Courier Terms of Service

Effective on the date a Courier listing is created

Section 15 of these Terms contains an arbitration agreement. It applies to claims between the Courier and the Platform. Please read it carefully.

1 The Platform’s role

These Courier Terms of Service (the “Terms”) are a binding legal agreement between the Courier and Stalk Market Distributions, LLC, governing the listing and operation of a Courier on Stalk Market, a local food and goods marketplace operated by Stalk Market Distributions, LLC, a Colorado limited liability company (the “Platform”). “Courier” means the person or entity performing deliveries. “Node” means a collection location listed on the Platform. “Member” means a person purchasing a Share.

1.1 What the Platform does

The Platform displays the Courier to Nodes, shows runs a Node has offered, records acceptance and completion of a run, and passes the Member address needed to complete it.

1.2 What the Platform does not do

The Platform does not set delivery rates, assign runs, require acceptance of any run, set hours, specify routes or vehicles, or guarantee any volume of work. It does not pay the Courier.

1.3 Independence

The Courier is responsible for its own taxes, insurance, licensing, vehicle, fuel, and equipment, and for any person it engages to assist.

1.4 Documents that apply

Where a document listed above conflicts with these Terms on a matter it specifically governs, that document controls. Until a listed document has been published, these Terms govern its subject matter in full.

1.5 Changes to these Terms

The Platform may revise these Terms. Where a revision affects the Courier’s obligations, at least thirty (30) days’ prior written notice is given. Other revisions take effect on publication.

2 Listing as a Courier

2.1 Registration

A Courier lists by providing its name, service area, contact details, and the information required by Section 3. The Courier is responsible for keeping those details current.

2.2 Eligibility

The Courier represents that it is at least eighteen (18) years of age, holds a valid driver license where a vehicle is used, and is lawfully permitted to perform delivery work.

2.3 Verification

The Platform may require evidence of license, insurance, and identity before a listing goes live, and may require it again at any time. Verification is a condition of listing and is not an endorsement of the Courier.

3 Vehicle, insurance, and licensing

3.1 Vehicle

The Courier supplies its own vehicle, maintains it in roadworthy condition, and ensures it is suitable for the goods carried, including any temperature control needed to keep chilled or frozen goods at temperature in transit.

3.2 Insurance

The Courier maintains motor insurance meeting Colorado minimum requirements, and cover appropriate to commercial delivery use where its policy would otherwise exclude it. Proof is provided on reasonable request.

3.3 Licensing and food handling

The Courier obtains any permit or certification required to transport food in its jurisdiction, and follows applicable food transport requirements. Information the Platform provides about legal requirements is general and for convenience only.

4 Runs

4.1 Offer and acceptance

The Platform generates a delivery sheet from Member orders and makes it available to Couriers serving that area. The Courier may accept or decline any run for any reason. Declining a run does not affect the Courier’s listing, its standing, or the runs shown to it.

4.2 Completing a run

On accepting a run, the Courier collects the prepared Units from the Node, carries them to the Member addresses on the delivery sheet, and records each delivery through the Platform on completion. The Node prepares and hands over the Units; it does not dispatch, route, or supervise the Courier.

4.3 Temperature and condition

The Courier keeps chilled and frozen goods at temperature for the duration of the run, and refuses or reports any Unit that is not fit to carry when collected.

4.4 Undeliverable Units

Where a Member is not present and no safe instruction applies, the Courier returns the Unit to the Node and records the outcome. The Courier does not leave perishable goods contrary to a Member’s stated instruction.

4.5 Cancelling an accepted run

Where the Courier cannot complete an accepted run, it releases the run through the Platform and notifies the Node as soon as practicable, so that the run can be taken up by another Courier.

5 Payment

5.1 Paid by the Node

5.2 Records

The Platform records the runs a Courier completed and makes that record available to the Courier and the Node. The record is evidence of what was delivered; it is not an invoice and does not create a payment obligation on the Platform.

5.3 Disputes over payment

A payment dispute is between the Courier and the Node. The Platform will provide its delivery records to either party on request.

6 Conduct

• Deliver promptly and courteously, and follow reasonable Member instructions.
• Handle food safely and keep goods at temperature.
• Use Member addresses and contact details only to complete a run, and for nothing else afterward.
• Do not solicit Members or Nodes to transact outside the Platform for the same deliveries.
• Do not discriminate against a Member on the basis of race, color, national origin, religion, sex, disability, familial status, or any other protected characteristic.
• Do not deliver while impaired, and do not permit another person to perform a run on the Courier’s listing without notifying the Node.

The Platform may suspend or remove a listing for breach, and will state its reasons. Where a Member or Node reports conduct presenting an immediate risk to a person, the Platform may suspend a listing pending enquiry.

7 Member data

A Courier receives a Member’s name, address, and delivery instructions for the purpose of completing a run. That information is used for that run and no other purpose, is not retained beyond what is needed to complete and evidence the delivery, and is not disclosed to any third party.

8 Risk and responsibility

8.1 Loss or damage in transit

Units are in the Courier’s care from collection at the Node until delivery to the Member or return to the Node. Loss or damage occurring in that period is a matter between the Courier and the Node.

8.2 The Platform gives no warranty

The Platform does not inspect Units, does not verify their condition at collection, and gives no warranty as to what is carried. It does not warrant that any volume of runs will be offered.

8.3 Release

The Courier releases the Platform from claims arising out of any dispute with a Node, a Steward, or a Member, and from the condition of anything carried.

9 Suspension and termination

9.1 Ending a listing

A Courier may close its listing at any time. Any run already accepted is completed or handed back to the Node before the listing closes.

9.2 Removal by the Platform

The Platform may remove a listing for breach of these Terms, loss of a required license or insurance, or conduct presenting a risk to a person. The Platform states its reasons and, except where a safety issue or legal requirement applies, gives fourteen (14) days’ notice.

9.3 Appeals

A Courier may appeal a suspension or removal within thirty (30) days by written notice. The Platform reviews the decision and responds in writing.

10 Definitions

Unit — The smallest fulfillment unit a Steward lists — a case, box, bag, dozen, cord, or session.

Run — A set of deliveries offered by a Node and accepted by a Courier.

Node — A collection location listed on the Platform at which Units are held and from which runs begin.

Member — A person who has purchased a Share and is entitled to receive Units.

11 Limitation of liability

To the maximum extent permitted by law, the Platform is not liable for indirect, incidental, special, or consequential damages, or for loss of earnings. The Platform’s aggregate liability under these Terms is limited to one hundred dollars ($100.00), reflecting that the Platform receives no payment from the Courier and pays none to it.

12 Indemnity

The Courier will indemnify and hold harmless the Platform from claims, damages, and costs arising from its performance of runs, its operation of a vehicle, its handling of goods, or its breach of these Terms.

13 The software

The Platform is provided “as is” and “as available.” The Platform does not warrant that the software will be uninterrupted, error-free, or free of loss of data, and may modify, suspend, or discontinue any feature. Planned interruption is notified where practicable.

14 Force majeure

Neither party is liable for delay or failure caused by circumstances beyond its reasonable control, including drought, flood, frost, fire, crop failure, livestock disease, pest infestation, epidemic, labor shortage, failure of utilities or transport, or governmental order.

15 Dispute resolution

The parties will first attempt good-faith negotiation for thirty (30) days, then non-binding mediation before a mutually agreed mediator with costs borne equally. Any remaining dispute goes to binding arbitration in Boulder County, Colorado, administered by the American Arbitration Association under its Commercial Arbitration Rules. Colorado law governs.

Either party may bring a claim in small claims court or any court of competent jurisdiction without first completing mediation or arbitration.

16 Survival

The following survive closure of a listing or termination of these Terms: Section 7 (Member data), Section 8 (risk and responsibility), Sections 11 to 15, and any obligation in respect of a run already accepted.

17 General provisions

These Terms, together with the documents listed in Section 1.4, are the entire agreement and supersede prior discussions. If any provision is held unenforceable, the remainder continues. Failure to enforce on one occasion does not waive later enforcement. A Courier may not transfer its listing. Notices go by email to the address on the account.