UBER EATS UK

DELIVERY SERVICES AGREEMENT

Thank you for choosing Uber Eats.

Starting on 4th April 2022, we have made some changes to the way delivery works in the UK.

This Delivery Services Agreement (the "Terms") sets forth relevant terms and conditions governing the provision of Delivery Services for items ordered via Uber Eats, and your relationship with Uber Eats UK Limited ("Uber Eats UK") where you request it to provide Delivery Services as described below. You can contact us by using the Help section of the Uber Eats App, or at First Floor, Aldgate Tower, 2 Leman Street, London, United Kingdom, E1 8FA (legal-contracts-bv@uber.com).

In order to request Delivery Services in the UK for the first time on or after 4th April 2022, all Uber Eats users must accept these Terms. By requesting Delivery Services, you confirm that you accept these Terms. These Terms will apply to all subsequent orders you place for Delivery Services.

You will be notified about any changes to the Terms by e-mail and a new version will be made available online. When accessing or using the Delivery Services, you consent to be bound by the Terms, as amended, at the time you use the Delivery Services.

These Terms are additional to the terms you have entered into in relation to your use of Uber's app/website services ("User Terms"). For the purpose of the User Terms, the Uber entity you have contracted with for Uber Delivery (as defined below) is Uber Eats UK.

These Terms will apply to your use of Uber Eats via any means (including orders placed on the Uber Eats App, the Uber Rides App or on ubereats.com), when we use the term “Uber Eats App” in these Terms, that term includes any App or website on which you order via Uber Eats.

1. Use of the Uber Eats App
   1. To use the Uber Eats App to order food, beverages, or other items ("Items") from restaurants or other businesses ("Merchants"), you must first register for and maintain an active personal user services account in accordance with the User Terms ("Uber Account").
   2. With regards to the registration for an Uber Account, the use of the Uber Eats and your Uber Account, the User Terms shall be solely applicable.
   3. Uber Eats UK (or one of its affiliates) may decide according to its reasonable business discretion whether or not to accept your registration for an Uber Account. Once your registration has been accepted, you will be provided access to the Uber Eats App and Uber Eats.
2. Use of the Delivery Services
   1. Once you have been provided access to the Uber Eats App, you may place orders for Items. Please note, the description of the Items available on the Uber Eats App is based on the information provided by the relevant Merchant. You may request that Items be delivered ("Delivery Services").
   2. Your Items may be delivered either by Uber Eats UK (“Uber Delivery”) or by the Merchant (“Merchant Delivery") depending on the Merchant you have selected.
   3. In the case of an Uber Delivery, you will contract with and be charged by Uber Eats UK for the Delivery Services. Uber Eats UK will request an independent contractor (a “Delivery Partner”) to collect Items from the Merchant and deliver such items to you on Uber Eats UK’s behalf.
   4. In the case of a Merchant Delivery, you will contract with and be charged by the Merchant for the Delivery Services. The Delivery Services will be performed by employees, contractors, workers or agents of the Merchant who provide Delivery Services on a Merchant’s behalf, not arranged by Uber Eats UK.
   5. In other cases, such as a Pickup order, you may place orders for Items via the Uber Eats App which do not require the use of Delivery Services.
   6. Uber Delivery is an Uber Provided Service, as referred to in the User Terms.
   7. In the case of an Uber Delivery, Uber Eats UK will endeavour to ensure that your Items will be delivered to you as soon as reasonably possible. We will give you an estimated range of how long the delivery will take before you place the order. Unfortunately, independent factors such as traffic and weather, as well as the actions or inactions of Merchants or Delivery Partners may cause delays in the provision of Delivery Services. Uber Eats UK reserves the right to refuse to accept and/or complete an Uber Delivery if the delivery point is a school.
   8. Delivery Services are offered in designated regional areas as communicated via the Uber Eats App from time to time (“Delivery Service Area”). Uber does not guarantee that the Delivery Services will be available in the Delivery Service Area at all times.
   9. You and Uber Eats UK may terminate these Terms or the Delivery Services if the other party violates the provisions of these Terms. Subject to clause 2.10, you can terminate these Terms by writing to us or by no longer requesting Delivery Services. Uber may suspend all or part of the Delivery Services, and otherwise, operate or discontinue the Delivery Services.
   10. You may cancel your order until the Merchant has accepted your order. Once the the Merchant has accepted your order, you will no longer be able to cancel and you will be charged full price for your ordered Items. If you cancel your order after the delivery has begun, you will also be charged full price for Delivery Services.
   11. If either an Uber Delivery or Merchant Delivery fails for reasons attributed to you (for example, you were not available when your Items were delivered to you) you may be charged full price for both Items and Delivery Services.
   12. If Uber Eats UK cancels the Delivery Services for any reason not attributed to you, you will be entitled to a refund for any Fees paid.
3. Payment for the Delivery Services
   1. The price of the Delivery Services (the “Fees”) will be determined based on the price shown in the Uber Eats App before you place your order for Delivery Services. All fees are in pounds sterling and include VAT.
   2. You shall pay any Fees for Delivery Services via one of the payment options (which will always include credit or debit card) as offered by Uber Eats UK from time to time. When you place an order for Items, Uber Eats UK may need to verify your payment method by issuing a temporary authorisation hold from your bank. When your order has been completed, if you think a payment is incorrect, please contact us promptly to let us know.
   3. If you are unhappy with an Uber Delivery, your sole recourse will be with Uber Eats UK. Uber Eats UK will provide refunds for a substandard Uber Delivery at its sole discretion.
   4. Without prejudice to any separate right to suspend your Uber Account, insofar as a fee payment cannot be honoured because of insufficient funds, Uber Eats UK shall be entitled to suspend your access to Delivery Services by blocking the Uber Eats App until your selected payment method is effecting payments.
4. Governing Law and Jurisdiction. These Terms and all non-contractual legal relations arising in any way whatsoever between Uber Eats UK and you shall be governed by, construed and take effect in accordance with the laws of England and Wales. If the mandatory statutory consumer protection laws in your country of residence contain provisions that are more beneficial to you, such provisions shall apply. Customers may bring any judicial proceedings relating to these Terms before the competent court of their place of residence or the competent court of England and Wales.