Uber Eats Pro Terms and Conditions

Key Principles

• These terms and conditions (Terms) apply to your participation in the Uber Eats Pro Program (the Program) as provided by Uber Australia and its respective subsidiaries, licensees and affiliated companies (collectively Uber or we).
• Under the Program, eligible Delivery Partners can access Rewards, according to their Program Tier status.
• The Program is made available at Uber's discretion, as an additional incentive to eligible Delivery Partners.
• You may be entitled to rewards pursuant to the Program, however the ongoing operation of, and your participation in, the Program is not guaranteed by Uber.
• Uber retains the right to change or cancel the Program at any time pursuant to these Terms.
• You may opt-out of this Program at any time in accordance with these Terms.

Trial Terms

1. Trial Terms

(a) During the Trial Period, these Trial Terms apply to you in addition to the General Conditions and Individual Rewards Terms. To the extent there is any inconsistency between these Trial Terms and any other Terms applicable to the Program, these Trial Terms will take precedence during the Trial Period.

(b) You may opt out of the Trial at any time during the Trial Period. If you opt out of the Trial, you may be eligible to participate in Uber Eats Momentum in accordance with the applicable terms and conditions.

2. Trial Period

(a) Uber will undertake a Trial of the Program for selected Delivery Partners (Trial) from 10 March 2020 until 30 April 2020 (or such other date notified by Uber) (Trial Period).

(b) Uber may at any time extend or terminate the Trial by providing you notice.

(c) Uber may at any time vary the terms and conditions of the Program or the Trial in accordance with Section 5.1 of the General Conditions.

3. Additional Eligibility Criteria

In addition to the eligibility criteria set out in Section 2.1 of the General Conditions, you must be invited to participate in the Program to be eligible to participate in the Program during the Trial Period.

4. Transition from Momentum Rewards

(a) From 10 March 2020, if applicable, Uber will transition you from Momentum Rewards to the Program during the Trial Period.

(b) Uber will review your Satisfaction Rating and deliveries in the three (3) months prior to 1 February 2020 to determine which Tier you will be in for the Trial Period.

(c) You will not be eligible to participate in Momentum Rewards while you are participating in the Program.

(d) For the purposes of these Trial Terms, “Momentum Rewards” means the program operated by Uber referred to as “Momentum Rewards”.

5. End of Trial

(a) At the conclusion of the Trial Period, Uber may in its sole discretion: (i) make the Program available to all Delivery Partners (with or without any changes to these Terms and the Program); (ii) extend the Trial for a further period (with or without any changes to these Terms and the Program); or (iii) suspend or terminate the Program.

(b) In the event that Uber suspends or terminates the Program pursuant to section 5(a)(iii) above and continues to operate Momentum Rewards, Uber will transition you back to Uber Eats Momentum and determine your Tier based on the higher of: (i) your Uber Eats Pro Tier held during the Trial; and, (ii) the Tier you would have had in Uber Eats Momentum during the Trial.

Part 1 : General Conditions

1. Structure of the Terms

1.1 Overview

(a) These Terms are comprised of the following Parts: (i) the "Key Principles" set out above which provide an overview of the Program; (ii) Trial Terms; (iii) Part 1 (General Conditions) which: (A) sets out the general terms and conditions that apply to your participation in the Program; and (B) describes the documents that make up these Terms; and (iv) Part 2 (Individual Rewards) which sets out the terms and conditions applying to specific Rewards available to you in connection with the Program.

1.2 How These Terms Work

(a) These Terms incorporate and consist of the following documents:

(b) The document that is higher in the above list will apply if there is any conflict between those documents.

2. The Program

2.1 Eligibility

(a) You are only eligible to participate in the Program if you: (i) currently live in Australia; (ii) have met and continue to meet all Delivery Partner requirements as referred to in your Technology Services Agreement or as required by law; (iii) have a current and valid Delivery Partner Account; (iv) you do not have a current Driver Partner Account; and (v) have not opted out from participating in the Program (see Section 2.3).

(b) For clarity, if you have a Driver Partner Account you: (i) are not eligible to participate in the Program and cannot earn any rewards in connection with the Program; and (ii) may be eligible for Uber Pro.

2.2 Program Account

(a) If you are eligible to participate in the Program, you will be provided with a Program Account which will be linked to your Delivery Partner Account and will be accessible via your Uber Driver App.

(b) You will be able to view your Points, Program Tier and Rewards via your Program Account.

(c) You must not share your Program Account with any other person or have multiple Program Accounts.

2.3 Opting Out

(a) You may opt-out of the Program at any time and for any reason.

(b) To opt-out of the Program, you will need to contact Uber Support and make this request. You can contact Partner Support via the “Help” section of the app, or at https://help.uber.com/.

(c) Please allow up to 7 days for your opt-out request to be processed.

(d) After your opt-out request has been processed: (i) Your Eats Pro Program Account will be deactivated; (ii) you will forfeit your current Points balance; (iii) and you will not be able to access any Rewards.

(e) You can opt back into the Program at any time.

3. Program Tiers and Rewards

3.1 How is your Program Tier determined?

(a) There are four (4) Program Tiers available to Program Members;

(b) You will unlock a new Program Tier if you achieve the applicable Program Tier requirements (as set out in the table below) in a Program Period;

(c) As soon as you earn the number of required Points for a Program Tier and meet the applicable requirements (as set out above), you will automatically be moved to the applicable Program Tier.

(d) If you are moved to the next Program Tier during any Program Period, you will hold that Tier level for the remainder of the applicable Program Period and for the duration of the next Program Period, provided that you continue to meet the applicable requirements for that Tier.

In order to maintain your Gold, Platinum or Diamond Tier status during the entire applicable Program Period, you must maintain, at all times a minimum 90% Satisfaction Rating ( the Quality Standard). Your Satisfaction Rating will be calculated based on the thumbs-up feedback from your 100 most recent rated trips from eaters and restaurant partners.

(e) If you do not meet the Quality Standard during a Program Period you will: (i) lose your current Program Tier status and access to the corresponding Rewards; and (ii) be moved down to the Green Tier, unless: (A) you meet the Quality Standard for a higher Program Tier; or (B) you choose to opt out of the Program in accordance with Section 2.3.

(f) Once you achieve a Program Tier level, some but not all Rewards may be available for you to access immediately. You may be required to exit the Uber Driver App, go offline and then come back online again in order to access the specific Rewards.

3.2 Earning Points

(a) You will earn 1 Point for every delivery you complete in Australia as a Delivery Partner in connection with the Uber Eats application.

(b) You will earn additional Points as set out in the table below (Additional Points) for every delivery you complete in Australia as a Delivery Partner in connection with the Uber Eats application during the following times (displayed in the local time zone) (Additional Point Hours):

(c) No Points will be earned where you use the Uber or Uber Eats application to obtain any services as a rider or eater.

(d) Points earned in connection with the Program have no monetary value and may not be exchanged for cash.

(e) Uber may revoke Points or adjust your Points balance where: (i) The delivery for which the Points were earned is refunded; or, (ii) in Uber's sole discretion, Uber believes, following reasonable inquiries, that such Points were obtained under or in connection with any fraud, abuse of the Uber Driver App or in violation of these Terms

3.3 Program Periods

(a) You will earn Points in the following fixed three (3) month periods: (i) 1 August - 31 October; (ii) 1 November - 31 January; (iii) 1 February - 30 April; and (iv) 1 May - 31 July,

each a "Program Period".

(b) Points will be added to your Program Account in the Program Period during which Uber processes the applicable Points (which may be a different Program Period to when those Points were earned).

(c) Your Points will not carry over into the next Program Period and your Points balance will be reset at the end of each Program Period.

3.4 Points Balances

(a) You can view your current Points balances within the Profile Page of your Uber Driver App under "Points Balance". Points earned will usually be shown in your Program Account straight after your trip.

(b) If you identify any errors or omissions on transactions posted to your Program Account you will need to report it within one month after you discover the error or omission by contacting Uber in accordance with the "Contact Us section" in Part 2 of these Terms below.

(c) Uber will have sole discretion in decisions relating to the credit of Points to your Program Account but will act reasonably in doing so.

(d) Uber will use reasonable efforts to ensure Points balances are accurate, however, there may be a delay in displaying Points in your Program Account where there is a system outage or other technical issue. In this case, Uber will use reasonable endeavours to process Points as soon as practicable following any such outage.

4. Suspension and Termination

4.1 Suspension and Termination by Uber

Participation in the Program is a privilege granted to Delivery Partners and is not guaranteed. Without limiting the rights for Uber to modify, suspend or discontinue the Program under clause 5.6, Uber may suspend or terminate your Program Account at any time and for any reason by telling you in writing.

4.2 Termination by You

You may terminate your Program Account at any time by opting out of the Program in accordance with Section 2.3.

4.3 Effect of termination of Program Account

(a) If your Program Account is terminated, you will no longer be a Program Member and all Points earned during the relevant Program Period will be forfeited immediately.

(b) Termination will not affect any Rewards you have redeemed prior to the effective date of termination.

(c) If we have suspended or terminated your Program Account for your fraud or non-compliance with these Terms, you will not be able to participate in or re-join the Program.

5. General Provisions

5.1 Changes to the Program

(a) Uber may modify any part of the Program at any time, including in respect of Rewards offered under each Program Tier.

(b) If Uber reasonably believes a change to any part of the Program will have a detrimental impact on you or Program Members, Uber will provide you with 14 days’ notice of such change.

(c) Examples of changes which may have a detrimental impact may include: (i) changes which govern how Points are earned on and after the date of change; (ii) changes to the number of Points required to access a Program Tier; (iii) any other requirements necessary to obtain Rewards within a Tier; or, (iv) termination of the Program (i.e., an end to the Program for all eligible Program Members).

(d) No Points will be earned after the effective date of termination.

(e) It is your responsibility to review these Terms regularly to ensure that you are aware of any changes to the Program or these Terms. You agree that your continued participation in the Program or access to or use of your Program Account shall be deemed your acceptance of any modifications to these Terms. Unless stated otherwise, any and all changes and/or amendments to these Terms will become binding upon all Program Members immediately.

(f) If you do not agree to any changes to these Terms you may opt out of the Program in accordance with Section 2.3.

5.2 Governing Law

(a) These Terms are governed by and construed in accordance with the laws of New South Wales, excluding its rules on conflicts of laws.

5.3 Dispute Resolution

(a) Either of us may tell the other about the existence of a Dispute. If you have a Dispute, please contact Uber Support via the “Help” section of the app where you can message, or at https://help.uber.com/. We will act reasonably and attempt to resolve the Dispute and will follow any dispute resolution process set out in your Technology Services Agreement.

(b) Each of us must continue to comply with these Terms despite the existence of any Dispute.

5.4 Assignment

(a) Uber may assign or transfer any or all of its respective rights or obligations under these Terms or the Program, in whole or in part, without obtaining your prior consent.

(b) You may not assign or transfer these Terms or your Program Account, as these Terms and your Program Account need to remain with you.

5.5 Interpretation of Terms

Uber will have sole discretion in interpreting these Terms but Uber will act reasonably in doing so. Uber’s decisions will be final.

5.6 Disclaimer

(a) The Program and/or any of its features may be unavailable, inaccurate or interrupted from time to time for a variety of reasons outside of Uber's control.

(b) We are not responsible for any unavailability, interruptions or errors of the Program, its features or any Rewards.

(c) We may modify, suspend, or discontinue the Program or any feature at any time by providing you with 14 days written notice.

(d) The Program and all the information accessible through it are provided for informational purposes only on an “as is” and “as available” basis. We, our affiliated entities and third party Rewards providers and their agents make no warranties, representations, or guarantees of any kind, express or implied, including, but not limited to, accuracy, currency, or completeness, the operation of the Program, the information, materials, content, availability, and products. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

(e) Nothing in these Terms is intended to exclude liability for fraud or fraudulent misrepresentations or any other representations which cannot be excluded by law.

5.7 Limitation of Liability

(a) Certain legislation, including the Competition and Consumer Act 2010 (Cth) (the Act) may limit Uber's ability to exclude liability or may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified, except to a limited extent. These Terms must be read subject to such statutory provisions.

(b) If Uber is liable to you under the Act or similar legislation, to the extent which Uber may do so, Uber limits its liability in respect of any claim under these Terms to, at Uber's option: (i) in the case of goods: (A) the replacement of the goods or the supply of equivalent goods; (B) the repair of the goods; (C) the payment of the cost of replacing the goods or acquiring equivalent goods; or (D) the cost of having the goods repaired; and, (ii) in the case of services (as defined by the Act): (A) supplying the services again; or (B) the payment of the cost of having the services supplied again.

5.8 Rewards

(a) All Rewards are granted at the discretion of Uber and may change or be cancelled at any time.

(b) Rewards are not redeemable for Points and have no cash value.

(c) Reward details, terms and limitations are set out in Part 2 of these Terms.

(d) Rewards provided by third parties may require additional action by you, including, agreeing to additional terms or creating an account with such third party.

(e) Delivery Partners are responsible for all taxes that may be owed in the receipt of Rewards.

(f) Uber is not responsible, and disclaims all liability, for the products or services offered by third parties in connection with the Program.

(g) To ensure the success of the Program, Uber may collect information on such third party Rewards-based transactions for information and reporting purposes, in each case pursuant to the terms agreed to by the third party Reward provider and the Program Member.

6. Definitions and Interpretation

6.1 Definitions

In these Terms:

(a) Delivery Partner means an independent provider of delivery services.

(b) Delivery Partner Account means your registered account and Delivery Partner profile made available via the Uber Driver App.

(c) Driver Partner means an independent provider of on-demand transportation services.

(d) Driver Partner Account means your registered account and Driver Partner profile made available via the Uber Driver App.

(e) Effective Date means 10 March 2020.

(f) Points means the Program points earned in accordance with Section 3.2.

(g) Program Account means the rewards program account made available to you by Uber.

(h) Program Member means an eligible Driver Partner participating in the Program.

(i) Program Period means the fixed period of time during which Points are earned as further described in Section 3.3.

(j) Program Tier means a loyalty status tier within the Program as described in Section 3.1.

(k) Rewards means certain benefits and offers from Uber and certain third parties as further described in Part 2 of these Terms and as displayed in the Driver App.

(l) Satisfaction Rate means the percentage of thumbs up ratings from eaters and restaurant partners as shown in the applicable Delivery Partner Account.

(m) Uber Australia means Uber Australia Pty Limited, a company registered in Australia with ACN 160 299 865.

(n) Uber Driver App means the mobile application licensed to Driver Partners under the Technology Services Agreement to enable them to seek, receive and fulfil requests for transportation services.

(o) Uber Eats Pro means the Delivery Partner loyalty program called "Eats Pro".

(p) Uber Pro means the Driver Partner loyalty program called “Pro”.

6.2 Interpretation

In these Terms, unless the context otherwise requires: (a) headings and information boxes are for convenience only, and do not affect interpretation; (b) reference to any document includes reference to that document as amended, novated, supplemented, or replaced from time to time; (c) a person includes any type of entity or body of persons, whether or not it is incorporated or has a separate legal identity, and any executor, administrator or successor in law of the person; (d) if an example is given of anything, such as by saying it includes something else, the example does not limit the scope of that thing; and (e) "written" and "in writing" include any means of reproducing words, figures or symbols in a tangible and visible form.

Contact Us

If you have questions or comments regarding the Program you may contact us at https://help.uber.com/.

Part 2: Individual Rewards

The following list includes details on a selection of the current offers in the Uber Eats Pro Program, provided by participating partners or Uber. Please note that offers from external participating partners, including but not limited to the qualifications for accessing the rewards, as well as the identities of the partners themselves, are subject to change at any time in Uber’s discretion. There may be additional rewards not listed here, but which appear in your driver app.

Caltex Fuel Discount

Who is Eligible: All Delivery Partners in the Uber Pro Program are eligible for this Reward, subject to any further terms set out in the Rewards section of your Driver App or as stipulated by Caltex to you.

The fuel discount received pursuant to this Reward will depend on your Program Tier, as set out in the table below:

Fuel discounts can only be redeemed at the time of fill up after you scan your in-app Pro Membership Card (found in the Uber Pro section of your Driver App) on the scanner device made available at Participating Locations. You may only receive a fuel discount on a maximum of two fill ups per 24 hour period and fuel discounts may only be applied to up to 120 litres per Delivery Partner per transaction. Discounts do not apply to LPG. Fuel discounts cannot be used in conjunction with any other fuel discount or loyalty offer which is not jointly offered by Uber and Caltex (including Woolworths Rewards) at any Participating Location. If you receive the incorrect fuel discount based on your Program Tier, please contact Uber Support via the “Help” section of the app where you can message us, or at https://help.uber.com/.

You will also able to enjoy the following benefits as part of this Reward, regardless of your Program Tier:

Free Regular Foodary Express Coffee (or Tea) with Fuel purchase: receive one free regular coffee (or tea) from Participating Locations which have a coffee machine (excluding the Foodary’s barista-made coffee) when you fill up a minimum of 25 litres of fuel and present your in-app Pro Membership Card. Only one coffee (or tea) per 24 hour period.

Supercheap Auto: Discounted Auto Retailing

Who is Eligible: All Delivery Partners in the Uber Pro Program are eligible for this Reward, subject to the terms on the Supercheap Auto website.

Supercheap Auto provides discounted pricing on in-store and online auto retail and services as displayed on the Supercheap Auto website. The discount you may receive will depend on your Program Tier, as detailed in your Delivery Account and on the Supercheap Auto website.

Airtax: Financial Management

Who is Eligible: All Delivery Partners in the Uber Pro Program are eligible for this Reward, subject to the terms on the Airtax website.

Airtax can help you with your business activity statements (BAS) and income tax return lodgements, including by automatically pre-filling in your BAS lodgement form with your rideshare driving income. See Airtax’s website for current deals for eligible Delivery Partners.

H&R Block: Financial Management

Who is Eligible: All Delivery Partners in the Uber Pro Program are eligible for this Reward, subject to the terms on the H&R Block website.

H&R Block can provide you with discounted tax services as well as specialist tax advice specific to ridesharing. See H&R Block’s website for current deals for eligible Delivery Partners.

Quickbooks Self Employed

Who is Eligible: All Delivery Partners in the Uber Pro Program are eligible for this Reward, subject to the terms on the Quickbooks website.

Quickbooks Self Employed allows you to digitally keep track of expenses through the Quickbooks app. Quickbooks Self Employed also has the ability to integrate with Airtax. See the Quickbooks Self Employed website for current deals for eligible Delivery Partners.

Bridgestone Australia: Discounted Tyres

Who is Eligible: All Delivery Partners in the Uber Pro Program are eligible for this Reward, subject to the terms on the Bridgestone Uber Pro Business portal.

Bridgestone Australia provides discounted pricing on tyres as shown on the Bridgestone Uber Pro Business portal, which may vary depending on your location. The discount you may receive will depend on your Program Tier, as detailed in your Driver Account and on the Bridgestone Uber Pro Business portal. Available at participating stores only.