Uber Eats Pro Terms and Conditions

Key Principles

• These terms and conditions (Terms) apply to your participation in Uber Eats Pro (the Program) as provided by Portier New Zealand Limited, a company registered in New Zealand with Registration Number 7056395 and its respective subsidiaries, licensees and affiliated companies (collectively Uber or we).
• Under the Program, eligible Delivery People 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 People.
• 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.

Terms and Conditions

1. Structure of the Terms

1.1 Overview

These Terms are comprised of the following Parts: (i) the "Key Principles" set out above which provide an overview of the Program; and (ii) these Terms which: (A) set out the terms and conditions that apply to your participation in the Program; and (B) describe the documents that make up these Terms.

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 New Zealand; (ii) have met and continue to meet all Delivery Person requirements as referred to in your Delivery Person Agreement or as required by law; (iii) have a current and valid Delivery Person Account; (iv) 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 (i) 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 Person 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 Uber Support via the “Help” section of your Uber Driver 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 Program Account will be deactivated; (ii) you will forfeit your current Points balance; and (iii) 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 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 Program 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 Program Tier.

In order to maintain your Gold, Platinum or Diamond Program Tier status during the entire applicable Program Period, you must maintain, at all times a minimum 90% Satisfaction Rating. Your Satisfaction Rating will be calculated based on the number of thumbs-up feedback from your 100 most recent rated trips by customers and merchants, and is shown in the applicable Delivery Person Account.

(E) If you do not meet the Satisfaction Rating threshold 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 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 New Zealand as a Delivery Person 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 New Zealand as a Delivery Person 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 application or Uber Eats application to obtain any services as a customer.

(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 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 balance within the “Uber Eats Pro” section of your Uber Driver App. 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 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 People and is not guaranteed. Without limiting the rights of Uber to modify, suspend or discontinue the Program under Sections 5.1(A) and 5.6(C), 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 (ie 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 (other than changes which would require a notification in accordance with Section 5.1(B)). 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

These Terms are governed by and construed in accordance with the laws of New Zealand, 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 Uber Driver App where you can send us message us, 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 Delivery Person 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 if the cause is outside of Uber’s control.

(C) We may 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 Consumer Guarantees Act 1993 and the Fair Trading Act 1986 (together, the Acts), 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 Acts 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 Acts): (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 provided by third parties are subject to change at any time in Uber’s discretion, including but not limited to the qualifications for accessing the Rewards as well as the identities of the third parties.

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

(D) Details of the Rewards, their terms and limitations are set out in the Uber Eats Pro section of your Uber Driver App.

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

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

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

(H) 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) Acts has the meaning given to it in Section 5.7(A).

(B) Additional Points has the meaning given to it in Section 3.2(B).

(C) Additional Point Hours has the meaning given to it in Section 3.2(B).

(D) Delivery Person means an independent provider of delivery services (collectively, Delivery People).

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

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

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

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

(I) Program has the meaning given to it in the first bullet point of the “Key Principles” section.

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

(K) Program Member means an eligible Delivery Person participating in the Program.

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

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

(N) Rewards means certain benefits and offers from Uber and third parties that are listed on the Uber Eats Pro (New Zealand) webpage (link here). Full details, terms and limitations can be found in the Uber Eats Pro section of the Driver App.

(O) Satisfaction Rating has the meaning given to it in Section 3.1(D).

(P) Terms has the meaning given to it in the first bullet point of the “Key Principles” section.

(Q) Uber has the meaning given to it in the first bullet point of the “Key Principles” section.

(R) Uber Driver App means the mobile application licensed to Delivery People under the Delivery Person Agreement.

(S) Uber Eats means the on-demand food delivery business of the name provided by affiliates of Uber.

(T) Uber Eats Pro means the Delivery Person loyalty program.

(U) Uber Pro means the Driver Partner loyalty program.

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 Uber Support via the “Help” section of the Uber Driver App, or contact us at https://help.uber.com/.