Delivery Pick Up Terms - Pick Up Addendum

This Pickup Addendum (the “Addendum”) sets forth the terms and conditions which will govern your provision of food, beverages and/or other products ("Items") to customers via the Non-Delivery Method ("Pickup").

This Addendum is governed by the terms of your existing agreement with Uber Portier B.V. and/or one or more of its Affiliates (collectively “Uber”) concerning the provision of services by Uber to you to facilitate the marketing, sale and provision of Items via the Uber Eats App (your “Agreement”).

The terms of the Addendum are limited to the sale and provision of Items for Pickup. In case of a direct conflict between this Addendum and the Agreement, the terms of this Addendum will control. In all other respects, the terms of the Agreement will remain unchanged.

This Addendum is effective as of the date of your acceptance (the “Effective Date”). All undefined, capitalized terms in this Addendum will have the meaning set forth in the Agreement.

By clicking “I accept the Terms and Conditions”, you agree to be bound by the terms in this Addendum.

1. Pickup Items.

This Addendum governs the general availability of Items provided to your customers through the Uber Eats App via non-delivery means (“Pickup Items”). You agree to make items from your menu available via the Uber Eats App during your normal business hours, and as further set forth in this Addendum, the Agreement, or mutually agreed between the parties.

2. Reporting.

Uber will give you information regarding the number of Pickup Items sold by you to your customers pursuant to this Addendum. Uber will also provide information regarding any refunds given to your customers on your behalf by Uber, including the date of the transaction, the Item ordered, the reason for the refund and any other information Uber is permitted to provide under applicable privacy laws.

3. Payment.

a. Service Fee. In consideration for Uber’s lead generation, demand prediction, payment processing and other related services provided via the Uber Eats App under this Addendum, Uber will charge you a Service Fee of 13% for each Pickup Item sold by you via the Uber Eats App. Uber will calculate the Service Fee amount as follows: the Retail Price of the Pickup Item(s) sold by you via the Uber Eats App (including any VAT, GST or other sales tax) (such amount, the “Pickup Item Payment”) multiplied by the Service Fee percentage. The Service Fee amount shall be net of any VAT, GST or other sales taxes.

b. Delivery Services. Pickup Items do not require the involvement of a Delivery Partner. As such, for Pickup Items, there is no Delivery Fee or Delivery Charge.

c. Remittance. Uber will remit to you the total (i) Pickup Item Payment (including any VAT, GST or other sales tax collected on your behalf) earned by you; (ii) less (1) the Service Fee and (2) any refunds given to your customers on your behalf by Uber (such final remitted amount being the “Pickup Item Revenue”). The Pickup Item Revenue will be remitted on at least a bi-weekly basis.

4. Restrictions. The following restricted items may not be transferred via the Uber Platform: people or animals of any size, illegal items, fragile items, dangerous items (like weapons, explosives, flammables, etc.), stolen goods, or any items that you do not have permission to transfer.

5. Ratings. You acknowledge and agree that after sale of a Pickup Item, your customers may be prompted by Uber’s technology platform to provide a rating of such Pickup Item and your provision of the Pickup Item, and, optionally, to provide comments or feedback about such Pickup Items and your provision of such Pickup Items. Uber and its Affiliates reserve the right to use, share and display the ratings and comments in any manner in connection with the business of Uber and its Affiliates without attribution to or approval from you. You acknowledge and agree that Uber and its Affiliates are distributors (without any obligation to verify) and not publishers of the ratings or comments, provided that Uber and its Affiliates reserve the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws, or Uber’s or its Affiliates’ content policies.