Merchant Capital Terms and Conditions

1. Agreement to terms and conditions. These Merchant Capital Terms and Conditions shall supplement the Uber Eats Terms and Conditions. By submitting an application to the third-party provider for a Cash Advance, or by accepting a Cash Advance from the third party provider, the Merchant acknowledges and agrees to these terms and conditions, and further acknowledges that any agreements it enters into with the third-party provider will govern the Cash Advance. In the event of an inconsistency between these Merchant Capital Terms and Conditions and the Uber Eats Terms and Conditions, these Merchant Capital Terms and Conditions shall govern.
2. Relationship between Uber Portier Canada Inc. (“Uber Canada”) and the third party provider. The Merchant acknowledges that:
   1. Uber Canada’s role in relation to the Cash Advance is to share certain information relating to the Merchant with the third party provider for the purpose of the Cash Advance, as provided herein, and to remit payments to the third party provider deducted from the Merchant’s Item Revenue;
   2. Uber Canada does not provide the Cash Advance to the Merchant, and the Merchant must apply directly to the third party provider for the Cash Advance, agree to the third party provider’s own terms and conditions, and provide the third party provider with any additional information that may be required; and
   3. Uber Canada and the third party provider are independent contractors and are not partners, parties to a joint venture, nor do they have an employee and employer relationship.
      
3. Qualification. The Merchant is eligible to qualify for a Cash Advance offer if the Merchant meets the criteria set by the third party provider, which includes (without limitation) that the Merchant:
   1. operates a restaurant, cafe, or similar food and beverage business which is primarily engaged in the sale of ready-to-eat meals and ready-to-drink beverages, and no more than incidentally engaged in the same of non-food and beverage retail items, grocery items, or pre-packaged food and beverage items for later consumption (i.e. a restaurant that incidentally sells t-shirt, baseball caps, or cafe that incidentally sells coffee mugs each remain eligible but a convenience store or grocery stores that sells coffee, doughnuts and hot dogs is not eligible);
   2. is located in Canada (excluding Quebec or Saskatchewan);
   3. is a Small or Medium Business;
   4. has not previously terminated or suspended from the Uber Eats App by Uber Canada; and
   5. provides all necessary information to the third party provider as part of the application to qualify for a Cash Advance.
4. Data sharing. In order to apply for a Cash Advance from the third party provider, the Merchant authorizes Uber Canada to share certain data and information about the Merchant with the third-party provider including but not limited to:
   1. the name of the Merchant's contact person;
   2. the Merchant’s business name and legal entity;
   3. the Merchant’s address and applicable contact information;
   4. the Merchant’s linked bank account details; and
   5. information about the Merchant’s daily volumes, number of transactions, distributions, offsets, withdrawals and totals.

The Merchant acknowledges and agrees that such data sharing is authorized by the Merchant and does not constitute a breach of any other terms and conditions or agreements between the Merchant and Uber Canada, including any confidentiality or intellectual property terms or conditions of such other agreements. The third party provider will provide Uber with information about the Merchant’s Cash Advance for the purposes of processing the payment of the Cash Advance to the third party provider out of the Merchant’s Item Revenue.

1. General. These Merchant Terms and Conditions are subject to change or cancellation at any time in Uber Canada’s sole discretion, and will be binding on all parties from the date that such changes are made.
2. Definitions. Defined terms set out in the Uber Eats Terms and Conditions apply to and are incorporated into these terms and conditions. Capitalized words in Merchant Terms and Conditions otherwise have the meanings set out below:
   1. Cash Advance means a cash advance provided by the third party provider to the Merchant.
   2. Small or Medium Business means a business that has less than 20 locations (i.e. 19 or fewer locations).
   3. Uber Eats Online Terms and Conditions means the terms and conditions available at: Terms and Conditions.