Uber Technologies, Inc. – Terms and Conditions - Canada

Last updated: 2 August 2022

1. CONTRACTUAL RELATIONSHIP

These Uber Technologies, Inc.– Terms and Conditions – Canada (“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 any platform, applications, websites, content, products, and services (the “Uber Services”) made available by Uber Technologies, Inc.

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 transportation or delivery services. To the extent you request delivery services via Uber Eats, the Uber Portier Canada Inc.-Terms and Conditions for Uber Eats (the “Uber Eats Terms”) will also apply.

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

You may accept these terms by clicking a box or by using or placing an order using an Uber branded application or website or by otherwise affirmatively indicating your acceptance and subsequently, by continuing to access and use the Uber Services, you agree to be bound by these Uber Terms, as may be amended from time to time, which establishes a contractual relationship between you and Uber. If you do not agree to these Uber Terms, at any time, you should not access or use the Uber Services. These Uber Terms expressly supersede prior agreements or arrangements with you and Uber and/or any affiliates of Uber regarding the provision of Uber Services. Uber may immediately terminate these Uber Terms or any Uber 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.

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. You agree to abide by the Uber Community Guidelines, available at https://www.uber.com/legal/en/document/?name=general-community-guidelines&country=canada&lang=en (the “Community Guidelines”). To the extent you access or use the Uber Services in connection with Uber Connect, you also agree to abide by the Uber Connect Terms and Conditions available at https://www.uber.com/legal/en/document/?name=uber-connect-terms-and-conditions&country=canada&lang=en, which are supplemental terms under these Uber Terms.

Any supplemental terms and policies, including the Community Guidelines, 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. For clarity, the Uber Eats Terms accepted by you are not supplemental terms, but rather a separate agreement between you and the Uber affiliate identified in the Uber Eats Terms.

Amendments

Uber may amend the Uber Terms, any supplemental terms or policies (including the Community Guidelines) related to the Uber Services from time to time. Uber will provide you with 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, by sending an email, providing notice through the Uber Services or updating the date at the top of these Uber Terms. Unless Uber indicates otherwise in its notice (if applicable), the amendments will be effective immediately 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 Uber provides such notice, if applicable, or after Uber posts such updated terms, constitutes your acceptance of the changes and consent to be bound by the Uber Terms, policies and supplemental terms, as amended. If you do not agree to the amended Uber Terms, policies or supplemental terms, you must stop accessing and using the Services.

Privacy

Our collection and use of personal information in connection with the Uber Services is as provided in Uber’s privacy notice located at https://www.uber.com/legal/en/document/?name=privacy-notice&country=canada&lang=en. You consent to Uber potentially providing to an insurance 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 Eats Terms, purchase Delivery Services, Shopping Services and/or Uber Eats Services (as defined in the Uber Eats Terms) from an Uber affiliate via the Uber Eats Application, under a separate agreement between you and that affiliate; (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; and (d) provide related content or services including customer support.

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 Third Party Providers which are independent third party contractors who are not employed by Uber or any of its affiliates; (c) Uber does not provide delivery services or shopping services; and (d) delivery services and/or shopping services provided by such Third Party Providers may be purchased by you from an Uber affiliate via the Uber Eats Application in accordance with the Uber Eats Terms. For clarity, Third Party Providers are solely responsible for the services they provide to you.

Licence

Subject to your compliance with these Uber Terms, Uber grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable 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 or delivery request brands currently referred to as “Uber,” “UberX,” “UberXL,” “Pool,” “Assist,” “Comfort”, “Uber Pet”, “Uber Connect”, “Uber Eats” and “Premier”. However, you also acknowledge that any delivery services ordered via “Uber Eats” will also be subject to Uber Eats Terms, which are available here.

You also acknowledge that the Uber Services may be made available under such brands by or in connection with: (i) certain of Uber’s affiliates; or (ii) Third Party Providers.

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. 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.

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 app stores or Android app stores (“App Store”). You acknowledge and agree that these Uber Terms are between you and Uber and not with the App Stores and that Uber is responsible for the provision of the Uber Services as described in these Uber Terms. However, you acknowledge and agree that if you access the Uber Services using Applications developed for Apple iOS, Android, Microsoft Windows or Blackberry-powered mobile devices, Apple Inc. (“Apple”), Google, IncMicrosoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates, respectively, 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 any terms set forth in the applicable third party beneficiary’s terms of service, including in Apple’s case, 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, the terms of these Uber Terms will control.

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

General

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, and you agree to take full responsibility for the acts or omissions of the persons under the age of 18. 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 age, 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.

Pets

Subject to the discretion of a Third Party Provider, you may be allowed to bring a small animal, such as a dog or cat, on a ride requested using the Uber Services For such trips, you are responsible for properly securing the animal with a leash, harness, crate / carrier, or through other means. You are also responsible for any damage that the animal causes to the Third Party Provider’s vehicle or property. You may be subject to a Charge for Repair or Cleaning under Section 5 for any damage or mess caused by an animal that is transported during a ride requested under your Account. Please note, in accordance with Uber's policies on service animals and assistive devices, service animals are generally permitted to accompany riders and without extra charge, regardless of whether it is a Pet Friendly Trip.

Carseats

If you request a ride option with a car seat, you acknowledge and agree that neither Uber nor the Third-Party Provider is responsible for the safety of a child restraint/car seat that may be available in the Third-Party Providers’ vehicle. You acknowledge and agree that it is your obligation to ensure that the car seat is installed correctly and that the child is properly secured in the seat.

Assist

If you request a ride option where a driver agrees to provide you with assistance outside of the vehicle (e.g., Uber Assist), you acknowledge and agree that neither Uber nor the Third Party Provider is responsible for any injury or incident that may arise out of the assistance provided by the Third Party Provider.

Commercial Electronic Messaging

By creating an Account, 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 and to send you marketing and promotional messages about any of Uber’s Applications, products or services. Where it may be impracticable (including for push notifications) to include an unsubscribe mechanism in certain commercial electronic messages, 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 electronic messages may impact your use of the Uber Services. You also acknowledge that opting out of receiving certain electronic messages may impact your use of the Uber Services.

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 applicable to delivery services. Instead, the Uber Eats 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, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Uber, you grant Uber and its affiliates a worldwide, perpetual, irrevocable, transferable, licence for no fee, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Uber Services and Uber’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

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

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

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the 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 (“Third Party Charges”). After you have received services or goods obtained through your use of the Uber Service, Uber or one of its affiliates will facilitate your payment of the applicable Third Party Charges as such Third Party Provicer’s limited collection agent. Payment of the Third Party Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Third Party Charges will be inclusive of applicable taxes where required by law. Third Party Charges paid by you are final and non-refundable, unless otherwise determined by Uber. Subject to local regulations, you retain the right to request to increase or lower Third Party Charges from a Third Party Provider for transportation services received by you from such Third Party Provider. An Uber affiliate will respond accordingly to any request from a Third Party Provider to modify the Third Party Charges for a particular service or good.

All Third Party Charges are due immediately and payment will be facilitated by Uber or an Uber affiliate using the preferred payment method designated in your Account, after which you will be sent a receipt. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Uber or an Uber affiliate may, on behalf of Third Party Provider, use a secondary payment method in your Account, if available.

You acknowledge that an Uber affiliate may establish or adjust Third Party 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. Further, you acknowledge and agree that Third Party 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 Third Party Charges that may apply, provided that you will be responsible for Third Party Charges incurred under your Account. You acknowledge that the fact that a payment card statement may reflect a charge from Uber or an Uber affiliate, does not necessarily mean that Uber or the Uber affiliate sold an item or service, but rather that Uber or the Uber Affiliate facilitated payment processing, and that the merchant stated on your receipt is the actual seller.

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 Third Party Charges applied to you.

Gratuities

This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Except with respect to taxicab transportation services requested through the Application, Uber does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services 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.

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. 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 may be entitled to a refund for any charges paid.

If you purchase items or items and delivery services from a Third Party Provider, you may cancel your order at any time up until the Third Party Provider has begun preparing your items. Once the preparation 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 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 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 a fee 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 may be entitled to a refund for any charges paid for those delivery services.

If you require a correction to be made to any Third Party Charge you incurred, you must notify Uber in writing within 30 days after the Third Party Charge was invoiced after which Uber will have no further responsibility and you waive your right to later dispute the amounts charged.

Repair, Cleaning or Other Fees

Uber may charge you a fee if, during your use of the Services, you have caused damage to a vehicle or property that requires repair or cleaning (“Repair” or “Cleaning”). The amount of such fee shall be determined, in Uber’s sole discretion, based on the type of damage and the severity. Uber reserves the right to verify or otherwise require documentation of damages prior to processing a fee. 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.

Additionally, if you fail to comply with these Uber Terms you may be responsible for additional fees or charges, including without limitation, for transactions that could not be completed properly, arising out of or in connection with your failure to comply with these Uber Terms.

5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY

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 Delivery Services or Shopping Services.

DISCLAIMER

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 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. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE UBER SERVICES, AND ANY SERVICES OR GOODS REQUESTED BY YOU THROUGH THE USE OF THE UBER SERVICES, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. UBER DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD PARTY PROVIDERS. THIRD PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF UBER. UBER DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES. UBER CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIABILITY

Limitation of Liability

UBER AND ITS AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBER 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, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND UBER’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY 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. UBER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF LACK OF OR IMPROPER INSTALLATION OR USE OF CHILD RESTRAINT SYSTEMS FOR GUESTS ON RIDES REQUESTED THROUGH THE SERVICES FOR WHOM A CHILD RESTRAINT SYSTEM IS LEGALLY REQUIRED. IN NO EVENT SHALL UBER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND CANADIAN DOLLARS (CAD $1000).

THE UBER SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, LOGISTICS OR DELIVERY SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT UBER HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS, DELIVERY OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS OR THE UBER EATS TERMS.

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.

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 Content; or (iv) your violation of the rights of any third party, including Third Party Providers (“Losses”).

6. GOVERNING LAW

These Uber Terms shall be exclusively governed by and construed in accordance with the laws of the province of Ontario, or Quebec if you're a Quebec resident, and the federal laws of Canada applicable therein, without regard to conflict of law principles.

7. DISPUTE RESOLUTION

IMPORTANT: PLEASE READ THE FOLLOWING ARBITRATION REQUIREMENT CAREFULLY. YOU WILL HAVE TO RESOLVE DISPUTES THROUGH ARBITRATION. YOU WILL NOT BE ELIGIBLE TO GET MONEY OR OTHER RELIEF THROUGH A COURT PROCEEDING.

ARBITRATION REQUIREMENT

You are free to get advice or representation from a lawyer about this arbitration requirement.

Unless prohibited by law, all disputes arising out of or relating in any way to: i) these Uber Terms, ii) the Uber Services, iii) your access to or use of the Applications, or iv) advertisements, promotions or oral or written statements related to the Applications or any other Uber branded product will be finally and conclusively adjudicated and resolved by arbitration under the Arbitration Rules (“ADRIC Rules”) of the ADR Institute of Canada, Inc. (“ADRIC”), except as modified here. The arbitration will be in English or French as you choose. The arbitration may be held anywhere the arbitrator considers appropriate, including remotely by telephone or Internet.

The ADRIC Rules are available by, for example, searching <www.google.ca> to locate “ADRIC Arbitration Rules” or by clicking here. You can also contact ADRIC at 1-877-475-4353 or <www.adric.ca>.

You will have to pay some fees to arbitrate, as described in the ADRIC Rules.

However, before beginning the arbitration, the party with the claim will first try to informally negotiate with the other party, in good faith, a resolution of the dispute for not less than 30 days but no more than 45 days unless extended by agreement. During the negotiation period, any otherwise applicable limitation period will be tolled (temporarily suspended).

Nothing here prevents you from filing a claim with a government agency.

Where you allege claims of sexual assault or sexual harassment, you may choose to bring those specific claims in court instead of arbitration. Uber agrees to honour your choice of forum with respect to your individual sexual harassment or sexual assault claim but in doing so Uber does not waive the enforceability of any other part of this section 7.

This arbitration requirement survives: (i) the termination of this Agreement and (ii) the bankruptcy of any party. If any part of it is deemed invalid or unenforceable, the other parts remain in force.

8. 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 Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Uber by written communication to Uber’s affiliate Uber Rasier Canada Inc.’s address at 121 Bloor St E., Unit 1600, Toronto, ON M4W 3M5.

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”.

Uber Portier Canada Inc. / Uber Castor Canada Inc.– Terms and Conditions for Uber Eats

Last updated: 18 November 2022

By using or placing an order via the Uber Eats 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 a Delivery Service (as defined below),Shopping Service (as defined below) or Uber Eats Service (as defined below). Delivery Services include delivery services provided by Third Party Providers when you use Uber Eats, but do not include third party delivery services provided by merchants or restaurants. Shopping Services include shopping and delivery services (which include identifying, selecting and purchasing the applicable Item(s)) provided by Third Party Providers, but do not include third party shopping and delivery services provided by merchants or restaurants. Please read these terms carefully before requesting any Services (as defined below) using Uber Eats.

For clarity, Uber Technologies, Inc. continues to own, and provide you with the right to use and access, the Uber and Uber Eats website and apps and the Uber Technologies, Inc. Terms and Conditions (set out above) also apply.

1. CONTRACTUAL RELATIONSHIP

These Uber Portier Canada Inc./ Uber Castor Canada Inc. – Additional Terms and Conditions for Uber Eats (“Uber Eats Terms”) govern your use of, and the provision of Delivery Services (as defined below), Shopping Services and Uber Eats Services (as defined below) requested using the Uber Eats mobile and web-based applications and other interfaces offered by Uber (the “Uber Eats App”). Delivery Services are sold to you by Uber Portier Canada Inc. (“Portier”), Shopping Services are sold to you by Uber Castor Canada Inc. (“Castor”) and the Uber Eats Services may be sold to you by Portier or Castor. Portier and Castor are affiliates of Uber Technologies, Inc. (“Uber”).

Scope of these Uber Eats Terms

These Uber Eats Terms apply to the provision of (i) delivery services by Third Party Providers (“Delivery Services”); (ii) shopping services which include picking, paying for, and then delivering the applicable Item(s) by Third Party Providers (“Shopping Services”) and/or (iii) services rendered by Portier and/or Castor that facilitate your requests to Third Party Providers (the “Uber Eats Services”) which are offered to you via the Uber Eats App (collectively, the “Services”). The Services provided under these Uber Eats Terms are provided in addition to, but separately and apart from the the services provided by Uber under the Uber Technologies, Inc. – 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 Services do not include the purchase of any items, shopping services or delivery services offered by independent third party merchants of goods and services via Uber branded applications or websites (“Merchants”). In some cases, Merchants may use their own delivery staff to offer delivery services via an Uber branded application or website (“Merchant Delivery”).

PLEASE READ THESE UBER EATS TERMS CAREFULLY BEFORE ACCESSING OR USING THE UBER EATS APP, AS THEY CONSTITUTE A SEPARATE LEGAL AGREEMENT BETWEEN YOU AND PORTIER OR YOU AND CASTOR, AS APPLICABLE.

Your access and use of the Uber Services to request the Services constitutes your agreement to be bound by these Uber Eats Terms, which establishes a contractual relationship between you and Portier (with respect to a request for the Delivery Service and any Uber Eats Services provided by Portier) or you and Castor (with respect to a request for the Shopping Service and any Uber Eats Services provided by Castor). If you do not agree to these Uber Eats Terms, you may not access or use the Uber Services to request a Delivery Service,Shopping Service or any Uber Eats Services. Portier or Castor may immediately terminate these Uber Eats Terms with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Your contractual relationship with Portier and/or Castor (as applicable) 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 Services, such as policies for a particular event, activity or promotion, or a particular category of Services. Supplemental terms will be provided to you in connection with the applicable Services.

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

Amendments

Portier or Castor may amend these Uber Eats Terms and any supplemental terms or policies related to the Services from time to time. Portier or Castor (as applicable) will provide you with notice in the event of a material change to any Uber Eats Terms, policies or supplemental terms that detrimentally affects your rights under these Uber Eats Terms, by sending an email, providing notice through the Uber Eats website or application or updating the date at the top of these Uber Eats Terms. Amendments will be effective upon posting of such updated Uber Eats Terms at this location or the amended supplemental terms or policies on the applicable Services or at this location (as the case may be). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Uber Eats Terms, policies and supplemental terms, as amended.

Privacy

Our collection and use of personal information in connection with the Services is as provided in Uber’s privacy notice located at https://www.uber.com/legal/en/document/?name=privacy-notice&country=canada&lang=en. You consent to Uber potentially providing to an insurance 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 SERVICES

The Services are made available solely for your personal, non-commercial use, unless Portier or Castor (respectively) has agreed with you otherwise in a separate agreement. You acknowledge that Merchants are solely responsible for the goods and services they provide to you (including the provision of items or delivery services or shopping services by that Merchant).

Delivery Services/ Shopping Services/ Uber Eats Services

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 food, beverages or other items (“Items”) and request Delivery Services or Shopping Services using the Uber Eats App.

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 require Uber Eats Services, but that do not require Delivery Services or Shopping Services, such as pickup, dine-in or Merchant Delivery.

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

If you choose Delivery Services or Shopping Services

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

If you choose Shopping Services, Castor will request and arrange for a “Shopper” to undertake the Shopping Services and will charge you directly for the Shopping Services. A Shopper is not an employee of Castor or any of its affiliates and may delegate to another person to provide such shopping services on their behalf. References in these Uber Eats Terms to “Shopper“ include (where the context requires) references to a delegate of a Shopper.

3.3 GENERAL

User Accounts

To use the 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 Services.

User Requirements and Conduct

The 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 any Services unless permitted by you, and you agree to take full responsibility for the acts or omissions of the persons under the age of 18. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes and in accordance with these Uber Eats Terms. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to Portier, Castor, a Delivery Person, Shopper or any other party, including Portier, Castor, their 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 or Castor (as applicable) with the correct delivery address and ensuring that the delivery location can be accessed safely, and agree that the Delivery Services or Shopping Services (as applicable) 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 age, identity or other method of identity verification to pick-up order or use or accept deliveries made via the Delivery Services or Shopping Services, and you agree that you may be denied use of the Services or may not be able to receive a delivery via the Delivery Services or Shopping Services if you refuse to provide proof of age, identity or other method of identity verification.

Promotional Codes

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

4. PAYMENT

Portier and Castor Charges

You understand that (i) use of the Delivery Services may result in charges to you for the Delivery Services you receive from Portier in accordance with these Uber Eats Terms ; (ii) use of the Shopping Services may result in charges to you for the Shopping Services you receive from Castor in accordance with these Uber Eats Terms; and (iii) use of the Uber Eats Services provided by Portier or Castor may result in charges to you from Portier of Castor (as applicable). For the purposes of these Uber Eats Terms “Portier Charges” refer to, collectively, the charges from Portier and “Castor Charges” refer to, collectively, the charges from Castor. 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 the applicable Portier Charges and Castor the applicable Castor Charges and are responsible for paying all Portier Charges and Castor Charges incurred under your Account. Portier Charges and Castor Charges are in Canadian Dollars and inclusive of applicable taxes where required by law. Portier Charges and Castor Charges paid by you are final and non-refundable, unless otherwise determined by Portier or Castor (as applicable) or required by under any applicable consumer laws.

All Portier Charges and Castor Changes are due immediately and payable to Portier or Castor (as applicable) 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 or Castor (as applicable) may use a secondary payment method in your Account, if available.

Portier and Castor will charge you on the basis of the Portier Charges or Castor Charges communicated to you via the Uber Eats App before you place your order. Portier and Castor may, acting reasonably, establish, remove and/or revise Portier Charges or Castor Charges 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 or Castor (as applicable) 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.

Eats Promo Codes

Portier or Castor (as applicable) may from time to time provide certain users with Eats Promo Codes that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, respectfully, 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 Services or the Portier Charges or Castor Charges applied to you.

Gratuities

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

Cancellations and Refunds for Services

If you purchase Items from a Merchant and Services from Portier or Castor, you may cancel your order at any time up until the Merchant has begun preparing your Items or until a Shopper has begun providing Shopping Services (as applicable). Once the preparation 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 for your ordered Items in accordance with the Uber Terms. If you cancel your order after the delivery or shopping has begun, you will also be charged the full price for any applicable Services in accordance with these Uber Eats Terms.

If any Services fail or are canceled for reasons that Portier or Castor 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 Services in accordance with these Uber Eats 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.

If the Services fail or are canceled for any reason that Portier or Castor determines, acting reasonably, are not attributed to you, you may be entitled to a refund for any charges paid for that purchase.

If you have other issues with any Services, your sole recourse will be with Portier or Castor (as applicable) and Portier or Castor (as applicable) will manage your complaint. Portier will provide refunds for Portier Charges and Castor will provide refunds for Castor Charges, each in its sole discretion.

If you have other issues with Items provided by a Merchant, please see sections 6 and 7 (‘Governing Law; Dispute Resolution’) of the Uber Terms.

This section does not limit your rights under the non-excludable portions of any applicable consumer laws.

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.

APPLICATION TO PORTIER, CASTOR AND THEIR AFFILIATES

The limitations and disclaimer in this section 5 apply to the liability of Portier and Castor and their affiliates under these Uber Eats Terms, including in relation to any of the Services. Neither Portier, not Castor, nor any of their affiliates will be liable under or in connection with these Uber Eats 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, CASTOR AND THEIR AFFILIATES UNDER THE CONSUMER GUARANTEES, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. PORTIER, CASTOR AND THEIR AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE UBER EATS 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 SERVICES OR ANY GOODS DELIVERED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE 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

PORTIER AND CASTOR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF PORTIER OR CASTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PORTIER AND CASTOR SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF PORTIER OR CASTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PORTIER AND CASTOR SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND PORTIER OR CASTOR’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING DELIVERY SERVICES OR SHOPPING SERVICES REQUESTED THROUGH THE UBER EATS APP ARE NOT E PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL PORTIER OR CASTOR’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE RELEVANT SERVICES (AS APPLICABLE).

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.

INDEMNITY

You agree to indemnify and hold Portier, Castor and their affiliates and their officers, directors, employees, agents and contractors, Delivery Persons and Shoppers) 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 any Services or services or goods obtained through your use of such Services; (ii) your breach or violation of any of these Uber Eats Terms; or (iii) your violation of the rights of any third party; or (2) your breach or violation of any of these Uber Eats Terms.

6. GOVERNING LAW

These Uber Eats Terms shall be exclusively governed by and construed in accordance with the laws of the province of Ontario, or Quebec if you're a Quebec resident, and the federal laws of Canada applicable therein, without regard to conflict of law principles.

7. DISPUTE RESOLUTION

IMPORTANT: PLEASE READ THE FOLLOWING ARBITRATION REQUIREMENT CAREFULLY. YOU WILL HAVE TO RESOLVE DISPUTES THROUGH ARBITRATION. YOU WILL NOT BE ELIGIBLE TO GET MONEY OR OTHER RELIEF THROUGH A COURT PROCEEDING.

ARBITRATION REQUIREMENT

You are free to get advice or representation from a lawyer about this arbitration requirement.

Unless prohibited by law, all disputes arising out of or relating in any way to: i) these Uber Eats Terms, ii) the Services, or iii) advertisements, promotions or oral or written statements related to the Services will be finally and conclusively adjudicated and resolved by arbitration under the Arbitration Rules (“ADRIC Rules”) of the ADR Institute of Canada, Inc. (“ADRIC”), except as modified here. The arbitration will be in English or French as you choose. The arbitration may be held anywhere the arbitrator considers appropriate, including remotely by telephone or Internet.

The ADRIC Rules are available by, for example, searching <www.google.ca> to locate “ADRIC Arbitration Rules” or by clicking here. You can also contact ADRIC at 1-877-475-4353 or <www.adric.ca>.

You will have to pay some fees to arbitrate, as described in the ADRIC Rules.

However, before beginning the arbitration, the party with the claim will first try to informally negotiate with the other party, in good faith, a resolution of the dispute for not less than 30 days but no more than 45 days unless extended by agreement. During the negotiation period, any otherwise applicable limitation period will be tolled (temporarily suspended).

Nothing here prevents you from filing a claim with a government agency.

Where you allege claims of sexual assault or sexual harassment, you may choose to bring those specific claims in court instead of arbitration. Portier and/or Castor (as the case may be) agree to honour your choice of forum with respect to your individual sexual harassment or sexual assault claim but in doing so Portier and/or Castor do not waive the enforceability of any other part of this section 7.

This arbitration requirement survives: (i) the termination of this Agreement and (ii) the bankruptcy of any party. If any part of it is deemed invalid or unenforceable, the other parts remain in force.

8. OTHER PROVISIONS

Notice

Portier and Castor 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 or Castor by written communication to Portier and Castor’s address at 121 Bloor St E, Suite 1600, Toronto, ON M4W 3M5.

General

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

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