UBER B.V.

SUPPLEMENTAL TERMS - COURIER (SOUTH AFRICA)

1. Contractual Relationship.

These Courier Terms and Conditions (“Courier Terms”) govern your access and use of applications, websites, content, products, and services (the “Services”) made available by Uber 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 under number 56317441 (“Uber”) that enable you to arrange and schedule the delivery of any movable property, which may be transported or which may be the subject of commercial handling (the “Package(s)”), to a designated address by independent third party providers of delivery services who have an agreement with Uber or its affiliates (“Third Party Providers”), (collectively, “Courier”).

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

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

Please read the Courier Terms of Use carefully prior to accessing and using the Services. Your agreement to the Courier Terms establishes a contractual relationship between you and Uber. We may change these Courier Terms from time to time. We will inform you of changes within a reasonable time period. You will be bound by such changes upon their notification to you. If you do not agree with these changes, you are free to stop using Courier. Capitalized terms used in the Courier Terms but not defined in the Courier Terms shall have the meanings ascribed to them in the Terms.

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

2. Access and Use of Courier.

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

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

2.3. Prohibited Items. You may not use or access Courier or use the delivery services provided by Third Party Providers to send any Prohibited Items under the applicable laws in your country (“Prohibited Items”). The list of Prohibited Items includes, but is not restricted to: (i) Illegal items; (ii) Firearms, weaponry, and their parts; (iii) Alcohol; (iv) Highly perishable food or beverages (e.g., raw meat or dairy products), (vi) Pharmaceutical products, over-the-counter medications, vitamins or supplements; (vi) Recreational drugs, drug paraphernalia, or tobacco products; (vii) Money, giftcards, lottery tickets or transferable securities; (viii) Dangerous or hazardous items, including explosives, items that are poisonous or flammable, medical waste and other dangerous or hazardous items as described in the applicable regulations; (ix) Stolen goods; (x) Fragile items; (xi) Cross-border goods; and (xii) Bonded goods. Uber retains the discretion to prohibit additional items from time to time. It is your responsibility to ensure that you have checked the current list of Prohibited Items each time you use the Courier request option.

2.4. Package Restrictions. For the purposes of this section 2.4, the following definitions shall apply:

“Motorcycle” means a two-wheeled motor vehicle;

“Car” means a four-wheeled motor vehicle that may ordinarily be used for the transportation of passengers and of goods; and

“Light Commercial Vehicle” means a four-wheeled motor vehicle that is ordinarily used for the transportation of goods only.

The Package(s), together, per trip,

(i) may not be greater than 15 (fifteen) kilograms (where the Vehicle of the Third Party Provider is a Motorcycle) or 80 (eighty) kilograms (where the Vehicle of the Third Party Provider is a Car), or 1,000 (one thousand) kilograms (where the Vehicle of the Third Party Provider is a Light Commercial Vehicle);

(ii) must fit comfortably in the topbox of a Motorcycle or boot of a mid-size Car or in the loading bay/storage area of a Light Commercial Vehicle; and

(iii) may not have a total value greater than R1,500 (one thousand five hundred Rand).

2.5. Preparing Package(s). You must prepare and securely close and seal the Package(s) for safe delivery. Applicable law may require the Third Party Provider to be aware of the content of Package(s) in which case you shall not seal the Package(s) until such time as the Third Party Provider has inspected the contents of Package(s).

2.6. Refusal or Rejection of Deliveries. You acknowledge and agree that the Packages are delivered at your request by the Third Party Providers. Uber does not deliver the Package(s). When you order the delivery of a Package by Third Party Providers through our Services, you are entering into a contract with a Third Party Provider. The Third Party Providers are free to accept, refuse to pick up or deliver the Package(s) or cancel the delivery of the Package(s) after acceptance for any reason. The Third Party Provider and everyone who signs up to an Uber account are bound by the Community Guidelines available here. If you cancel your request, Uber will charge you a cancellation fee in accordance with Uber's cancellation policies.

2.7. Delivery, Redelivery, and Undelivered Packages. If the Third Party Provider is not able to complete the delivery for example, because the Third Party Provider is unable to locate the delivery location and is unable to make contact with the intended recipient, the Third Party Provider may attempt to arrange for the return of the Package to you. If the Third Party Provider is not able to return the Package to you, you acknowledge and agree that the Package may be left at the original pickup location, an alternative location as instructed by you, an Uber Greenlight Hub (if that option is made available in the particular market), or at the delivery location or safe place near the delivery location as agreed between you and the Third Party Provider. To the extent feasible and if requested by you, the Services will reasonably permit you to rearrange the delivery with Third Party Providers or facilitate the exchange of the undelivered Package between you and the Third Party Providers. You are responsible for the reasonable costs associated with the return, redelivery or disposal of your Package, except where the return, redelivery or disposal arises from any fraudulent, unlawful or negligent act or omission by the Third Party Provider or in case of total or partial non-performance by the Third Party Provider which was not caused by your action or omission. Uber reserves the right to facilitate payment for the reasonable costs associated with the return, redelivery or disposal of your Package on behalf of the Third Party Provider using any of your payment methods designated in your Account. Such amounts will be transferred by Uber to the applicable Third Party Provider.

2.8. Loss or Damages. Third Party Providers are not liable to you or any other person for any loss or damage arising, or that may be suffered, in connection with the provision of the delivery except to the extent that any loss or damage arises from any fraudulent, unlawful or negligent act or omission by the Third Party Provider or the Third Party Provider’s total or partial non-performance which was not caused by you.

2.9. Payment. The charges for delivery of the Package(s) in accordance with the Courier Terms of Use will be presented to you in the Application and/or Website you use to access Courier. Uber reserves the right to facilitate payment for the reasonable charges associated with the delivery, return, redelivery or disposal of your Package on behalf of the Third Party Provider using any of your payment methods designated in your Account. Such amounts will be transferred by Uber to the applicable Third Party Provider. Notwithstanding the foregoing, where Uber makes available the option to pay for the delivery of Package(s) in cash, you shall be responsible for paying the Third Party Provider.

3. Limitation of Liability; Indemnity.

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

3.2. Uber does not maintain insurance for loss, damage, or theft in respect of the Package(s) or delivery provided by Third Party Providers in connection with Courier. You should contact an insurance agent or broker if insurance coverage is desired in connection with the Package(s) or your use of Courier.

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

3.4. Uber is not liable under or in relation to these Courier Terms including, but not limited to, liability in contract, tort (including negligence, misrepresentation), restitution or otherwise for any of the following connected to the use of Courier: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of use or corruption of software, data or information; (vi) loss of or damage to goodwill, (vii) indirect or consequential loss and (viii) Loss, theft, tampering or delay in regards to the Package(s) that you send using Courier.

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

3.6. Uber is not liable for delay or failure in performance resulting from causes beyond our reasonable control.

3.7. Uber’s total liability to you for usage of Courier (and not in relation to any other arrangements between us for which the liability arrangements are governed by way of separate agreement) shall be limited to the value of the contents of the Package(s) subject to a maximum of R1,500 (one thousand five hundred Rand) You may be required to produce proof of the value of the Package(s).

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

3.9. In addition to any indemnity provided in section 5 of the Terms, in respect of your use or access to Courier and your use of delivery services provided by Third Party Providers, you agree to indemnify and hold Uber and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with any loss or damage to property, any injury, illness or death to any person, misdelivery including delivery otherwise than to the addressee, delayed delivery, early delivery or failure to deliver or any other loss or damage of any kind caused by your fraudulent, negligent or unlawful act or omission, or any failure by you to comply with the Courier Terms.

4. Termination. You acknowledge and agree that Courier will be made available by Uber on a temporary basis. Accordingly, and unless terminated earlier in connection with the Services Agreement or the Courier Terms, Uber may, in its sole discretion, terminate these Courier Terms or discontinue Courier at any time by giving you reasonable advance notice in writing.

5. Dispute Resolution Process. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Courier Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be Amsterdam, The Netherlands, without prejudice to any rights you may have under Article 18 of the Brussels I bis Regulation (OJ EU 2012 L351/1) and/or Article 6:236n of the Dutch Civil Code. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole 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 stipulated herein.

6. Governing Law and Jurisdiction. Except as otherwise set forth in these Courier Terms, these Courier Terms shall be exclusively governed by and construed in accordance with the laws of The Netherlands, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply.

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

By accepting these Terms, you agree to be bound by these Terms.