Courier Terms and Conditions

 Courier Terms and Conditions – Ondway Delivery Ltd.

Last updated: December 17th, 2021.


This document (the “Terms”) sets out the terms and conditions on which we, Ondway Delivery Ltd. (“we”, “us” or “Ondway”), make our website and Ondway mobile applications (together, the “Platform”) available to independent couriers who intend to use the Platform to engage in delivery services (the “Couriers” or “you”).

These terms do not apply to businesses and individuals seeking to reach independent couriers to execute deliveries or use our Platform to manage delivery operations, whose access and use of the Platform is governed by the User Terms and Conditions – Ondway.

Please read these Terms very carefully before accessing and using the Platform. By accessing or using the Platform as an independent courier, you agree to be bound by these Terms. If you do not agree to these Terms and fully accept its conditions, you may not access or use the Platform as a Courier.

If you have any questions regarding these Terms, please contact us and let us know:


  1. About Ondway

Ondway offers a digital Platform that connects Couriers with businesses and individuals (the “Users”), to optimize their logistics and enable Couriers to execute the delivery of Users’ goods (the “Delivery”).

Our Platform was specially developed to connect you with restaurants, grocers, retail, e-commerce and many other businesses, in a practical and optimized way. 

Ondway, therefore, is not a staffing agency, recruiter, or human resources feature. We merely provide and make available our Platform to enable your interactions and transactions with Users and optimize their delivery operations.

Ondway Delivery Ltd. is a company incorporated in Ireland, with its registered office at 55 Ranelagh, St. Peters, Dublin 06, D06W0V5, ROI, and registration number 704500. Our VAT number is 3896917MH.


  1. Your Account

To access the Platform and provide your delivery services, you must create a personal account and register as a Courier (the “Courier Account”).

Courier Registration

To create a Courier Account, you must register on the Platform following the instructions provided.

You will be asked to insert your personal information (name, address, email, phone number, visa type), provide information regarding your preferences on vehicle type and work shifts and inform us the companies with which you are currently working. Ondway reserves the right to request additional information or documentation, at any time and at our sole discretion, if we deem it necessary for creating your Courier Account.

You must provide true, accurate and complete information in your registration and update it on the Platform in the event of any change.

After you submit your request for registering on the Platform, our team will analyse the information provided and get back to you shortly.

Ondway may accept or reject your request, at our sole discretion. If we accept your request, we will contact you and provide you with your credentials to access the Platform as a Courier.

If any information provided by you proves to be wrong, inaccurate, or incomplete, Ondway reserves the right to take whatever action it deems appropriate, including but not limited to suspension of your Courier Account and of your access to the Platform until the necessary information is provided in an adequate manner.

Keep in mind: in order to create a Courier Account and use our Platform, you must be at least 18 years old.


Your Courier Account is personal and non-transferable. You are entirely responsible for maintaining and safeguarding the confidentiality and security of you login information, including your password. You agree to under no circumstances assign or grant access to your Courier Account to any third party.

You are exclusively responsible and liable for all actions and uses attributed to your Courier Account on the Platform.

If you find or suspect that your Courier Account has irregularities or abnormalities, including but not limited to the password being changed or the account being logged in to or used by unauthorised individuals, you must notify Ondway immediately.


  1. Process of Delivery

Delivery Request

Once you have logged in to your Courier Account, you may make yourself available on the Platform and wait for a notification indicating you have a Delivery request from a User.

Further information regarding the request, the products to be collected and delivered (the “Goods”) and the customer who will receive the Goods (the “Recipient”) will be presented to you, and you are entirely responsible for verifying whether you are able to comply with all eventual additional requirements and specifications set by the User in the Request.

The acceptance of a request is entirely at your own discretion and Ondway will not, under any circumstances, require or force you to accept a request. However, if you constantly refuse or do not perform accepted requests, this may affect your evaluation on the Platform, as set out in Clause 5 of these Terms. Ondway reserves the right to, at our sole discretion, suspend or terminate your Courier Account if it we understand you have regularly refused requests or not performed or cancelled requests that you had already accepted.

Delivery of Goods

Once you accept a request, you shall collect and deliver the Goods within an appropriate time frame, without undue delay, considering a reasonable amount of time to get from your current location to the collection address and, from there, to the delivery address.

You must inform on the Platform that you have collected the Goods. The Platform will automatically recommend you an optimized route to the delivery address, but you are under no obligation to take the recommended route. You must, however, take an appropriate route, without excessive deviations.

The number and distance of deviations considered as “excessive” will be determined at the sole, reasonable discretion of Ondway. If you constantly take routes with excessive deviations, without justification, this may affect your evaluation on the Platform, as set out in Clause 5, and Ondway reserves the right to terminate your Account.

You shall always be diligent, professional, and reliable when making a Delivery. You must be careful when driving your chosen vehicle and ensure that the Goods reach the Recipients in the same condition as when you collected them.

You agree and acknowledge that you act on behalf of the Users in delivering Goods to Recipients and that Ondway has no relationship with you or the User other than to provide a communication Platform between you.

When you deliver the goods to the Recipient, you must follow all the steps requested on the Platform to confirm the Delivery completion.

Cancellations and Return of Goods

You may cancel an accepted request before the collection of the Goods, for any reason, on the Platform.

However, keep in mind that the cancelation may affect your evaluation, as set out in Clause 5.

Ondway reserves the right to terminate your Account if you regularly cancel accepted Requests, and the amount necessary to be considered “regularly” is determined at the sole, reasonable discretion of Ondway.

You must cancel the Delivery, get in contact with the User and inform us on the Platform if the Goods get destroyed or damaged in the process of Delivery due to any cause or event beyond our reasonable control, including, without limitation, an act of God, governmental act, war, fire, flood, earthquake, explosion, epidemic or pandemic, strikes, or civil commotion (the “Force Majeure Events”).

You must also cancel the Delivery, get in contact with the User and inform us on the Platform if a Recipient refuses to accept the Goods due to their alleged destruction or damage. If the destruction or damage is proven to be due to your performance of the Delivery, you will not receive the Courier Fee.

If the Recipient refuses to accept the Goods for any other reasons, or if you are unable to contact the Recipient, you must contact the User, inform us on the Platform, and return the Goods to the collection address or to other address indicated by the User. The Courier Fee for the return delivery will be calculated in the same way as the original Delivery and you will not be penalised in any way.

You must not, under any circumstances, dispose of any Goods without further orientations from Ondway or the User.

In any case, Ondway reserves the right to investigate the causes of and request information related to cancellations.


  1. Prices and Payment

The use of the Platform by the Courier is completely free of charge.

You will receive a weekly payment (the “Courier Fee”) for the Deliveries you have executed in the previous week.

Your Courier Fee for each week will be presented to you on the Platform, in euro, and may be based on a fixed amount per travelled kilometre during Deliveries or other criteria presented to you on the Platform. We reserve the right to change these amounts and the criteria used to calculate the Courier Fee without prior warning.

You hereby agree that the Courier Fee will be transferred to your bank account and that it is your duty to register a valid and updated bank account within the Platform

It is also your duty to make sure that your bank account information continues up-do-date, complete and correct during the entire period in which your Courier Account is active.

You are solely and entirely responsible for your VAT obligations and for complying with any other applicable tax obligations. Ondway and the Users are not responsible for any additional compensation to cover your VAT obligations and liabilities.

You expressly agree that Ondway may deduct and retain from your Courier Free all applicable taxes, fees and penalties set forth on these Terms.




  1. Evaluation

When registering to the Platform, you acknowledge and accept that you will be evaluated based on your performance in all your Deliveries, using specific performance metrics. The Users will be able to give you feedback based the experience they had with you and on your performance.

You may also leave feedback on the Platform, based on your experience with the User.


  1. Your Obligations and Responsibilities

When using the Platform, you must comply with these Terms and all applicable laws, regulations, and rules. You may only use the Platform for lawful purposes and for the purposes for which it was intended as referenced in these Terms. You must not misuse the Platform or attempt to defraud us, the Users, the Recipients or any third party.

You are responsible for obtaining the network access necessary to use thePlatformand for any rates and fees from your network provider, including for data consumption while using the Platform. You are also responsible for accessing compatible devices and operating systems necessary to use the Platform. We cannot guarantee your devices and operating systems are compatible with the Platform.

In the event of any third-party request, loss, liability, proposition, or expense (including attorneys’ fees) brought against Ondway arising from or relating to your usage of the Platform, you agree to compensate Ondway, its directors, employees, agents, partners and other licensed persons.

Also, you must refrain from:

Ondway reserves the right to remove and/or suspend any message or reviews with illegal or offensive content without the need for notification.

Moreover, you are obliged to comply with the following requirements:

Ondway may offer you one or more accessories to facilitate the Deliveries and, if so, you shall take good care of them as their sole guardian. In case you accept the offer, a deposit will be deducted from your Courier Fee and refunded to you when you return the accessories provided. If you prefer, you may use your own accessories.

Ondway reserves the right to manage any prospective incompliances in whichever way we see fit, including charging a penalty fee of up to €3.000 (three thousand euros) (“Penalty Fee”) or, in certain cases, temporarily suspending you from the Platform or bringing forth the definite termination of your Courier Account, unilaterally and with no need for prior notification.


  1. Warranties and Liability


Additionally, Ondway shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any:

Ondway does not, at any circumstances, guarantee you a minimum number of Delivery requests. In any case, we will use our commercially reasonable efforts to connect you with Users.

You are solely liable to Ondway, Users, Recipients and third parties for any loss, injury, or damage you cause by your actions or inactions or by any breach of these Terms.

You agree to defend, indemnify, and hold harmless Ondway, its parent companies, subsidiaries, affiliates and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any Delivery made by you in connection with the Platform, or any use of the Platform in violation of these Terms.

To the extent permitted under applicable laws, you hereby release Ondway from any and all claims or liability related to any action or inaction by you, including your failure to comply with applicable law and/or failure to abide by these Terms, and any conduct or speech, whether online or offline, of any other Courier, User or Recipient.

Ondway is not deemed to have editorial responsibility, and it expressly states that it does not identify with any opinions that may be issued by you, Users, or other Couriers whose consequences are the sole responsibility of their respective issuers. You are solely responsible for your interactions with Users, Recipients and other Couriers.

If Ondway is found liable to you, its total aggregate liability is limited to the Courier Fee owed to you for the Delivery in relation to which Ondway was found liable. 

Ondway reserves the right to investigate and take appropriate legal action against anyone who we believe may have violated these Terms, including, without limitation, reporting you to appropriate law enforcement authorities.

You, as a Courier, are solely liable for the Deliveries you execute. If the goods are damaged, lost or stolen, or if you do not correctly complete the Delivery, you shall be liable for and compensate Ondway, the User and/or a third party for any harm or loss, except where the foregoing are due to factors such as, without limitation, fault of the Recipient or the User, Force Majeure Event, insufficient packaging or an inherent defect.

If the lost Goods are pharmaceutical or high value items, Ondway may report the matter to the Police and terminate your Courier Account.


  1. Privacy

Ondway respects your privacy and the protection of your personal data. Therefore, we created a Privacy Policy that explains the rights you have as a data subject, the purposes of the processing of your personal data and the operations we carry out with your personal data.

As a Courier, you must make sure that you comply with the General Data Protection Regulation – GDPR, the provisions of the Privacy Policy and other applicable laws concerning privacy and personal data protection.


  1. Intellectual Property

All texts, images, music, videos, animations, trademarks, patterns, charts, visual interfaces, and code, including but not limited to the ideas, design, structure, look-and-feel, expression, and display of all content in the Platform(the “Intellectual Property”), are legally owned, controlled, or legitimately authorized to be used by Ondway. You shall not use the Intellectual Property for any purposes not expressly set out in these Terms, in any way, without Ondway's prior written consent.

You agree not to modify, copy, reverse engineer, decompile, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Intellectual Property, information, or any content obtained from and through the Platform.

Authorising you or any Courier to access the Platform does not imply the waiver, transfer, licensing or full or partial assignment by Ondway of any Intellectual Property rights.

By uploading, commenting, or otherwise making available any material, information, or content to the Platform, you expressly grant or warrant that the intellectual property rights holder has expressly granted Ondway the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material, information, or content.

You must not upload, comment or otherwise make available on the Platform any material protected by copyright, trademark, or other proprietary rights without the express permission of the respective intellectual property rights holder.

If you infringe Ondway’s or a third-party’s intellectual property rights, Ondway reserves the right to terminate your Courier Account.

  1. Confidentiality

Every information shared with you, direct or indirectly, due to the Delivery, in the Platform or any other means, by Ondway, the Users or any third party, is strictly confidential. You shall keep such information confidential and not disclose it, directly or indirectly, to any third party, or use it in any way that is not necessary for the Delivery.

The confidential information shared with you might include, but is not limited to, the Recipient and User’s personal data, the collection and delivery addresses and information related to the Goods delivered.

 For the purposes of these Terms, confidential information does not include information that (a) was previously known by you, without any obligation of confidentiality; (b) was lawfully disclosed by a third party to you without any obligation of confidentiality; or (c) is or becomes available to the general public without any breach of confidentiality obligations.

  1. Usage Interruption and Termination

You may, at any time, terminate your Courier Account by notifying Ondway with fifteen (15) days notice, through the procedure available on the Platform. After this period, any standing Courier Fee will be paid within the timeframe indicated on the Platform, your Courier Account will be deleted, and your usage of the Platform will be interrupted.

However, you shall not terminate your Courier Account during any ongoing or programmed Deliveries. If you do so, we may investigate if this action led to any material loss or damage to the User or Ondway and may charge you a Penalty Fee if one is detected, notwithstanding other remedies available to Ondway and/or to the User.

We have the right to terminate these Terms and delete your Courier Account at any time if we suspect that you have breached these Terms, regardless of prior notification. In this situation, you acknowledge that Ondway may charge you a Penalty Fee.

In the case of termination of your Courier Account, for any reason, you forfeit any rights, obligations or liability acquired in consequence of your previous acceptance of these Terms.

  1. General

You understand and agree that when you download the Ondway mobile application, you may also be subject to the terms of use and policies of the relevant App Store (Google Play Store or Apple Store) from which you download the Platform. Please review those terms of use and policies very carefully.

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Ondway, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

If any provision of this agreement is found to be illegal, void, invalid or unenforceable, in whole or in part, in any respect, the remaining provisions of these Terms will remain operative and in full force and effect and will not be affected, prejudiced, or disturbed thereby.

If Ondway fails to uphold or demand the strict execution of these Terms, this should not be deemed as a waiver or modification of any rights pertaining to the execution of these Terms, or the Terms themselves.

Ondway reserves the right, at our sole discretion, to alter, update or replace any part of these Terms without any prior notice. When we publish an updated version of these Terms, we will inform you by e-mail and/or on the Platform message system. If you do not agree with any of the amended Terms, please do not access or use Ondway. Nonetheless, your continued use of or access to the Platform following any amendments or changes to these Terms will be deemed as and constitute acceptance of such amended or changed Terms.

  1. Dispute Resolution Process

Any dispute or controversy which may arise between you and Ondway out of or in relation to these Terms or the Platform shall be governed by the laws of the Republic of Ireland, regardless of principles of conflicts of laws, and submitted to the exclusive jurisdiction of the courts of Dublin, Ireland.

You agree to waive any jurisdictional, venue or inconvenient forum defences for purposes of resolving disputes hereunder.