Terms and Conditions – Delivery Partners

These Terms and Conditions (the “Terms and Conditions”) applicable to Delivery Partners (as defined below) regulate the access and/or use that you make in your capacity (as a natural person), of the RAPDO virtual platform from the Republic of Costa Rica, composed of a website and an application for mobile devices (the “Platform”), through which products and services are displayed, made available by 3-102-841630, S.R.L. a company with legal entity number 3-102-841630, (hereinafter, “RAPDO”).

RAPDO facilitates intermediation between natural and/or legal persons (hereinafter, “Consumers”) who request a commissioned service (the “Service”) from you in your capacity as Delivery Partner (hereinafter, “Delivery Partner(s)). es)") who accept, at their own expense and risk as independent distributors as agents, to carry out the management of the order requested by the Consumer, in exchange for receiving remuneration from the Consumer as a benefit for said Service, all through access and use of the Platform, RAPDO being a third-party intermediary between Consumers and Delivery Partners. All the above, in accordance with and in compliance with these Terms and Conditions, as well as the terms and conditions of the Consumer.

The Delivery Partner has total and absolute freedom to determine the day, time and place in which he is willing to provide the Service. In this way, the Delivery Partner will determine personally and without consulting RAPDO at what time they decide to connect to the Platform to provide the Service, as well as the zones or times. This implies that the Delivery Partner is not subject to entering the Platform and/or accepting Services within any period and may or may not do so with the frequency they wish, without this implying the cancellation of their Account (as this term is defined further). forward).

RAPDO, through the Platform, carries out the following actions: i) displays different consumer products and services in an advertising manner so that they can serve as a reference for Consumers, ii) facilitates the meeting between Consumers and Delivery Partner to carry out the Service, iii) allows the use of the payment platform if necessary, and iv) serves as a means of sending communications between Consumers and Delivery Partners.

The conclusion of the contractual relationship between Consumers and Delivery Partners occurs with Consumers who are in the territory of the Republic of Costa Rica, paying an economic consideration, through the electronic payment system through the electronic platform made available by RAPDO. at the time of receipt of the products, at the Consumer's discretion. In this way, RAPDO limits itself to intermediating between Consumers and Delivery Partners.

Through the Platform, products are displayed, the purchase management of which is entrusted by the Consumers to the Delivery Partners, the former seeking to satisfy a private, personal, family or other need, and at no time do they intend for marketing, resale or any other type of commercial transaction or interest in the purchased products.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THE PLATFORM AND USING AND/OR ACCEPTING THE SERVICES. ANY PERSON WHO DOES NOT ACCEPT THESE TERMS AND CONDITIONS, WHICH HAVE A MANDATORY AND BINDING NATURE, MUST REFRAIN FROM ACCESSING AND USING THE PLATFORM AND MAY NOT BE REGISTERED OR CONSIDERED AS A DELIVERY PARTNER AND/OR ACCEPT THE SERVICES REQUESTED BY CONSUMERS. THE DELIVERY PARTNER ACKNOWLEDGES AND AGREES THAT BY ENTERING THE PLATFORM: (I) RAPDO DOES NOT PROVIDE COURIER, COURIER, TRANSPORTATION OF ANY SUBSTANCES, PRODUCTS OR MERCHANDISE, OR LOGISTICS SERVICES, (II) UNDER NO CIRCUMSTANCES WILL THE DELIVERY PARTNERS BE CONSIDERED EMPLOYEES BY RAPDO OR ANY OF ITS AFFILIATES, NOR WILL THE SERVICES PERFORMED BY THE DELIVERY PARTNER BE CONSIDERED TO BE ENCOMMENDED BY RAPDO; AND (III) YOU ACCEPT THE LATEST VERSION OF THE TERMS AND CONDITIONS WRITTEN HERE.

By accepting these Terms and Conditions, access and use by the Delivery Partner of the Platform for the provision of the Services requested by Consumers is regulated. If you do not accept these Terms and Conditions, you will not be able to access the Platform, nor will you be able to provide the Services to Consumers who request it. These Terms and Conditions expressly replace any previous agreements or commitments made between the parties. RAPDO may immediately modify or terminate these Terms and Conditions, as well as unilaterally stop offering or deny access to the Platform without cause, leaving you unable to accept the contracting of the Services by Consumers, whether in whole or in part, at any time and for any reason unilaterally without giving rise to any claim and/or compensation in their favor.

FIRST. Register

1.1. To connect to the Platform, the Delivery Partner must have a Smartphone with Android and/or IOS operating system or another device they own that is compatible with the Platform. In no case will the Smartphone and/or device in question be provided by RAPDO. By connecting to the Platform, the Delivery Partner as an independent delivery person, assumes at his own expense the costs that he incurs or may incur related to the connection through the telecommunications network provided by the access provider contracted by the Delivery Partner, and may only the Delivery Partner access the Platform through authorized means, upon acceptance of the Terms and Conditions.

1.2. The Delivery Partner must complete the registration form to attend a first introductory meeting with RAPDO where they will be advised on everything related to the use of the Platform (the “Meeting”).

1.3. Once the Meeting has been held, the Delivery Partner must complete a form with their personal information in an exact, precise and true manner (hereinafter the “Registry”), assuming the commitment to update the data recorded in the Registry (hereinafter the “Data Personal"). Likewise, it will be a necessary requirement that the Delivery Partner be over 18 years of age and must have the equipment and means of transportation necessary to fulfill the Service. For all purposes of Registration, the Delivery Partner must have a Smartphone with Android operating system.

1.4. Once Registration has been completed, RAPDO will grant the Delivery Partner a personal account to access the Platform with the password that said Delivery Partner chooses (the “Account”). The Delivery Partner will access their Account by entering their nickname and chosen personal security code. The Account is personal, unique and non-transferable, and it is prohibited for the same Delivery Partner to register or possess more than one Account. In the event that RAPDO detects or reasonably considers that different Accounts contain coincident or related data, it may cancel, suspend or disable all related Accounts without implying the right to claim any from the Delivery Partners who own the Accounts. The Delivery Partner will be solely responsible for the care of their Account, and for keeping their access codes protected.

1.5. The Personal Data entered by the Delivery Partner must be accurate, current and truthful at all times. RAPDO reserves the right to request any proof and/or additional data in order to corroborate the Personal Data, and to temporarily and/or permanently suspend any Delivery Partner whose data could not be confirmed within the time indicated by RAPDO. RAPDO is not responsible for the accuracy of the data recorded in the Registry since they are provided by the Delivery Partner. The Delivery Partner guarantees and is responsible, in any case, for the veracity, accuracy, validity and authenticity of their Personal Data. The Personal Data that the Delivery Partner provides will be integrated into a personal database for which RAPDO is responsible. RAPDO may request reports from different public or private databases in relation to information and/or data corresponding to the Delivery Partners. For more information, consult the RAPDO Privacy Policy.

1.6. RAPDO, at its sole discretion, may deny the Registration of a person as a Delivery Partner and/or cancel them at any time and with their own autonomy, without this generating the right to any claim and/or compensation for said person.

1.7. In order to access the Platform and provide the Services to Consumers, those Delivery Partners who do so with a motorcycle must prove to RAPDO all the documents necessary to circulate and be able to perform the Services requested by Consumers, such as driver's license, title of the vehicle and insurance with a current policy, among others, and any Delivery Partner (whether they provide the Services by car, bicycle, motorcycle or any other means) must also comply with the applicable legislation for the purposes of providing the Services requested by Consumers, its compliance being the exclusive responsibility of the Delivery Partner. RAPDO will not be responsible for any accident and/or accident that the Delivery Partner has before, during or after the provision of the Service to Consumers, under the understanding that (i) the Delivery Partner acts independently and on his own behalf. means, (ii) the person who hires the Delivery Partner is the Consumer directly for the provision of the Service, and (iii) RAPDO only provides an intermediation service as a third party, with RAPDO not intervening in the relationship between the Delivery Partner and the Consumer within relation to the provision of the Services required by the Consumer to the Delivery Partner.

SECOND. Service provided by the Delivery Partner

2.1. The Delivery Partner provides the Service through the means of transportation he chooses to all those Consumers who require the shipment of merchandise and/or any type of product from one place to another, whether within the scope of the Greater Metropolitan Area and the rest of the territory of the Republic of Costa Rica where there is coverage of the Services. If the service is provided using a bicycle or motorcycle, it must be the property of the Delivery Partner or be authorized for its use, making it clear that in no case will RAPDO provide the Delivery Partners with bicycles and/or motorcycles and/or any other means of transportation. The Delivery Partner may receive from the Consumers, based on the demand for the Service that they may have, and through the Platform, a request for the Service on their Smartphone (the “Request”), according to their location, proximity at the time, of the same and other parameters set by the Platform. The Delivery Partner may accept or reject the Request at his will. If the Delivery Partner voluntarily decides to accept the Request, the Consumer will receive a notification of acceptance of the Service request by the Delivery Partner, which will include certain personal data of the Delivery Partner (name, email and WhatsApp number), including the possibility of contacting said Delivery Partner through a chat provided by the Platform. For the purposes of better provision of the Service, the Consumer will have access to the route taken by the Delivery Partner which can be viewed in real time by the Consumer through the Platform, only from the moment the Delivery Partner removes the product from the store and until it is delivered to the Consumer. For its part, if the Delivery Partner rejects the request, this will have no consequences, so it will be available to receive a new Request. Since the demand for the Service depends on the Consumers, RAPDO does not guarantee in any way to the Delivery Partners the existence or not of Requests demanding the Services.

2.2. The Delivery Partner has total and absolute freedom to determine the day, time and place in which he is willing to provide the Service. In this way, the Delivery Partner will determine personally and without consulting RAPDO at what time they decide to connect to the Platform to provide the Service, as well as the zones or times. This implies that the Delivery Partner is not subject to entering the Platform and/or accepting Services within any period and may or may not do so with the frequency they wish, without this implying the deletion of their Account.

2.3. Given that RAPDO is a meeting point between the Consumer who requests the Service and the Delivery Partner who accepts the performance of said Service, RAPDO does not participate in the Service that is carried out between them, the Delivery Partner will be responsible for all obligations and tax charges. and social security that may correspond to the Delivery Partner in accordance with the applicable legislation for the provision of the Service, without RAPDO being held liable for non-compliance in this regard by the Delivery Partner.

2.4. The Delivery Partner is solely responsible for the use of their Account and for the provision of the Services. All this in accordance with the provisions of clause 6 of these Terms and Conditions.

2.5. The periodic maintenance of their means of transportation is mandatory and under the exclusive responsibility of the Delivery Partner, so that it is suitable to provide the Service, complying with all applicable regulations for the provision of the Service.

2.6. Compliance with traffic regulations is mandatory and under the exclusive responsibility of the Delivery Partner, as well as the use of the safety elements required by the corresponding regulations and their enforcement authority. In no case will RAPDO provide said security elements, the acquisition and use of which is the exclusive responsibility of the Delivery Partners, nor will it be responsible for any violation of traffic regulations or any type, being in all cases the Delivery Partners responsible for said infractions, sanctions, fines, and/or penalties, if they occur.

2.7. The use of clothing identified with the RAPDO logo and the use of a cooler bag with the RAPDO logo will be mandatory for Delivery Partners when making deliveries through RAPDO. Therefore, the use of clothing and/or uniform and a cooler with the RAPDO logo is a requirement for the provision of the Services. RAPDO will create a payment plan for said uniforms and coolers.

2.8. There is no exclusivity relationship between the Delivery Partners and RAPDO, and the Delivery Partners can freely provide services with any other platform like RAPDO, even while they are connected to the Platform.

2.9. RAPDO will charge 25% of the amount of the delivery service paid by the Consumer for the use of the RAPDO platform and the remaining 75% will be paid to the Delivery Partner. Any tip paid by the Consumer will go in full to the Delivery Partner who will be responsible for paying the applicable taxes on the money received.

THIRD. Use of the Platform

3.1. RAPDO will have the power to deny or restrict access or subsequent use of the Platform to any Delivery Partner under its sole discretion, without any liability on its part nor generating the possibility of claiming any damages on the part of the Delivery Partner. RAPDO will not be responsible if the Delivery Partner does not have a Smartphone and/or any other device not compatible with the use of the Platform. The Delivery Partner undertakes to make appropriate and lawful use of the Platform in accordance with applicable legislation, these Terms and Conditions, generally accepted morality and good customs and public order. However, the independent condition, when accessing and using the Platform and during the provision of the Services, the Delivery Partner agrees and undertakes to:

• Provide the Service for your personal use, accepting that you are not authorized or have the necessary powers to transfer, in any way, your Account to a third party, nor may you subcontract the services of third parties for the provision of the Services.

• Not authorize third parties to use your Account, becoming fully responsible for the acts that any other human or legal person performs on your behalf with or without your consent.

• Not assign or otherwise transfer your Account to any other person or legal entity.

• Not use an account that is subject to any rights of a person other than the Delivery Partner without appropriate authorization.

• Not provide the Service for illicit, illegal purposes, contrary to what is established in these Terms and Conditions, the applicable legislation, good faith and public order, harmful to the rights and interests of third parties including, without limitation, the transporting illegal material or for fraudulent purposes.

• Do not attempt to damage or harm the Service or the Platform in any way, or access restricted resources on the Platform.

• Do not use the elements that allow you to provide services to Consumers for illicit purposes or that contravene good labor and commercial customs.

• Keep your Account password and any identification provided securely and confidentially to allow you access and use of the Platform as well as the provision of the Services.

• Not access and/or use the Platform or provide the Service with a device that is incompatible or not authorized by RAPDO and the corresponding authorities.

• Do not attempt to access, use and/or manipulate the data of RAPDO, Consumers, RAPDO allies and/or other Delivery Partners.

• Do not introduce or spread computer viruses or any other physical or logical systems that are likely to cause damage to the Platform and/or devices of third parties, Consumers, businesses or other Delivery Partners.

• Have all the security elements and the corresponding authorizations to provide the Services and to circulate, according to the vehicle you wish to use to provide the Services, including, but not limited to, green card and/or blue card, registration of driving, corresponding insurance, and other documents that demonstrate the authorization to drive said means of transportation and provide the Services requested by Consumers legally.

QUARTER. Rates. Billing

4.1. RAPDO will set the rate for the Service to be paid by the Consumer according to the distance to be traveled for the provision of the Service, the weather conditions and other parameters to be determined exclusively by RAPDO, and the Consumer must pay said Service to the Delivery Partner. The Delivery Partner authorizes RAPDO to set the rates for each Service based on the aforementioned and to inform the Consumer thereof according to the Service requested and provided by the Delivery Partner. The Delivery Partner may refuse to accept the performance of a Service if he does not agree with the rate to be charged for said Service, not having the right to make any protest or complaint to RAPDO, since access and use of the Platform as well as the provision of the Service requested by the Consumer is voluntary and not obligatory for the Delivery Partner. RAPDO reserves the right to modify, change, add, or eliminate the current rates for any Service, at any time, which will be reflected in the Service request received by the Delivery Partner in their Account. The delivery partner will receive payment for the provision of their services through the company PAGADITO or through any other company designated by RAPDO.

4.2. In the event that the Service is paid by the Consumer with a credit card, debit card or any other electronic means of payment, RAPDO will collect the rate and the tip (the latter, if applicable) on behalf and by order of the Delivery Partner and will be settled. according to the following point.

4.3. RAPDO will carry out the settlement of the Services and tips periodically. After the closing of the liquidation, if there are balances in favor of the Delivery Partners, they will be paid to them. Said payment will be made by bank transfer to the account indicated by the Delivery Partner or by any other means of payment agreed upon by the parties.

4.4. RAPDO will prepare settlements for the services provided by the Delivery Partners periodically.

4.5. The Delivery Partner hereby authorizes and empowers RAPDO to take the judicial and extrajudicial measures it deems appropriate to obtain payment of the amount due from the Consumer by virtue of the Service provided by the Delivery Partner.

4.6. Although the Delivery Partner is an autonomous and independent delivery person, RAPDO will issue the corresponding invoice to the Consumer for the entire amount paid by the Consumer in relation to the service provided and then the Delivery Partner will issue the invoices for their services.

4.7. The Consumer may request a Delivery Partner to send a product offered by any other business other than the Allied Businesses, who are those that have a contractual link with RAPDO, a request that for the purposes hereof will be considered a Service. In this case, RAPDO will pay, at the expense and order of the Consumer, the price of the product to the non-allied trade. To do this, RAPDO will credit the Delivery Partner's Card with the amount corresponding to the price of the product to be purchased in said business that is not affiliated with RAPDO.

FIFTH: Indemnity. Independence of the Parties

5.1. The Delivery Partner assumes, as an independent and autonomous part of RAPDO, all responsibility that may arise because of the provision of the Service requested by the Consumer, releasing at all times RAPDO and all its partners, legal representatives, directors, employees, administrators and consultants from all responsibility in this regard.

5.2. In particular, it assumes as its own responsibility that may arise from its own acts or omissions, whether carried out during the provision of the Services or not, as well as for damages, losses, breakages or misplacements in the transportation of things, exempting RAPDO from all liability for any claim made by the Consumer or third parties of any kind, including without limitation, the corresponding enforcement authority, consequently the Delivery Partner is obliged to hold harmless RAPDO and its partners, legal representatives, directors, employees, administrators and consultants, and must compensate said parties for any damage, loss or harm (including legal fees) that may be claimed or that they may have to pay by virtue of the provision of the Services by the Delivery Partner. and/or the violation of these Terms and Conditions.

5.3. Likewise, the Parties establish and agree that the Delivery Partner does not have, nor in the future will have an employment relationship of dependency or subordination with RAPDO, both parties being autonomous and independent of each other, therefore, individually responsible for their contractual, tax, labor, pension, and all those derived from applicable legislation. Nor do they create any partnership, mandate, or franchise contract between RAPDO and the Delivery Partner, since the person requesting the Service from the Delivery Partner is the Consumer, perfecting the relationship between the Delivery Partner and the Consumer at the time of acceptance of the provision of the Service. Service by the Delivery Partner. The Delivery Partner acknowledges being an independent worker, and by virtue of this, assumes the business risk involved in providing the Service at his or her sole expense.

SIXTH: Responsibility

6.1. RAPDO only makes available to the Delivery Partner a virtual space that allows them to communicate through the Platform to accept and provide the Service to Consumers. RAPDO does not intervene in the perfection of the operations carried out between the Delivery Partner and the Consumer, therefore it will not be responsible for the quality, quantity, condition, integrity or legitimacy of the merchandise and/or products to be transported by the Delivery Partner. as well as the capacity of the Delivery Partner and/or the Consumer to contract or the veracity of their personal data entered by them for the provision of the Services.

6.2. The Delivery Partner knows and accepts that when providing Services for Consumers he does so at his own risk and must therefore respect the applicable regulations related to the provision of the Services. In no case will RAPDO be responsible for lost profits, or for any other damage and/or harm that the Delivery Partner may have suffered, either directly and/or indirectly, due to the Service provided through the Platform.

6.3. RAPDO recommends acting with caution and common sense when providing the Service and must therefore respect the applicable regulations related to the provision of the Services. In the event that one or more Consumers or any third party initiates any type of claim or legal action against a Delivery Partner and/or RAPDO, said Delivery Partner exempts RAPDO and its partners, legal representatives, directors, managers, employees, agents from all liability. , operators, representatives and attorneys-in-fact and agrees that it will hold said parties harmless in accordance with the provisions of these Terms and Conditions.

SEVENTH: Use and Guarantee of the Application

7.1. RAPDO does not guarantee the availability and continuity of operation and/or access to the Platform. Consequently, RAPDO will not in any case be responsible for any damages that may arise from (i) the lack of availability or accessibility to the Platform, whether due to failures of RAPDO and/or unrelated to it; (ii) interruption in the operation of the Platform and/or computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, data centers, the Internet system or other electronic systems, produced in the course of its operation; and (iii) other damages that may be caused by third parties through unauthorized interference beyond the control of RAPDO.

7.2. RAPDO does not guarantee the absence of computer viruses or other elements on the Platform introduced by third parties other than RAPDO that may cause alterations in the electronic and/or logical systems of the Delivery Partner and/or in the electronic documents and files stored in their systems. Consequently, RAPDO will not in any case be responsible for any damages of any kind that may arise from the presence of viruses and/or other elements that may cause alterations in the physical and/or logical systems, electronic documents and/or files. of the Delivery Partner.

7.3. RAPDO adopts various protection measures to protect the Platform and the contents against computer attacks from third parties. However, RAPDO does not guarantee that unauthorized third parties cannot know the conditions, characteristics and circumstances under which the Delivery Partner accesses the Platform. Consequently, RAPDO will in no case be responsible for any damages that may arise from such unauthorized access.

7.4. By accessing the Platform and consequently accepting these Terms and Conditions, you declare that you will hold RAPDO, its parent company, legal representatives, directors, partners, employees, consultants and agents harmless from any claim arising from (i) non-compliance. by the Delivery Partner of any provision contained herein in the Terms and Conditions and/or any law or regulation applicable thereto, (ii) non-compliance or violation of the rights of third parties including, but not limited to, other Delivery Partners, pedestrians, cyclists or motorcyclists; and (iii) failure to comply with the permitted use of the Platform.

EIGHTH: Intellectual and Industrial Property Rights

8.1. The Delivery Partner recognizes and accepts that all intellectual and industrial property rights over the contents and/or any other elements inserted in the Platform (including, without limitation, brands, logos, trade names, texts, images, graphics, designs, sounds , databases, software, flow charts, presentation, audio and video), belong and are the exclusive property of RAPDO, not implying access to the platform and/or acceptance of these, transfer of any right in favor of the Delivery Partner .

8.2. RAPDO authorizes the Delivery Partner to use, view, print, download and store the contents and/or elements inserted in the Platform exclusively for their personal and private use and solely related to the provision of the Services, except in the cases excepted and RAPDO decides freely, refraining from carrying out any act of decompilation, reverse engineering, modification, disclosure or supply on them. Any other use and/or exploitation of any content and/or other elements inserted in the Platform other than those expressly provided for here will be subject to the prior written authorization of RAPDO.

8.3. RAPDO may at any time, in its sole discretion, and without any liability on its part, request the Delivery Partner to stop using and return or destroy (as required by RAPDO) any material indicated in the previous sections owned by RAPDO.

NINTH: Data Protection

9.1. The Personal Data that you provide in the Registry will be integrated into a personal database for which RAPDO is responsible, whose address appears at the head of this document. The Delivery Partner authorizes RAPDO to store, save, transfer or transmit personal data to servers located in the Republic of Costa Rica or abroad, all in accordance with applicable legislation and RAPDO's Privacy Policies.

The RAPDO app collects and stores the user's phone number which is stored in our database using encryption methods to guarantee the protection of the user's personal information. The data collected is used to identify possible atypical behavior within the application and is not shared or transferred to third parties.

So that you can accept and process orders closest to your location, the RAPDO Application collects location data, even when the Application is closed or not being used.

TENTH: Notifications

10.1. RAPDO may make the appropriate notifications through a general notification on the Platform, through the email address provided by the Delivery Partner in their Account. The Delivery Partner may notify RAPDO by sending an email to the address rapidocostarica@gmail.com.

ELEVENTH: Transfer

11.1. The Delivery Partner may not assign his rights and obligations provided for in the Terms and Conditions without the prior written consent of RAPDO. RAPDO may assign, without the need to obtain the prior consent of the Delivery Partner, these Terms and Conditions to any entity included within its group of companies, throughout the world, as well as to any person or entity that succeeds it in the exercise of its duties.

TWELFTH: Applicable Law and Jurisdiction

12.1. These Terms and Conditions will be governed and interpreted in accordance with the legislation in force in the Republic of Costa Rica, and any divergence related to this must be resolved before the ordinary courts of the City of San José, Costa Rica.

THIRTEENTH: Commission

13. The Delivery Partner accepts that RAPDO charges a commission of twenty percent (20%) on each delivery, for the use of the RAPDO virtual platform. RAPDO reserves the right to modify this percentage at any time. If there is any modification in the commission percentage, it will be announced to the Delivery Partner through the RAPDO website, and the consequent update of the Terms and Conditions.