Uber B.V. – Terms and Conditions – New Zealand

Last updated: 1 April 2024

1. CONTRACTUAL RELATIONSHIP

These Uber B.V. – Terms and Conditions – New Zealand (“Uber Terms”) govern the access or use by you, an individual, from within any country in the world (excluding the United States and its territories and possessions and Mainland China) of applications, websites, content, products, and services (the “Uber 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”).

Scope of these Uber Terms

Uber Services may be provided by Uber or, if specified in these Uber Terms or any supplemental terms, affiliates of Uber. However, the Uber Services provided by Uber under these Uber Terms do not include any delivery services. An Uber affiliate in New Zealand may offer delivery services in certain circumstances (“Uber Delivery Services”). If you request Uber Delivery Services that service will be provided to you under a separate delivery services agreement (“Uber Delivery Terms”) between you and the Uber affiliate.

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

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

Supplemental terms

Supplemental terms may apply to certain Uber Services, such as policies for a particular event, activity or promotion, or a particular category of Uber Services. Supplemental terms will be provided to you in connection with the applicable Uber Services.

Any supplemental terms are in addition to, and shall be deemed a part of, the Uber Terms for the purposes of the applicable Uber Services. Supplemental terms shall prevail over these Uber Terms in the event of a conflict with respect to the applicable Uber Services. To avoid doubt, any Uber Delivery Terms accepted by you are not supplemental terms. If you accept Uber Delivery Terms, a separate agreement is formed between you and the Uber affiliate identified in the applicable Uber Delivery Terms for the supply of the relevant Uber Delivery Services.

Amendments

Uber may amend the Uber Terms, any supplemental terms or policies (including the "Community Guidelines", available at https://www.uber.com/legal/en/document/?name=general-community-guidelines&country=new-zealand&lang=en) related to the Uber Services from time to time. Uber will provide you with at least 30 days’ written notice in the event of a material change to any Uber Terms, policies or supplemental terms that detrimentally affects your rights under these Uber Terms. Amendments will be effective upon posting of such updated Uber Terms at this location or the amended supplemental terms or policies on the applicable Uber Service or at this location (as the case may be). Your continued access or use of the Uber Services after such posting, or after the expiry of the notice period (whichever is later), constitutes your consent to be bound by the Uber Terms, policies and supplemental terms, as amended.

Termination or restriction of the Uber Services

Uber may restrict you from accessing or using the Uber Services, or any part of them, immediately, without notice, in circumstances where Uber reasonably suspects that:

(a) you have, or are likely to, breach these Uber Terms;

(b) you do not, or are likely not to, qualify, under applicable law or the standards and policies of Uber, to access and use the Uber Services; and/or

(c) you or others may be at risk of harm as a result of consumption of certain regulated items (including, but not limited to, alcohol) made available by Third Party Providers via the Application, which may come about, for example, as a result of: (i) a report made to Uber (or its affiliate) by a third party; (ii) delivery refusal (e.g. due to intoxication); and/or (iii) a review of your purchases of regulated items using the Application.

Uber may terminate these Uber Terms or any Uber Services with respect to you, or generally cease offering or deny access to the Uber Services or any portion thereof:

(a) immediately, where Uber reasonably suspects that: (i) you have, or are likely to, materially breach these Uber Terms; (ii) you do not, or are likely not to, qualify, under applicable law or the standards and policies of Uber, to access and use the Uber Services; and/or (iii) you or others may be at risk of harm as a result of consumption of certain regulated items (including, but not limited to, alcohol) made available by Third Party Providers via the Application, which may come about, for example, as a result of: (A) a report made to Uber (or its affiliate) by a third party; (B) delivery refusal (e.g. due to intoxication); and/or (C) a review of your purchases of regulated items using the Application; or

(b) on 30 days’ written notice to you, where Uber, acting reasonably, terminates these Uber Terms or any Uber Services for any legitimate business, legal or regulatory reason.

Without limiting its other rights under these Uber Terms, Uber may immediately restrict or deactivate your access to the Uber Services if you breach the Community Guidelines at any time.

You may terminate these Uber Terms, or stop using the Uber Services, at any time, for any reason.

Privacy

Our collection and use of personal information in connection with the Uber Services is as provided in Uber’s Privacy Notice. Uber may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.

2. THE UBER SERVICES

Uber will provide the Uber Services to you in accordance with these Uber Terms. The Uber Services constitute the provision of a technology platform that enables you, as a user of Uber’s applications or websites (each, an “Application”) to: (a) arrange and schedule certain services with independent third party providers of those services that have an agreement with Uber or its affiliates (“Third Party Providers”), including: (i) transportation services from those Third Party Providers; and (ii) the purchase of items or delivery services from those Third Party Providers; (b) subject to you accepting the Uber Delivery Terms, purchase delivery services from an Uber affiliate (in that affiliate‘s capacity as a delivery services provider) under a separate agreement between you and that affiliate; and (c) facilitate payments to Third Party Providers for the goods and services provided to you by those parties and receive receipts from an Uber affiliate for those payments.

The Uber 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: (a) Uber does not provide transportation services or function as a transportation carrier; (b) all such transportation services are provided by independent third party contractors who are not employed by Uber or any of its affiliates; (c) Uber does not provide delivery services; and (d) delivery services may be provided by an Uber affiliate (in its capacity as a delivery services provider) in accordance with the Uber Delivery Terms or a Third Party Provider, if you have purchased delivery services from that Uber affiliate (in its capacity as a delivery services provider) or Third Party Provider via an Application. Uber accepts liability for the Uber Services and Application that it provides to you subject to these Uber Terms. Third Party Providers are solely responsible for the services they provide to you. If an Uber affiliate provides Uber Delivery Services to you, that affiliate is solely responsible for the Uber Delivery Services it provides to you in accordance with the Uber Delivery Terms.

Licence

Subject to your compliance with these Uber Terms, Uber grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable licence to: (i) access and use the Applications on your personal device solely in connection with your use of the Uber Services; and (ii) access and use any content, information and related materials that may be made available through the Uber Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Uber and Uber’s licensors.

Restrictions

You may not: (i) remove any copyright, trade mark or other proprietary notices from any portion of the Uber 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 Uber Services except as expressly permitted by Uber; (iii) decompile, reverse engineer or disassemble the Uber Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Uber Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Uber Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Uber Services; or (vi) attempt to gain unauthorised access to or impair any aspect of the Uber Services or its related systems or networks.

Provision of the Uber Services

You acknowledge that portions of the Uber Services may be made available under Uber’s various brands or request options associated with transportation or delivery services, including the transportation request brands currently referred to as “Uber,” “UberX,” “Assist,” “Uber Pet,” and “Comfort,” and the delivery request brands currently referred to as “Uber Eats” and “Uber Connect”. However, you also acknowledge that any Uber Delivery Services ordered via “Uber Eats” or “Uber Connect” will be separately provided under the applicable Uber Delivery Terms by the Uber affiliate identified in those terms (in its capacity as a delivery services provider). The Uber Delivery Terms that apply in these circumstances are available here.

You also acknowledge that the Uber Services may be made available under such brands or request options by or in connection with: (i) certain of Uber’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorisations or licences.

Third Party Services and Content

The Uber 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 Uber 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 Uber 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.

Ownership

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

Uber Active Area

The goods and services that you may request using the Uber Services are available in designated areas as communicated via the Application from time to time (“Uber Active Area”). Uber does not guarantee that you will be able to use the Uber Services to request any such goods and services in the Uber Active Area at all times.

3. YOUR USE OF THE UBER SERVICES

User Accounts

In order to use most aspects of the Uber Services, you must register for and maintain an active personal user Uber Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Uber Service permits otherwise. 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 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 Uber 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 Uber Services are not available for use by persons under the age of 18. You may not authorise third parties to use your Account, and you may not allow persons under the age of 18 to receive: (i) transportation services from Third Party Providers unless they are accompanied by you; or (ii) delivery services from Third Party Providers or any Uber affiliate (in its capacity as a delivery services provider) unless permitted by you, and you agree to take full responsibility for their acts or omissions. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Uber Services, and you may only access or use the Uber Services for lawful purposes (e.g., no transport of unlawful or hazardous materials) and in accordance with these Uber Terms. You will not, in your use of the Uber Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party, including Uber, its affiliates or any of their employees, agents or contractors. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Uber Services, and you agree that you may be denied access to or use of the Uber Services if you refuse to provide proof of identity or other method of identity verification.

Guest Users

If you have an Account, you may not allow third parties to receive transportation services from Third Party Providers arranged through your Account unless they are accompanied by you or unless such services are accessed through the “Guest Riders” request option. You must not request any transportation services under the “Guest Riders” request option for any individuals who: (a) are under 18 years of age; or (b) have had their access to the Uber Services restricted or deactivated due to a breach of these terms or the Community Guidelines. If you request transportation services for another individual (“Guest User”) using the “Guest Riders” request option, you acknowledge and agree that: (a) you are responsible for all acts or omissions of the Guest User in connection with the services; (b) all information provided by you to Uber regarding the Guest User, including name and contact details, is accurate and complete; and (c) you have obtained the Guest User’s consent to: (i) Uber or its affiliates collecting the Guest User’s personal information from you, and sharing such personal information with Third Party Providers and other parties, for the purpose of facilitating access to the services; (ii) receiving SMS messages and emails from Uber, or otherwise being contacted by Uber, in connection with the services; and (iii) Uber providing you with the Guest User’s detailed trip information, including real-time trip status and location.

Commercial Electronic Messaging

By creating an Account or accessing the Uber Services, you agree that Uber or its affiliates may send you commercial electronic messages (including email, SMS or push notifications, where applicable) as part of the normal business operation of your use of the Uber 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 http://t.uber.com/unsub-preference. You also acknowledge that opting out of receiving commercial electronic messages may impact your use of the Uber Services. You cannot unsubscribe from transactional messages, including trip receipts and support responses. These communications are important for your experience.

Promotional Codes

An Uber affiliate may, in its sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to a Third Party Provider’s services, subject to any additional terms that the Uber affiliate establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) 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 the Uber affiliate; (iii) may, as permitted by law, be disabled by Uber or its affiliate at any time without liability to Uber or its affiliate; (iv) may only be used pursuant to the specific terms that the Uber affiliate establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. The Uber affiliate 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 the Uber affiliate reasonably determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Uber Terms. This section does not apply to promotional codes for Uber Delivery Services. Instead, the Uber Delivery Terms apply to those promotional codes.

User Provided Content

Uber may, in Uber’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Uber through the Uber Services textual, audio, and/or visual content and information, including commentary and feedback related to the Uber Services, Delivery People and Third Party Providers, initiation of support requests, and submission of entries for competitions and promotions (“User Generated Content”). All User Generated Content is subject to the User Generated Content Terms, including provisions on ownership and usage rights.

Network Access and Devices

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

4. PAYMENT

You understand that use of the Uber Services may result in charges to you for the services or goods you receive from a Third Party Provider or for any services you receive from an Uber affiliate (“Charges””). Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by the Third-Party Provider and/or the Uber affiliate, or required under applicable New Zealand consumer law.

With respect to Third Party Providers, Uber and/or its affiliates will facilitate your payment of the applicable Charges on behalf of the Third Party Provider. If Uber and /or its affiliates bear responsibility for payment of any GST charged in respect of goods or services provided by a Third Party Provider, Uber and /or its affiliates will retain, own and remit the GST component of the relevant Charges to the Inland Revenue Department. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider (other than the GST component of the relevant Charges which is retained by Uber and /or its affiliates where the applicable GST laws require it to make payment of that GST directly to the Inland Revenue Department). You retain the right to request lower Charges from a Third Party Provider for transportation services received by you from such Third Party Provider at the time you receive such transportation services. An Uber affiliate will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. 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 or goods obtained through the Uber Services, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Uber Services, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.

There also may be certain Charges you incur that will be owed and paid directly to an Uber affiliate. For the avoidance of doubt, Uber or its affiliates do not charge a fee for you to access the Uber App, but may charge you a fee or other Charge in connection with accessing goods or services from a Third Party such as a fee for support services supplied by an Uber affiliate.

All Charges are due immediately and payment will be facilitated or enabled by Uber and / or its affiliates using the preferred payment method designated in your Account, after which you will be sent 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 and/or its affiliates may use a secondary payment method in your Account, if available.

You acknowledge that an Uber affiliate may, acting reasonably, establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Uber Services at any time at the direction of the Third Party Provider or otherwise in the Uber affiliate’s discretion, including in certain circumstances such as where you choose an additional service that incurs an additional charge, or an item you requested is out of stock. 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 ensure the Uber affiliate informs you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account. You acknowledge that an Uber affiliate may from time to time provide certain users with Promo Codes that may result in different amounts charged for the same or similar services or goods obtained through the use of the Uber Services, and you agree that such Promo Codes are provided to you for no fee, have no monetary value, cannot be redeemed for cash, are not exchangeable or transferable and, unless also made available to you, shall have no bearing on your use of the Uber Services or the Charges applied to you.

Cancellations

You may elect to cancel your request for transportation 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, subject to Uber’s or its affiliate’s cancellation policies. If the transportation services are cancelled for any reason not attributed to you in accordance with Uber’s or its affiliate’s cancellation policies, you will be entitled to a refund for any charges paid.

If you purchase items or items and delivery services from a Third Party Provider, other than from a Third Party Provider who sells non-restaurant food items including, for example, items from grocery, convenience, alcohol, specialty goods such as florists or butchers, pharmacy and/or pet stores (“Non-Restaurant Food Items”), you may cancel your order at any time. After five (5) minutes from placing your order, you will no longer be able to cancel your order without incurring a charge, which will be no more than the full price for your ordered items. If you cancel your order after the delivery has begun, you will also be charged the full price for the delivery services purchased from the Third Party Provider.

If you purchase items or items and delivery services from a Third Party Provider who sells Non-Restaurant Food Items, you may cancel your order at any time. If you cancel your order after the delivery has begun, you will incur a charge which will be no more than the full price for your ordered items and the full price of the delivery services purchased from the Third Party Provider.

Uber may, in Uber’s sole discretion, waive in part or full, an applicable cancellation charge in relation to your purchase of items or items and delivery services from a Third Party Provider in certain circumstances. A request for any such waiver must be made via an Uber affiliate’s customer support service.

If any delivery services provided by a Third Party Provider fail or are cancelled for reasons that Uber determines, acting reasonably, are attributed to you (for example, you provided an incorrect delivery address) you will be charged no more than the full price for both the items and any delivery services purchased from the Third Party Provider. If any delivery services provided by a Third Party Provider fail or are cancelled for any reason that Uber determines, acting reasonably, are not attributed to you, you will be entitled to a refund for any charges paid for those delivery services.

The terms and conditions that apply to charges for Uber Delivery Services provided by an Uber affiliate are set out in the Uber Delivery Terms.

If you have other issues with any items or services provided by a Third Party Provider, Uber or its affiliate will manage your complaint in accordance with the complaints process set out in section 6.

Nothing in this section is intended to limit your rights as a consumer, including your entitlement to a refund or other applicable remedies, under the Consumer Guarantees Act 1993.

Repair or Cleaning Fees

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Uber Services under your Account in excess of normal “wear and tear“ damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by an Uber affiliate in the affiliate’s reasonable discretion, Uber reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by Uber to the applicable Third Party Provider and are non-refundable.

5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY

LIMITATION SUBJECT TO LOCAL CONSUMER LAW

The limitations and disclaimer in this section 5 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law, including the Consumer Guarantees Act 1993.

APPLICATION TO UBER AND ITS AFFILIATES

The limitations and disclaimer in this section 5 apply to the liability of Uber and its affiliates under these Uber Terms, including in relation to any of the Uber Services. Neither Uber nor any of its affiliates will be liable under or in connection with these Uber Terms for any Uber Delivery Services. However, if an Uber affiliate provides Uber Delivery Services to you, the Uber affiliate identified in the applicable Uber Delivery Terms will be exclusively liable to you for Uber Delivery Services in accordance with those terms.

DISCLAIMER

Except as required of Uber and its affiliates under the consumer guarantees, the Uber Services are provided “as is” and “as available”. Uber and its affiliates disclaim all representations and warranties, express, implied or statutory, not expressly set out in these Uber Terms (including any supplemental terms, where applicable), including any implied warranties of merchantability, fitness for a particular purpose and non-infringement, and make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Uber Services or any services or goods requested by you or on your behalf through the use of the Uber Services, or that the Uber Services will be uninterrupted or error-free. Uber and its affiliates do not guarantee the quality, suitability, safety or ability of Third Party Providers or an Uber affiliate (in its role as a delivery services provider). you agree that the entire risk arising out of your use of the Uber Services, and any services or goods requested by you or on your behalf through the use of the Uber Services, remains solely with you, to the maximum extent permitted under applicable law, including the Consumer Guarantees Act 1993.

LIABILITY

Limitation of Liability

If you are acquiring the goods or services as a consumer, Uber's liability for a failure to comply with a consumer guarantee is limited to: (a) in the case of goods supplied to you as part of the Uber Services, the replacement of the relevant goods or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods; and (b) in the case of services supplied to you as part of the Uber Services, the supply of the relevant services again, or the payment of the cost of resupplying the services.

In no event shall Uber’s or its affiliates’ total combined liability to you in connection with the Uber Services for all damages, losses and causes of action (whether in contract, in tort (including negligence), in equity, by operation of law or otherwise) exceed one thousand New Zealand dollars (NZ $1,000).

Exclusion of Liability

Uber’s and its affiliates’ liability to you for a breach of any condition, warranty or term of these Uber Terms that is not a breach of a consumer guarantee is also limited in the following way: Uber and its affiliates shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, death, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Uber Services, even if Uber or its affiliate has been advised of the possibility of such damages. Uber and its affiliates shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the Uber Services or your inability to access or use the Uber Services; or (ii) any transaction or relationship between you and any Third Party Provider or Uber affiliate (in its role as a delivery services provider), even if Uber or its affiliate has been advised of the possibility of such damages. Uber and its affiliates shall not be liable for delay or failure in performance resulting from causes beyond Uber’s or its affiliates’ reasonable control. You acknowledge that third party transportation providers providing transportation services requested through some request brands may offer ridesharing or peer-to-peer transportation services and may not be professionally licensed or permitted.

Third Party Goods and Services

Uber Services may be used by you to request and schedule transportation, goods from Third Party Providers or delivery services from Third Party Providers or an Uber affiliate, but you agree that Uber has no responsibility or liability to you related to any transportation, goods or delivery services provided to you by Third Party Providers or any Uber affiliate (in its capacity as a delivery services provider) other than as expressly set forth in these Uber Terms or the Uber Delivery Terms.

COMPLAINTS

Uber or its affiliate will maintain a complaints management framework, and will manage this framework for Uber and its affiliates, and on behalf of Third Party Providers, in a reasonable way.

INDEMNITY

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 reasonable attorneys’ fees) arising out of or in connection with: (i) your use of the Uber Services or services or goods obtained through your use of the Uber Services; (ii) your breach or violation of any of these Uber Terms; (iii) Uber’s use of your User Generated Content; or (iv) your violation of the rights of any third party, including Third Party Providers (“Losses”).

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

6. GOVERNING LAW; DISPUTE RESOLUTION

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 Uber Services or these Uber Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”). Uber or its affiliate operates a complaints process to allow you to make complaints about Uber, an Uber affiliate (in its capacity as delivery service provider) or Third Party Providers, and Uber or its affiliate also manages refunds to you in relation to those complaints. Uber or its affiliate will operate this complaints process in a reasonable manner. In addition, you may have rights to make a complaint to fair trading or consumer law bodies in relation to applicable consumer laws.

Except as otherwise set forth in these Uber Terms, these Uber Terms shall be exclusively governed by and construed in accordance with the laws of New Zealand, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. In the event of a Dispute, either party may file an action in the courts of New Zealand or 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 Uber Terms.

7. 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 for the designated address and additional information.

Notice

Uber may give notice by means of a general notice on the Uber application or website, 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 Uber’s address at Burgerweeshuispad 301, 1076 HR, Amsterdam, the Netherlands.

App Stores

You acknowledge and agree that the availability of the Applications may be dependent on the third party from which you received the Application’s license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that these Uber Terms are between you and Uber and not with the App Store and that Uber is responsible for the provision of Uber Services as described in these Uber Terms. However, if you downloaded the Application from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Uber Terms. Upon your acceptance of these Uber Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these Uber Terms against you as a third-party beneficiary thereof. These Uber Terms incorporate by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user”. In the event of a conflict in the terms of the Licensed Application End User License Agreement and these Uber Terms, these Uber Terms will control.

General

You may not assign or transfer these Uber 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 Uber 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 Uber Services.

If any provision of these Uber 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 Uber Terms but the legality, validity and enforceability of the other provisions in these Uber 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 Uber Terms. These Uber 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 Uber Terms, the words “including” and “include” mean “including, but not limited to”.

Portier New Zealand Limited – Terms and Conditions for Uber Delivery – New Zealand

Last updated: 30 April 2023

By using or placing an order for delivery services provided to you by Portier NZ via an Uber branded application or website, you confirm that you accept these terms and conditions and agree that they will apply to you each time you request an Uber Delivery Service (as defined below). Uber Delivery Services include delivery services provided by Portier NZ when you use Uber Eats or Uber Connect, but do not include third party delivery services provided by merchants or restaurants. Please read these terms carefully before requesting any Uber Delivery Service.

The services provided by Uber B.V. (referred to as “Uber” in these terms and conditions) are not changing though. Uber continues to own, and provide you with the right to use and access, the Uber and Uber Eats website and apps. The Uber B.V. Terms and Conditions (set out above) apply to the use of these other services.

1. CONTRACTUAL RELATIONSHIP

These Portier New Zealand Limited – Terms and Conditions for Uber Delivery - New Zealand (“Uber Delivery Terms”) govern your use of, and the provision of, Uber Delivery Services (as defined below) requested using an Uber branded application or website, which are provided by Portier New Zealand Limited NZBN 94 290 470 537 24, a New Zealand registered company (“Portier NZ”). Portier NZ is an affiliate of Uber B.V., a private limited liability company established in the Netherlands, having its offices at Mr. Treublaan 7, 1097 DP, Amsterdam, the Netherlands, registered at the Amsterdam Chamber of Commerce under number 56317441 (“Uber”).

Scope of these Uber Delivery Terms

These Uber Delivery Terms apply to the provision of delivery services by Portier NZ, which are offered to you via an Uber branded application or website (“Uber Delivery Services”). The Uber Delivery Services provided by Portier NZ under these Uber Delivery Terms do not include any of the services provided by Uber under the Uber B.V. – Terms and Conditions, available here (“Uber Terms”). The Uber Terms apply to the access or use by you of any application, website, content, product, or service made available by Uber under the Uber Terms (“Uber Services”).

In addition, the Uber Delivery Services do not include the purchase of any items or delivery services offered by independent third party providers of goods and services via Uber branded applications or websites (“Merchants”). In some cases, Merchants may offer delivery services via an Uber branded application or website (“Merchant Delivery”). Portier NZ will let you know when your order will be fulfilled by Merchant Delivery. If you purchase items or delivery services from Merchants via an Uber branded application or website, that sale and purchase takes place directly between you and the Merchant, and is subject to the Uber Terms (as the Merchant is a “Third Party Provider” under the Uber Terms) but is not subject to these Uber Delivery Terms.

PLEASE READ THESE UBER DELIVERY TERMS CAREFULLY BEFORE ACCESSING OR USING THE UBER SERVICES TO REQUEST AN UBER DELIVERY SERVICE, AS THEY CONSTITUTE A SEPARATE LEGAL AGREEMENT BETWEEN YOU AND PORTIER NZ.

Your access and use of the Uber Services to request an Uber Delivery Service constitutes your agreement to be bound by these Uber Delivery Terms, which establishes a contractual relationship between you and Portier NZ. If you do not agree to these Uber Delivery Terms, you may not access or use the Uber Services to request an Uber Delivery Service. These Uber Delivery Terms expressly supersede prior agreements or arrangements with you in relation to Uber Delivery Services.

Your contractual relationship with Portier NZ is separate (and in addition) to your contractual relationship with Uber under the Uber Terms. For the avoidance of doubt, your access to and use of the Uber Services continues to be governed by your separate agreement with Uber under the Uber Terms.

Supplemental terms

Supplemental terms may apply to certain Uber Delivery Services, such as policies for a particular event, activity or promotion, or a particular category of Uber Delivery Services. Supplemental terms will be provided to you in connection with the applicable Uber Delivery Services.

Any supplemental terms are in addition to, and shall be deemed a part of, the Uber Delivery Terms for the purposes of the applicable Uber Delivery Services. Supplemental terms shall prevail over these Uber Delivery Terms in the event of a conflict with respect to the applicable Uber Delivery Services.

Amendments

Portier NZ may amend the Uber Delivery Terms and any supplemental terms or policies related to the Uber Delivery Services from time to time. Portier NZ will provide you with at least 30 days’ written notice in the event of a material change to any Uber Delivery Terms, policies or supplemental terms that detrimentally affects your rights under these Uber Delivery Terms. Amendments will be effective upon posting of such updated Uber Delivery Terms at this location or the amended supplemental terms or policies on the applicable Uber Delivery Services or at this location (as the case may be). Your continued access or use of the Uber Delivery Services after such posting, or after the expiry of the notice period (whichever is later), constitutes your consent to be bound by the Uber Delivery Terms, policies and supplemental terms, as amended.

Termination or restriction of the Uber Delivery Services

Portier NZ may restrict you from accessing or using the Uber Delivery Services, or any part of them, immediately, without notice, in circumstances where Portier NZ reasonably suspects that:

(a) you have, or are likely to, breach these Uber Delivery Terms;

(b) you do not, or are likely not to, qualify, under applicable law or the standards and policies of Portier NZ, to access and use the Uber Delivery Services; and/or

(c) you or others may be at risk of harm as a result of consumption of certain regulated items (including, but not limited to, alcohol) made available by Third Party Providers via the Application, which may come about, for example, as a result of: (i) a report made to Portier NZ (or its affiliate) by a third party; (ii) delivery refusal (e.g. due to intoxication); and/or (iii) a review of your purchases of regulated items using the Application.

Portier NZ may terminate these Uber Delivery Terms or any Uber Delivery Services with respect to you, or generally cease offering or deny access to the Uber Delivery Services or any portion thereof:

(a) immediately, where Portier NZ reasonably suspects that: (i) you have, or are likely to, materially breach these Uber Delivery Terms; (ii) you do not, or are likely not to, qualify, under applicable law or the standards and policies of Portier NZ, to access and use the Uber Delivery Services; and/or (iii) you or others may be at risk of harm as a result of consumption of certain regulated items (including, but not limited to, alcohol) made available by Third Party Providers via the Application, which may come about, for example, as a result of: (A) a report made to Portier NZ (or its affiliate) by a third party; (B) delivery refusal (e.g. due to intoxication); and/or (C) a review of your purchases of regulated items using the Application; or

(b) on 30 days’ written notice to you, where Portier NZ, acting reasonably, terminates these Uber Delivery Terms or any Uber Delivery Services for any legitimate business, legal or regulatory reason.

Without limiting its other rights under these Uber Delivery Terms, Portier NZ may immediately restrict or deactivate your access to the Uber Delivery Services if you breach the "Community Guidelines" (available at https://www.uber.com/legal/en/document/?name=general-community-guidelines&country=new-zealand&lang=en) at any time.

You may terminate these Uber Delivery Terms, or stop using the Uber Delivery Services, at any time, for any reason.

Privacy

Our collection and use of personal information in connection with the Uber Delivery Services is as provided in Uber’s Privacy Notice. Portier NZ may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Merchant or other third party provider and such information or data is necessary to resolve the complaint, dispute or conflict.

2. THE UBER DELIVERY SERVICES

Portier NZ will provide the Uber Delivery Services to you in accordance with these Uber Delivery Terms. The Uber Delivery Services constitute the provision of the delivery component of the following services:

• “Uber Eats”, which allows you to place orders for Items (as defined below) and request delivery of those Items, as set out in section 3.1 of these Uber Delivery Terms. To avoid doubt, the Uber Delivery Services do not include the delivery component where you have chosen Merchant Delivery;
• “Uber Connect”, which allows you to request delivery of Packages (as defined below), as set out in section 3.2 of these Uber Delivery Terms; and
• any other delivery services provided to you by Portier NZ from time to time, as set out in applicable supplemental terms.

The Uber Delivery Services are made available solely for your personal, non-commercial use, unless Portier NZ has agreed with you otherwise in a separate agreement. You acknowledge that all Uber Delivery Services will be provided by Portier NZ. Portier NZ accepts liability for delivery services provided by it in accordance with these Uber Delivery Terms. Merchants are solely responsible for the goods and services they provide to you (including the provision of items or delivery services by that Merchant).

3. YOUR USE OF THE UBER DELIVERY SERVICES

3.1 UBER DELIVERY SERVICES – UBER EATS

This section sets out the additional obligations that apply if you request an Eats Delivery Service via the Uber Eats App. These terms apply in addition to any other rights or obligations set out in these Uber Delivery Terms.

Uber Eats allows you to place orders for food, beverages or other items (“Items”) and request the delivery of those Items by Portier NZ, using the Uber Eats mobile and web-based applications and other interfaces offered by Uber (“Uber Eats App”) as described below. Uber Eats is made available via the Uber Eats App, and is subject to the Uber Terms. However any Uber Delivery Services you order in connection with Uber Eats is subject to these Uber Delivery Terms.

Eats Delivery Services; Merchant Delivery and Pickup

Once you have been provided access to the Uber Eats App by Uber (in its capacity as licensor of the Uber branded applications and websites), you may place orders for Items using the Uber Eats App. You may also request via the Uber Eats App that Items be delivered by Portier NZ (“Eats Delivery Services”).

You may also be able to place orders via the Uber Eats App provided by Uber (in its capacity as licensor of the Uber branded applications and websites) that do not require Uber Delivery Services, such as pickup or Merchant Delivery. The Uber Terms between you and Uber (in its capacity as licensor of the Uber branded applications and websites) apply to the sale and purchase of any items or delivery services provided by the Merchant to you.

Eats Delivery Services are offered in designated areas as communicated via the Uber Eats App from time to time (“Eats Active Area”). Portier NZ does not guarantee that the Eats Delivery Services will be available in the Eats Active Area at all times.

If you choose Eats Delivery Services

If you choose Eats Delivery Services, Uber Delivery Services will be provided by Portier NZ and you will be charged by Portier NZ for the Eats Delivery Services. Portier NZ may subcontract a “Delivery Person” to undertake the Eats Delivery Services. A Delivery Person is not an employee of Portier NZ or any of its affiliates and may delegate to another person to provide such delivery services on their behalf. References in these Uber Delivery Terms to “Delivery Person“ include (where the context requires) references to a delegate of a Delivery Person.

For each delivery provided under the Eats Delivery Service, Portier NZ will endeavour to ensure that your Items are delivered to you as soon as reasonably possible. Unfortunately, independent factors such as traffic and weather, as well as the actions or inactions of Merchants or other third parties may cause delays in the provision of Eats Delivery Services.

Title and risk

You acknowledge that neither Portier NZ nor its affiliates nor any Delivery Person takes any title to Items. Portier NZ will have control and care of the Item in accordance with these Uber Delivery Terms until the Eats Delivery Services are completed or otherwise end or are cancelled.

3.2 UBER DELIVERY SERVICES – UBER CONNECT

This section sets out the additional obligations that apply if you request a Connect Delivery Service via the Uber App. These terms apply in addition to any other rights or obligations set out in these Uber Delivery Terms.

Uber Connect allows you to request delivery of package(s) (both the content and the materials for its containment) (the “Package(s)”) by Portier NZ to a designated address using a mobile or web-based application or other interface offered by Uber (the “Uber App”), as described below. Uber Connect is made available via the Uber App, and is subject to the Uber Terms. However any Uber Delivery Services you order in connection with Uber Connect is subject to these Uber Delivery Terms.

Connect Delivery Services

Once you have been provided access to the Uber App by Uber (in its capacity as licensor of the Uber branded applications and websites), you may place requests for Portier NZ to deliver Packages using the Uber App, via the ‘Uber Connect’ request option (“Connect Delivery Services”).

Connect Delivery Services are offered in designated areas as communicated via the Uber App from time to time (“Connect Active Area”). Portier NZ does not guarantee that the Connect Delivery Services will be available in the Connect Active Area at all times.

If you choose Connect Delivery Services

If you choose the Uber Connect request option, Connect Delivery Services will be provided by Portier NZ and you will be charged by Portier NZ for the Connect Delivery Services. Portier NZ may subcontract a Delivery Person who will collect Packages from you and deliver those Packages to your nominated location as part of the Connect Delivery Services provided by Portier NZ. A Delivery Person is not an employee of Portier NZ or any of its affiliates and may delegate to another person to provide such delivery services on their behalf.

For each Connect Delivery Service requested, Portier NZ will endeavour to ensure that your Packages will be picked up and delivered as soon as reasonably possible. Unfortunately, independent factors such as traffic and weather, as well as the actions or inactions of Delivery Persons may cause delays in the provision of delivery services.

Prohibited Items

You may not use or access Connect Delivery Services to send any Prohibited Items (“Prohibited Items”). A list of Prohibited Items is published online by Portier NZ (as updated from time to time). For the current list of Prohibited Items please see here. Portier NZ 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 Connect Delivery Services. Depending on your location, there may be additional Prohibited Items or restrictions on the use of Connect Delivery Services for specific categories of items.

In addition to the Prohibited Items, you may not use or access Connect Delivery Services to send any Package(s) consisting wholly or partly of mail (including, but not limited to, "letters" as defined in section 2(1) of the Postal Services Act 1998), or wholly consisting of milk (but, subject to the terms governing Prohibited Items, not including milk as an incident of a Package consisting of other items such as a Package of groceries or meals).

Package Restrictions

You must ensure that the Package(s), together, per Connect Delivery Services request: (i) are not greater than 20 kilograms; (ii) fit comfortably in the boot of a mid-size motor vehicle; and (iii) do not have a total value greater than NZD $100.

You must prepare, appropriately package and securely close and seal the Package(s) for safe delivery.

Refusal or Rejection of Deliveries

You acknowledge and agree that there may be circumstances where Portier NZ may cancel the delivery after acceptance for any reason, including where a Delivery Person declines to pick up or deliver the Package(s). You acknowledge and agree that you are responsible for ensuring that you and anyone who has contact with a Delivery Person or any other person as part of the Connect Delivery Services you have requested, complies with the Community Guidelines.

Delivery, Redelivery, and Undeliverable Packages

If Portier NZ is not able to complete the delivery for any reason (including, for example, where a Delivery Person is unable to locate the delivery location and is unable to make contact with you), Portier NZ will attempt to arrange for the return of the Package to you by the Delivery Person.

If Portier NZ 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 or at the delivery location or safe place near the delivery location. To the extent feasible and if requested by you, Portier NZ may also attempt to facilitate an exchange of the undelivered Package between you and the Delivery Person.

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 Uber or Portier NZ or a Delivery Person. Portier NZ reserves the right to charge you for the reasonable costs associated with the return, redelivery or disposal of your Package using your payment method designated in your Account.

Title and risk

You acknowledge that neither Portier NZ nor its affiliates nor any Delivery Person takes any title to Packages. Portier NZ will have control and care of the Package in accordance with these Uber Delivery Terms, until the Connect Delivery Services are completed, end or are cancelled, including where the Package is returned, redelivered or disposed of.

Loss or Damage to Packages; Sending Food or Beverages; No Insurance

You acknowledge and agree that Connect Delivery Services are available for sending Packages up to NZD $100 in value. The limitations and exclusions set out in section 5 below apply to the use of Connect Delivery Services, including any loss or damage to Packages provided for delivery. If a Package is lost or damaged in transit, see the Uber Connect loss or damage policy available here.

Portier NZ and its affiliates do not maintain insurance for loss, damage or theft. You should contact an insurance agent or broker if insurance coverage is desired. Portier NZ and its affiliates do not provide insurance coverage.

Subject to the limitations and exclusions set out in section 5, if you use the Connect Delivery Services to send food or beverages or other items not otherwise prohibited by these Uber Delivery Terms, you assume full responsibility for such items after delivery, including any damage due to temperature sensitivity and/or tampering. You further assume full responsibility for chilling any perishables immediately upon delivery to help maintain the safety and quality of those items.

3.3 GENERAL

User Accounts

To use the Uber Delivery Services you must register and maintain an active personal user services account with Uber (in its capacity as licensor of the Uber branded applications and websites) (“Account”) (as described in section 3 (‘Your Use of the Services’) of the Uber Terms). 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 Uber Delivery Services.

User Requirements and Conduct

The Uber Delivery Services are not available for use by persons under the age of 18. You may not allow persons under the age of 18 to receive Uber Delivery Services unless permitted by you, and you agree to take full responsibility for their acts or omissions. You agree to comply with all applicable laws when accessing or using the Uber Delivery Services, and you may only access or use the Uber Delivery Services for lawful purposes (e.g., no transport of unlawful or hazardous materials) and in accordance with these Uber Delivery Terms. You will not, in your use of the Uber Delivery Services, cause nuisance, annoyance, inconvenience, or property damage, whether to Portier NZ, a Delivery Person or any other party, including Portier NZ, its affiliates (including Uber (in its capacity as licensor of the Uber branded applications and websites)) or any of their employees, agents or contractors. You are responsible for providing Portier NZ with the correct delivery address and ensuring that the delivery location can be accessed safely, and agree that the Uber Delivery Services may not be completed if you have provided the incorrect delivery address or the delivery location cannot be safely accessed.

In certain instances you may be asked to provide proof of identity or other method of identity verification to use or accept deliveries made via the Uber Delivery Services, and you agree that you may be denied use of the Uber Delivery Services or may not be able to receive a delivery via the Uber Delivery Services if you refuse to provide proof of identity or other method of identity verification.

Promotional Codes

You acknowledge that Portier NZ may, in its sole discretion, create promotional codes that may provide discounts or other features or benefits related to the Uber Delivery Services, subject to any additional terms that Portier NZ establishes on a per promotional code basis (“Delivery Promo Codes”). You agree that Delivery Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) 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 Portier NZ; (iii) may, as permitted by law, be disabled by Portier NZ at any time without liability to Portier NZ (iv) may only be used pursuant to the specific terms that Portier NZ establishes for such Delivery Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Portier NZ reserves the right to withhold or deduct discounts or other features or benefits obtained through the use of Delivery Promo Codes by you or any other user in the event that Portier NZ reasonably determines or believes that the use or redemption of the Delivery Promo Code was in error, fraudulent, illegal, or in violation of the applicable Delivery Promo Code terms or these Uber Delivery Terms. This section does not apply to promotional codes for services other than the Uber Delivery Services. Instead, the Uber Terms apply to those promotional codes.

4. PAYMENT

This part sets out the payment provisions applicable to the Uber Delivery Services provided by Portier NZ

Portier NZ Charges

You understand that use of the Uber Delivery Services may result in charges to you for the Uber Delivery Services you receive from Portier NZ in accordance with these Uber Delivery Terms (“Portier NZ Charges”). In addition, your use of Uber Eats will result in charges for the Items and any Merchant Delivery you receive from a Merchant (“Merchant Charges”). Any Merchant Charges are payable in accordance with the Uber Terms (as "Third Party Charges" under those Uber Terms).

General Payment Terms

You agree to pay Portier NZ the applicable Portier NZ Charges and are responsible for paying all Portier NZ Charges incurred under your Account. Portier NZ Charges are in New Zealand Dollars and inclusive of GST and applicable taxes where required by law. Portier NZ Charges paid by you are final and non-refundable, unless otherwise determined by Portier NZ or required by applicable law. Under the Consumer Guarantees Act 1993, you may be entitled to a refund for a major failure of the Uber Delivery Services, or other remedies for a minor failure.

All Portier NZ Charges are due immediately and payable to Portier NZ using the preferred payment method designated in your Account, after which you will be sent 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 Portier NZ may use a secondary payment method in your Account, if available.

Portier NZ will charge you on the basis of the Portier NZ Charges communicated to you via the Uber Eats App or Uber App before you place your order for any Uber Delivery Services. Portier NZ may, acting reasonably, establish, remove and/or revise Portier NZ Charges for any or all Uber Delivery Services at any time, including in certain circumstances such as where you change your delivery address or you choose a service that incurs an additional charge. In these cases, Portier NZ will let you know about any such changes within a reasonable time, however the specific amount may not be known until after the order has been completed.

Delivery Promo Codes

Portier NZ may from time to time provide certain users with Delivery Promo Codes that may result in different amounts charged for the same or similar services or goods obtained through the use of the Uber Delivery Services, and you agree that such promotional offers and discounts, are provided without consideration from you, have no monetary value, cannot be redeemed for cash, are not exchangeable or transferable and, unless also made available to you, shall have no bearing on your use of the Uber Delivery Services or the Portier NZ Charges applied to you.

Gratuities

You understand and agree that, while you are free to provide gratuities to any Delivery Person who is subcontracted to provide you with services obtained through the Uber Delivery Services, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Uber Delivery Services, you will have the opportunity to rate your experience and leave additional feedback about the Delivery Person.

Cancellations and Refunds for Uber Delivery Services

In these Uber Delivery Terms, “Non-Restaurant Food Items” refers to non-restaurant food items including, for example, items from grocery, convenience, alcohol, specialty goods such as florists or butchers, pharmacy and/or pet stores.

If you purchase Items from a Merchant (other than a Merchant who sells Non-Restaurant Food Items) and Eats Delivery Services from Portier NZ, you may cancel your order at any time. After five (5) minutes from placing your order, you will no longer be able to cancel your order without incurring a charge, which will be no more than the full price for your ordered Items in accordance with the Uber Terms. If you cancel your order after the delivery has begun, you will also be charged the full price for any Eats Delivery Services in accordance with these Uber Delivery Terms.

If you purchase Items from a Merchant who sells Non-Restaurant Food Items and Eats Delivery Services from Portier NZ, you may cancel your order at any time. Once delivery has begun, you will no longer be able to cancel your order without incurring a charge, which will be no more than the full price of your ordered Items in accordance with the Uber Terms and the full price for any Eats Delivery Services in accordance with these Uber Delivery Terms.

Portier NZ may, in its sole discretion, waive in part or full, an applicable cancellation charge in relation to your purchase of Eats Delivery Services in certain circumstances. A request for any such waiver must be made via Portier NZ’s customer support service.

If any Eats Delivery Services fail or are cancelled for reasons that Portier NZ determines, acting reasonably, are attributed to you (for example, you provided an incorrect delivery address) you will be charged no more than the full price for both the Items in accordance with the Uber Terms, and the full price for any Eats Delivery Services in accordance with these Uber Delivery Terms.

The terms and conditions that apply to charges for Items or Merchant Delivery provided by a Merchant are set out in the Uber Terms.

You may cancel your Connect Delivery Service at any time. If you cancel 5 minutes or more after a Delivery Person accepts your Connect Delivery Service request, you will be charged a cancellation fee. If you cancel after the Delivery Person has collected the Package, you may be charged reasonable costs for the return of the Package to you.

If the Uber Delivery Services fail or are cancelled for any reason that Portier NZ determines, acting reasonably, are not attributed to you, you will be entitled to a refund for any charges paid for that purchase.

If you have other issues with any Uber Delivery Services, your sole recourse will be with Portier NZ and Portier NZ will manage your complaint in accordance with the complaints process set out in section 6. Subject to applicable New Zealand law, Portier NZ will provide refunds for Uber Delivery Services at its discretion, acting reasonably.

If you have other issues with Items provided by a Merchant, please see section 6 (‘Governing Law; Dispute Resolution’) of the Uber Terms.

5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY

This part sets out the liability position of Portier NZ in relation to the provision of any Uber Delivery Services.

LIMITATION SUBJECT TO LOCAL CONSUMER LAW

The limitations and disclaimer in this section 5 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law, including the Consumer Guarantees Act 1993.

APPLICATION TO PORTIER NZ AND ITS AFFILIATES

The limitations and disclaimer in this section 5 apply to the liability of Portier NZ and its affiliates under these Uber Delivery Terms, including in relation to any of the Uber Delivery Services. Neither Portier NZ nor any of its affiliates will be liable under or in connection with these Uber Delivery Terms for any Uber Services. However, for any Uber Services provided to you, Uber will be exclusively liable to you for Uber Services in accordance with the Uber Terms.

DISCLAIMER

Except as required of Portier NZ and its affiliates under the consumer guarantees, the Uber Delivery Services are provided “as is” and “as available”. Portier NZ and its affiliates disclaim all representations and warranties, express, implied or statutory, not expressly set out in these Uber Delivery Terms (including any supplemental terms, where applicable), including any implied warranties of merchantability, fitness for a particular purpose and non-infringement, and make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Uber Delivery Services or any goods delivered through the use of the Uber Delivery Services, or that the Uber Delivery Services will be uninterrupted or error-free. You agree that the entire risk arising out of your use of the Uber Delivery Services, and any service or good delivered in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

LIABILITY

Limitation of Liability

If you are acquiring the Uber Delivery Services as a consumer, to the maximum extent permitted by law, Portier NZ's and its affiliates’ liability for a failure to comply with a consumer guarantee in relation to the Uber Delivery Services is limited to, at Portier NZ’s option, the supply of the relevant services again, or the payment of the cost of having the services supplied again.

In addition, the following limitations apply to the specific Uber Delivery Services made available under these Uber Delivery Terms:

(A) Limitation of Liability – Eats Delivery Services

Subject to ‘limited inclusions’ below, but otherwise notwithstanding anything else in this section 5 and to the maximum extent permitted by law, in no event shall Portier NZ’s or its affiliate‘s total liability to you in connection with the Eats Delivery Services for all damages, losses and causes (whether in contract, in tort (including negligence), in equity, by operation of law or otherwise) exceed the aggregate value of the specific items plus the value of the Eats Delivery Services you requested at the relevant time.

(B) Limitation of Liability – Connect Delivery Services

Subject to the ‘limited inclusions’ below, but otherwise notwithstanding anything else in this section 5 and to the maximum extent permitted by law, in no event shall Portier NZ‘s or its affiliates‘ total liability to you in connection with the Connect Delivery Services for all damages, losses and causes of action (whether in contract, in tort (including negligence), in equity, by operation of law or otherwise) exceed one hundred New Zealand dollars (NZD $100) plus the value of the Connect Delivery Services you requested at the relevant time.

Exclusion of Liability

Portier NZ‘s and its affiliates’ liability to you for a breach of any condition, warranty or term of these Uber Delivery Terms that is not a breach of a consumer guarantee is also limited in the following way: Portier NZ and its affiliates shall not be liable for:

(a) indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data; or

(b) except to the extent set out under the ‘limited inclusions‘ heading below, death, personal injury or property damage,

where that liability is related to, in connection with, or otherwise resulting from any use of the Uber Delivery Services, even if Portier NZ or its affiliate has been advised of the possibility of such damages.

In addition, Portier NZ and its affiliates shall not be liable for: (i) delay or failure in performance resulting from causes beyond Portier NZ's or its affiliates’ reasonable control; or (ii) any damages, liability or losses arising out of your use of or reliance on the Uber Delivery Services or your inability to access or use the Uber Delivery Services.

Limited Inclusions

The limitations on Portier NZ’s or its affiliate's liability for Uber Delivery Services under the 'limitation of liability' heading above (and in item (b) under the 'exclusion of liability' heading above) do not apply to any damages, losses and causes of action (whether in contract, in tort (including negligence), in equity, by operation of law or otherwise) that arise from death, personal injury or damage to tangible property directly caused by the fraud, negligence or wilful misconduct of Portier NZ, any of its affiliates, or their employees, agents or contractors, including a Delivery Person.

COMPLAINTS

Portier NZ or its affiliate will maintain a complaints management framework, and will manage this framework in a reasonable way.

INDEMNITY

You agree to indemnify and hold Portier NZ and its affiliates and their officers, directors, employees, agents and contractors (including Delivery Persons) harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable attorneys’ fees) (“Losses”) arising out of or in connection with: (i) your use of the Uber Delivery Services or services or goods obtained through your use of the Uber Delivery Services; (ii) your breach or violation of any of these Uber Delivery Terms; or (iii) your violation of the rights of any third party; (iv) in respect of your use or access to Uber Connect and your use of the Connect Delivery Services, arising out of or in connection with any loss or damage to property, any injury, illness or death to any person, any mis-delivery 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 (1) your fraudulent, negligent or unlawful act or omission; or (2) your breach or violation of any of these Uber Delivery Terms.

Your liability under this section will be reduced proportionately if, and to the extent that, Portier NZ or its affiliate, or any Delivery Person, directly caused or contributed to any such losses.

6. GOVERNING LAW; DISPUTE RESOLUTION

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 Uber Delivery Services or these Uber Delivery Terms, including those relating to its validity, its construction or its enforceability (any “Dispute“). Portier NZ or its affiliate operates a complaints process to allow you to make complaints about Portier NZ, and Portier NZ or its affiliate also manages refunds to you in relation to those complaints. Portier NZ or its affiliate will operate this complaints process in a reasonable manner. In addition, you may have rights to make a complaint to fair trading or consumer law bodies in relation to applicable consumer laws.

Except as otherwise set forth in these Uber Delivery Terms, these Uber Delivery Terms shall be exclusively governed by and construed in accordance with the laws of New Zealand, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. In the event of a Dispute, either party may file an action in the courts of New Zealand or 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 Uber Delivery Terms.

7. OTHER PROVISIONS

Notice

Portier NZ may give notice by means of a general notice on the Uber application or website (facilitated by Uber (in its capacity as licensor of the Uber branded applications and website)), 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 Portier NZ by written communication to Portier NZ‘s address at C/- PKF Goldsmith Fox, Level 1, 100 Moorhouse Avenue, Christchurch 8011, New Zealand.

General

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

If any provision of these Uber Delivery 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 Uber Delivery 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 Uber Delivery Terms. These Uber Delivery 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 Uber Delivery Terms, the words “including” and “include” mean “including, but not limited to”.