Sri Lanka Rides User Terms and Conditions

Uber Eats User Terms & Conditions

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Sri Lanka Rides User Terms and Conditions

These terms and conditions ("User Terms") govern the access or use by you, an individual, from within Sri Lanka of Uber application, website, content, and services that enable users of Uber’s mobile applications or websites to request for transportation services through independent third party providers (the “Services”) made available by Uber B.V., a private limited liability company established in the Netherlands, having its offices at Burgerweeshuispad 301, 1076 HR, Amsterdam, the Netherlands, registered at the Amsterdam Chamber of Commerce (“Uber”).

PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING OUR APPLICATIONS AND/OR USING OUR SERVICE.

What services does Uber provide?

The Services constitute a technology platform that enables users of Uber’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule transportation services with independent third party providers of such services under agreement with Uber or certain of Uber’s affiliates (“Third Party Providers”). Unless otherwise agreed by Uber in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT UBER DOES NOT PROVIDE TRANSPORTATION SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY UBER OR ANY OF ITS AFFILIATES.

How is a contract concluded between Uber and you?

By using the Application or the Service, you enter into a contract with Uber (the "Contract"). In order to be able to use the Application or Service, you first need to sign up with Uber. When signing up, you are obligated to provide Uber with your personal information, mobile telephone number and credit card data. Upon successful completion of your signing up with Uber, Uber will provide you with a personal account, accessible by you with a password of your choice.

You have to be 18 years of age or older to use the Service or Application. If you reside in a jurisdiction that restricts the use of the Service or Application because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service and the Application. You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these User Terms and register for the Service and the Application.

How to use the Service and the Application

The Application allows you to send a request for transportation service to Third Party Providers. The GPS receiver - which should be installed on the mobile device (smart phone) on which you have downloaded the Application - detects your location and sends your location information to the relevant Third Party Providers. The Third Party Providers have sole and complete discretion to accept or reject each request for transportation service. The Third Party Providers also have sole and complete discretion over whether to use the Application to receive the leads generated through the Application. If a Third Party Provider accepts a request, the Application notifies you and provides information regarding the Third Party Providers - including its name, vehicle license number, and customer service rating - and the ability to contact the Third Party Providers by telephone. The Application also allows you to view the Third Party Provider's progress towards the pick-up point, in real time.

Uber shall procure reasonable efforts to bring you into contact with a Third Party Provider in order to obtain transportation services, subject to the availability of Third Party Providers in or around your location at the moment of your request for transportation services.

YOU ACKNOWLEDGE AND AGREE THAT FOR THE AVOIDANCE OF DOUBT UBER ITSELF DOES NOT PROVIDE TRANSPORTATION SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY UBER OR ANY OF ITS AFFILIATES.

It is up to the Third Party Provider to offer transportation services, which may be requested through the use of the Application and/or the Service. Uber only acts as an intermediary between you and the Third Party Provider.

Your use of the Application or the Service

You warrant that the information you provide to Uber is accurate and complete. Uber is entitled at all times to verify the information that you have provided and to refuse the Service or use of the Application without providing reasons.

You may only access the Service using authorized means. It is your responsibility to check and ensure you download the correct Application for your device. Uber is not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. Uber reserves the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorized device.

By using the Application or the Service, you further agree that:

1. You will only use the Service or download the Application for your sole, personal use and will not resell it to a third party;
2. You will not authorize others to use your account;
3. You will not assign or otherwise transfer your account to any other person or legal entity;
4. You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
5. You will not use the Service or Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
6. You will not use the Service or Application to cause nuisance, annoyance or inconvenience;
7. You will not impair the proper operation of the network;
8. You will not try to harm the Service or Application in any way whatsoever;
9. You will not copy, or distribute the Application or other Uber Content without written permission from Uber;
10. You will keep secure and confidential your account password or any identification we provide you which allows access to the Service and the Application;
11. You will provide us with whatever proof of identity we may reasonably request;
12. You will only use an access point or 3G/4G data account which you are authorized to use;
13. You are aware that when requesting transportation services by SMS (if available in your jurisdiction), standard messaging charges will apply;
14. You will not use the Service or Application with an incompatible or unauthorized device;
15. You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application or Service.

Payment

You understand that use of the Services may result in charges to you for the services you receive from a Third Party Provider (“Charges”). You may pay for any charges via one of the payment options including cash (paid directly by you to the Third Party Provider at the end of your trip) or digital (for example credit card) offered by Uber from time to time.

If you have chosen to pay digitally via the Application, after you have received services obtained through your use of the Service, Uber will facilitate your digital payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider.

Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, national, provincial and municipal tolls, airport surcharges and processing fees for split payments, and will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Uber. You retain the right to request lower Charges from a Third Party Provider for services received by you from such Third Party Provider at the time you receive such services. Uber will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service.

All Charges are due immediately and digital payments will be facilitated by Uber using the preferred payment method designated in your account, after which Uber will send you a receipt by email. If your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Uber may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your account, if available.

Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Uber will use reasonable efforts to inform you of Charges that may apply, and you will be responsible for Charges incurred under your account regardless of your awareness of such Charges or the amounts thereof. Uber may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.

This payment structure is intended to fully compensate the Third Party Provider for the services provided. Uber does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Uber (on Uber’s website, in the Application, or in Uber’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services provided is not intended to suggest that Uber provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider. All User Content is subject to the User Generated Content Terms.

Uber reserves the right to charge a fee for the use of the Application and/or the Service. If Uber decides to charge such a fee, Uber shall inform you accordingly and allow you to either continue or terminate the Contract.

The rates that apply for the transportation services by the Third Party Providers can be found on the website and through the Application. These may be modified or updated by Uber from time to time. It is your own responsibility to remain informed about the current rates for the transportation services.

Uber uses a third-party payment processor (the "Payment Processor") to process digital payments using your credit card. The processing of payments, as applicable, in connection with your use of the Application and Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these User Terms. Uber is not responsible for any errors by the Payment Processor. In connection with your use of the Services, Uber will obtain certain transaction details, which Uber will use solely in accordance with its Privacy and Cookie Notice.

Indemnification

By accepting these User Terms and using the Application or Service, you agree that you shall defend, indemnify and hold Uber, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:

1. your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein;
2. your violation of any rights of any third party, including Third Party Providers arranged via the Application, and
3. your use or misuse of the Application or Service.

Liability

The information, recommendations and/or services provided to you on or through the website, the Service and the Application is for general information purposes only and does not constitute advice. Uber will reasonably keep the website and the Application and its contents correct and up to date but does not guarantee that (the contents of) the website and/or Application are free of errors, defects, malware and viruses or that the website and/or Application are correct, up to date and accurate.

Uber shall not be liable for any damages resulting from the use of (or inability to use) the website or Application (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the website or Application, unless such damage is the result of any wilful misconduct or from gross negligence on the part of Uber.

Uber shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the website or the Application, including — but not limited to — damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

Without prejudice to the foregoing, and insofar as allowed under applicable law, Uber’s aggregate liability shall in no event exceed an amount of LKR 1,80,000 or, where applicable, the equivalent of that amount in the currency used by you for the payment of the transportation services to the Third Party Provider.

The quality of the transportation services requested through the use of the Application or the Service is entirely the responsibility of the Third Party Provider who ultimately provides such transportation services to you. Uber under no circumstance accepts liability in connection with and/or arising from the transportation services provided by the Third Party Provider or any acts, actions, behaviour, conduct, and/or negligence on the part of the Third Party Provider. Any complaints about the transportation services provided by the Third Party Provider should therefore be submitted to the Third Party Provider.

License Grant, Restrictions and Copyright Policy

For the purpose of these User Terms, the following definitions apply:

"Content" means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.

"Uber Content" means Content owned or used by Uber, its affiliates or licensors and made available through the website, Service or Application, including any Content licensed from a third party, but excluding User Content.

"User" means a person who accesses or uses the Service or Application.

"User Content" means Content that a User posts, uploads, publishes, submits or transmits to be made available on the website or through the Service or Application. All User Content is subject to the User Generated Content Terms.

"Collective Content" means, collectively, Uber Content and User Content.

Subject to your compliance with these User Terms, Uber grants you a limited, non-exclusive, non-transferable license:

1. to view, download and print any Uber Content solely for your personal and non-commercial purposes; and
2. to view any User Content to which you are permitted access solely for your personal and non-commercial purposes.

You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the website, Service, Application or Collective Content, except as expressly permitted in these User Terms. You may not reuse any Collective Content without first obtaining the written consent of Uber. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Uber or its licensors, except for the licenses and rights expressly granted in these User Terms.

License Granted by User

We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the website or through the Service or Application. User Content will be deemed non-confidential and non-proprietary. Accordingly, Uber shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium and throughout the world ("License Grant").

You acknowledge that Uber only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. Uber shall not be continuously monitoring User Content published by you or moderating between Users, nor shall Uber be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of Uber.

Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.

You agree to indemnify and keep Uber, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Uber or its affiliated companies related to any User Content posted or transmitted by you or your other use of the website, the Service or the Application.

Uber reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which Uber believes is not in accordance with these User Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Uber.

You agree to promptly notify Uber in writing of any User Content which breaches these User Terms. You agree to provide to Uber sufficient information to enable Uber to investigate whether such User Content breaches these User Terms. Uber agrees to make good faith efforts to investigate such complaints and shall take such action as Uber in its sole discretion decides. However, Uber does not warrant or represent that it will block or remove (in whole or in part) such user Content.

Application License

Subject to your compliance with these User Terms, Uber grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device that you own or control and to run such copy of the Application solely for your own personal use.

You shall not

1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Application in any way;
2. modify or make derivative works based upon the Service or Application;
3. create Internet "links" to the Service or "frame" or "mirror" any Application on any other server or wireless or Internet-based device;
4. reverse engineer or access the Application in order to
   1. design or build a competitive product or service,
   2. design or build a product using similar ideas, features, functions or graphics of the Service or Application, or
   3. copy any ideas, features, functions or graphics of the Service or Application, or
5. launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application.

You shall not:

1. send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
2. send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
3. send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
4. interfere with or disrupt the integrity or performance of the website, the Application or Service or the data contained therein; or
5. attempt to gain unauthorized access to the website, the Application or Service or its related systems or networks.

Uber will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Uber may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that Uber has no obligation to monitor your access to or use of the website, Service, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the website, the Application and Service, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Uber reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Uber, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the website, the Service or Application.

Copyright Policy

Uber respects copyright law and expects its users to do the same. It is Uber’s policy to terminate in appropriate circumstances Users or other account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders. Please see Uber’s Copyright Policy at www.uber.com/legal/copyright, for further information.

Intellectual Property Ownership

Uber alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the website, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the website, Application or the Service.

These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the website, the Application or the Service, or any intellectual property rights owned by Uber. Uber’s name, logo, and the product names associated with the Application and Service are trademarks of Uber, its affiliated companies or third parties, and no right or license is granted to use them.

Third Party Services and Content

The Services may be made available or accessed in connection with third party services and content (including advertising) that Uber does not control. Once you click on a link to third-party services or content, you will be subject to the terms and conditions and privacy policy of that website, destination, or third-party service provider. Uber will not warn you that you have left the Services or that you are subject to the terms and conditions (including privacy policies) of another website, destination, or third-party service provider. You use all links in third-party websites and advertisements at your own risk as these are not part of the Services and are not controlled by Uber. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Uber does not endorse such third party services and content and in no event shall Uber be responsible or liable for any products or services of such third party providers.

Additionally, Apple Inc., Google, Microsoft Corporation or other operating system providers and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or other operating system - powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

Term and termination of the contract

The Contract between Uber and you is concluded for an indefinite period.

You are entitled to terminate the Contract at all times by permanent deletion of the Application installed on your smartphone, thus disabling the use by you of the Application and the Service. You can close your user account at any time by following the instructions on Uber's website.

Uber is entitled to terminate the Contract at all times and with immediate effect (by disabling your use of the Application and the Service) if you:

1. violate or breach any term of these User Terms, or
2. in the opinion of Uber, misuse the Application or the Service.

Uber is not obliged to give notice of the termination of the Contract in advance. After termination Uber will give notice thereof in accordance with these User Terms.

Invalidity of one or more provisions

The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms.

If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.

Modification of the Service and User Terms

Uber reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Service or Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the website or by sending you notice through the Service, Application or via email. Uber may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the User Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these User Terms in the event of a conflict with respect to the applicable Services.

Uber may amend the User Terms related to the Services from time to time. Amendments will be effective upon Uber’s posting of such updated terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the terms, as amended.

Notice

Uber may give notice by means of a general notice on the Service or Application, or by electronic mail to your email address on record in Uber's account information, or by written communication sent by regular mail to your address on record in Uber's account information.

Assignment

You may not assign your rights under these User Terms without prior written approval of Uber.

Privacy and Cookie Notice

Uber collects and processes the personal data of the visitors of the website and users of the Application according to the Privacy and Cookie Notice https://www.uber.com/privacy/notice.

Applicable law and Dispute Resolution

These User Terms are subject to the laws of Sri Lanka. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the website, the Service or the Application (collectively, "Disputes") will be settled exclusively by the competent court in Amsterdam, the Netherlands, unless you notify Uber within one month after Uber invoking its right pursuant to this provision to commence court proceedings in Amsterdam, the Netherlands, that you demand settlement of the dispute, claim or controversy at hand before the relevant court competent by law.

Final provision

The English text of these User Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.

Uber Eats User Terms & Conditions

1. Contractual Relationship

These Terms of Use ("Terms") govern the access or use by you (“you”), an individual from within any country in the world (excluding the United States and its territories and possessions) of applications (including the Uber Eats App), websites, content (collectively, the “App”) for the purposes of using the Uber Eats platform (the “Services''), made available by Uber Portier B.V. (“Uber”), a private limited liability company established in the Netherlands, having its offices at Burgerweeshuispad 301, 1076 HR, Amsterdam, the Netherlands, registered at The Netherlands Chamber of Commerce under number 65851307.

The Terms also govern the request for delivery services by you on the Uber Eats platform (the “Delivery Services”).

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Uber. If you do not agree to these Terms, you may not access the Services. These Terms expressly supersede prior agreements or arrangements with you in respect of the subject matter hereof.

Supplemental terms may apply to govern policies for a particular event, activity or promotion etc., and such supplemental terms will be disclosed to you in connection with the applicable event, activity or promotion. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable event, activity or promotion. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable event, activity or promotion.

Uber may amend the Terms, any policies or supplemental terms (including the “Community Guidelines”) related to the Services from time to time. Amendments will be effective upon Uber’s posting of such updated Terms at this location or posting of the policies for amendments or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting, or after the expiry of the notice period (whichever is later), constitutes your consent to be bound by the Terms, as amended.

“Community Guidelines” means Uber's community guidelines (which may be modified from time to time by Uber in its sole discretion) as set forth at https://www.uber.com/legal/en/document/?name=general-community-guidelines&country=sri-lanka&lang=en. Our collection and use of personal information in connection with the Services is as provided in Uber’s Privacy Policy located at https://www.uber.com/privacy/notice. Uber may provide to a claims processor, regulator or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may involve you, a Merchant and/or a Delivery Partner and such information or data is necessary to resolve the complaint, dispute or conflict.

2. Using the Services.

The Uber Eats platform is (i) a technology platform that connects you to merchants registered on the App (“Merchant”) to order food, beverages, or other items (“Items”) and (ii) the platform through which Merchants may provide for delivery of Items to you.

• Once you have been provided access to the App by Uber, you may place orders for Items which shall be delivered to you by the Delivery Partners. You may also place orders for Items via the App which do not require the use of Delivery Services such as in case of self pickup (as set out in Clause 5 below).
• A delivery partner is an individual who intends to provide on-demand Delivery Services using the Uber App (a "Delivery Partner") to the Merchant. Upon your placement of an order, a Delivery Partner who accepts the delivery request for provision of Delivery Services from the Merchant will collect the Items from Merchants and deliver such Items to you.
• Uber 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.
• 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 Areas at all times.
• If Delivery Services fail for reasons attributed to you (for example, you did not answer when your Items were sought to be delivered to you) you may be charged full price for the Items and Delivery Services .
• If the Delivery Services fail for any reason not attributed to you, you may be entitled to a refund to your original payment method for any amounts paid.
• Merchants are responsible for fulfilling orders they accept from you, preparing items to an acceptable quality and standard, and ensuring the information on the App, including information about menu items, the final menu prices and applicable tax rates, is correct and up to date;
• Merchants are responsible to obtain relevant licenses and permits, and comply with applicable laws, regulations and guidelines, including any requirements on Item preparation, handling, packaging and safety in Sri Lanka; and
• Merchants are responsible for obtaining all applicable authorizations, consents or permissions required from any relevant parties (including, without limitation, any relevant governmental authorities) for the purpose of the selling of any Items via the App.

The Services are made available solely for your personal, non-commercial use, unless Uber has agreed with you otherwise in a separate agreement.

YOU ACKNOWLEDGE THAT UBER DOES NOT PROVIDE DELIVERY SERVICES OR FUNCTION AS A DELIVERY SERVICE PROVIDER AND THAT ALL SUCH DELIVERY SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS (DELIVERY PARTNERS) WHO ARE NOT EMPLOYED BY UBER OR ANY OF ITS AFFILIATES.

3. Terms Relating to Use of Services Licence

Subject to your compliance with these Terms, (i) Uber grants you for no consideration a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the App on your personal device solely in connection with your use of the Services; and (ii) Uber grants you for no consideration a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Uber and its licensors.

Restrictions

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Uber; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Third Party Services and Content

The Services may be made available or accessed in connection with third party services and content (including advertising) that Uber does not control. Once you click on a link to third-party services or content, you will be subject to the terms and conditions and privacy policy of that website, destination, or third-party service provider. Uber will not warn you that you have left the Services or that you are subject to the terms and conditions (including privacy policies) of another website, destination, or third-party service provider. You use all links in third-party websites and advertisements at your own risk as these are not part of the Services and are not controlled by Uber. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Uber does not endorse such third party services and content and in no event shall Uber be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Microsoft Corporation or other operating system providers and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or other operating system - powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

Ownership

The Services and all rights therein are and shall remain Uber’s property or the property of Uber’s licensors. Neither these Terms nor your use of the Services conveys or grants to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Uber’s company name, logo, product and service names, trademarks or services marks or those of Uber’s licensors.

4. Your Use of the Services

User Accounts

In order to use most aspects of the App and thereafter utilise the Delivery Services, you must register for and maintain an active personal user Uber Eats account ("Account"). You must be at an age of majority as per the local law to which you are subject to obtain an Account in Sri Lanka.

Account registration requires you to submit to Uber certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or debit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Uber in writing, you may only possess one Account.

User Requirements and Conduct

The Services are not available for use by persons under the age of majority as per the local law to which they are subject. Further, you must comply with applicable law where there are any legal age requirements to receive certain Services. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws and Community Guidelines when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Delivery Partner or any other party. In certain instances, you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.

Commercial Electronic Messaging

By creating an Account, you agree that Uber and/or its affiliates may contact you by telephone or commercial electronic messages (including email, SMS, push notifications, or automatic telephone dialing system such as robocalling, etc., where applicable) as part of the normal business operation of your use of the Services. You agree that Uber and its affiliates are not required to include an unsubscribe message in commercial electronic messages where it may be impracticable (including for push notifications). However, you may opt-out of receiving commercial electronic messages from Uber at any time by following the directions found at t.uber.com/unsub-preference. You also acknowledge that opting out of receiving commercial electronic messages may impact your use of the Services. You cannot unsubscribe from transactional messages, including receipts and support responses. These communications are important for your experience.

Text Messaging

By creating an Account, you agree that Uber and its representatives, including its third party service providers, subsidiaries, and affiliates may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided in connection with your Uber Account, for purposes that include, without limitation, marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services.

You also understand that you may opt out of receiving text messages from Uber at any time, either by following the directions regarding how to opt out of relevant text messages using the mobile device that is receiving the messages, or by contacting help.uber.com. If you do not choose to opt out, Uber may contact you as outlined in its Privacy Notice located at https://www.uber.com/privacy/notice. Uber may permit you from time to time to submit, upload, publish or otherwise make available to Uber through the App textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Uber, you grant Uber and its affiliates a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Uber’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. All User Content is subject to the User Generated Content Terms.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Uber the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Uber’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Uber in its sole discretion, whether or not such material may be protected by law. Uber may, but shall not be obligated to, review, monitor, or remove User Content, at any time and for any reason, without notice to you.

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Uber does not guarantee that the App, Delivery Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

5. General Eater Terms

Orders

When you place an order through the App, your order will be communicated to and processed by the relevant Merchant. Orders are subject to Merchant’s Item availability and Delivery Partner’s delivery capacity and availability. The contract for the supply and delivery of Items you have ordered is formed between you and the Merchant when the Merchant accepts the order and we send you a notification of your order being accepted. You are responsible for paying for all Items ordered using your Account, and related Delivery Charges.

Wrong Order, Missing/Inaccurate/Damaged Item

If you believe that the Items that were delivered are a wrong order or there are missing, inaccurate or damaged Items in the order, please proceed to the Help page in the App and provide the relevant details without delay and within 48 hours from receipt of the order. Any information received after this deadline will not be accepted. Uber may also request a photograph showing the problem. Uber will review the relevant information and unless there is reasonable cause to believe the problem was caused by you, you will be provided a refund using the same method you used to pay for your order (save for cash payment where Uber determines refund can only be made via Uber Cash to your Account) in respect of the affected part of the Item; and also in respect of delivery if the whole order was affected. Prior to processing your refund, Uber may take into account relevant factors including the details of the order, your Account history, what happened on delivery and information from the Merchant and Delivery Partner.

Refunds and Exchange of Items

Subject to the "Wrong Order, Missing/Inaccurate/Damaged Item" section above, refunds and/or exchange of any Items such as non-food items are subject to the applicable refunds and exchange policies of the Merchant. Although you may bring the Item(s) directly to the Merchant you placed the order from and present the receipt on your App, the Merchant reserves the final discretion on refunds/exchanges based on their policies.

Delivery and Pick Up

When you place an order, you may have a choice of delivery or pick-up (if it is available in your city).

For Delivery:

The delivery time displayed at the top of your order is estimated and includes factors such as: (a) the time it typically takes the Merchant to accept and prepare an average order, and (b) the time Uber estimates it will take for the Delivery Partner to travel from the pick-up point to the delivery address. Actual delivery time may vary depending on how busy the Merchant is, the size of your order, traffic conditions, weather conditions and other factors.

Please ensure that an accurate delivery address and contact number are reflected in the App for your order to be delivered to the right location. If you would like to change the address after you have placed an order (before the Delivery Partner has been dispatched), Uber may be able to do so if your new address is within the delivery area of the Merchant. If the location is outside of the Merchant’s delivery area, and the Merchant has started Item preparation and/or Delivery Partner is on its way, you may be charged the full amount of the Item, delivery without receiving the Item.

If the delivery of your order is late or does not arrive and the delivery status is shown as incomplete, you can access your Account and directly contact the Delivery Partner for an update on the status of the order. If you are unable to contact the Delivery Partner and/or your order did not arrive but the delivery status is shown as completed, please contact us through the App and provide as much details as possible regarding the order. Uber will review the issue and if it is found that the issue did not arise due to any of your actions, Uber will provide a refund for any payment already made using the same method you used to pay for your order. Prior to processing the refund, Uber may take into account relevant factors including the details of the order, your Account history, what happened on delivery and information from the Merchant and Delivery Partner.

When the order is delivered to you, all risks associated with the Items and your order shall be transferred to you.

Failed Delivery due to You

You must ensure that the delivery address provided by you has safe and available passageways to enable the Delivery Partner to successfully deliver the order to you. If there is no such passageway for Delivery Partner to access and Delivery Partner is unable to deliver the order, you would be charged the full amount of the Item and Delivery Services.

Failed delivery may also take place if the Delivery Partner tries to contact you when the Delivery Partner arrives at the delivery address but you do not respond to incoming phone calls or text messages within 10 minutes of the Delivery Partner physically reaching your provided address. In this instance, the Delivery Partner is unable to complete the delivery and you will be charged for the order.

If you place a "Pick-up" order, you will be notified when the Merchant accepts the order, the estimated time the order will be ready, and when the order is ready for Pick-up. Once your order is confirmed by the Merchant, you will be charged for the order.

Please ensure that you pick up your order from the Merchant at the scheduled time the order is ready. If order is not picked up by the scheduled time, Merchant reserves the right to deem such order as completed.

Cancellation

(i) Cancellation by You

Our cancellation policy depends on your order status and the details of the cancellation policy can be found on https://help.uber.com/ubereats/article/what-is-the-uber-eats-cancellation-policy-?nodeId=78c4c326-15ba-4d6a-9fd2-d8724f525477 (as amended by Uber from time to time).

(ii) Cancellation by Merchants

There may be instances where Merchants may cancel your order after accepting it because such Items are no longer available and/or there are no available Delivery Partners to deliver the order. In such instances, Uber will notify you through the App that the order is canceled. You will not be charged for such canceled orders, and Uber (on behalf of Merchants, with respect to the Items and Delivery Services will refund you for any payment already made using the same method you used to pay for your order.

6. Payment and Tax

Payment

For each order via the App, you will pay for the cost of the Items (“Item Price”) plus a delivery charge for Delivery Services to the Merchant and a Service Fee (“Delivery Charge”). The Delivery Charge may vary based on several factors (including demand and supply of Delivery Partners, distance and time of delivery, variable fees etc), but you will always see the Delivery Charges upfront so you can decide whether you would like to proceed with the order. Each Merchant has the discretion on how much they want to charge for their Items and the offers provided to you on the App, which may vary from what you see when you visit the Merchant.

The Merchant is solely responsible for charging the correct taxes as applicable to them. The Merchant shall levy taxes based on the taxes applicable laws to the Merchant and the Merchant’s sole determination of their tax liability. Uber does not provide any tax advice to the Merchant and is not responsible to determine the Merchant’s tax obligations. Any taxes charged by the Merchant to you are collected by Uber and settled with the Merchant as its payment collection agent.

You will pay a service fee to cover the costs associated with your Uber Eats order (“Service Fee”). Details of the Service Fee applicable to your order shall be visible on the checkout screen before you place an order.

Payment for the Item Price and Delivery Charge (collectively “Charges”) via the App is facilitated by Uber (or its affiliate) on behalf of the Merchant as its payment collection agent. Payment of these charges in such a manner shall be considered the same as payment made directly by you to the Merchant.

Charges will be inclusive of applicable taxes. Charges paid by you are final and non-refundable, unless otherwise determined by Uber (or its affiliate) or required by the Sri Lankan consumer law. All charges are due immediately and payment will be facilitated by Uber (or its affiliate) using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Uber (or its affiliate) may, as the Merchant’s payment collection agent, use a secondary payment method in your Account, if available. In some cases, you can alternatively make your payment in cash directly to the Merchant and Uber by paying the Delivery Partner at the time of delivery. You can select such cash payment option on the App before you place your order. For cash payment, collection of all charges may be facilitated by Delivery Partners (on behalf of the Merchant) as the payment collection agent. Cash payment of charges to Delivery Partners shall be considered the same as payment made directly by you to the Merchant.

This payment structure is intended to fully compensate Merchants for the services or goods provided. Uber does not designate any portion of your payment as a gratuity to Merchants, or Delivery Partners. You understand and agree that, while you are free to voluntarily provide additional payment as a gratuity to any Delivery Partner, you are under no obligation to do so. Payment for the gratuity which is made via the App to Delivery Partners is facilitated by Uber (or its affiliate) on behalf of the Delivery Partner as its payment collection agent for such gratuity. Payment of gratuity in such manner shall be considered the same as payment made directly by you to the Delivery Partner.

Uber uses a third-party payment processor (the "Payment Processor") to process digital payments using your credit card. The processing of payments, as applicable, in connection with your use of the App and Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms. Uber is not responsible for any errors by the Payment Processor. In connection with your use of the Services, Uber will obtain certain transaction details, which Uber will use solely in accordance with its Privacy and Cookie Notice.

Promotional Codes

Uber may create promotional codes or coupons that may be redeemed for Account credit, or other features or benefits related to the Services, and Items provided by a Merchant, subject to any additional terms that Uber establishes on a per promotional code or coupon basis ("Promo Codes"). You agree that the Promo Codes: (i) may not be acquired by you or any other user by duplication of accounts or other inappropriate manner; (ii) must be used for the intended audience and purpose, and in a lawful manner; (ⅲ) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Uber; (iv) may be disabled by Uber at any time for any reason without liability of Uber; (v) may only be used pursuant to the specific terms for such Promo Codes; (vi) cannot be exchanged for cash; and (vii) may expire prior to your use. Uber reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Uber reasonably determines or believes that the use or redemption of the Promo Codes was in error, fraudulent, illegal, or in violation of the applicable Promo Codes' terms or these Terms.

7. Disclaimer and Indemnity

Disclaimer

Except as required under applicable law, the services and goods provided by the Merchants and the Delivery Partners are provided "as is" and “as available”. Uber disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement, and makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. Uber does not guarantee the quality, suitability, safety or ability of Merchants or the Delivery Partners. You agree that the entire risk arising out of your use of the services, and any service or Items requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

Uber’s services may be used by you to request goods or logistics services with third party providers, but you agree that Uber has no responsibility or liability to you related to any goods or logistics services provided to you by the Merchants, the Delivery Partners or any other third party providers other than as expressly set forth in these terms.

The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.

Indemnity

You agree to indemnify and hold Uber and its affiliates harmless from any and all claims, demands, losses, liabilities, and expenses arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Uber’s use of your User Content; or (iv) your violation of the rights of any third party, including Merchants and/or Delivery Partners ("Losses").

Your liability under this clause shall be reduced proportionately if, and to the extent that, Uber directly caused or contributed to any such Losses.

8. Termination of Account

Uber may either (i) restrict you from accessing or using the App, using the Delivery Services, or any part of them, or (ii) terminate these Terms or your access to the App, or generally cease offering or deny access to the Services or any portion thereof, immediately and without notice, in circumstances where Uber reasonably suspects that:

1. you have, or are likely to, breach these Terms or the Community Guidelines; and/or
2. you do not, or are likely not to, qualify, under applicable law or the standards and policies of Uber and its affiliates, to access and use the Services.

You may terminate these Terms at any time, for any reason through the App by going to “Settings-Privacy Settings-Delete Account”. Your account will be immediately deactivated if you delete your Uber account. After 30 days, your account will be permanently deleted. Uber may retain certain information after account deletion as required or permitted by law.

9. Disputes and Governing Law

There are a number of mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any "Dispute"). Uber or its affiliates operate a complaints process to allow you to make complaints about Uber or Merchants and/or Delivery Partners, and Uber also manages refunds (if applicable) to you in relation to those complaints. Uber or its affiliates will operate this complaints process in a reasonable manner. In addition, you may have rights to make a complaint to consumer law bodies in relation to applicable consumer laws.

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Sri Lanka, excluding its rules on conflicts of laws. In the event of a Dispute in relation to these Terms, the Dispute shall be filed to a competent court in Amsterdam, the Netherlands; provided that either party may pursue final and binding arbitration or other alternative dispute resolution as agreed upon by the parties.

Any proceedings, including documents and briefs submitted by the parties, correspondence from a mediator, and correspondence, order and awards issued by an arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation set out in these Terms.

10. Other Provisions

Claims of Copyright Infringement

Claims of copyright infringement should be sent to Uber’s designated agent. Please visit Uber’s web page at https://www.uber.com/legal/en/document/?name=report-copyright-infringement&country=sri-lanka&lang=en for the designated address and additional information.

Notice

Uber may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Uber by written communication to an office of Burgerweeshuispad 301, 1076 HR, Amsterdam, the Netherlands, registered at the Amsterdam Chamber of Commerce under number 65851307, with a copy to legal@uber.com or srilanka-legal@uber.com (addressed to the Sri Lanka Uber EATS team).

General

You may not assign or transfer these Terms in whole or in part without Uber’s prior written approval. You give your approval to Uber for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Uber’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Uber or any third party provider as a result of the contract between you and Uber or use of the Services.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms, including any incorporated policies, constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. Nothing in this clause limits your rights as a consumer that cannot be excluded under applicable law. In these Terms, the words "including" and “include” mean “including, but not limited to”.

Final provision

The English text of these User Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.