not investigate or verify any such representations. The Company shall not be liable or responsible for any product, food or beverages, or any other services, offered by the sellers or manufacturers or any errors or misrepresentations made by them (including on the Website and through the Company’s Services).
Taxes: Where required by law, we collect Taxes on behalf of the State of California. Personal Delivery Required: To receive delivery, you must be present to receive your order from our contractor.
Time For Delivery: In an effort to meet the delivery time for all of our customers, our delivery personnel cannot wait for an inspection of the items delivered. Also, we limit our delivery area to ensure high quality service to people within our stated delivery areas. If you place a delivery for an address outside of our delivery areas, we reserve the right to cancel your order. Your order will arrive with an invoice that will list all of the items you have received and were billed for. If something is missing from your order, please call your local store where the goods were ordered.
In the case of bad weather, or unforeseen delivery complications, deliveries may become delayed. We do not guarantee or stipulate that deliveries will be completed in a specific time frame. Delivery times are subject to many things, including the weather, traffic conditions and are in all cases made at our convenience. References contained in our advertisements describing the nature of our delivery service (e.g., “we deliver in about 60 minutes”), are for descriptive purposes and should not be relied upon or be considered an inducement or advertisement of any kind.
Tips: Our contractors are allowed to accept tips. Customers are under no obligation to tip contractors but have the option of doing so at their discretion.
Payment. We accept Paypal, credit/debit cards. When you place an online order we will authorize your card for the total amount of your bill. We will submit the total amount due to our processor, net of any changes, credits, returns and tips on the next business day. We will take a security deposit of $20.00 from your credit card when an order is made pending a successfull completion of the transaction. In the event your card is declined we reserve the right to collect funds for any uncollected transactions owed us and to charge $5 per order should a payment made via credit card be declined. If you fail to pay any fees or charges when due, we may charge such amount directly to the credit card identified in your Customer Account Information and we may suspend or terminate your access to our Service. You shall be responsible and liable for any fees, including attorneys` fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you.
All credit card customers must present their credit card to our contractors at the time of delivery if you elect the option of payment on delivery.
Other Business Solicitations. From time to time, we may permit you to order and receive products, information, and services from businesses that are not owned or operated by us. In such instances, we act only as the link between you and such businesses. The purchase, payment, warranty, guaranty, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. We make no representations or warranties of any kind, express or implied, regarding the merchandise, services, or information received from such third parties and the fact that we make such products, information, and services available should not be construed as an endorsement of the businesses or the products, services, and information they provide.
Copyright and Ownership. All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, the Company. Consent is granted to view all of such things for the sole purpose of placing an order with us. You are not authorized to save or collect any such information. Any other use of materials on this Site, including modification, distribution, or reproduction is strictly prohibited. You acknowledge that the Company and/or thirdparty content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. The Company reserves the right to revoke your use of the Site.
Graphics, and button icons are service marks, trademarks, and/or trade dress of the Company or otherwise proprietary to the Company and may not be used by you for any reason. All other trademarks, service marks, product names, and company names or logos appearing on the Site are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using this Site or our service.
Age Declaration:You hereby represent that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations hereunder. You will be responsible for providing proper identification at delivery for tobacco, alcohol and credit card orders.
ID Number and Passwords.Access to our Site is accomplished through the use of a user name and a password that you select upon registration. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and for charges incurred from use of our Site with your password. You agree to notify us promptly of any unauthorized use of your password and you will remain liable for any use of our service until you notify us of the unauthorized use of your password. We may call or send you text messages or email from time to time to update you of our current services. Text message charges by the telephone carrier may apply.
Your Account.You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account and password to access the Site. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number and e-mail address. You can update your information in the Your Account area on our site. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to us, and accept responsibility for all activities that occur under your account or password and for restricting access to your computer. You will comply with all laws applicable to your activities on the Site and with this Agreement.
Purchase of Alcoholic Beverages & Tobacco.By law, purchasers of alcoholic beverages must be at least twenty-one (21) years of age. You may not legally order any alcoholic beverages unless you are at least twenty-one (21) years of age. Furthermore, you may not purchase alcoholic beverages for anyone who is under the age of twentyone (21). You must present identification and proof of age at the time of delivery to receive alcoholic beverages. We reserve the right to refuse service, terminate accounts, remove alcoholic beverages, or cancel orders at our sole discretion. By signing up and checking out you do affirmatively state and certify that you are old enough to legally purchase alcohol and / or tobacco products and that you are purchasing such products for your own consumption and no other purpose. In the case of alcohol, you state and certify that you are 21 years of age or older.
In the case of tobacco products, you state and certify that you are 18 years of age or older. You further certify that you will personally receive the alcoholic beverages and/or tobacco products and that you will have your identification available for inspection by our driver.
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of our service, site or systems. Among other things you agree not to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions; (f) interfere with, disrupt, or attempt to gain unauthorized access to other accounts; (g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (h) engage in any other activity deemed by us to be in conflict with the spirit or intent of this Agreement.
Relates Entities.In the course of our business we may buy or sell business units, engage third parties and agents, offer promotions or otherwise affiliate with other companies for the purpose of enhancing our service or business (``Related Entities``). In such case(s) your personal information may be shared with such Related Entities. We will not otherwise sell or rent any personally identifiable personal information. Nothing contained herein shall be deemed to prevent or limit the sale of your personal information as a result of a merger, consolidation, sale or other business combination.
Warranty Disclaimer; Limitation of Liability; Indemnification
YOU EXPRESSLY AGREE THAT USE OF THE OUR SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. OUR SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN ``AS IS,`` ``AS AVAILABLE`` BASIS. THE COMPANY ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH OUR SERVICE; WE DO NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. WE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE SERVICE. WE DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER THE COMPANY NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, ``COMPANY PARTIES``) SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR SERVICE, OR THE INABILITY TO USE, THE SITE, THE COMPANY SERVICE, OR THE INTERNET. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO THE COMPANY OR AN AFFILIATE, IF ANY, OR (B) $100 (WHICHEVER IS LESS). YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF OUR SERVICE AND TO TERMINATE THIS AGREEMENT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification.The material in the Site is provided for lawful purposes only. You agree to defend, indemnify, and hold the Company Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorneys’ fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.
Termination.This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. The Company may suspend or terminate this Agreement or the service or remove or disable access to any portion of our service at any time for any reason with or without notice to you. If you do not agree with the terms of this agreement, you may terminate your acceptance by emailing us at email@example.com and by no longer accessing our website(s). In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
Notices.We may give notice to you of a change in this Agreement and any other matter through a posting on the Site of updates to this Agreement, or other means determined by the Company.
Governing law:This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with the Company or relating in any way to your use of the service or the Site resides in the federal and state courts of California and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of California in connection with any such dispute, including any claim involving Company Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
Amendment.The Company may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be effective at the time they are initially posted on our Site. By accessing this Site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound. Customers who prefer to place order by telephone agree to be bound by the terms of this Agreement as amended from time to time. In all cases as a condition of making deliveries to you, you agree to review this agreement from time to time.
ACCORDING TO THE SURGEON GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS.
No person shall sell or give away any alcoholic beverages to:
Any person under the age of twenty-one years; or
Any visibly intoxicated person.
IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF TWENTY-ONE TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE, FRAUDULENT OR NOT ACTUALLY HIS OWN FOR THE PURPOSE OF ATTEMPTING TO PURCHASE ANY ALCOHOLIC BEVERAGE.
SURGEON GENERAL`S WARNING:Quitting Smoking Now Greatly Reduces Serious Risks to Your Health.
All advertisements offered by the Company expire 30 days after distribution, unless otherwise stated.
I agree to the above terms and conditions.