DRIVERZ Agreement

Effective July, 2020

This agreement (the “Agreement”) is made and entered between you (“Driver” or “you”), an independent driver engaged in the business of performing transport and/or delivery services, and EVRIDERZ Operations (Thailand) Limited (“EVRIDERZ”).

IMPORTANT: PLEASE NOTE THAT TO USE THE EVRIDERZ PLATFORM AS A RIDER, YOU MUST AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW. BY DIGITALLY SIGNING THIS AGREEMENT, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT BUSINESS DECISION.

Recitals

EVRIDERZ provides a mobile app and web-based technology platform that connects customers, retail stores, and restaurants, with independent riders to facilitate on-demand transport and/or delivery services (the “EVRIDERZ Platform” or “Platform”). Through the EVRIDERZ Platform, customers may request transport services or that merchandise or food be delivered to a specific location. Independent Drivers can access the EVRIDERZ Platform and receive Transport and/or Delivery Opportunities (as defined in section 3A. below). EVRIDERZ is not a retail store, restaurant, food delivery service provider, merchandise delivery service provider, or food preparation entity. Driver is a fully-licensed, independent provider of transport and/or delivery services, authorized to conduct the transport and/or delivery services contemplated by this Agreement in the geographic location(s) in which Driver operates. Driver is in lawful possession of all equipment (including a motor vehicle) necessary to perform the transport and/or delivery services contemplated by this Agreement in accordance with all applicable laws. Driver desires to enter into this Agreement for the right to access the EVRIDERZ Platform to receive Transport and/or Delivery opportunities (as defined in section 3A. below). When performing services pursuant to the terms of this Agreement, Driver understands and expressly agrees that Driver is not doing so as an employee, representative, agent, joint venturer or partner of EVRIDERZ, any   (as defined in Section 3A below), or customer. Driver understands that Driver is free to select those times Driver wishes to be available on the EVRIDERZ Platform to receive Transport and/or Delivery Opportunities (as defined in section 3A. below) and to select only those transports and/or deliveries Driver wishes to select.

In consideration of the above recitals and the mutual promises below, and for other good and valuable consideration, EVRIDERZ and Driver (collectively “the Parties”) agree as follows:

  1. Purpose of Agreement

1A. This Agreement governs the entire relationship between EVRIDERZ and Driver, and establishes the Parties’ respective rights and obligations applicable to the “Transport and/or Delivery Opportunities” (as defined in Section 3A below) made available to Driver through the Platform. In exchange for the promises contained in this Agreement, Driver shall have the contractual right and obligation to perform those Transport and/or Delivery Opportunities that Driver accepts (“Transports and/or Deliveries”, defined in Section 3A below).

1B. Per the terms of this Agreement, Driver shall be contractually bound to complete the Transports and/or Deliveries in accordance with any specifications provided by the customer and/or Merchant (as defined in Section 3A below).

  • Driver’s Services

2A. Driver agrees and represents that Driver is an independent provider of transport and/or delivery services, and that Driver satisfies all legal requirements necessary to perform the services contemplated by this Agreement. As an independent rider, Driver shall be solely responsible for determining how to lawfully perform Transports and/or Deliveries (as defined in Section 3A below).

2B. Driver agrees to fully perform all Transports and/or Deliveries (as defined in Section 3A below) accepted in a timely, efficient, safe and lawful manner. EVRIDERZ shall have no right to, and shall not, supervise, direct or control Driver, or control the manner or prescribe the method Driver uses to perform Transports and/or Deliveries (as defined in Section 3A below), and the general public and all governmental agencies regulating the activities contemplated by this Agreement shall be so informed. Driver shall be solely responsible for determining the most effective, efficient, satisfactory, and safe manner to perform Transports and/or Deliveries (as defined in Section 3A below), including determining the manner of pickup, delivery, and rout

e selection. The Parties acknowledge and agree that those provisions of the Agreement reserving ultimate authority in EVRIDERZ have been inserted solely to achieve compliance with laws, regulations, and interpretations thereof and/or to ensure the safety of the Platform for all users.

2C. Driver expressly acknowledges and agrees that as a separately established provider of transport and/or delivery services, Driver retains the right to perform services for others and to hold itself out to the general public as a separately established provider of transport and/or delivery services. Nothing in this Agreement shall prevent Driver or EVRIDERZ from engaging in similar arrangements or business with others. EVRIDERZ neither has nor reserves the right to restrict Driver at any time from performing transport and/or delivery services for other entities, or customers, even should such business directly compete with EVRIDERZ. Provided Driver can meet the customer’s specifications, and unless prohibited by law, nothing in this Agreement shall prohibit Driver from carrying and/or delivering persons and/or goods for other(s) of Driver’s customers at the same time while transporting and/or delivering orders requested by customers through the EVRIDERZ Platform. Similarly, Driver is not limited in any way from being actively logged onto online platforms other than the EVRIDERZ Platform while actively logged onto the EVRIDERZ Platform, subject only to the limitation that Driver’s use of other online platforms may not prevent Driver’s ability to timely, efficiently and safely complete any Transports and/or Deliveries (as defined in Section 3A below) Driver has accepted through the EVRIDERZ Platform.

2D. Driver is not required to purchase, lease, or rent any products, equipment from EVRIDERZ as a condition of doing business with EVRIDERZ or entering into this Agreement.

2E. Driver agrees that to ensure the safety of the EVRIDERZ Platform, EVRIDERZ shall require that Driver submit to and pass a background check before Driver receives access to the EVRIDERZ Platform or is given continued access to the Platform. Additionally, Driver agrees that, in accordance with applicable law and at EVRIDERZ’s sole discretion, periodically during the Term of this Agreement (as defined in Section 11 below), EVRIDERZ may require that Driver submit to and pass additional background check(s). EVRIDERZ agrees that any such check(s) may be conducted only with Driver’s consent (as applicable) and in accordance with applicable law.

2F. On occasion, EVRIDERZ may offer Driver different promotions or referral programs. Driver agrees not to abuse or manipulate the referral programs or promotions including giving promotion or discount directly to the customers or data mining. Driver  acknowledges that Driver’s abuse or manipulation of the referral programs or promotions shall be deemed a material breach of this Agreement and shall result in the termination of the Agreement, the loss of Driver’s right to receive Transport and/or Delivery Opportunities, and deactivation of the Driver’s account on the EVRIDERZ Platform.

2T. Driver agrees and undertakes that that Driver shall comply with all applicable laws (including any new laws or regulations at such time) at all time during the Term of this Agreement in relation to the performance under this Agreement.

  • Transports and/or Deliveries

3A. While Driver is actively logged onto the EVRIDERZ Platform, the Platform will, from time to time, notify Driver of the opportunity to complete transports as ordered by customers through the Platform and/or deliveries from a specific location to a specific location as ordered by customers through the Platform (each, a “Transport and/or Delivery Opportunity”). With respect to each Transport and/or Delivery Opportunity accepted by Driver (a “Transport and/or Delivery”), Driver agrees to transport the customer or to retrieve the delivery order from restaurants and/or retail locations, (collectively “Merchants”) and/or any specific person/locations and deliver the order to customers in a timely fashion. Driver understands that the customer, not EVRIDERZ, determines the content of the Transport and/or Delivery. Driver understands that EVRIDERZ shall have no right to, and shall not, supervise, direct, or control the manner or prescribe the method Driver uses to perform the Transport and/or Delivery. Driver understands and agrees that the parameters of each Transport and/or Delivery are established by the customer, not EVRIDERZ, and represent the end result desired, not the means by which Driver is to accomplish the end result.

3B. Driver agrees that EVRIDERZ has discretion regarding which, if any, Transport and/or Delivery Opportunities to offer Driver, just as Driver has the discretion whether and to what extent to accept any Transport and/or Delivery Opportunity.

3C. Driver agrees that if Driver accepts a Transport and/or Delivery Opportunity that includes alcohol, Driver is solely responsible for ensuring that the Delivery complies with all laws, including but not limited to ensuring that  the individual accepting the delivery is the individual who placed the order, has provided valid identification, is 20 years old or older, and is not intoxicated.

3D. Driver authorizes EVRIDERZ, during the course of a Transport and/or Delivery, to communicate with Driver, customer and/or Merchant to assist Driver, to the extent permitted by Driver, in facilitating transports and/or deliveries. However, under no circumstances shall EVRIDERZ be authorized to control the manner or means by which Driver performs a Transport and/or Delivery.

3F. In the event Driver fails to fully perform any Transport and/or Delivery due to Driver’s action or omission (a “Service Failure”), EVRIDERZ reserves the right to recover any costs incurred by EVRIDERZ related to the Service Failure . If Driver fails to complete a return of any item that cannot be delivered (a “Return Failure”), EVRIDERZ reserves the right to recover any costs incurred by EVRIDERZ related to the Return Failure. If Driver disputes responsibility for a Service Failure or Return Failure, the dispute shall be resolved pursuant to the “Payment Disputes” provision in Section 5 below.

  1. Transport, Delivery Fees, and Service Fees

Delivery Fees

4A. EVRIDERZ agrees to use its best efforts to establish transport and/or delivery fees to be paid from the customers to Driver (“Delivery Fees”) for each locality and time slot that will maximize the Transport and/or Delivery Opportunities available to Driver. Driver will receive notice of how transport and/or Delivery Fees are calculated prior to accepting Transport and/or Delivery Opportunities. Driver understands that Delivery fees paid through the Platform may vary depending on customer demand including (where applicable) cash, credit or debit card, the balance of their electronic wallet or by using any vouchers. EVRIDERZ may, but is not obligated to, offer Driver additional incentives to complete particular Transport and/or Delivery Opportunities.

4B. For cash payments of Delivery Fees, customers will pay the Delivery Fees payable to Driver and any other amounts payable by customers to EVRIDERZ directly to Driver. For this purpose, You agree to collect any amounts payable by customers to EVRIDERZ on behalf of EVRIDERZ and will pay such amounts to EVRIDERZ within the next day, and that EVRIDERZ is also entitled to deduct such amounts with any other amounts Driver owe to EVRIDERZ (including the Service Fees) including any amount from an electronic wallet of Driver (if any)

4C. For any non-cash payments of Delivery Fees, the amount of the Delivery Fees, after deduction of any amounts Driver owe to EVRIDERZ (including the Service Fees), will be transmitted to Driver via direct deposit no later than seven (7) days after Rider successfully completes the related Transport and/or Delivery through the Platform.

Service Fees

4D. EVRIDERZ will receive a service fee equal to a certain percentage of the fee component of the Delivery Fees (which for clarity does not include any tolls, road-usage charges, parking charges, or building or area entrance charges) received or receivable by Driver, on a per-transaction basis, as payment for Driver’s use of the services from EVRIDERZ under the Platform (“Service Fees”). Service Fees shall be inclusive of VAT. Service Fees are non-refundable. The relevant percentage will be calculated via the Platform from time to time and may be applied at any time by EVRIDERZ. EVRIDERZ may update the basis on which the Service Fees are calculated via the Platform, at any time in its absolute discretion. Any such update will be notified to Driver. Any Service Fees payable to EVRIDERZ on or after the date on which the update takes effect will be subject to the updated calculation. As part of the services from EVRIDERZ to Driver, the Platform will generate a receipt for each instance of Transport and/or Delivery on Driver’s behalf, documenting the Delivery Fees payable by the customers in each instance

4E. Nothing in this Section 4 is intended to limit the Parties’ ability during the Term of this Agreement (as defined in Section 11 below) to mutually agree to a payment structure different than that described herein.

  1. Payment Disputes

5A. Driver’s Failure: In the event there is a Service Failure and/or Return Failure,  EVRIDERZ may forfeit all or a portion of the fee relating to that Transport and/or Delivery (depending on the extent of the performance failure). Any reduction in the Delivery Fee shall be based upon proof provided by the customer, Merchant, Driver, and any other party with information relevant to the dispute. EVRIDERZ shall make the initial determination as to whether such Service Failure and/or Return Failure was the result of Driver’s action/omission and, if so, what percentage of fault Driver shall bear (and, therefore, what percentage of the Delivery Fee Driver shall be paid). Driver shall have the right to challenge EVRIDERZ’s determination as described in the provisions set forth in Sections 10 below.

5B. EVRIDERZ’s Failure: In the event EVRIDERZ fails to remit payment of Delivery Fees in a timely or accurate manner, Driver shall have the right to seek proper payment by any legal means contemplated by this Agreement; provided, however, Driver first informs and provides 30 day prior notice to EVRIDERZ in writing of the failure and provides a reasonable opportunity to cure it.

  1. Driver’s Equipment

6A. Driver certifies that Driver has all equipment, licenses, permits including motor vehicles, scooters and bicycles, when applicable (“Equipment”) necessary to perform Transports and/or Deliveries. When Driver uses a vehicle or scooter to perform a Transport and/or Delivery, Driver is solely responsible for ensuring that the vehicle or scooter used conforms to all vehicle laws pertaining to safety, equipment, inspection, insurance, and operational capability.

6B. Driver is responsible for all costs and expenses arising from Driver’s performance of Transports and/or Deliveries, including, but not limited to, traffic tickets, tolls, parking fees, inspections, insurance, and any other costs related to Equipment. Except as otherwise required by law, Driver assumes all risk of damage or loss to its Equipment.

  1. Relationship of Parties : Not Employee

7A. The Parties acknowledge and agree that this Agreement is between independent riders that are separately owned and operated. The Parties intend this Agreement to create the relationship of principal and independent Driver and not that of employer and employee. The Parties are not employees, representatives, agents, joint venturers or partners of each other for any purpose. Neither party shall have the right to bind the other by contract or otherwise except as specifically provided in this Agreement.

  1. Insurance

8A. As a condition of doing business with EVRIDERZ, and at Driver’s own expense, Driver shall, during the Term of this Agreement (as defined in Section 11 below), maintain current insurance of the types and in the amounts required by law in the jurisdiction in which Driver operates to perform Driver’s services as contemplated by this Agreement. This includes, but is not limited to, vehicle insurance that satisfies the minimum vehicle insurance coverage amounts and types required by law. EVRIDERZ may offer Driver the opportunity to participate in certain group insurance plans made available by third party providers to transport and/or delivery service providers like Driver who use the EVRIDERZ Platform; However, Driver is under no obligation to participate in such plans.

8B. Driver is solely responsible for conducting the appropriate research and consultation necessary to determine the insurance types and amounts Driver must maintain. Driver acknowledges that Driver’s failure to secure or maintain satisfactory insurance coverage, including but not limited to vehicle insurance if applicable, shall be deemed a material breach of this Agreement and shall result in the termination of the Agreement, the loss of Driver’s right to receive Transport and/or Delivery Opportunities, and deactivation of the Driver’s account on the EVRIDERZ Platform.

8C. Workers’ Compensation/Occupational Accident Insurance: Driver agrees that Driver will not be eligible for workers’ compensation benefits through EVRIDERZ, and instead, shall be responsible for providing Driver’s own workers’ compensation insurance or occupational accident insurance, if permitted by law.

8D. Notification of Coverage: In the event EVRIDERZ wishes to do so, Driver agrees to deliver to EVRIDERZ, upon request, current certificates of insurance as proof of coverage within three (3) days after the date of EVRIDERZ’s request. Driver agrees to produce and deliver updated certificates each time Driver purchases, renews, or alters Driver’s insurance coverage. Driver agrees to give EVRIDERZ at least thirty (30) days’ prior written notice before cancellation of any insurance policy required by this Agreement. EVRIDERZ reserves the right to require Driver to identify EVRIDERZ as an additional insured on Driver’s vehicle insurance and Driver will be required to do so within seven (7) days after the date of EVRIDERZ’s request.

  1. Indemnity

9A. Driver agrees to indemnify, protect, and hold harmless EVRIDERZ, including all parent, subsidiary, and/or affiliated companies, as well as its and their past and present successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees, from any and all claims, demands, damages, lawsuits, losses, liabilities and causes of action arising directly or indirectly from, as a result of or in connection with, the actions of Driver arising from the performance of Transports and/or Deliveries under this Agreement, including but not limited to, personal injury to or death of any person (including Driver), as well as any liability arising from Driver’s failure to comply with the terms of this Agreement. Driver’s obligations to pay hereunder shall include the cost of defense, including attorneys’ fees, as well as the payment of any final judgment rendered against or settlement agreed upon by EVRIDERZ or its parent, subsidiary, and/or affiliated companies.

9B.Driver agrees to indemnify, protect, and hold harmless EVRIDERZ, including all parent, subsidiary, and/or affiliated companies, as well as its and their past and present successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees from any and all tax liabilities and responsibilities for payment of all taxes, including, but not limited to all payroll taxes, self-employment taxes, workers’ compensation premiums, and any contributions imposed or required under law, that are owed by Driver with respect to Driver’s providing transport and/or delivery services through the EVRIDERZ Platform.

9C. Driver agrees to be responsible for, indemnify, and hold harmless EVRIDERZ, including all parent, subsidiary, and/or affiliated companies, as well as its and their past and present successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees from all costs of Driver’s business, including, but not limited to, the expense and responsibility for any and all applicable insurance, licenses, permits, taxes, and assessments of any and all regulatory agencies, boards or municipalities.

  1. Dispute Resolution

10A. To expedite resolution and reduce the cost of any dispute, controversy, or claim related to this Agreement or otherwise arising from the relationship between Driver and EVRIDERZ, the Parties mutually agree to first attempt to negotiate in good faith any dispute for at least thirty (30) days before initiating any court proceeding in Section 10B. Such informal negotiations will commence upon written notice of any dispute by either Party. Driver’s address for such notices is Driver’s most recent address on file with EVRIDERZ as provided by Driver.

10B. Any dispute, controversy, or claim related to this Agreement or otherwise arising from the relationship between Driver and EVRIDERZ shall be finally settled by Thai court.

  1. Term and Termination of Agreement

11A. This Agreement shall remain in full force and effect for a term of two (2) years from the date it is accepted by Driver (“Term”) and may not be terminated early without penalty except in the following limited circumstances:

  1. Upon the mutual written consent of the Parties hereto (with electronic communication satisfying this requirement), with the mutually agreed-upon termination date stated in the written notice.
  2. By EVRIDERZ, upon thirty (30) days’ written notice to Driver, if Driver has not performed a transport and/or delivery for a period of at least four (4) months (with electronic communication satisfying this requirement), with the date of termination at the last date of the thirty (30) day period.
  3. By EVRIDERZ, in the event of a change in control or cessation of its operations in Driver’s market/business, upon thirty (30) days’ written notice to the Driver (with electronic communication satisfying this requirement), with the date of transmission commencing the thirty (30) day period.
  4. If one party has materially breached the Agreement, immediately upon written notice to the breaching party (with electronic communication satisfying this requirement), with such notice specifying the breach relied upon.

DriverUpon the termination of this Agreement and upon written notice, EVRIDERZ may deactivate Driver’s account.

11B. Including but not limited to, the following acts and/or occurrences shall constitute a material breach of this Agreement:

  1. Failure by Driver to maintain current insurance coverage in the amounts and types specified herein or as required by law.
  2. Failure by Driver to maintain the minimum customer star rating applicable in the Platform as of the date Driver accepts this Agreement.
  3. Failure by Driver to complete a Transport and/or Delivery without waiver of the obligation by the customer or EVRIDERZ
  4. Failure by Driver to maintain all licenses, permits, authorities, registrations and/or other prerequisites to operate that are required by law and/or this Agreement.
  5. Any act by a Party that causes the other party to violate its obligations under any applicable state, federal or local law.
  6. illegal or destructive acts, including but not limited to fraud or theft, engaged in by Driver.
  7. Failure by Driver to provide services in a manner consistent with EVRIDERZ’s effective operation of the EVRIDERZ Platform.
  8. Abuse or manipulate the referral programs or promotions by Driver under Section 2F.

11C. Early termination of this Agreement by EVRIDERZ without proper notice (as established in subsection A above) shall result in liquidated damages of $10 for each day that notice is not properly provided to Driver under subsection A above, up to a maximum amount of $100. The Parties acknowledge that liquidated damages are appropriate because actual damages are not reasonably ascertainable.

11D. A party that receives notice of termination must continue to fulfill its obligations under this Agreement for the entire notice period. Failure to perform shall constitute early termination and shall subject the party to the liquidated damages provision in subparagraph C above. By executing this Agreement, Driver agrees that any liquidated damages, amount of claims, liabilities, payments, or payable which Driver is responsible for in relation to this Agreement, assessed against it may be deducted from any amount Driver is owed including Delivery Fees, unless otherwise prohibited by law.

11E. Other than for failure to maintain the minimum customer star rating, or illegal or destructive acts, in the event Driver disputes that he or she materially breached this Agreement, Driver may challenge EVRIDERZ’s decision using the dispute resolution process described in Section 10, above. In all such instances, the parties will be responsible for their own attorneys’ fees and costs, subject to any remedy to which they may be entitled under applicable law and which would otherwise be available in a court of law.

11F. If not terminated, the Agreement shall be automatically renewed for successive two-year terms, unless terminated by either party as described in Sections 11A and 11B.

11G. Driver’s and EVRIDERZ’s obligations and rights arising under Section 2, 5, 6, 7, 8, 9, 10, 11, 12 and 13 of this Agreement shall survive termination of this Agreement and deactivation of Driver’s account.

  1. Entire Agreement, Transferability, and Waiver

12A.This Agreement shall constitute the entire agreement and understanding between the Parties with respect to the subject matter of this Agreement and shall not be modified, altered, changed or amended in any respect, unless in writing and executed by both Parties. This Agreement supersedes any prior contract between the Parties. To the extent EVRIDERZ’s Terms of Service Agreement (as may be periodically updated) is inconsistent or conflicts with this Agreement, this Agreement shall supersede. This Agreement may not be assigned by either party without written consent of the other, however, that EVRIDERZ may assign its rights and obligations under this Agreement to an affiliate of EVRIDERZ, any successor(s) to its business, its lender, and/or purchaser of all or substantially all of its stock or assets. References in this Agreement to EVRIDERZ shall be deemed to include such successor(s).

12B. The failure of EVRIDERZ or Driver in any instance to insist upon a strict performance of the terms of this Agreement or to exercise any option herein, shall not be construed as a waiver or relinquishment of such term or option and such term or option shall continue in full force and effect.

  1. Miscellaneous

13A. No Services Required. Nothing in this Agreement requires a Driver to provide any services to EVRIDERZ. Driver may cease accepting Transport and/or Delivery Opportunities at any time without providing EVRIDERZ notice of Driver’s intention to stop performing .

13B. Captions. Captions appearing in this Agreement are for convenience only and do not in any way limit, amplify, modify, or otherwise affect the terms and provisions of this Agreement.

13C. Savings Clause. If any part of this Agreement is declared unlawful or unenforceable, the remainder of this Agreement shall remain in full force and effect.

13D. Force Majeure. The performance of the obligations of this Agreement on the part of either EVRIDERZ or Driver shall be excused by reasons of closing of public highways, changes in operations, strikes or work stoppages, weather conditions that make operations unsafe or impractical, acts of god, or the temporary or permanent cessation of business by EVRIDERZ or Driver.

13E. Communications. Driver agrees that EVRIDERZ or its representatives may contact Driver by app, email, phone, push notifications or SMS or any other social media (including by use of an automatic telephone dialing system) at the email address, phone or phone number or any other social media Driver provides, including for marketing purposes. Driver also agrees and understands that he or she cannot receive Transport and/or Delivery Opportunities and thus cannot provide services on the Platform unless SMS and push notifications are enabled.

13F. Conflict of Terms Clause. In case of any inconsistency or conflict between the terms and conditions of this Agreement and those of the privacy policy or terms of service, the terms of this Agreement shall supersede.

13G. Privacy Policy. Driver represents and warrants that he or she has reviewed, understands and agrees to the EVRIDERZ’s privacy policy​and which are expressly incorporated herein by reference.

13H. Terms of Service. Driver represents and warrants that he or she has reviewed, understands and agrees to the EVRIDERZ’s terms of service​and which are expressly incorporated herein by reference.

13I. Use of This Agreement in Court. This agreement in Court may be pleaded as a full and complete defense to any causes of action that may be instituted, prosecuted or attempted for, upon, or in respect of any of the claims released pursuant to this Agreement.

13J. Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the Parties to it, as defined by its terms, and their heirs, successors and assigns. No other person or entity shall be a direct or indirect beneficiary of or have any direct or indirect cause of action or claim in connection with this Agreement, or any document executed pursuant to its terms.

13K. Preparation of Agreement. This Agreement is the product of negotiation by and among the Parties and their opportunity to consult with their respective attorneys. The Parties, therefore, expressly acknowledge and agree that this Agreement shall not be deemed prepared or drafted by one Party or another, and will be construe by the Parties accordingly.

13L. Further Necessary Steps. The parties shall take all further steps and execute all additional documents that may reasonably be required to effectuate the intent and purposes of this Agreement.

13M. Agreement Binding on Successors, Heirs, and Assigns. This Agreement shall be binding on and inure to the benefit of the Parties, their heirs, successors and assigns.

13N. Limitation of Liability. Notwithstanding any provisions in this Agreement to the contrary, except for willful or gross negligent, EVRIDERZ shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, loss of use, lost profits, lost data, lost business, lost goodwill, lost contracts or lost opportunity, arising from, related to or otherwise in connection with this Agreement. In no event shall EVRIDERZ’s maximum aggregate liability arising under and in connection with this Agreement exceed the Service Fees paid to EVRIDERZ in the six (6) month period immediately preceding the event giving rise to the claim.

13O. Confidentiality. Any information obtained by Driver from EVRIDERZ (including its representatives and staffs) or from the Platform shall be considered confidential (“Confidential Information”). Driver will not disclose to a third party the Confidential Information, except: (a) information, which at the time of disclosure, is generally available to the public; (b) information, which after disclosure becomes generally available to the public by other party which is not Driver, or (c) the disclosure is required by laws

13P. Governing Law: The interpretation of this Agreement and all matters relating hereto shall be governed by Thai law.

A copy of this Agreement can be found at https://evriderz.com/terms-policies/driverz-agreement/.

By entering into this Agreement, I represent that I understand and agree that I will perform services under this Agreement as an Independent Driver, not an employee. By entering into this Agreement, I represent that I have read and understand and agree to the provisions as described herein. 

If you disagree with any of the terms of this Agreement, please visit the EVRIDERZ Website and contact support to negotiate those terms with EVRIDERZ BEFORE accepting this Agreement. 

By entering into this Agreement, I expressly acknowledge and agree that I have read and fully understand the provisions of this Agreement, I had sufficient time and opportunity to consult with legal and tax advisors before executing this Agreement, I am legally competent to enter into this Agreement, and I agree to be bound by this Agreement.