Uber B.V. – Terms and Conditions – Sri Lanka

1. CONTRACTUAL RELATIONSHIP

These Uber B.V. – Terms and Conditions – Sri Lanka (“Uber Terms”) govern the access or use by you, an individual, from within Sri Lanka of applications, websites, content, and services (the “Uber Services”) that enable users of Uber’s mobile applications or websites to request for transportation services or parcel services through independent third party providers made available by Uber B.V., a private limited liability company established in the Netherlands, having its offices at Burgerweeshuispad 301, 1076 HR, Amsterdam, the Netherlands, registered at the Amsterdam Chamber of Commerce under number 65851307 (“Uber B.V.”).

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

Scope of these Uber Terms

Uber Services may be provided by Uber B.V. or, if specified in these Uber Terms or any supplemental terms, by affiliates of Uber B.V. Uber Services provided by Uber B.V. under these Uber Terms include the Uber Parcel service (as set out in section 4 below) but do not include any of Uber’s delivery and/or marketplace services.

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

Supplemental terms

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

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

Amendments

Uber B.V. may amend the Uber Terms, any supplemental terms or policies (including the "Community Guidelines", available at https://www.uber.com/legal/en/document/?name=general-community-guidelines&country=sri-lanka&lang=en) related to the Uber Services from time to time. Uber B.V. may at any time without prior notice change any Uber Terms, policies or supplemental terms. Additionally, charges, rates and fees which are accessible within the Application may be introduced or changed from time to time without prior notice, provided they will not apply to any transaction currently in progress. Amendments will be effective upon posting of such updated Uber Terms at this location or the amended supplemental terms or policies on the applicable Uber Service or at this location (as the case may be). Your continued access or use of the Uber Services after such posting constitutes your consent to be bound by the Uber Terms, policies and supplemental terms, as amended.

Termination or restriction of the Uber Services

Uber B.V. may restrict you from accessing or using the Uber Services, or any part of them, or terminate these Uber Terms or any Uber Services with respect to you, immediately, without notice, in circumstances where Uber B.V. reasonably suspects that:

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

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

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

Uber B.V., acting reasonably, may also terminate these Uber Terms or any Uber Services for any legitimate business, legal or regulatory reason by giving 30 days’ written notice to you.

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

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

Privacy

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

2. THE UBER SERVICES

Uber B.V. 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 transportation services with independent third party providers of those services that have an agreement with Uber B.V. or its affiliates (“Third Party Providers”); and (b) request Parcel Services for delivery of Parcels. Additionally, Uber and/or its affiliates facilitate payments to Third Party Providers for the services provided to you by those parties.

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 and/or its affiliates do not provide transportation services or function as a transportation carrier nor does it act as the delivery partner for Parcel Services; and (b) all such transportation services and Parcel Services are provided by independent Third Party Providers who are not employed by Uber and / or its affiliates. Uber B.V. accepts liability for the Uber Services and Application that it provides to you subject to these Uber Terms. Third Party Providers are solely responsible for the services they provide to you.

Licence

Subject to your compliance with these Uber Terms, Uber B.V. grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable licence to: (i) access and use the Applications on your personal device solely in connection with your use of the Uber Services; and (ii) access and use any content, information and related materials that may be made available through the Uber Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Uber B.V. 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 B.V.; (iii) decompile, reverse engineer or disassemble the Uber Services except as may be permitted by applicable law, in order to, including but not limited to, design or build a competitive product or service, design or build a product using similar ideas, features, functions or graphics of the Service or Application, or copy any ideas, features, functions or graphics of the Service or Application; (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; (vi) attempt to gain unauthorised access to or impair any aspect of the Uber Services or its related systems or networks; (vii) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Application in any way; or (viii) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application.

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 Parcel services, including the transportation request brands currently referred to as “Uber,” “Uber Zip”, “Uber Premier”, “Uber Minivan”, “Uber Van”, “Uber Premier Plus”, “Uber Tuk”, “Uber Moto”, “Uber Moto Saver” and “Uber Rentals”, and the Parcel Services brands currently referred to as “Parcel”, ‘Parcel Saver’, ‘Parcel Bike’, “Tuk Parcel” or ‘Store Pickup’.

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

Third Party Services and Content

The Uber Services may be made available or accessed in connection with third party services and content (including advertising) that Uber B.V. does not control. Once you click on a link to third-party services or content, you will be subject to the terms and conditions and privacy policy of that website, destination, or third-party service provider. Uber B.V. will not warn you that you have left the Uber Services or that you are subject to the terms and conditions (including privacy policies) of another website, destination, or third-party service provider. You use all links in third-party websites and advertisements at your own risk as these are not part of the Uber Services and are not controlled by Uber B.V. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Uber B.V. does not endorse such third party services and content and in no event shall Uber B.V. be responsible or liable for any products or services of such third party providers.

Ownership

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

Uber Active Area

The 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 B.V. does not guarantee that you will be able to use the Uber Services to request any such 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. If you reside in a jurisdiction that restricts the use of the Service or Application because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service and the Application. You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these Uber Terms and register for the Service and the Application.

Account registration requires you to submit to Uber B.V. 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 B.V. in writing, you may only possess one Account.

User Requirements and Conduct

The Uber Services are not available for use by persons under the age of 18. You may only use the Service or download the Application for your sole, personal use and will not resell it to a third party. 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) Uber Parcel services from Third Party Providers unless permitted by you, and you agree to take full responsibility for their acts or omissions. You may not use an account that is subject to any rights of a person other than you without appropriate authorization. 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 nor sending or storing any unlawful material) 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 B.V., its affiliates or any of their employees, agents or contractors or use Uber Services for fraudulent purposes. By using the Application or Uber Services, you agree that: (i) you will not impair the proper operation of the network; (ii) you will not try to harm the Service or Application in any way whatsoever; and (iii) you will not copy, or distribute the Application or other Uber Content without written permission from Uber B.V. You must keep secure and confidential your account password or any identification we provide you which allows access to the Service and the Application. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Uber Services, and you agree that you may be denied access to or use of the Uber Services if you refuse to provide proof of identity or other method of identity verification.

Guest Users

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

How to use the Service and the Application

The Application allows you to send a request for transportation service or Parcel Services to Third Party Providers. The GPS receiver - which should be installed on the mobile device (smart phone) on which you have downloaded the Application - detects your location and sends your location information to the relevant Third Party Providers. The Third Party Providers have sole and complete discretion to accept or reject each request for service. The Third Party Providers also have sole and complete discretion over whether to use the Application to receive the leads generated through the Application. If a Third Party Provider accepts a request, the Application notifies you and provides information regarding the Third Party Providers - including its name, vehicle license number, and customer service rating - and the ability to contact the Third Party Providers by telephone. The Application also allows you to view the Third Party Provider's progress towards the pick-up point, in real time.

Uber B.V. shall procure reasonable efforts to bring you into contact with a Third Party Provider in order to obtain Uber Services, subject to the availability of Third Party Providers in or around your location at the moment of your request for  services.

YOU ACKNOWLEDGE AND AGREE FOR THE AVOIDANCE OF DOUBT, THAT, FOR THE PURPOSES OF THE UBER SERVICES, NEITHER UBER BV ITSELF NOR ANY OF ITS AFFILIATES PROVIDE TRANSPORTATION SERVICES OR FUNCTIONS AS A TRANSPORTATION CARRIER OR DELIVERY PARTNER OR LOGISTIC SERVICE PROVIDER AND THAT ALL SUCH SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY UBER ENTITIES .

It is up to the Third Party Provider to offer transportation services or Parcel services, which may be requested through the use of the Application and/or the Service. Uber only acts as an intermediary between you and the Third Party Provider.

Commercial Electronic Messaging

By creating an Account or accessing the Uber Services, you agree that Uber B.V. and/or its affiliates may send you commercial electronic messages (including email, SMS or push notifications, where applicable) as part of the normal business operation of your use of the Uber Services. You agree that Uber B.V. and its affiliates are not required to include an unsubscribe message in commercial electronic messages where it may be impracticable (including for push notifications). However, you may opt-out of receiving commercial electronic messages from Uber B.V. at any time by following the directions found at http://t.uber.com/unsub-preference. You also acknowledge that opting out of receiving commercial electronic messages may impact your use of the Uber Services. You cannot unsubscribe from transactional messages, including trip receipts and support responses. These communications are important for your experience.

Promotional Codes

Uber and / or its affiliates 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 Uber and / or its affiliates establish 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 Uber and / or its affiliates; (iii) may, as permitted by law, be disabled by Uber and / or its affiliates at any time without liability to Uber and / or its affiliates; (iv) may only be used pursuant to the specific terms that Uber and / or its affiliates establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Uber and / or its affiliates reserve 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 Uber and / or its affiliate reasonably determine or believe 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.

User Provided Content

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

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Uber Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Uber Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Uber Services and Applications and any updates thereto. Uber B.V. 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.

Ratings

After completion of an Uber Service, you may be asked to rate your experience and provide feedback regarding the Uber Service (including regarding the Parcel Partner in case of Parcel Services). You agree to provide any such ratings and feedback in good faith. Uber B.V. may use, distribute and display ratings and feedback without attribution or your further approval, and may remove them from the Application in accordance with its Community Guidelines (available at https://www.uber.com/legal/en/document/?name=general-community-guidelines&country=sri-lanka&lang=en).

Confidentiality of Third Party Provider

When you request an Uber Service, you may be provided with identifying information about the Third Party Provider, including their driver/Parcel Partner’s first name, photo, location and vehicle information (“Driver/Parcel Partner Information”). You agree to treat all Driver/Parcel Partner Information as confidential and shall not use, disclose or retain any Driver/Parcel Partner Information for any purpose other than in connection with the Uber Service for which it was provided. You agree not to contact any driver/Parcel Partner after completion of the Uber Service or use such information except solely in connection with an active Uber Service.

4. UBER PARCEL

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

Parcel allows you to request delivery of item(s) (the “Parcel”) from one designated address to another, as specified by you, using the Uber Application, as described below. Parcel Services are made available via the Uber Application, and are subject to the Uber Terms.

Parcel Services

You may place requests for Uber Parcel to deliver Parcels using the Uber Application, via the ‘Parcel’, ‘Parcel Bike’, ‘Tuk Parcel’ or ‘Store Pickup’ request options (“Parcel Services”). Availability may vary depending on your location.

Parcel Services are offered in designated areas as communicated via the Uber Application from time to time (“Parcel Active Area”). Uber B.V. does not guarantee that the Parcel Services will be available in the Parcel Active Area at all times.

If you choose Parcel Services

If you choose the Parcel request option, Parcel Services will be provided by a Third Party Provider. Uber and / or its affiliates shall arrange and schedule certain services with independent Third Party Providers of those services who will collect Parcels from you and deliver those Parcels to your nominated location as part of the Parcel Services. A delivery person of the Third Party Provider (“Parcel Partner”) is not an employee of Uber and / or its affiliates and may delegate to another person to provide such Parcel Services on their behalf.

For each Parcel Service requested, Uber and / or its affiliates will endeavour to connect you with a Parcel Partner for pickup of your Parcels as soon as reasonably possible. Unfortunately, independent factors such as traffic and weather, as well as the actions or inactions of Parcel Partners may cause delays in the provision of delivery of Parcels.

Parcel Tracking

When you request a Parcel Service, you acknowledge and agree that Uber B.V. may use location-based technology to track and share the approximate location of the Parcel Partner with you before and during the delivery of your Parcel. This information is provided to you for your convenience and to enable you to monitor the progress of your Parcel delivery. Uber B.V. does not guarantee the accuracy of the location information displayed in the Application.

Prohibited Items

You may not use or access Parcel Services to send any Prohibited Items (“Prohibited Items”) or any such items as may be prohibited under the applicable laws of Sri Lanka. A list of Prohibited Items is published online by Uber (as updated from time to time). For the current list of Prohibited Items please see here. Uber B.V. and/or its affiliates retain the discretion to prohibit additional items from time to time. It is your responsibility to ensure that you have checked the current list of Prohibited Items each time you use the Parcel Services. Depending on your location, there may be additional Prohibited Items or restrictions on the use of Parcel Services for specific categories of items.

Parcel Restrictions

You must prepare, appropriately package and securely close and seal the Parcel for safe delivery.

Weight and Size limits 

The Parcel, together, per trip, may not be greater than 5 kilograms in weight. You must prepare and securely close and seal the Parcel for safe delivery.

Item Value Limits

For Parcels, you must ensure that the Parcel(s) do not have a total value greater than LKR 14,000.

Refusal or Rejection of Parcel Deliveries

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

Delivery, Redelivery, and Undeliverable Parcels

If a Parcel Partner is not able to complete the delivery for any reason (including, for example, where a Parcel Partner is unable to locate the drop off location and is unable to make contact with you), an attempt will be made to arrange for the return of the Parcel to you by the Parcel Partner.

If the attempt to arrange for the return of the Parcel to you by the Parcel Partner is not successful, you acknowledge and agree that the Parcel may be left at the original pickup location, an alternative location as instructed by you or at the drop off location or safe place near the designated drop off location. To the extent feasible and if requested by you, an attempt may also be made to facilitate an exchange of the undelivered Parcel between you and the Parcel Partner.

You are responsible for the reasonable costs associated with the return, redelivery or disposal of your Parcel. Uber B.V. and/or its affiliates have the right to charge you for the reasonable costs associated with the return, redelivery or disposal of your Parcel using your payment method designated in your Account.

Title and risk

You acknowledge that neither Uber nor its affiliates nor any Parcel Partner takes any title to Parcels.

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

You acknowledge and agree that Parcel Services are available for sending Parcels up to LKR 14,000 in value. The limitations and exclusions set out in section 6 below apply to the use of Parcel Services, including any loss or damage to Parcels provided for delivery.

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

Subject to the limitations and exclusions set out in section 6, if you use the Parcel Services to send food or beverages or other items not otherwise prohibited by these Uber Terms, you assume full responsibility for such items after pickup, including any damage due to temperature sensitivity and/or tampering. You further assume full responsibility for chilling any perishables immediately upon pickup to help maintain the safety and quality of those items.

5. PAYMENT

You understand that use of the Uber Services may result in charges to you for the services you receive from a Third Party Provider (“Charges”). Charges will be inclusive of applicable taxes where required by law.

There also may be certain charges you incur that will be owed and paid directly to Uber and/or its affiliates. For the avoidance of doubt, Uber B.V. does not charge a fee for you to access the Uber Application, but may charge you a fee or other Charge in connection with accessing services from a Third Party Provider such as a fee for support services supplied by Uber B.V.

All Charges are due immediately and payment will be enabled by Uber and/or its affiliates using the preferred payment method designated in your Account (including via digital payment or cash, if enabled).

Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, national, provincial and municipal tolls, airport surcharges and processing fees for split payments, and will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Uber and/or its affiliates.

Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Uber and/or its affiliates will use reasonable efforts to inform you of Charges that may apply, and you will be responsible for Charges incurred under your account regardless of your awareness of such Charges or the amounts thereof. You may elect to cancel your request for 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.

Uber B.V. reserves the right to charge a fee for the use of the Application and/or the Uber Services. If Uber B.V. decides to charge such a fee, Uber B.V. shall inform you accordingly and allow you to either continue or terminate the Uber Terms with respect to you.

The rates that apply for the transportation services by the Third Party Providers can be found through the Application. These may be modified or updated from time to time. It is your own responsibility to remain informed about the current rates for the transportation services.

Uber B.V. and/or its affiliates use a third-party payment processor (the "Payment Processor") to process digital payments. The processing of payments, as applicable, in connection with your use of the Application and Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your debit/credit card issuer (if applicable) in addition to these Uber Terms. Neither Uber B.V. nor its affiliates are responsible for any errors by the Payment Processor. In connection with your use of the Services, Uber B.V. and/or its affiliates will obtain certain transaction details, which Uber B.V. and/or its affiliates will use solely in accordance with its Privacy and Cookie Notice.

Digital Payment

When you pay using a digital payment method, Uber B.V. and/or its affiliates will facilitate your payment of the applicable Charges on behalf of the Third Party Provider. If your primary Account payment method fails (e.g., it is expired, invalid or otherwise not able to be charged), you agree that Uber B.V. and/or its affiliates may use a secondary payment method in your Account, if available. Where required by law, all third party charges include applicable taxes. This digital payment shall be considered the same as payment to the Third Party Provider directly.

Cash Payment

If Uber B.V. and/or its affiliates have enabled the functionality to select cash as a payment method for transactions over the Applications and you select cash as a payment method for a transaction, only cash will be accepted. Neither Uber B.V. nor its affiliates nor the Third Party Provider can accept alternative payments once cash is selected and the service has been completed. If you pay more than the total amount due (an "Overpayment"), you agree that the Third Party Provider is not required to provide cash change.

Receipts

You will receive a receipt via email (unless the Third Party Provider issues it directly).

Refunds

Charges paid by you are final and non-refundable, unless otherwise determined by the Third-Party Provider, Uber B.V. and/or its affiliates, or required under applicable Sri Lankan consumer law. You can find Uber's refund policy on the Uber website.

Changing Third Party Charges

You retain the right to request lower Charges from a Third Party Provider for Uber Services received by you from such Third Party Provider at the time you receive such Uber Services. Uber B.V. and/or its affiliates will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service.

Gratuities

This payment structure is designed to fully compensate the Third Party Provider for the services provided. Uber B.V. and/or its affiliates do not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Uber B.V. and/or its affiliates (on Uber’s website, in the Application, or in Uber’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services provided is not intended to suggest that Uber B.V. and/or its affiliates provide any additional amounts, beyond those described above, 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 obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. 100% of any gratuity or tip you provide is paid directly to the Third Party Provider. Neither Uber B.V. nor its affiliates retain any portion of gratuities.

After you have received the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider. All User Content is subject to the User Generated Content Terms.

Revising Charges

You acknowledge that the Uber B.V. and/or its affiliates may, acting reasonably, establish, remove and/or revise Charges for any or all services obtained through the use of the Uber Services at any time at the direction of the Third Party Provider or otherwise in the Uber B.V. and/or its affiliates’ discretion, including in certain circumstances such as where you choose an additional service that incurs an additional charge. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Uber B.V. and/or its affiliates will use reasonable efforts to ensure Uber B.V. and/or its affiliates inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account.

In addition to above, Uber B.V. and/or its affiliates may, acting reasonably, adjust or cancel Charges applicable to a Parcel Service (or, if the Charges have already been paid, require reimbursement) in the following circumstances: (a) the Parcel Service is not completed (other than as a result of your cancellation under the cancellation provision in these Uber Terms, in which case the cancellation terms shall apply); (b) you have made a complaint regarding the Parcel Partner’s acts or omissions in relation to the Parcel Service; (c) suspected fraudulent activity or misuse of the Parcel Services has been detected; or (d) you have breached the Community Guidelines (available at https://www.uber.com/legal/en/document/?name=general-community-guidelines&country=sri-lanka&lang=en).

Uber B.V. and/or its affiliates’ decision to reduce or cancel Charges under this provision will be exercised in a reasonable manner. Where Uber B.V. and/or its affiliates require reimbursement of Charges already paid, Uber B.V. and/or its affiliates may debit the amount from your designated payment method, deduct the amount from future transactions, or offset the amount against any negative balance on your Account. For the avoidance of doubt, any Charge adjustment under this provision is not a payment of damages and does not reduce or otherwise affect Uber B.V. and/or its affiliates’ liability cap under section 6.

Service Receipts

Uber B.V. and/or its affiliates will provide you with a receipt for each Uber Service, setting out a breakdown of the Charges for that Uber Service. Receipts may include your name, contact information and the route taken by the driver partner (in case of transportation services) or Parcel Partner (in case of Parcel Services). Receipts will be provided to you via email or the Application. Uber B.V. and/or its affiliates will not be liable for any receipt error or incorrect calculation unless you have notified Uber B.V. and/or its affiliates of that error within 3 business days after the completion of the relevant Uber Service.

Promo Codes

Subject to the promotion terms, you acknowledge that Uber B.V. and/or its affiliates may from time to time provide certain users with Promo Codes that may result in different amounts charged for the same or similar services obtained through the use of the Uber Services, and you agree that such Promo Codes are provided to you for no fee, have no monetary value, cannot be redeemed for cash, are not exchangeable or transferable and, unless also made available to you, shall have no bearing on your use of the Uber Services or the Charges applied to you.

Upfront Price Estimates

The third party charges for transportation services or Parcel Services provided by a Third Party Provider may be displayed as a fare estimate before the trip begins (“Upfront Price Estimate”). The Upfront Price Estimate is based on factors like the expected distance, time, traffic conditions, and any applicable fees or surcharges. The Upfront Price Estimate does not include applicable paid wait time.

The Upfront Price Estimate is an estimate only and does not constitute a price guarantee. In certain circumstances, the final fare may vary from the Upfront Price Estimate, such as if the destination changes, additional stops are made, a different route is used or the trip takes much longer than estimated. In such cases, the applicable rates and charges that apply are accessible through the Application. Tolls or surcharges may also vary the fare if they differ from what's estimated.

Underpayments

If you are unable to pay for a transaction in full, the unpaid amount will be recorded as a negative balance in your Account. This can occur if:

● Your chosen payment method fails (e.g., expired, invalid, insufficient funds, or rejected).

● You do not have a secondary payment method.

● The Application malfunctions.

● You lack sufficient cash or an alternative physical payment method.

If applicable, Uber B.V. and/or its affiliates will, from time to time, notify you via the Application of the maximum negative balance permitted on your Account, including at the point of payment for a transaction. If you reach this limit, you will be precluded from booking further Uber Services through the Application until you have settled the negative balance.

Uber B.V. and/or its affiliates may enable you to settle the negative balance by adding such amount to your next transaction effected through the Application (as a separate amount from the Charges for that next transaction).

Cancellations

You may elect to cancel your request for transportation services from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee, subject to Uber B.V.’s cancellation policies.

You may cancel your Parcel Service at any time. If you cancel 5 minutes or more after a Parcel Partner accepts your Parcel Service request, you will be charged a cancellation fee by Uber B.V. and/or its affiliates. If you cancel after the Parcel Partner has collected the Parcel you may be charged reasonable costs for the return of the Parcel to you. For the avoidance of doubt, any cancellation charges under this provision are separate from, and not subject to, any Charge adjustment under the Parcel Service Charge Adjustments provision in these Uber Terms.

If a Third Party Provider has not yet accepted your request, you can cancel at any time without incurring a charge.

If the transportation services or Parcel Services are cancelled for any reason not attributed to you in accordance with Uber B.V. and/or its affiliates’ cancellation policies, you will be entitled to a refund for any charges paid. If a Third Party Provider has not yet accepted your request, you can cancel at any time without incurring a charge.

Uber B.V. and/or its affiliates may, in their sole discretion, waive in part or full, an applicable cancellation charge in relation to services from a Third Party Provider in certain circumstances.

A request for any such waiver must be made via Uber and/or its affiliates’ customer support service.

Nothing in this section is intended to limit your rights as a consumer, including your entitlement to a refund or other applicable remedies, under the Consumer Affairs Authority Act No. 9 of 2003.

Repair or Cleaning Fees

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Uber Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Uber B.V. and/or its affiliates in Uber B.V. and/or its affiliates ’s reasonable discretion, Uber B.V. and/or its affiliates 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 B.V. and/or its affiliates to the applicable Third Party Provider and are non-refundable.

6. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY

Limitation Subject to Local Consumer Law

The limitations and disclaimer in this section 6 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law, including the Consumer Affairs Authority Act No. 9 of 2003.

Application to Uber B.V. and/or its affiliates

The limitations and disclaimer in this section 6 apply to the liability of Uber B.V., Uber Lanka and their affiliates under these Uber Terms, including in relation to any of the Uber Services.

DISCLAIMER

Except as required of Uber B.V. and/or its affiliates under applicable consumer law, the Uber Services are provided “as is” and “as available”. Uber B.V. and/or 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 requested by you or on your behalf through the use of the Uber Services, or that the Uber Services will be uninterrupted or error-free. Uber B.V. and/or 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 requested by you or on your behalf through the use of the Uber Services, remains solely with you, to the maximum extent permitted under applicable law, including the Consumer Affairs Authority Act No. 9 of 2003.

Liability

Limitation of Liability

If you are acquiring the services as a consumer, Uber B.V. and/or its affiliates' liability for a failure to comply with applicable consumer laws is limited to, in the case of services supplied to you as part of the Uber Services, the supply of the relevant services again, or the payment of the cost of resupplying the services.

The information, recommendations and/or services provided to you on or through the website, the Service and the Application is for general information purposes only and does not constitute advice. Uber B.V. will reasonably keep the website and the Application and its contents correct and up to date but does not guarantee that (the contents of) the website and/or Application are free of errors, defects, malware and viruses or that the website and/or Application are correct, up to date and accurate.

Neither Uber B.V. nor its affiliates shall be liable for any damages resulting from the use of (or inability to use) the website or Application (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the website or Application, unless such damage is the result of any wilful misconduct or from gross negligence on the part of Uber B.V. and/or its affiliates.

Neither Uber B.V. nor its affiliates shall further be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the website or the Application, including - but not limited to - damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

Without prejudice to the foregoing, and insofar as allowed under applicable law, in no event shall Uber B.V. and/or its affiliates' or their affiliates’ total combined liability to you in connection with (i) the Uber Services for all damages, losses and causes of action (whether in contract, in tort (including negligence), in equity, by operation of law or otherwise) exceed one hundred and eighty thousand Sri Lankan Rupees (LKR 180,000); and (ii) Parcel Services for all damages, losses and causes of action (whether in contract, in tort (including negligence), in equity, by operation of law or otherwise) exceed ten thousand Sri Lankan Rupees (LKR 10,000) plus the value of the Parcel Services you requested at the relevant time.

Exclusion of Liability

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

To the maximum extent permitted by law, the parties agree that the provisions of any applicable Sri Lankan legislation governing contracts for carriage shall not apply to this agreement or the Parcel Services to the extent permitted by law.

Third Party Services

Uber Services may be used by you to request and schedule transportation from Third Party Providers or delivery of Parcels from Third Party Providers, but you agree that neither Uber B.V. nor its affiliates has responsibility or liability to you related to any transportation, or delivery provided to you by Third Party Providers other than as expressly set forth in these Uber Terms.

Complaints

Uber B.V. will maintain a complaints management mechanism, and will manage complaints for Uber B.V., and on behalf of Third Party Providers, in a reasonable way.

Indemnity

You agree to indemnify and hold Uber B.V., Uber Lanka, their 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 B.V.’s use of your User Generated Content; or (iv) in respect of your use or access to Parcel and your use of the Parcel Services, arising out of or in connection with any loss or damage to property, any injury, illness or death to any person, any mis-delivery including delivery otherwise than to the addressee, delayed delivery, early delivery or failure to deliver or any other loss or damage of any kind caused by (1) your fraudulent, negligent or unlawful act or omission; or (2) your breach or violation of any of these Uber Terms; or (v) your violation of the rights of any third party, including Third Party Providers (“Losses”).

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

7. GOVERNING LAW; DISPUTE RESOLUTION

There are a number of mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Uber Services or these Uber Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”). Uber B.V. operates a complaints process to allow you to make complaints about Uber B.V. or Third Party Providers, and Uber B.V. and/or its affiliates also manages refunds to you in relation to those complaints. Uber B.V. will operate this complaints process in a reasonable manner. In addition, you may have rights to make a complaint to fair trading or consumer law bodies in relation to applicable consumer laws.

Except as otherwise set forth in these Uber Terms, these Uber Terms shall be subject to the laws of Sri Lanka. In case any Dispute arises out of any matter relating to these terms, the disputing parties shall first attempt in good faith to reach a settlement through confidential negotiation by their appointed representatives. If the disputing parties are unable to amicably resolve the Dispute within 15 (fifteen) days, the Dispute shall be determined through arbitration by a sole arbitrator to be mutually appointed by the disputing parties and in accordance with the provisions of the Arbitration Act No. 11 of 1995, as may be amended from time to time. The seat and venue of such arbitration proceedings shall be Colombo, Sri Lanka and the arbitration shall be conducted in the English language. Subject to the foregoing, the competent courts in Colombo, Sri Lanka shall have exclusive jurisdiction.

Any proceedings, including documents and briefs submitted by the parties, correspondence from a mediator, and correspondence, order and awards issued by an arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation set out in these Uber Terms.

8. LICENSE GRANT AND COPYRIGHT POLICY

For the purpose of these Uber Terms, the following definitions apply:

"Content" means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.

"Uber Content" means Content owned or used by Uber B.V., its affiliates or licensors and made available through the website, Service or Application, including any Content licensed from a third party, but excluding User Content.

"User" means a person who accesses or uses the Service or Application.

"User Content" means Content that a User posts, uploads, publishes, submits or transmits to be made available on the website or through the Service or Application. All User Content is subject to the User Generated Content Terms.

"Collective Content" means, collectively, Uber Content and User Content.

Subject to your compliance with these Uber Terms, Uber B.V. grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any Uber Content solely for your personal and non-commercial purposes; and (ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes.

You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the website, Service, Application or Collective Content, except as expressly permitted in these Uber Terms. You may not reuse any Collective Content without first obtaining the written consent of Uber B.V. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Uber B.V. or its licensors, except for the licenses and rights expressly granted in these Uber Terms.

License Granted by User

We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the website or through the Service or Application. User Content will be deemed non-confidential and non-proprietary. Accordingly, Uber B.V. shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium and throughout the world ("License Grant").

You acknowledge that Uber B.V. only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. Uber B.V. shall not be continuously monitoring User Content published by you or moderating between Users, nor shall Uber B.V. be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of Uber B.V.

Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.

You agree to indemnify and keep Uber B.V., its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Uber B.V. or its affiliated companies related to any User Content posted or transmitted by you or your other use of the website, the Service or the Application.

Uber B.V. reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which Uber B.V. believes is not in accordance with these Uber Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Uber B.V.

You agree to promptly notify Uber B.V. in writing of any User Content which breaches these Uber Terms. You agree to provide to Uber B.V. sufficient information to enable Uber B.V. to investigate whether such User Content breaches these Uber Terms. Uber B.V. agrees to make good faith efforts to investigate such complaints and shall take such action as Uber B.V. in its sole discretion decides. However, Uber B.V. does not warrant or represent that it will block or remove (in whole or in part) such user Content.

9. Restrictions

By using the Application or Uber Services, you agree and acknowledge that you shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the website, the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the website, the Application or Service or its related systems or networks.

Uber B.V. will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Uber B.V. may involve and cooperate with law enforcement authorities in prosecuting users who violate these Uber Terms. You acknowledge that Uber B.V. has no obligation to monitor your access to or use of the website, Service, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the website, the Application and Service, to ensure your compliance with these Uber Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Uber B.V. reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Uber B.V., at its sole discretion, considers to be in violation of these Uber Terms or otherwise harmful to the website, the Service or Application.

10. OTHER PROVISIONS

Claims of Copyright Infringement

Uber B.V. respects copyright law and expects its users to do the same. It is Uber B.V.’s policy to terminate in appropriate circumstances Users or other account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders. Please see Uber’s Copyright Policy at www.uber.com/legal/copyright, for further information.

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.

Intellectual Property Ownership

Uber B.V. alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the website, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the website, Application or the Service.

These Uber Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the website, the Application or the Service, or any intellectual property rights owned by Uber B.V. Uber’s name, logo, and the product names associated with the Application and Service are trademarks of Uber B.V., its affiliated companies or third parties, and no right or license is granted to use them.

Notice

Uber B.V. may give notice by means of a general notice on the Uber B.V.’s application or website, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Uber B.V. by written communication to Uber B.V.’s address at Burgerweeshuispad 301, 1076 HR, Amsterdam, the Netherlands.

App Stores

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

General

You may not assign or transfer these Uber Terms in whole or in part without Uber B.V.’s prior written approval. You give your approval to Uber B.V. 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 B.V.’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Uber B.V. or any Third Party Provider as a result of the contract between you and Uber B.V. 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”.

Final provision

The English text of these Uber Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.

Uber Portier B.V. and Uber Lanka Private Limited – Terms and Conditions for Uber Delivery & Marketplace – Sri Lanka

1. CONTRACTUAL RELATIONSHIP

These terms of use ("Uber Eats Terms") govern the access or use by you ("you"), an individual, from within Sri Lanka of applications (including the Uber Eats App), websites, content, and services (collectively, the "App") for the purposes of using the Uber Eats platform (the "Uber Portier Services''), made available by Uber Portier B.V., a private limited liability company established in the Netherlands, having its offices at Burgerweeshuispad 301, 1076 HR, Amsterdam, the Netherlands, registered at The Netherlands Chamber of Commerce under number 65851307 ("Uber Portier"), along with delivery services ("Uber Delivery Services") and marketplace services ("Uber Marketplace Services") provided to you by Uber Lanka Private Limited, a company registered in Sri Lanka, having its offices at Level 02, Devi Building, No. 142, Bauddhaloka Mawatha, Colombo-04, Sri Lanka ("Uber Lanka").

In these Uber Eats Terms, Uber Portier and Uber Lanka are collectively referred to as "Uber".

Scope of these Uber Eats Terms

These Uber Eats Terms apply to:

(i) Uber Portier Services by Uber Portier that enable your access and use of the App;

(ii) Uber Delivery Services and Uber Marketplace Services (together, the "Uber Lanka Services") provided by Uber Lanka, which are offered to you via an Uber-branded application or website made available by Uber Portier in the following manner:

(a) Uber Delivery Services include delivery services provided by Uber Lanka when you use Uber Eats, but do not include third party delivery services provided by merchants or restaurants.

(b) Uber Marketplace Services include order processing services provided by Uber Lanka to place an order for you and for Pickup Requests.

The Uber Portier Services and Uber Lanka Services (collectively, "Uber Eats Services") provided by Uber Portier and Uber Lanka under these Uber Eats Terms do not include any of the services provided by Uber under the Uber B.V. – Terms and Conditions.

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

Uber Eats allows you to place orders for food, beverages or other items ("Items") and request the delivery of those Items by Uber Lanka or place a Pickup Request from a Merchant or other third party registered with Uber, using the Uber Eats mobile and web-based applications and other interfaces offered by Uber ("Uber Eats App") as described in these Uber Eats Terms.

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

Your contractual relationship with Uber Portier and Uber Lanka is separate to your contractual relationship with Uber B.V. under the Uber BV 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 BV Terms.

Supplemental terms

Supplemental terms may apply to certain Uber Eats Services, such as policies for a particular event, activity or promotion, or a particular category of Uber Eats Services. Supplemental terms will be provided to you in connection with the applicable Uber Eats App 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 Uber Eats Services. Supplemental terms shall prevail over these Uber Eats Terms in the event of a conflict with respect to the applicable Uber Eats App Services.

Amendments

Uber may amend the Uber Eats Terms and any supplemental terms or policies related to the Uber Eats Services from time to time. 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 Uber Eats Services or at this location (as the case may be). Your continued access or use of the Uber Eats Services after such posting constitutes your consent to be bound by the Uber Eats Terms, policies and supplemental terms, as amended.

Termination or restriction of the Uber Eats Services

Uber may restrict you from accessing or using the Uber Eats Services, or any part of them, immediately, or terminate these Uber Eats Terms or any Uber Eats Services with respect to you, or generally cease offering or deny access to the Uber Eats Services or any portion thereof without notice, in circumstances where Uber reasonably suspects that:

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

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

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

Uber, acting reasonably, may terminate these Uber Eats Terms or any Uber Eats Services for any legitimate business, legal or regulatory reason, by giving 30 days’ written notice to you.

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

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

Privacy

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

2. THE UBER DELIVERY SERVICES

Uber Lanka will provide the Uber Lanka Services to you in accordance with these Uber Eats Terms. The Uber Eats Services constitute the provision of a technology platform that enables you, as a user of Uber Eats App to access following services:

1. Uber Portier Services which allows you to access and use the App;
2. Uber Lanka Services which allows you to place orders for Items (as defined below) and request delivery of those Items, as set out in section 3of these Uber Eats Terms;
3. Uber Lanka Services also allow you to place a pickup request which enables you to place and pay for an order through the Uber Eats App, and subsequently collect the ordered items directly from the Merchant's designated location ("Pickup Request"). Under the Pickup Request option, no delivery services are provided by Uber, and you are responsible for retrieving the order from the Merchant on your own;
4. any other delivery services provided to you by Uber Lanka from time to time (other than Parcel Services set out in the Uber BV Terms), as set out in applicable supplemental terms.

The Uber Lanka Services are made available solely for your personal, non-commercial use, unless Uber Lanka has agreed with you otherwise in a separate agreement. You acknowledge that all Uber Lanka Services will be provided by Uber Lanka.

Uber Lanka accepts liability for delivery services provided by it in accordance with these Uber Eats Terms. Merchants are solely responsible for the goods they provide to you (including the provision of items by that Merchant).

Uber Lanka Services are offered in designated regional areas as communicated via the Uber Eats App from time to time ("Delivery Service Area''). Uber Lanka does not guarantee that the Delivery Services will be available in the Delivery Service Areas at all times.

3. YOUR USE OF THE UBER EATS SERVICES

Uber Eats Services

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

Uber Delivery Services and Pickup Request

Once you have been provided access to the Uber Eats platform by Uber Portier (in its capacity as licensor of the Uber branded applications and websites), you may place orders for Items using the Uber Eats App.

You may also be able to place orders via the Uber Eats App provided by Uber Portier (in its capacity as licensor of the Uber branded applications and websites) that do not require Uber Delivery Services, such as Pickup Request. The Uber Eats Terms between you, Uber Lanka and Uber Portier (in its capacity as licensor of the Uber branded applications and websites) apply to the sale and purchase of any items provided by the Merchant or by third party providers for a Pickup Request.

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

If you choose Uber Delivery Services

If you choose Uber Delivery Services, such services will be provided by Uber Lanka and you will be charged by Uber Lanka for the Uber Delivery Services. Uber Lanka may subcontract a "Delivery Person" to undertake the Uber Delivery Services. A Delivery Person is not an employee of Uber Lanka 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.

Uber Portier through the App will give you an estimated range of how long the delivery will take before you place the order. For each delivery provided under the Uber Delivery Service, Uber Lanka will endeavour to ensure that your Items are delivered to you as soon as reasonably possible. Unfortunately, independent factors such as traffic and weather, as well as the actions or inactions of third parties may cause delays in the provision of Uber Delivery Services.

If you choose Pickup

If you place a Pickup Request you will be notified when the Merchant accepts the order, the estimated time the order will be ready, and when the order is ready for pickup by you. Once your order is confirmed by the Merchant, you will be charged.

Please ensure that you pick up your order from the Merchant at the scheduled time the order is ready. If the order is not picked up by the scheduled time, Merchant reserves the right to deem such order as completed.

The Merchant is solely responsible for the quality, safety and suitability of the items it provides to you for any order placed under Pickup Request.

Title and risk

You acknowledge that neither Uber Lanka nor its affiliates nor any Delivery Person takes any title to Items under Uber Lanka Services.

Ratings

After you have received services or goods obtained through the Uber Eats Services, you will have the opportunity to rate your experience and leave additional feedback about the Delivery Person.

After completion of an Uber Lanka Service, you may be asked to rate your experience and provide feedback regarding the Uber Lanka Service (including regarding the Delivery). You agree to provide any such ratings and feedback in good faith. Uber may use, distribute and display ratings and feedback without attribution or your further approval, and may remove them from the Application in accordance with its Community Guidelines (available at https://www.uber.com/legal/en/document/?name=general-community-guidelines&country=sri-lanka&lang=en).

4. GENERAL

User Accounts

To use the Uber Eats 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"). 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 Lanka Services.

User Requirements and Conduct

The Uber Eats Services are not available for use by persons under the age of 18. You may only use the Uber Eats Services or download the Uber Eats App for your sole, personal use and will not resell it to a third party. You may not allow persons under the age of 18 to receive Uber Eats Services unless permitted by you, and you agree to take full responsibility for their acts or omissions. You agree to comply with all applicable laws when accessing or using the Uber Eats Services, and you may only access or use the Uber Eats Services for lawful purposes (e.g., no transport of unlawful or hazardous materials nor sending or storing any unlawful material) and in accordance with these Uber Eats Terms. You will not, in your use of the Uber Eats Services, cause nuisance, annoyance, inconvenience, or property damage, whether to Uber Portier, Uber Lanka, a Delivery Person or any other party, including Uber Lanka, its affiliates (including Uber Portier (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 Uber Lanka with the correct delivery address and ensuring that the delivery location can be accessed safely, and agree that the Uber Delivery Services may not be completed if you have provided the incorrect delivery address or the delivery location cannot be safely accessed. By using the Uber Eats App or Uber Eats Services, you agree that: (i) you will not impair the proper operation of the network; (ii) you will not try to harm the Uber Eats Service or Uber Eats App in any way whatsoever; and (iii) you will not copy, or distribute the Uber Eats App or other Uber Content without written permission from Uber Portier. You must keep secure and confidential your account password or any identification we provide you which allows access to the Uber Eats Service and the Uber Eats App.

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

5. PAYMENT

This part sets out the payment provisions applicable to the Uber Lanka Services provided by Uber Lanka 

Uber Eats Charges

You understand that use of the Uber Lanka Services may result in charges to you for the services you receive from Uber Lanka in accordance with these Uber Eats Terms ("Uber Eats Charges"). In addition, your use of Uber Eats will result in charges for the Items and any services you receive from a Merchant, if any ("Merchant Charges").

The Uber Eats Charge may vary based on several factors (including demand and supply of Delivery Persons, distance and time of delivery, variable fees etc), but you will always see the Uber Eats Charges upfront so you can decide whether you would like to proceed with the order. Each Merchant has the discretion on how much they want to charge for their items and the offers provided to you on the App, which may vary from what you see when you visit the Merchant.

Uber Lanka uses a third-party payment processor (the "Payment Processor") to process digital payments. The processing of payments, as applicable, in connection with your use of the Uber Eats App and Uber Eats Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Uber Eats Terms. Uber is not responsible for any errors by the Payment Processor. In connection with your use of the Uber Eats Services, Uber Lanka will obtain certain transaction details, which Uber will use solely in accordance with its Privacy and Cookie Notice.

General Payment Terms

You agree to pay Uber Lanka the applicable Uber Eats Charges and are responsible for paying all Uber Eats Charges incurred under your Account. Uber Eats Charges are in Sri Lankan Rupees and are exclusive of applicable indirect taxes which will be charged separately by Uber Lanka. Uber Eats Charges paid by you are final and non-refundable, unless otherwise determined by Uber Lanka or required by applicable law.

All Uber Eats Charges are due immediately and payable to Uber Lanka using the preferred payment method designated in your Account, after which you will be sent a receipt by email, and such receipts would be available in your App as well. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Uber Lanka may use a secondary payment method in your Account, if available.

Uber Lanka will charge you on the basis of the Uber Eats Charges communicated to you via the Uber Eats App or Uber App before you place your order for any Uber Lanka Services. Uber Lanka may, acting reasonably, establish, remove and/or revise Uber Eats Charges for any or all Uber Lanka Services at any time, including in certain circumstances such as where you change your delivery address or you choose a service that incurs an additional charge. In these cases, Uber Lanka 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.

Promotional Codes

You acknowledge that Uber Lanka may, in its sole discretion, create promotional codes that may provide discounts or other features or benefits related to the Uber Lanka Services, subject to any additional terms that Uber Lanka establishes on a per promotional code basis ("Uber Lanka Promo Codes"). You agree that Uber Lanka 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 Uber Lanka; (iii) may, as permitted by law, be disabled by Uber Lanka at any time without liability to Uber Lanka; (iv) may only be used pursuant to the specific terms that Uber Lanka establishes for such Uber Lanka Promo Code; (v) may expire prior to your use.

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

Uber Lanka reserves the right to withhold or deduct discounts or other features or benefits obtained through the use of Uber Lanka Promo Codes by you or any other user in the event that Uber Lanka reasonably determines or believes that the use or redemption of the Uber Lanka Promo Code was in error, fraudulent, illegal, or in violation of the applicable Uber Lanka Promo Code terms or these Uber Eats Terms. This section does not apply to promotional codes for services provided by any entity other than the Uber Portier or Uber Lanka.

Gratuities

You understand and agree that, while you are free to provide gratuities to any Delivery Person who is subcontracted to provide you with services obtained through the Uber Lanka Services, you are under no obligation to do so. Gratuities are voluntary. 100% of any gratuity or tip you provide is paid directly to the Delivery Person. Uber does not retain any portion of such gratuities.

Cancellations and Refunds for Uber Eats Services

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

If you purchase Items from a Merchant (other than a Merchant who sells Non-Restaurant Food Items) through Pickup Request or Uber Delivery Services from Uber Lanka, you may cancel your order at any time. If a Merchant or the relevant store (for Pickup Requests) has not yet accepted your order, you can cancel at any time without incurring a charge. If you cancel an order after it has been accepted by the Merchant or store , you will incur a cancellation 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 any Uber Delivery Services in accordance with these Uber Eats Terms.

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

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

If any Uber Lanka Services fail or are cancelled for reasons that Uber Lanka 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 Eats Terms, and the full price for any Uber Delivery Services or Marketplace Services (as applicable) in accordance with these Uber Eats Terms.

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

If you have other issues with any Uber Eats Services, Uber will manage your complaint in accordance with the complaints process set out in section 7. Subject to applicable Sri Lankan law, Uber Lanka will provide refunds for Uber Lanka Services at its discretion, acting reasonably.

If you have other issues with Items provided by a Merchant, please see section 7 (‘Governing Law; Dispute Resolution’).

6. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY

This part sets out the liability position of Uber Portier and Uber Lanka in relation to the provision of any Uber Eats Services.

Limitation Subject to Local Consumer Law

The limitations and disclaimer in this section 6 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law, including the Consumer Affairs Authority Act No. 9 of 2003.

Application to Uber Portier, Uber Lanka and their affiliates

The limitations and disclaimer in this section 6 apply to the liability of Uber Portier, Uber Lanka and their affiliates under these Uber Eats Terms, including in relation to any of the Uber Eats Services. Neither Uber Portier, Uber Lanka nor any of their affiliates will be liable under or in connection with these Uber Eats Terms for any Uber Eats Services.

DISCLAIMER

Except as required of Uber Portier, Uber Lanka and their affiliates under applicable consumer laws, the Uber Eats Services are provided "as is" and "as available". Uber Portier, Uber Lanka 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 Uber Lanka Services or any goods delivered through the use of the Uber Eats Services, or that the Uber Eats Services will be uninterrupted or error-free. You agree that the entire risk arising out of your use of the Uber Eats Services, and any service or good delivered in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

Liability

Limitation of Liability

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

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

(A) Limitation of Liability

Subject to ‘limited inclusions’ below, but otherwise notwithstanding anything else in this section 6 and to the maximum extent permitted by law, in no event shall Uber Portier’s, Uber Lanka’s or their affiliate‘s total liability to you in connection with the Uber Eats Services for all damages, losses and causes (whether in contract, in tort (including negligence), in equity, by operation of law or otherwise) exceed the aggregate value of the specific items plus the value of the Uber Eats Services you requested at the relevant time.

(B) Exclusion of Liability

Uber and / or its affiliates’ liability to you for a breach of any condition, warranty or term of these Uber Eats Terms that is not a breach of applicable consumer laws is also limited in the following way: Uber and its affiliates shall not be liable for:

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

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

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

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

To the maximum extent permitted by law, the parties agree that the provisions of any applicable Sri Lankan legislation governing contracts for carriage shall not apply to Uber Eats Terms to the extent permitted by law.

(C) Limited Inclusions

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

Complaints

Uber shall maintain a complaints management process through which users may submit complaints regarding Uber Eats Services. Uber shall review and respond to such complaints in a reasonable manner and shall use commercially reasonable efforts to resolve complaints fairly and efficiently.

Indemnity

You agree to indemnify and hold Uber Portier, Uber Lanka and their affiliates and their officers, directors, employees, agents and contractors (including Delivery Persons) harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable attorneys’ fees) ("Losses") arising out of or in connection with: (i) your use of the Uber Eats Services or services or goods obtained through your use of the Uber Eats Services; (ii) your breach or violation of any of these Uber Eats Terms; or (iii) your violation of the rights of any third party.

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

7. GOVERNING LAW; DISPUTE RESOLUTION

There are a number of mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Uber Eats Services or these Uber Eats Terms, including those relating to its validity, its construction or its enforceability (any "Dispute"). Uber Portier, Uber Lanka or their affiliate operate a complaints process to allow you to make complaints about Uber Portier and Uber Lanka. Uber Lanka manages refunds to you in relation to those complaints. Uber Portier, Uber Lanka or their affiliate will operate this complaints process in a reasonable manner. In addition, you may have rights to make a complaint to fair trading or consumer law bodies in relation to applicable consumer laws.

Except as otherwise set forth in these Uber Eats Terms, these Uber Eats Terms shall be subject to the laws of Sri Lanka. In case any Dispute arises out of any matter relating to these terms, the disputing parties shall first attempt in good faith to reach a settlement through confidential negotiation by their appointed representatives. If the disputing parties are unable to amicably resolve the Dispute within 15 (fifteen) days, the Dispute shall be determined through arbitration by a sole arbitrator to be mutually appointed by the disputing parties and in accordance with the provisions of the Arbitration Act No. 11 of 1995, as may be amended from time to time. The seat and venue of such arbitration proceedings shall be Colombo, Sri Lanka and the arbitration shall be conducted in the English language. Subject to the foregoing, the competent courts in Colombo, Sri Lanka shall have exclusive jurisdiction.

Any proceedings, including documents and briefs submitted by the parties, correspondence from a mediator, and correspondence, order and awards issued by an arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation set out in these Uber Eats Terms.

8. OTHER PROVISIONS

Claims of Copyright Infringement

Uber Portier respects copyright law and expects its users to do the same. It is Uber ’s policy to terminate in appropriate circumstances Users or other account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders. Please see Uber’s Copyright Policy at www.uber.com/legal/copyright, for further information.

Claims of copyright infringement should be sent to Uber’s designated agent. Please visit Uber’s web page at https://www.uber.com/legal for the designated address and additional information.

Notice

Uber may give notice by means of a general notice on the Uber application or website (facilitated by Uber Portier (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 Uber by written communication to Uber Lanka’s address at Level 02, Devi Building, No. 142, Bauddhaloka Mawatha, Colombo-04, Sri Lanka.

General

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

Final provision

The English text of these Uber Eats Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.