Uber Rides Terms (Transportation Services)
Uber Eats Terms (Delivery Services)
KEY PRINCIPLES PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR REQUESTING THE SERVICES MADE AVAILABLE TO YOU VIA UBER'S APPLICATION(S) / WEBSITE(S) AS THEY INCLUDE IMPORTANT INFORMATION ABOUT THE SERVICES, YOUR RIGHTS AND OTHER IMPORTANT INFORMATION.
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ABOUT US
These Terms are entered into between you, Uber London Limited, a private limited liability company established in England and Wales, registered under the company number 8014782 and having its registered offices at Aldgate Tower, First Floor, 2 Leman Street, London E1 8FA and Uber Affinity UK Limited, a private limited liability company established in England and Wales, registered under the company number 15353172 and having its registered offices at Aldgate Tower, First Floor, 2 Leman Street, London E1 8FA. You can contact us at help.uber.com and +44 808 189 7190. For more information on how Uber and its affiliates are regulated, see Section 20. For more information on how Uber Affinity is regulated, see Section 24.
DEFINITIONS
We have given certain words a defined meaning. These are set out below:
“1998 Act” means the Private Hire Vehicles (London) Act 1998
"1982 Act" means the Civic Government (Scotland) Act 1982
“1975 Act” means the Plymouth City Council Act 1975
"1976 Act" means the Local Government (Miscellaneous Provisions) Act 1976
"2008 Act" means the Taxis Act (Northern Ireland) 2008
(together the “Acts”)
"App(s)/Website(s) Services" means the services provided to you by Uber, consisting of: (a) access to and use of Uber's mobile application(s) and/or website(s) which enable you to request and receive Uber Provided Services, Uber Insurance Services and/or Third Party Services; and/or (b) payment collection and payment processing services (including issuing invoices and receipts on behalf of Third Party Providers) allowing us to charge you and to pay charges into the bank account of Uber, Uber Affinity or Third Party Providers, as the case may be, and Uber and/or Uber Affinity may engage affiliates or third parties to provide these payment collection and payment processing services on its behalf.
“Booking” means a booking of Uber Transportation Services.
“Community Guidelines” mean the guidelines, as updated from time to time, which set out expectations of all users of the App(s)/Website(s) Services. The latest version of the Community Guidelines is available here.
“Insurer” means an insurer of a product provided by Uber Affinity to you, the details of which will be notified to you by Uber Affinity.
“Legislation” means the Acts and any regulations made pursuant to the Acts, including any related local government regulations pertaining to the operation of PHVs.
"PHV" means private hire vehicle.
“Principal” means the company notified to you by Uber Affinity from time to time which is authorised by the Financial Conduct Authority and which has appointed Uber Affinity as its Appointed Representative and accepted regulatory responsibility for the Uber Insurance Services to be provided by Uber Affinity in respect of a particular type of insurance product.
“Third Party Providers” are independent third parties and include, but are not limited to, independent transportation providers, travel providers, leisure providers, couriers, restaurants, logistics providers, and/or providers of other mobility services.
“Third Party Services” include, but are not limited to, services and goods in the field of transportation, travel, leisure, delivery, logistics, mobility, and the food or grocery industry, provided to you by independent Third Party Providers. These are made available to you through your use of the App(s)/Website(s) Services.
“Uber” means Uber London, or any of its subsidiaries or affiliates (“we” or “us”).
“Uber Affinity” means Uber Affinity UK Limited, a private limited liability company incorporated and registered in England and Wales with company number 15353172, whose registered office is at Aldgate Tower, First Floor, 2 Leman Street, London E1 8FA.
"Uber Britannia" shall mean Uber Britannia Limited, a private limited liability company incorporated and registered in England and Wales with company number 8823469, whose registered office is at Aldgate Tower, First Floor, 2 Leman Street, London, E1 8FA.
“Uber Insurance Services” shall mean the making available to you and arranging of insurance products by Uber Affinity through Uber’s mobile application(s) and/or website(s) on a non-advised basis in accordance with Sections 24-36.
"Uber London" shall mean Uber London Limited, a private limited liability company incorporated and registered in England and Wales with company number 8014782, whose registered office is at Aldgate Tower, First Floor, 2 Leman Street, London, E1 8FA.
“Uber Names, Marks or Works” means Uber or its licensor’s company names, logos, products or service names, trademarks, service marks, trade dress, other indicia of ownership, or copyrights.
"Uber NIR" shall mean Uber NIR Limited, a private limited liability company incorporated and registered in England and Wales with company number 9783280, whose registered office is at Aldgate Tower, First Floor, 2 Leman Street, London, E1 8FA.
“Uber Products” means Uber Provided Services and Third Party Services, including, but not limited to, UBER, UBERX, UBER EATS, Uber Boat, Uber Rent and Local Cab, Two-Wheels.
“Uber Provided Services” include, but are not limited to, provision of services in the field of transportation (including the Uber Transportation Services), as well as provision of goods, delivery, logistics, mobility and the food and grocery industry, provided directly to you by Uber, which will be subject to additional terms between you and us.
"Uber Scot" shall mean Uber Scot Limited, a private limited liability company incorporated and registered in Scotland with company number 531141, whose registered office is at 23/1 Silvermills Court, Henderson Place Lane, Edinburgh EH3 5DG93 George Street, Edinburgh, Scotland, EH2 3ES.
“Uber Transportation Service” means the provision of the passenger journey which is the subject of a booking accepted by Uber UK as set out in these Terms.
"Uber UK" shall mean each of Uber London, Uber Britannia, Uber NIR and Uber Scot.
TERMS
GENERAL
1 Overview
1.1 These terms cover your access to and use of Uber’s App(s)/Website(s) Services and your use of Uber Products and Uber Insurance Services (the “Terms”).
1.2 You must read carefully and agree to the Terms prior to accessing and using Uber’s App(s)/Website(s) Services, Uber Products or Uber Insurance Services. These Terms expressly supersede prior agreements or arrangements about the App(s)/Websites Services (as defined below), Uber Products and Uber Insurance Services between you and Uber or Uber Affinity.
1.3 These Terms apply to the extent they do not conflict with any user and supplemental terms that specifically apply to Uber's App(s)/Website(s) Services and Uber Products. You will be asked to agree to any such terms separately.
1.4 By using Uber's App(s)/Website(s) Services, you confirm you accept these Terms. If you do not agree to these Terms, you may not access or use Uber’s App(s)/Website(s) Services. We recommend that you keep a copy of these terms for future reference.
1.5 If we have to contact you, we will do so by push notification from Uber's mobile application, phone call, text message or email, using the details you provided to us on registration for Uber's mobile application. When we use the words "writing" or "written" in these terms, this includes emails, texts and push notifications.
1.6 Unless otherwise agreed separately in writing, the App(s)/Website(s) Services, Uber Products and Uber Insurance Services are made available to you for your personal non-commercial use in the United Kingdom only.
2 Uber Provided Services
2.1 The specific terms governing Uber Provided Services, other than Uber Transportation Services, may be set out in additional terms or a separate agreement. For Uber Provided Services, Uber is the service provider contracting directly with you.
2.2 Uber is free to decide to accept or reject a request. Acceptance is communicated to you through Uber’s mobile applications and/or websites and the related terms or agreement will set out when a direct contract forms between you and Uber.
3 Third Party Services
3.1 For Third Party Services, Uber acts as a disclosed agent between you and the Third Party Providers to enable them to provide the Third Party Services to you. Uber does not provide Third Party Services. All Third Party Providers are independent third party contractors, registered businesses or other legal entities who are not employed by or acting on behalf of Uber.
3.2 When you are logged in, online and in the service area of a Third Party Provider, you will be given information in Uber’s mobile applications and/or websites about the Third Party Services before you decide to make a request.
3.3 Third Party Providers are free to decide to accept, reject or ignore a request. Acceptance is communicated to you through Uber’s mobile applications and/or websites and will give rise to a direct contract between you and the Third Party Provider (for Third Party Services).
3.4 You may be asked to rate the Third Party Provider whose services you requested. The Third Party Provider may also be able to give you a rating. Although your rating by itself will not make you lose access to Uber’s App(s)/Website(s) Services, Third Party Providers may see your rating in Uber’s mobile applications and/or websites and this rating may affect whether or not they decide to provide Third Party Services to you.
3.5 The Third Party Provider is responsible for any obligations that may arise from the provision of the Third Party Services.
4 Privacy Notice
4.1 Uber collects, uses and discloses information from or about you as described in Uber’s Privacy Notice. Additional privacy notices may apply, including from third party controllers, for Uber Provided Services or Third Party Services. We will notify you when such notices apply to you.
5 Charges and Payment
5.1 Charges for Uber Provided Services and Third Party Services.
5.1.1 If you make a request through Uber’s mobile applications and/or websites, you agree to pay the relevant charges as described in Uber’s mobile applications and/or websites and will be responsible for any charges or fees linked to your account.
5.1.2 Depending on the Uber Provided Service or Third Party Service used, including, but not limited to, its location, the charges may be displayed on Uber’s mobile applications and/or websites before a request is placed. In other cases, the charges will depend on your use of the Third Party Services or Uber Provided Services. We may provide an estimate of these charges. Please be aware that the final amount charged to you may be different from the estimate.
5.1.3 You may be charged supplementary charges, costs and/or fines, for your use or misuse of Uber Provided Services and/or Third Party Services (such as repair or cleaning fees).
5.1.4 In some cases, if the Uber Provided Services or the Third Party Services cannot be performed due to your action or inaction (for example, if you are not present at the pick-up or delivery location to receive a delivery), all charges may apply.
5.1.5 Once the Uber Provided Service or the Third Party Service has been provided, we may issue you with an invoice from Uber or on behalf of the Third Party Provider, as applicable. The invoice will include VAT, if applicable.
5.2 For more information about charges and supplementary charges, fees, costs and/or fines specific to the relevant Uber Provided Service or Third Party Service please consult the support section in Uber’s mobile applications and/or websites (such as at Help).
5.3 The charges may be modified in Uber’s mobile applications and/or websites from time to time.
5.4 The charges do not include tips. Where available, you may pay tips, either in person or through Uber’s mobile applications and/or websites. We will collect tips paid through Uber’s mobile applications and/or websites on your behalf and remit them.
5.5 Unless otherwise agreed, all charges are due immediately upon a request being placed and payment will be facilitated by Uber using the preferred payment method associated with your account, after which Uber will send you a receipt by email. If your primary payment method is not able to be charged, Uber may use a secondary payment method if available. If your payment method(s) are unavailable, we reserve the right to continue to try to take payment.
5.6 Charges are inclusive of applicable taxes including VAT unless specifically stated otherwise.
5.7 For details of premium payments in respect of insurance products purchased through the Uber Insurance Services, please refer to Section 26 below.
5.8 Cash Payments
5.8.1 Uber may enable you to select “cash” as a payment method. If you select the cash payment method:
a. you will not be able to change the destination of your trip or add any stops. If you need to make any changes to your route, you can change the payment method from cash to any other digital payment option available to you. Otherwise, you will need to cancel the current trip and book a new one, in which case cancellation fees may apply; and
b. In the event you do not have the exact change:
b.1 in addition to Uber UK’s rights in section 5.5, Uber UK may suspend your access to the App(s)/Website(s) Services until payment is received for the entire amount of the applicable cash charges and
b.2 Uber UK will issue you Uber credits for any amount that you over pay. These credits can be used on your next UberX, UberX Priority, Uber Pet, Uber Assist, Uber Access, Uber Comfort, Uber XL or Uber Exec trip, but cannot be used for Train, Coach, Eurostar, Flights, Uber Eats or Car hire trips.
6 Cancellation
6.1 In some cases, you do not have the right to cancel the request for the Uber Provided Services and Third Party Services once it has been accepted. However, for certain Uber Provided Services or Third Party Services, Uber or the Third Party Service Provider (as appropriate) may allow you to cancel the request, but you may be charged a cancellation fee.
6.2 Uber may refuse requests and cancel the Third Party Services or Uber Provided Services if there is reasonable doubt about the correctness or authenticity of the request or about the contact information. In this case too, a cancellation fee may be charged. We may also end any contract in place between you and Uber.
6.3 See the Cancellation Policy for Rides and the Cancellation Policy for Eats.
6.4 See Section 34 below in respect of cancelling a policy purchased through the Uber Insurance Services.
7 Termination
7.1 You are free at all times to use the App(s)/Website(s) Services (where and when available) and may terminate these Terms and the App(s)/Website(s) Services by closing your account.
7.2 We may terminate these Terms and your access to the App(s)/Website(s) Services with immediate effect if we conclude that there is a breach by you of these Terms or any other agreement between you and Uber for the provision of Uber Products.
7.3 Uber may, in its sole discretion, terminate these Terms or discontinue the App(s)/Website(s) Services at any time by giving you reasonable advance notice in writing.
7.4 If we cannot charge the relevant charges to your preferred payment method we may suspend or remove your access to the App(s)/Website(s) Services until payment is made.
7.5 You must immediately pay any outstanding charges due to Third Party Providers or Uber by you upon termination. Any such charges will survive termination and we reserve all rights to collect payment after termination.
8 Your liability and Indemnity
8.1 You are liable for any damage suffered by us as a result of your violation of these Terms, your misuse of the App(s)/Website(s) Services and Uber Products or your violation of any laws or third party rights. You are liable for all activities conducted through your account unless such activities are not authorised by you and you are not otherwise negligent.
8.2 In order to have access to the App(s)/Websites(s) Services, you agree to indemnify, defend (at our option) and hold us and our respective officers, directors, and employees harmless from and against all claims, liabilities, expenses, damages, penalties, fines, social security contributions and taxes arising out of or related to a breach of these Terms, breach of applicable law or third party claims directly or indirectly related to your use of the Third Party Services and the Uber Provided Services generally.
9 Limitation of Liability
9.1 Nothing in these Terms limits or excludes any liability which cannot legally be limited or excluded, including liability for death or personal injury caused by negligence and liability for fraud or fraudulent misrepresentation or alters your rights as a consumer that cannot be excluded under applicable law.
9.2 Uber, its affiliates, directors, officers, employees, workers, agents and/or subcontractors are not liable under or in relation to these Terms including, but not limited to, liability in contract, tort (including negligence, misrepresentation), breach of statutory duty, restitution or otherwise for any of the following arising out of or in connection with the use of the App(s)/Website(s) Services and/or Uber Products and/or Uber Insurance Services made available through the App(s)/Website(s) Services: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of use or corruption of software, data or information; (vi) loss of or damage to goodwill and (vii) indirect or consequential loss.
9.3 Uber, its affiliates, directors, officers, employees, workers, agents and/or subcontractors are not liable for:
9.3.1 in relation to Uber Transportation Services, any Booking that is not accepted or is otherwise cancelled by Uber UK.
9.3.2 damages or losses arising from any transaction between you and a Third Party Provider;
9.3.3 the availability and accuracy of the content, products or services of the Third Party Provider; or
9.3.4 delay or failure in performance resulting from causes beyond our reasonable control.
9.4 Uber’s total liability to you, arising out of these Terms or their subject matter, or in connection with the provision to you of the App(s)/Website(s), Uber Products or Uber Insurance Services, in contract, tort (including negligence, misrepresentation), breach of statutory duty, restitution or otherwise, shall not exceed five hundred pounds sterling (£500), unless otherwise agreed in relation to a specific Uber Product.
9.5 Uber is not liable for business losses. App(s)/Website(s) Services and Uber Insurance Services are provided only for private use. If you use App(s)/Website(s) Services or Uber Insurance Services for any commercial or business purpose Uber will have no liability to you for any loss of profit, loss of business, loss of revenue, business interruption, or loss of business opportunity (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms).
10 General.
10.1 Uber may change these Terms from time to time. We will inform you of changes within a reasonable time period. You will be bound by such changes upon their notification to you in Uber’s mobile applications and/or websites and/or by email. If you do not agree with these changes, you are free to close your account in accordance with Section 7.1. These Terms were most recently updated as at the outset of this document.
10.2 The invalidity of any provisions in these Terms does not affect the validity and enforceability of the rest of these Terms. Any such invalid, illegal or unenforceable provisions shall be deemed deleted.
10.3 We may assign, subcontract or transfer these Terms or any of our rights or obligations in them, in whole or in part, without your prior consent, provided this will not lead to a reduction of the rights you are entitled to by virtue of these Terms or by law. We will tell you if this happens. You may not assign, subcontract or transfer these Terms or any of our rights or obligations, in whole or in part, as your use of the Uber’s App(s)/Website(s) is personal, unless agreed otherwise.
10.4 These Terms replace all previous agreements relating to your access and use of the App(s)/Website(s) Services. In addition, in the event of any conflict between these Terms and any previous agreements relating to your use of Uber Transportation Services, these Terms shall prevail.
10.5 You may be required to accept additional terms to access or use the App(s)/Website(s) Services, Uber Insurance Services and/or Uber Products. If there is a conflict between these Terms and the separate agreement, the latter will have precedence unless specified otherwise in the separate agreement.
10.6 Except as expressly provided for in these Terms, a person who is not party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or to enjoy the benefit of any terms contained in these Terms.
11 Dispute Resolution Process
11.1 In the event of a dispute, we would ask you to raise a complaint using the contact details in the “About Us” section above. In the unlikely event that we cannot resolve the dispute, we will work with you to discuss a way forward to resolve the dispute, which may include mediation. Uber's right to refer the dispute to a court is expressly reserved. Uber does not commit to using an online dispute resolution platform to resolve consumer disputes.
11.2 If you wish to raise a complaint about Uber Insurance Services, please refer to Section 36 below.
12 Governing Law and Jurisdiction
12.1 These Terms shall be exclusively governed by and construed in accordance with the laws of England. If you live in England or Wales you can bring legal proceedings in respect of the Uber Provided Services or Uber Insurance Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Uber Provided Services or Uber Insurance Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Uber Provided Services or Uber Insurance Services in either the Northern Irish or the English courts.
APP(S)/WEBSITE(S) SERVICES
13 By accessing and using the App(s)/Website(s) Services you accept these Terms
13.1 By accessing and using the App(s)/Website(s) Services in another country, your access and use may be subject to country-specific terms. You can locate those terms by navigating to this page and choosing the country from which you wish to access the Apps(s)/Website(s) Services.
13.2 Uber's mobile applications and/or websites may be made available to you under various branding depending on the Uber Product(s) you are accessing or using at the time.
14 Your access to and use of the App(s)/Website(s) Services
14.1 Uber’s mobile applications and/or websites can be downloaded or accessed on most modern mobile devices with an internet connection and equipped with popular operating systems such as Android or iOS.
14.2 You are responsible for obtaining the network access necessary to use the App(s)/Website(s) Services and are responsible for any rates and fees from your mobile network provider, including from data consumption while using Uber’s mobile applications and/or websites. You are also responsible for obtaining compatible devices and operating systems necessary to use the App(s)/Website(s) Services, including any software or hardware updates.
14.3 We provide the App(s)/Website(s) Services “as is” and “as available.” The App(s)/Website(s) Services, or any related digital content, may be subject to limitations, delays, and/or other problems inherent to the use of the internet and electronic communications and are not guaranteed to be available, uninterrupted or error free at all times. Uber may suspend or withdraw or restrict the availability of all or any part of the App(s)/Website(s) Services for business and operational reasons. Uber will try to give you reasonable notice of any suspension or withdrawal.
14.4 To use the App(s)/Website(s) Services in the United Kingdom, you must register in Uber's mobile applications and/or websites and set up an account and you must be eighteen (18) or older. To use the App(s)/Website(s) Services in the United Kingdom you must be eighteen (18) or over. The terms governing specific Uber Provided Services, Uber Insurance Services or Third Party Services may impose different age requirements.
14.5 You must provide us with certain personal information to register and set up your account, including your phone number and email address. To use the App(s)/Website(s) Services, Uber Provided Services, Uber Insurance Services or certain Third Party Services, you may need to provide at least one valid payment method (that is, a credit card, debit card or any other accepted payment method). You may need to provide additional information and documents before using certain Uber Provided Services, Uber Insurance Services or Third Party Services, such as your address.
14.6 You are under no obligation to log in to, or use, Uber’s mobile applications and/or websites. If you choose to stop using Uber’s mobile applications and/or websites you may do so without giving us any notice. You further agree that Third Party Providers are under no obligation to log in to, or use, Uber’s mobile applications and/or websites.
14.7 Uber may temporarily restrict your access to and use of the App(s)/Website(s) Services if there is a suspected breach of your obligations (see Section 15 below) or otherwise of these Terms, including where we receive a complaint in relation to fraud. There may be circumstances in which we are unable to provide you with information about the complaint whilst an investigation is ongoing (by us and/or a third party such as the police).
15 Your Obligations when using the App(s)/Website(s) Services
15.1 When using the App(s)/Website(s) Services, you must comply with all applicable laws. You may only use the App(s)/Website(s) Services for lawful purposes and for the purposes for which they were intended as otherwise referenced in these Terms. You must not misuse Uber’s mobile applications and/or websites or attempt to defraud either us or Third Party Providers. For more information about what is expected from you, please consult our Community Guidelines.
15.2 You must provide accurate and complete information when you register an account and when using the App(s)/Website(s) Services.
15.3 Your account is personal to you. Your account cannot be licensed or shared unless expressly permitted by Uber. Once you have set up an account, you:
a. may not register more than one account unless we agree otherwise in writing;
b. may not allow third parties to use your account or transfer your account to a third party;
c. must keep your account information accurate, complete and up-to-date;
d. must keep your login details safe and confidential at all times; and
e. must tell us immediately if you have any reason to believe that someone else knows your username or password or if you suspect that someone else is using your account.
15.4 You will be responsible for paying any fees or charges that may be incurred as a result of the provision of Uber Provided Services, Uber Insurance Services or Third Party Services requested through your account.
15.5 You must not, in your use of the App(s)/Website(s) Services, cause any nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider, Uber or any other party.
15.6 You will not be charged for using the App(s)/Website(s) Services. However, we reserve the right to introduce a usage charge, in which case you will be informed in writing and given the opportunity to terminate these Terms before any such charge is introduced. If you choose to terminate these Terms, you will no longer be able to access or use the App(s)/Website(s) Services.
15.7 We reserve the right to introduce a fee, and we will inform you, for specific features on Uber's mobile applications and/or websites, in which case you can decide if you wish to proceed. These may be subject to separate terms, which Uber will make available to you at the time.
16 What if there's a problem with my App(s)/Website(s) Services?
16.1 If there is a problem with the App(s)/Website(s) Services, or if you have a complaint, please contact us on the details set out in the “About Us”section above.
17 Do not rely on information made available to you on the App(s)/Website(s) Services.
17.1 Although Uber makes reasonable efforts to update the information provided through the App(s)/Website(s) Services, Uber makes no representations, warranties or guarantees, whether express or implied, that the content on the mobile applications and/or websites is accurate, complete or up to date.
18 Ownership of and rights in the App(s)/Website(s) Services
18.1 Uber reserves all rights not expressly granted in these Terms. The App(s)/Website(s) Services, Uber's devices and all data gathered through Uber’s mobile applications and/or websites (including all intellectual property rights in all of the foregoing) are and remain Uber's property or the property of Uber's licensors.
18.2 You may not, and may not allow any other party to: (a) license, sublicense, copy, modify, distribute, create, sell, resell, transfer, or lease any part of Uber’s mobile applications and/or websites; (b) reverse engineer or attempt to extract the source code of Uber’s mobile applications and/or websites except as allowed under law; (c) launch or cause to launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any part of Uber’s mobile applications and/or websites or data; (d) use, display, or manipulate any of Uber Names, Marks, or Works for any purpose other than to use the App(s)/Website(s) Services; (e) create or register any (i) businesses, (ii) URLs, (iii) domain names, (iv) software application names or titles, or (v) social media handles or profiles that include Uber Names, Marks, or Works or any confusingly or substantially similar mark, name, title, or work; (f) use Uber Names, Marks, or Works as your social media profile picture or wallpaper; (g) purchase keywords (including, but not limited to Google AdWords) that contain any Uber Names, Marks, or Works; or (h) apply to register, reference, use, copy, and/or claim ownership in Uber’s Names, Marks, or Works, or in any confusingly or substantially similar name, mark, title, or work, in any manner for any purposes, alone or in combination with other letters, punctuation, words, symbols, designs, and/or any creative works; except as may be permitted in the limited license granted under Section 19.3 below.
18.3 Subject to your compliance with these Terms, we grant you a personal, worldwide, non-exclusive, non-transferable, revocable, non-sublicensable license to install and/or make use of Uber’s mobile applications and/or websites on your device solely for your use and for you to access and use information made available through Uber’s mobile applications and/or websites. Any rights not expressly granted herein are reserved by Uber and Uber’s licensors.
UBER TRANSPORTATION SERVICES AND THIRD PARTY SERVICES
19 Service Provider and Private Hire Vehicle Operators of Uber Transportation Services
19.1 For Uber Transportation Services within the United Kingdom, you will be contracting with the Uber entity which has accepted your booking as the relevant licensed private hire operator.
19.1.1 For passenger journeys which commence in England or Wales, Uber London or Uber Britannia. You will be notified in Uber’s mobile application and/or website if your booking has been accepted by Uber London. All other bookings in England or Wales will be accepted by Uber Britannia.
19.1.2 For passenger journeys which commence in Scotland, Uber Scot.
19.1.3 For passenger journeys which commence in Northern Ireland, Uber NIR.
(that entity referred to as "Uber UK" for the purpose of this agreement).
19.2 You can contact the relevant entity using the contact details in the “About Us” section above.
19.3 Pursuant to the Legislation, a booking request made by you can only be accepted by a person that holds a private hire operator's or booking office licence.
19.4 In respect of the 1998 Act, Uber London is the holder of the relevant PHV operator's licence. In respect of the 1975 Act, Uber Britannia is the holder of the relevant PHV operator's licence in Plymouth. In respect of the 1976 Act, Uber Britannia is the holder of the relevant PHV operator's licence in each of the district councils (other than the Metropolitan Police District and the City of London) in which it operates. In respect of the 1982 Act, Uber Scot is the holder of the relevant booking office licences. In respect of the 2008 Act, Uber NIR is the holder of the relevant operator’s licence.
20 Uber UK's Contract with you for Uber Transportation Services
20.1 A request for a Booking constitutes an offer by you to purchase Uber Transportation Services in accordance with these Terms. This Booking request will set out the main characteristics of the Uber Transportation Services (including pick up and drop off points). Your offer shall only be accepted when Uber issues written confirmation of the relevant Uber Transportation Service via text message, email or push notification from Uber's mobile application, at which point and on which date and time a contract for Uber Transportation Services to which the Booking relates shall come into existence (“Contract“). There is no obligation on us to accept a Booking and it may be declined for any reason. If a driver becomes unavailable after we have provided you with written confirmation of the Contract, we will endeavour to find you another driver for your Booking. Where an alternative driver cannot be found, we reserve the right to terminate the Contract without compensation to you.
20.2 The Community Guidelines form part of your Contract with Uber UK.
20.3 We will inform you of the estimated time of driver arrival and estimated time of journey completion, but these are estimates only and time shall not be of the essence. If we cannot accept your Booking request, we will inform you of this and will not charge you for Uber Transportation Services. Your Contract will end when the passenger journey ends or as otherwise may be provided for in these Terms.
20.4 The price for the Contract (which will include VAT, if applicable) will be provided to you via Uber’s mobile applications and/or websites before you place your Booking request. This may include relevant surcharges (including airport pickup, dropoff, tunnel tolls, parking or other airport charges) and/or tolls, road charging schemes, including congestion charge, charges for low emission or similar zones, and road tax. You may be charged a different amount than the price provided in certain situations, including but not limited to, material changes to the pick/up drop off point, route taken, driver waiting time, stops or traffic. In this situation, the rates that will apply will be available to you via Uber's mobile application and/or websites. These may be modified or updated from time to time. It is your responsibility to remain informed about the current rates for the Uber Transportation Services. More information can be found here. Additional charges may also apply, for instance if you, or any passenger, soils, contaminates, or damages a vehicle, in which case you may be charged for such damage, as well as for a cleaning fee as more particularly set out in the Community Guidelines.
20.5 Our accepted payment methods are set out on our App. When you make a Booking request, Uber UK may need to verify your payment method by issuing a temporary authorisation hold from your bank. For more information, please click here. When Uber UK has completed the Uber Transportation Services, if you think a payment is incorrect, please contact us promptly to let us know.
20.6 When you open an account with Uber, your home currency may be automatically set as your preferred currency for transportation services. When you make a booking request when traveling abroad in supported countries and a preferred currency is selected in your wallet, your trip fare will be displayed in your preferred currency and you will be charged in that currency. If you do not want to be charged in your preferred currency, you must change the currency selection in your wallet before making the booking. See terms and conditions on Preferred Currency Pricing here.
20.7 You can make changes to your Contract through Uber's mobile application. It will confirm if the change is not possible.
20.7 Uber UK and its affiliates may make changes to its Uber Transportation Services at any time, including to reflect changes in relevant laws and regulatory requirements.
21.9 Your right to cancel a Contract depends on when you decide to end the Contract. Please see Section 6 of these Terms for Cancellation of a Contract as well as our Cancellation Policy for Rides. If Uber UK is not at fault, and you do not have a right to change your mind, you can still end your Contract, but you may be charged a cancellation fee in accordance with our cancellation policy. To cancel your Contract, please follow the steps on the Uber's mobile application. Uber UK will make refunds due to you as soon as possible, where applicable.
20.10 Uber UK may end your Contract in certain circumstances, as provided for in these Terms. If Uber UK ends the Contract, Uber UK will refund any money you have paid in advance but it may deduct or charge you as compensation for the net costs it incurs if you have broken the terms of the Contract.
20.11 Uber UK also provides to you certain booking services which include:
20.11.1 Accepting Bookings requested by you (which include Bookings requested in advance by you using the “scheduled ride" function in the Uber app) in accordance with sub-paragraph 3.4 above, but without prejudice to Uber UK's rights at its sole and absolute discretion to decline any such request and/or cancel an accepted Booking;
20.11.2 Keeping records of Bookings;
20.11.3 Remotely monitoring transportation services booked using the Uber app;
20.11.4 Receiving and dealing with feedback, questions and complaints from you relating to Bookings accepted by Uber UK, which may be made at help.uber.com; and
20.11.5 Managing any lost property queries,
(together the "Booking Services").
21 What if there's a problem with my Uber Transportation Services
21.1 If there is a problem with Uber Transportation Services, or if you have a complaint, please contact us on the details set out in the “About Us” section above.
21.2 Please note, however, that all private hire vehicles are required by law to hold and maintain PHV insurance in order for drivers to legally carry and transport passengers. If your problem relates to a motor incident, please contact us for your driver's insurance details in order to progress matters. We will not be liable for any matters covered by your driver’s PHV insurance unless and until you have exhausted all potential remedies related to motor accidents.
21.3 If Uber UK, or its affiliate entities, are liable to you in connection with the Booking Services or Uber Transportation Services, its liability, insofar as is permitted by law, will be limited to an amount equal to £500 in aggregate.
21.4 Uber UK, and its affiliate entities, are not liable for business losses. Uber Transportation Services are provided only for private use. If you use Uber Transportation Services for any commercial or business purpose Uber will have no liability to you for any loss of profit, loss of business, loss of revenue, business interruption, or loss of business opportunity (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms).
21.5 Uber UK does not exclude or limit its liability in any way to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, workers, agents or subcontractors; for fraud or fraudulent misrepresentation and for breach of your legal rights in relation to the Uber Transportation Services.
22 Guest Users
22.1 If you have an account, you may not allow third parties to receive Uber Transportation Services or 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 (including Uber 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 Uber’s App(s)/Website(s) Services or Uber Products restricted or deactivated due to a breach of these Terms or the Community Guidelines. If you request transportation services (including Uber Transportation Services) for another individual (“Guest User”) using the “Guest Riders” request option, you acknowledge and agree that: (a) you are acting as the Guest User’s agent at all times, from the point in time when you request the transportation services (including Uber Transportation Services), up until the transportation services (including Uber Transportation Services) have been provided or cancelled (as applicable); (b) you are responsible for all acts or omissions of the Guest User in connection with the services; (c) all information provided by you to Uber regarding the Guest User, including name and contact details, is accurate and complete; and (d) 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, as applicable, 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.
UBER INSURANCE SERVICES
23 About Uber Affinity
23.1 You may be offered and be entitled to purchase certain insurance services and products through Uber’s mobile application(s) and/or website(s). Any such Uber Insurance Services offered will be provided to you by Uber Affinity in accordance with these Terms. For the avoidance of doubt, Uber Insurance Services will under no circumstances be provided to you by Uber London or any other Uber entity.
23.2 Uber Affinity is an appointed representative of its Principal(s) who are authorised and regulated by the Financial Conduct Authority (FCA). The FCA regulates the financial services industry in the UK. Uber Affinity’s firm reference number is 1007676. You can check the status of Uber Affinity at https://register.fca.org.uk/s/ or by contacting the FCA on 0800 111 6788 (+44 207 066 1000 from overseas). The details of Uber Affinity's Principal(s) in respect of certain products and services will, where relevant, be specified in the supplemental or additional terms in respect of those products. Details of Uber Affinity's Principal(s) can also be found on the Financial Services Register.
23.3 Uber Affinity grants you a licence to install and/or make use of the Uber Insurance Services which it may offer from time to time via the various portals of Uber’s App(s)/Website(s) Services in accordance with section 19.3 above.
23.4 Uber Affinity acts as an insurance intermediary that undertakes insurance distribution activities including introducing, arranging, dealing in and assisting with the placing and administration of certain insurance services and products on behalf of its Principal(s) and/or Insurers, as the case may be. Uber Affinity does not provide any personal recommendations or other advice in relation to the insurance services and products it offers. You will need to make your own decision on the suitability of such services and products. The insurance products that Uber Affinity may distribute to you are provided by its Principal and/or the Insurer, as the case may be.
24 Duty to disclose accurate and full information
24.1 You have a duty to take reasonable care to answer any questions fully and accurately and to ensure that any information that you volunteer is not misleading. If you become aware that relevant information that you have supplied before the contract of insurance is finalised was incorrect or has been omitted, you should promptly inform the Insurer or party specified in your policy.
24.2 If you have made a deliberate, reckless or careless misrepresentation, Insurers may have the right to change the terms of the insurance, charge a higher premium, refuse to pay a claim or reduce the amount paid, or in some circumstances may be able to treat the policy as if it never existed and keep the premium you paid, meaning any claims would not be paid and you would not get your money back.
24.3 All statements and material facts disclosed on proposal forms, statements of fact, claims forms and other documents should be full, true and accurate. Material facts are those that would influence an insurer in deciding whether or not to accept a risk and the terms and conditions that would apply. If you are in any doubt as to whether a fact is relevant, you should disclose it and then ask for guidance.
25 Payment of Premium
Uber Affinity may provide you with pricing information and details of payment options before you place or renew your cover. Such information shall specify any insurance premium tax, duty or other charge which is payable in addition to your premium. If any deduction is allowable by you in respect of such tax, duty or other charge, you are responsible for ensuring it is remitted to the appropriate authority.
26 Protecting your money
26.1 When Uber Affinity or its affiliates collects premiums or refunds premiums to you it acts as the agent for the Insurer. The Insurer treats the payment by you of any premium to Uber Affinity or its affiliates as having been made directly to them when it is received from you, meaning that your money is protected.
26.2 Any premium refunds or claims monies Uber Affinity or its affiliates receives from the Insurer are treated as received by you only when it is actually paid over to you by Uber Affinity or its affiliates. When acting as agent of the Insurer for the purposes of holding or receiving any premium refunds or claims monies, Uber Affinity or its affiliates will remit them to such parties as the Insurer directs Uber Affinity or its affiliates to pay.
26.3 Any interest earned on insurer monies held by Uber Affinity or its affiliates shall belong to Uber Affinity or the relevant affiliate and Uber Affinity or the relevant affiliate shall not be required to account for it to you.
27 Our fees and charges
In return for providing Uber Insurance Services to you, Uber Affinity may receive a commission payment (being a percentage of the premium charged by the Insurer in respect of the policy distributed by Uber Affinityus) and/or a fee from the Insurer for the Uber Insurance Services provided by Uber Affinity, which will be notified to you prior to your cover being placed or renewed. Where Uber Affinity is not able to provide you with an actual fee, it will provide you with the basis of calculation of any fee.
28 Policy documentation
28.1 In offering the Uber Insurance Services, once Uber Affinity and/or the Insurer has processed your application for a policy, you will receive your policy documentation in a timely manner confirming the basis of your cover and giving details of the Insurer. It is your responsibility to check your policy documentation and to satisfy yourself that it is entirely in accordance with your requirements. This is not part of the service provided by Uber Affinity. You should promptly advise the relevant Insurer and/or Principal in accordance with the terms of your policy of any incorrect information or changes required. Otherwise, Uber Affinity will assume that the policy documentation and policy satisfy your requirements. Please keep your policy documentation safe as you may need to refer to it if you need to make a claim.
28.2 You will be provided with any mid-term changes, endorsements and any other amendments, along with an explanation of those changes, in good time prior to the relevant change taking effect.
29 Change in circumstance
You must advise the Principal and/or Insurer as soon as reasonably practicable of any changes in your circumstances that may affect the Uber Insurance Services to be provided by Uber Affinity or the cover provided under your policy.
30 Warranties and subjectivities
30.1 Your policy may contain warranties and/or conditions precedent to liability. You must strictly adhere to the terms and conditions of your policy, especially any warranties and conditions precedent to liability. Failure to do so could result in your policy being cancelled or claims not being paid. If you identify a breach, you should remedy it as soon as reasonably possible and keep a record of what actions you take and when.
30.2 Your insurance may separately be subject to certain requirements being fulfilled, known as a subjectivity. Any subjectivities should be satisfied as soon as reasonably possible to ensure that your insurance is valid.
31 Reasonable precautions
There is a common law duty on all insurance policyholders to act as if uninsured and to take all prudent and reasonable steps to both prevent injury or damage of the type covered by the insurance and to take all such actions after the event as are sensible to minimise the loss. Failure to act in a reasonable manner may invalidate your cover.
32 Claiming under your policy
32.1 Please refer to your policy summary or policy document if you need to notify a claim. You should contact the Insurer or party as specified in your policy directly using the contact details provided as soon as reasonably possible should you become aware of any incident which could give rise to a claim.
32.2 You are responsible for notifying claims or potential circumstances that may give rise to a claim. To ensure full protection under your policy you should familiarise yourself with coverage conditions or other procedures immediately relating to claims and to the notification of those claims. Failure to adhere to the notification requirements, particularly the timing of notification, as set out in your policy, may entitle the Insurer to deny your claim. In presenting a claim it is your responsibility to disclose all facts which are material to the claim.
32.3 If you require assistance in relation to a claim or potential claim, please contact the Insurer or service provider as specified in your relevant policy directly using the contact details provided.
33 Cancelling your policy
Please follow the process set out in the Uber’s App(s)/Website(s) Services and/or your policy documentation if you wish to cancel any policy that Uber Affinity has distributed to you. Please refer to your policy summary or policy document for further details. If your policy is cancelled, the Insurer will determine any return premium in relation to policies distributed by Uber Affinity in accordance with the terms of your policy. In the event of cancellation, Uber Affinity is entitled to retain any commissions and/or fees earned prior to the date of cessation of the policy in full.
34 Insurer security
The Insurer is regulated and required to have adequate capital resources. However, Uber Affinity cannot guarantee the solvency of the Insurer. An insolvent insurer may be unable to pay claims or may be unable to pay them in full and you may have to pay a further premium to pay for alternative insurance cover. Uber Affinity does not accept any and you agree that it shall not have any liability to you for any unpaid amounts in respect of claims or return premiums due to you from an Insurer who becomes insolvent or delays settlement.
35 Complaints in relation to Uber Insurance Services
35.1 It is Uber Affinity's intention to provide a high level of service. However, if you wish to register a complaint in relation to Uber Affinity's provision of Uber Insurance Services, please contact us at Uber Affinity at Aldgate Tower, First Floor, 2 Leman Street, London E1 8FA or affinity-UK@Uber.com.
35.2 If you cannot settle your complaint with Uber Affinity in relation to the provided Uber Insurance Services, you may be entitled to refer it to the Financial Ombudsman Service (FOS). The FOS Consumer Helpline is on 0800 023 4567 and their website is at: www.financial-ombudsman.org.uk or you can contact them by post at Financial Ombudsman Service, Exchange Tower, London E14 9SR.
35.3 Uber Affinity is covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme if Uber Affinity cannot meet its obligations to you. This depends on the type of business, certain eligibility criteria and the circumstances of the claim. Further information is available from the FSCS helpline on 0800 678 1100 or by visiting www.fscs.org.uk. You can also contact the FSCS by post at Financial Services Compensation Scheme PO Box 300 Mitcheldean GL17 1DY.
UBER EATS UK
DELIVERY SERVICES AGREEMENT
Thank you for choosing Uber Eats.
Starting on 4th April 2022, we have made some changes to the way delivery works in the UK.
This Delivery Services Agreement (the "Terms") sets forth relevant terms and conditions governing the provision of Delivery Services for items ordered via Uber Eats, and your relationship with Uber Eats UK Limited ("Uber Eats UK") where you request it to provide Delivery Services as described below. You can contact us by using the Help section of the Uber Eats App, or at First Floor, Aldgate Tower, 2 Leman Street, London, United Kingdom, E1 8FA (legal-contracts-bv@uber.com).
In order to request Delivery Services in the UK for the first time on or after 4th April 2022, all Uber Eats users must accept these Terms. By requesting Delivery Services, you confirm that you accept these Terms. These Terms will apply to all subsequent orders you place for Delivery Services.
You will be notified about any changes to the Terms by e-mail and a new version will be made available online. When accessing or using the Delivery Services, you consent to be bound by the Terms, as amended, at the time you use the Delivery Services.
These Terms are additional to the terms you have entered into in relation to your use of Uber's app/website services ("User Terms"). For the purpose of the User Terms, the Uber entity you have contracted with for Uber Delivery (as defined below) is Uber Eats UK.
These Terms will apply to your use of Uber Eats via any means (including orders placed on the Uber Eats App, the Uber Rides App or on ubereats.com), when we use the term “Uber Eats App” in these Terms, that term includes any App or website on which you order via Uber Eats.
1 Use of the Uber Eats App
1.1 To use the Uber Eats App to order food, beverages, or other items ("Items") from restaurants or other businesses ("Merchants"), you must first register for and maintain an active personal user services account in accordance with the User Terms ("Uber Account").
1.2 With regards to the registration for an Uber Account, the use of the Uber Eats and your Uber Account, the User Terms shall be solely applicable.
1.3 Uber Eats UK (or one of its affiliates) may decide according to its reasonable business discretion whether or not to accept your registration for an Uber Account. Once your registration has been accepted, you will be provided access to the Uber Eats App and Uber Eats.
2 Use of the Delivery Services
2.1 Once you have been provided access to the Uber Eats App, you may place orders for Items. Please note, the description of the Items available on the Uber Eats App is based on the information provided by the relevant Merchant. You may request that Items be delivered ("Delivery Services").
2.2 Your Items may be delivered either by Uber Eats UK (“Uber Delivery”) or by the Merchant (“Merchant Delivery") depending on the Merchant you have selected.
2.3 In the case of an Uber Delivery, you will contract with and be charged by Uber Eats UK for the Delivery Services. Uber Eats UK will request an independent contractor (a “Delivery Partner”) to collect Items from the Merchant and deliver such items to you on Uber Eats UK’s behalf.
2.4 In the case of a Merchant Delivery, you will contract with and be charged by the Merchant for the Delivery Services. The Delivery Services will be performed by employees, contractors, workers or agents of the Merchant who provide Delivery Services on a Merchant’s behalf, not arranged by Uber Eats UK.
2.5 In other cases, such as a Pickup order, you may place orders for Items via the Uber Eats App which do not require the use of Delivery Services.
2.6 Uber Delivery is an Uber Provided Service, as referred to in the User Terms.
2.7 In the case of an Uber Delivery, Uber Eats UK will endeavour to ensure that your Items will be delivered to you as soon as reasonably possible. We will give you an estimated range of how long the delivery will take before you place the order. Unfortunately, independent factors such as traffic and weather, as well as the actions or inactions of Merchants or Delivery Partners may cause delays in the provision of Delivery Services. Uber Eats UK reserves the right to refuse to accept and/or complete an Uber Delivery if the delivery point is a school.
2.8 Delivery Services are offered in designated regional areas as communicated via the Uber Eats App from time to time (“Delivery Service Area”). Uber does not guarantee that the Delivery Services will be available in the Delivery Service Area at all times.
2.9 You and Uber Eats UK may terminate these Terms or the Delivery Services if the other party violates the provisions of these Terms. Subject to clause 2.10, you can terminate these Terms by writing to us or by no longer requesting Delivery Services. Uber may suspend all or part of the Delivery Services, and otherwise, operate or discontinue the Delivery Services.
2.10 You may cancel your order until the Merchant has accepted your order. Once the the Merchant has accepted your order, you will no longer be able to cancel and you will be charged full price for your ordered Items. If you cancel your order after the delivery has begun, you will also be charged full price for Delivery Services.
2.11 If either an Uber Delivery or Merchant Delivery fails for reasons attributed to you (for example, you were not available when your Items were delivered to you) you may be charged full price for both Items and Delivery Services.
2.12 If Uber Eats UK cancels the Delivery Services for any reason not attributed to you, you will be entitled to a refund for any Fees paid.
3 Payment for the Delivery Services
3.1 The price of the Delivery Services (the “Fees”) will be determined based on the price shown in the Uber Eats App before you place your order for Delivery Services. All fees are in pounds sterling and include VAT.
3.2 You shall pay any Fees for Delivery Services via one of the payment options (which will always include credit or debit card) as offered by Uber Eats UK from time to time. When you place an order for Items, Uber Eats UK may need to verify your payment method by issuing a temporary authorisation hold from your bank. When your order has been completed, if you think a payment is incorrect, please contact us promptly to let us know.
3.3 If you are unhappy with an Uber Delivery, your sole recourse will be with Uber Eats UK. Uber Eats UK will provide refunds for a substandard Uber Delivery at its sole discretion.
3.4 Without prejudice to any separate right to suspend your Uber Account, insofar as a fee payment cannot be honoured because of insufficient funds, Uber Eats UK shall be entitled to suspend your access to Delivery Services by blocking the Uber Eats App until your selected payment method is effecting payments.
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