UBER TECHNOLOGIES, INC.

SUPPLEMENTAL TERMS - COURIER (CANADA)

1. Contractual Relationship

These Courier Terms and Conditions (“Courier Terms”) govern your access and use of applications, websites, content, products, and services (the “Services”) made available by Uber Technologies, Inc. a Delaware limited liability company with an address of 1515 3rd Street, San Francisco, CA 94158 (“Uber”) that enable you to arrange and schedule the delivery of package(s) (the “Package(s)”) to a designated address (the “Delivery Services”) by independent third party providers of Delivery Services who have an agreement with Uber or its affiliates (“Third Party Providers”), (collectively, “Courier” or the “Delivery Marketplace”).

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

• These Courier Terms;
• except as modified by the Courier Terms, the Terms; (together, the “Courier Terms of Use”).

If, and then only to the extent that, the Terms or other applicable terms are inconsistent with the Courier Terms, the Courier Terms will control only with respect to Courier only. PLEASE READ THE COURIER TERMS CAREFULLY PRIOR TO ACCESSING AND USING THE SERVICES, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND UBER. We may change these Courier Terms from time to time. We will inform you of changes within a reasonable time period. You will be bound by such changes upon their notification to you. If you do not agree with these changes, you are free to stop using Courier.

By accessing or using Courier, you confirm your agreement to be bound by the Courier Terms of Use. If you do not agree to the Courier Terms of Use, you may not access or use Courier.

Capitalized terms used in the Courier Terms but not defined in the Courier Terms shall have the meanings ascribed to them in the Terms. In the Courier Terms, the words “including” and “include” mean “including, but not limited to.”

2. The Delivery Marketplace

The Delivery Marketplace enables users to arrange and schedule Delivery Services with Third Party Providers.

YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN DELIVERY SERVICES THROUGH THE USE OF THE DELIVERY MARKETPLACE DOES NOT ESTABLISH UBER AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS OR DELIVERY SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY UBER OR ANY OF ITS AFFILIATES.

3. Access to and Use of Courier

3.1. This section sets out rights and obligations that apply to your use of Courier. These terms apply in addition to any other rights or obligations set out in the Terms.

3.2. User Requirements. You may not authorize third parties to use your Account to access and use Courier. You agree to comply with all applicable laws when accessing or using Courier, and you may only access or use Courier for lawful purposes.

3.3. Prohibited Items. You may not use or access the Delivery Marketplace or use the Delivery Services provided by Third Party Providers to send any Prohibited Items (“Prohibited Items”). Prohibited Items include, but are not restricted to:

• People and animals;
• Illegal items;
• Firearms, weapons, ammunition, and their parts;
• Alcohol;
• Highly perishable food or beverages (e.g., raw meat or dairy products);
• Pharmaceutical products, over-the-counter medications, vitamins, or supplements;
• Cannabis products;
• Recreational drugs, drug paraphernalia, or tobacco products;
• Money, gift cards, lottery tickets, or transferable securities;
• Dangerous or hazardous items, including: explosives, items that are poisonous or flammable (e.g., paints or adhesives containing a flammable liquid); products identified as a hazardous product under the Hazardous Products Act, RSC 1985, c H-3 and regulations thereunder including the Hazardous Products Regulations, SOR/2015-17; nuclear substances; products, substances or organisms identified as dangerous goods under the Transportation of Dangerous Goods Act, 1992, SC 1992, c 34 or identified as hazardous waste or hazardous recyclable material under the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations, SOR/2005-149 or Interprovincial Movement of Hazardous Waste Regulations, SOR/2002-301; hazardous waste (e.g., hypodermic needles); infectious substances, medical waste;
• Stolen goods;
• Fragile items;
• Sexual aids; obscene or pornographic material;
• Livestock, regulated species (e.g., plants, noxious weeds, prohibited seeds), or animal parts, bloods, or fluids; and
• Any items for which you do not have permission to send.

Uber retains the discretion to amend the list of Prohibited Items. It is your responsibility to be aware of the current list of Prohibited Items each time you use the Courier request option. For a current list of Prohibited Items, please see here.

3.4. Package Restrictions. The Package(s), together, per trip, (i) may not be greater than 14 kilograms (30 pounds), (ii) must fit comfortably in the trunk of a mid-size motor vehicle, and (iii) may not have a total value greater than $100 (Canadian). You must prepare and securely close and seal the Package(s) for safe delivery.

3.5. Refusal or Rejection of Deliveries.You acknowledge and agree that the Package(s) are delivered at your request by the Third Party Providers. Uber does not deliver the Package(s). When you order the delivery by Third Party Providers through our Services, you are entering into a contract with a Third Party Provider. The Third Party Providers are free to accept, refuse to pick up or deliver the Package(s) or cancel the delivery of the Package(s) after acceptance for any reason not prohibited by law. The Third Party Providers and everyone who signs up to an Uber account are bound by the Community Guidelines available at [https://www.uber.com/legal/en/document/?name=general-community-guidelines&country=canada&lang=en]. If you cancel your request, you will be charged a cancellation fee in accordance with Uber's cancellation policies.

3.6. Delivery, Redelivery, and Undelivered Package(s). If the Third Party Provider is not able to complete the delivery of a Package, for example because 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 as agreed between you and the Third Party Provider. To the extent feasible and if requested by you, the Services will reasonably permit you to rearrange the delivery with Third Party Providers or facilitate the exchange of the undelivered Package(s) between you and the Third Party Providers. You are responsible for the reasonable costs associated with the return, redelivery or disposal of your Package(s), except where the return, redelivery or disposal arises from any fraudulent, unlawful or negligent act or omission by the Third Party Provider or in case of total or partial non-performance by the Third Party Provider which was not caused by your action or omission. Uber reserves the right to facilitate payment for the reasonable costs associated with the return, redelivery or disposal of your Package(s) on behalf of the Third Party Provider using any of your payment methods designated in your Account. Such amounts will be transferred by Uber to the applicable Third Party Provider.

3.7. Payment. The charges for delivery of the Package(s) in accordance with the Courier Terms of Use will be presented to you in the Application and/or Website you use to access Courier. Unless otherwise specified by Uber, you acknowledge and agree that payment for delivery transactions may only be made by you using a digital or electronic payment method on file. For the avoidance of doubt, cash payments are not accepted.

4. Limitation of Liability; Indemnity

4.1. Nothing in these Courier Terms limits and excludes any liability which cannot legally be limited or excluded, including liability for death or personal injury caused by negligence and liability for fraud or fraudulent misrepresentation, or alter your rights as a consumer that cannot be excluded under applicable law.

4.2. UBER’S TOTAL LIABILITY TO YOU FOR USAGE OF COURIER (and not in relation to any other arrangements between us for which the liability arrangements are governed by way of separate agreement) SHALL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS ($100).

4.3. THE SERVICES AND DELIVERY MARKETPLACE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Uber disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these Courier Terms, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Uber makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services, Delivery Marketplace or any services or goods requested through or transported through the use of the Delivery Marketplace, or that the Delivery Marketplace or Services will be uninterrupted or error-free. Uber does not guarantee the quality, suitability, safety or ability of Third Party Providers. You agree that the entire risk arising out of your use of the Services or Delivery Marketplace, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

4.4. UBER DOES NOT MAINTAIN INSURANCE FOR LOSS, THEFT, OR DAMAGE CAUSED BY A THIRD PARTY TO THE PACKAGE(S) DELIVERED IN CONNECTION WITH COURIER. You should contact an insurance agent or broker if insurance coverage is desired in connection with the Package(s) or your use of Courier.

4.5. YOU ASSUME EXPOSURE TO AND RISK OF ANY LOSS, THEFT, TAMPERING OR DELAY IN YOUR USE OF THE SERVICES OR DELIVERY MARKETPLACE. Uber is not liable under or in relation to these Courier Terms including, but not limited to, liability in contract, tort (including negligence, misrepresentation), bailment, restitution or otherwise for any of the following connected to the use of Courier: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of use or corruption of software, data or information; (vi) loss of or damage to goodwill, (vii) indirect or consequential loss and (viii) loss, theft, tampering or delay in regards to the Package(s) that you send using Courier.

4.6. Uber is not liable for: (i) damages or losses arising from any transaction between you and a Third Party Provider; or (ii) the availability of the services provided by the Third Party Provider.

4.7. If you use Courier to arrange delivery of Package(s) not prohibited under these Courier Terms, you assume full responsibility for such Package(s) after delivery, including any damage due to temperature sensitivity and/or tampering.

4.8. To the extent permitted by law, we exclude all warranties and disclaim all liability for any act or omission by you or any third party.

4.9. In addition to any indemnity provided in section 5 of the Terms, in respect of your use or access to Courier 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 lawyers’ 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 Courier Terms.

5. Termination

Uber may immediately terminate these Courier Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

6. Privacy

You agree to comply with applicable privacy and data protection laws relating to your use of Courier, including any laws requiring that you obtain the consent of senders or recipients to the sharing of their personal information with Uber for processing in accordance with our Privacy Notice.

7. Dispute Resolution Process; Governing Law and Jurisdiction

These Courier Terms shall be exclusively governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to these Courier Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be subject to the dispute resolution process outlined in section 7 of the Terms.