UBER EATS SOUTH AFRICA

DELIVERY SERVICES AGREEMENT

Thank you for choosing Uber Eats.

Starting on 2 August 2021, we have made some changes to the way delivery works in South Africa.

This Delivery Services Agreement (the "Terms") sets forth relevant terms and conditions governing the provision of Delivery Services for items ordered via the Uber Eats App, and your relationship with Uber Eats South Africa (Proprietary) Limited ("Uber South Africa") who may provide Delivery Services as described below. You can contact us at +27800172956.

Before placing an order for Delivery Services in South Africa for the first time after 1 August 2021, all Uber Eats users must accept the Terms. By placing an order for Delivery Services, you confirm that you accept the Terms. The Terms will apply to all subsequent orders.

You will be notified about any changes to the Terms by e-mail and a new version will be made available online. When accessing or using the Delivery Services, you consent to be bound by the Terms, as amended, at the time you use the Services.

1. Use of the Uber Eats App
   1. To use the Uber Eats App to order food, beverages, or other items ("Items") from restaurants or other businesses ("Merchants"), you must first register for and maintain an active personal user services account with Uber B.V. ("Uber Account").
   2. With regards to the registration for an Uber Account, the use of the Uber Eats App and your Uber Account, the Uber Application Terms found at https://www.uber.com/legal/en/document/?name=general-terms-of-use&country=south-africa&lang=en (the "Uber App Terms") shall be solely applicable.
   3. Uber may decide according to its reasonable business discretion whether or not to accept your registration for an Uber Account. Once your registration has been accepted, you will be provided access to the Uber Eats App.
2. Use of the Delivery Services

• 1. Once you have been provided access to the Uber Eats App, you may place orders for Items. You may request that Items be delivered ("Delivery Services").
  2. Your Items may be delivered either by Uber South Africa (“Uber Delivery”) or by the Merchant (“Merchant Delivery") depending on the Merchant you have selected.
  3. In the case of an Uber Delivery, you will be charged by Uber South Africa directly for the Delivery Services. Uber South Africa will request an independent contractor who intends to perform on-demand delivery services on Uber South Africa’s behalf using the Uber Eats App (a "Delivery Partner") to collect Items from Merchant and deliver such Items to you.
  4. In the case of a Merchant Delivery, you will be charged by the Merchant directly for the Delivery Services. The Delivery Services will be performed by employees, contractors, workers or agents of Merchant who provide Delivery Services on a Merchant’s behalf, not arranged by Uber.
  5. In other cases, such as a Pickup order, you may place orders for Items via the Uber Eats App which do not require the use of Delivery Services.
  6. These Terms apply to Uber Deliveries only and do not apply to Merchant Deliveries or Pickup orders.
  7. In the case of an Uber Delivery, Uber South Africa will endeavor to ensure that your Items will be delivered to you as soon as reasonably possible. We will give you an estimated range of how long the delivery will take before your 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.
  8. 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 Area at all times.
  9. You are free at all times to request or not request Delivery Services. You and Uber may terminate these Terms or the Delivery Services if the other party violates the provisions of these Terms. You can terminate these Terms by writing to us or by no longer requesting Delivery Services. Uber may suspend all or part of the Delivery Services, and otherwise, operate or discontinue the Delivery Services.
  10. You may cancel your order until the Merchant has begun preparing your Items. Once the preparation has begun, you will no longer be able to cancel and you will be charged full price for your ordered Items. If you cancel your order after the delivery has begun, you will also be charged full price for Delivery Services.
  11. If either an Uber Delivery or Merchant Delivery fails for reasons attributed to you (for example, you did not answer when your Items were delivered to you) you may be charged full price for both Items and Delivery Services.
  12. If Uber South Africa cancels the Delivery Services for any reason not attributed to you, you will be entitled to a refund for any Fees paid.

1. Payment for the Delivery Services
   1. In the case of an Uber Delivery, you will receive two receipts, one from Uber South Africa on behalf of the Merchant for the sale of the Items, and one from Uber South Africa directly for the sale of Delivery Services.
   2. In the case of a Merchant Delivery, you will receive one receipt, from Uber South Africa on behalf of the Merchant, for the sale of both the Items and the Delivery Services.
   3. You shall pay any Fees for Delivery Services via one of the payment options (which will always include credit or debit card) as offered by Uber South Africa from time to time.
   4. If you are unhappy with the Delivery Services provided in connection with an Uber Delivery, your sole recourse will be with Uber South Africa. Uber South Africa will provide refunds for substandard Delivery Services provided in connection with an Uber Delivery at its sole discretion.
   5. Uber will charge you on the basis of the fees valid on commencement of the individual delivery transaction. Uber will communicate the applicable fees via the Uber Eats App to you before you place your order for Delivery Services. All fees are in South African Rands and include VAT.
   6. Without prejudice to any separate right to suspend your Uber Account, insofar as a fee payment cannot be honoured because of insufficient funds, Uber shall be entitled to suspend your access to Delivery Services by blocking the Uber Eats App until your selected payment method is effecting payments.
2. Governing Law and Jurisdiction. These Terms and all non-contractual legal relations arising in any way whatsoever between Uber South Africa and you shall be governed by, construed and take effect in accordance with the laws of South Africa excluding the Vienna Convention. If the mandatory statutory consumer protection laws in your country of residence contain provisions that are more beneficial to you, such provisions shall apply. Customers may bring any judicial proceedings relating to these Terms before the competent court of their place of residence or the competent court of South Africa.
3. Disclaimer
   1. Uber Eats charges each Merchant on the Uber Eats platform a fee for the services it provides to such Merchants through the Uber Eats platform
   2. The prices of Items made available for sale via the Uber Eats platform are set at the discretion of the Merchants and the prices of such Items on the Uber Eats platform may differ to the in-store prices of those same Items or the prices of such Items on other platforms.