SUPPLEMENTAL TERMS – UBER CONNECT (AUS)

1. Contractual Relationship

These Uber Connect Terms and Conditions (“Connect Terms”) govern your access and use of applications, websites, content, products, and services (the “ Services”) made available by Uber B.V., a private limited liability company established in the Netherlands, having its offices at Mr. Treublaan 7, 1097 DP, Amsterdam, the Netherlands, registered at the Amsterdam Chamber of Commerce under number 56317441(“Uber”) that enable you to arrange and schedule the delivery of package(s) (the “Package(s)”) to a designated address by independent third party providers of delivery services who have an agreement with Uber or its affiliates (“Third Party Providers”), (collectively, “Uber Connect”).

These Connect Terms are supplemental terms to the Australian Terms of Use (“Terms”). This means where you choose to use Uber Connect to request delivery services from Third Party Providers, the following applies to your use and access of Uber Connect:

• these Connect Terms; and
• except as modified by these Connect Terms, the Terms, (Together, the “Connect Terms of Use”). 

PLEASE READ THE CONNECT TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND UBER. 

Capitalized terms used in the Connect Terms but not defined in the Connect Terms shall have the meanings ascribed to them in the Terms. 

By accessing or using Uber Connect, you confirm your agreement to be bound by the Connect Terms of Use. If you do not agree to the Connect Terms of Use, you may not access or use Uber Connect. Unless terminated earlier in accordance with the Terms, Uber Connect shall be available to you until 30 September 2020 (or any other future date beyond 30 September 2020 as advised by Uber). 

2. Access and Use of the Uber Connect

This part sets out the additional obligations that apply to your choice to use the Uber Connect request option. These terms apply in addition to any other rights or obligations set out in the Terms.

Prohibited Items
You may not use or access Uber Connect or use the delivery services provided by Third Party Providers to send any Prohibited Items (“Prohibited Items”). A list of Prohibited Items is published online by Uber (as updated from time to time). For the current list of Prohibited Items please see here. Uber retains the discretion to prohibit additional items from time to time.  It is your responsibility to ensure that you have checked the current list of Prohibited Items each time you use the Uber Connect request option.

Package Restrictions
The Package(s), together, per trip, (i) may not be greater than 20 kilograms, (ii) must fit comfortably in the boot of a mid-size motor vehicle, and (iii) may not have a total value greater than $100 AUD.

You must prepare and securely close and seal the Package(s) for safe delivery.

Refusal or Rejection of Deliveries 
You acknowledge and agree that, at a Third Party Provider’s sole discretion, a Third Party Provider may refuse to pick up or deliver the Package(s), or cancel the delivery after acceptance for any reason; provided that at all times, the Third Party Provider (and everyone who signs up to an Uber account) must comply with the Community Guidelines. 

Delivery, Redelivery, and Undeliverable Packages
If the Third Party Provider is not able to complete the delivery for any reason (including, for example, the Third Party Provider is unable to locate the delivery location and is unable to make contact with you), the Third Party Provider may attempt to arrange for the return of the Package to you.

If the Third Party Provider is not able to return the Package to you, you acknowledge and agree that the Package may be left at the original pickup location, an alternative location as instructed by you, an Uber Greenlight Hub (if that option is made available in the particular market), or at the delivery location or safe place near the delivery location. To the extent feasible and if requested by you, Uber or its affiliates may also attempt to facilitate an exchange of the undelivered Package between you and the Third Party Provider.

You are responsible for the reasonable costs associated with the return, redelivery or disposal of your Package, except where the return, redelivery or disposal arises from any fraudulent, unlawful or negligent act or omission by Uber or any Third Party Provider. Uber reserves the right to facilitate payment for the reasonable costs associated with the return, redelivery or disposal of your Package on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by Uber to the applicable Third Party Provider.

3. Limitation of Liability; Indemnity

This part sets out the liability position of Uber and Third Party Providers in relation to your use and access of Uber Connect and any delivery services provided by Third Party Providers. To the extent it is inconsistent with the liability position set out in the Terms, this section modifies the liability position in the Terms.

LIMITATION OF LIABILITY

IN ADDITION TO THE LIMITATION OF LIABILITY SET OUT IN SECTION 5 OF THE TERMS, UBER’S LIABILITY TO YOU IN CONNECTION WITH THE SERVICES ASSOCIATED WITH THE UBER CONNECT REQUEST OPTION IS LIMITED FURTHER AS EXPRESSLY SET OUT IN THIS SECTION.

SUBJECT TO THE REMAINDER OF THIS SECTION, YOU ASSUME EXPOSURE TO AND RISK OF ANY LOSS, THEFT, TAMPERING OR DELAY IN YOUR USE OF UBER CONNECT. YOU ACKNOWLEDGE AND AGREE THAT: (A) UBER DOES NOT MAINTAIN INSURANCE FOR LOSS, DAMAGE, OR THEFT IN RESPECT OF THE PACKAGES OR DELIVERY; (B) UBER DOES NOT PROVIDE INSURANCE COVERAGE FOR YOUR USE OF UBER CONNECT; AND (C) YOU SHOULD CONTACT AN INSURANCE AGENT OR BROKER IF INSURANCE COVERAGE IS DESIRED IN CONNECTION WITH THE PACKAGE(S) OR YOUR USE OF UBER CONNECT.

SUBJECT TO THE REMAINDER OF THIS SECTION, IF YOU USE UBER CONNECT TO ARRANGE DELIVERY AND SEND FOOD OR BEVERAGES NOT OTHERWISE PROHIBITED BY THESE CONNECT TERMS, YOU ASSUME FULL RESPONSIBILITY FOR SUCH ITEMS AFTER DELIVERY, INCLUDING ANY DAMAGE DUE TO TEMPERATURE SENSITIVITY AND/OR TAMPERING. YOU FURTHER ASSUME FULL RESPONSIBILITY FOR CHILLING ANY PERISHABLES IMMEDIATELY UPON DELIVERY TO HELP MAINTAIN THE SAFETY AND QUALITY OF THOSE ITEMS.

YOU ACKNOWLEDGE AND AGREE THAT:

• DELIVERY SERVICES PROVIDED BY THIRD PARTY PROVIDERS REQUESTED THROUGH THE SERVICES ARE AVAILABLE FOR SENDING PACKAGES UP TO $100 AUD IN VALUE; 
• TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SUBJECT TO OTHER PROVISIONS IN THIS AGREEMENT, UBER AND EACH THIRD PARTY PROVIDER ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE ARISING, OR THAT MAY BE SUFFERED, IN CONNECTION WITH THE PROVISION OF THE DELIVERY EXCEPT TO THE EXTENT THAT ANY LOSS OR DAMAGE ARISES FROM ANY FRAUDULENT, UNLAWFUL OR NEGLIGENT ACT OR OMISSION BY UBER OR ANY THIRD PARTY PROVIDER; AND
• IF A PACKAGE IS LOST OR DAMAGED IN TRANSIT, SEE THE UBER CONNECT LOSS OR DAMAGE POLICY AVAILABLE ON UBER’S WEBSITE.

NOTHING IN THE CONNECT TERMS OF USE PURPORTS TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING ANY OF THE NON-EXCLUDABLE REQUIREMENTS OF THE AUSTRALIAN CONSUMER LAW.

NOTWITHSTANDING ANYTHING ELSE IN THIS SECTION 3 OR SECTION 5 OF THE TERMS AND TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL UBER OR ANY THIRD PARTY PROVIDER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH UBER CONNECT FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED AUSTRALIAN DOLLARS ($100 AUD).  

Indemnity

In addition to any indemnity provided in section 5 of the Terms, in respect of your use or access to Uber Connect and your use of delivery services provided by Third Party Providers, you agree to indemnify and hold Uber and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with any loss or damage to property, any injury, illness or death to any person, misdelivery including delivery otherwise than to the addressee, delayed delivery, early delivery or failure to deliver or any other loss or damage of any kind caused by your fraudulent, negligent or unlawful act or omission, or any failure by you to comply with the Connect Terms.