SUPPLEMENTAL TERMS - UBER COURIER (ROMANIA)
1. Contractual Relationship.
These Uber Courier Terms and Conditions (“Courier Terms”) govern your access and use of applications, websites, content, products, and services (the “ Services”) made available by Uber B.V., a private limited liability company established in the Netherlands, having its offices at Burgerweeshuispad 301, 1076 HR, Amsterdam, the Netherlands (“Uber”) that enable you to arrange and schedule the delivery of package(s) (the “Package(s)”) to a designated address by independent third party providers of delivery services who have an agreement with Uber or its affiliates (“Third Party Providers”), (collectively, “Uber Courier”).
These Courier Terms are supplemental terms to the Romanian General Terms of Use (“Terms”). This means where you choose to use Uber Courier to request delivery services from Third Party Providers, the following applies to your use and access of Uber Courier:
- these Courier Terms; and
- except as modified by the Courier Terms, the Terms (Together, the “Courier Terms of Use”).
Please read the Courier Terms of Use carefully prior to accessing and using the Services. Your agreement to the Courier Terms establishes a contractual relationship between you and Uber. We may change these Courier Terms from time to time. We will inform you of changes within a reasonable time period. You will be bound by such changes upon their notification to you. If you do not agree with these changes, you are free to stop using Uber Courier. Capitalized terms used in the Courier Terms but not defined in the Courier Terms shall have the meanings ascribed to them in the Terms.
You acknowledge that the services regulated by this Supplemental Addendum are not under the scope of the Government Emergency Ordinance 49/2019 on alternative transport, neither these Services are universal postal service. These are additional services offered on the Uber platform to You.
By accessing or using Uber Courier, you confirm your agreement to be bound by the Courier Terms of Use. If you do not agree to the Courier Terms of Use, you may not access or use Uber Courier.
2. Access and Use of Uber Courier.
2.1. This section sets out rights and obligations that apply to your use of Uber Courier. These terms apply in addition to any other rights or obligations set out in the Terms.
2.2. User Requirements. You may not authorize third parties to use your Account to access and use Uber Courier. You agree to comply with all applicable laws when accessing or using Uber Courier, and you may only access or use Uber Courier for lawful purposes.
2.3. Restricted Items. You may not use or access Uber Courier or use the delivery services provided by Third Party Providers to send any Restricted Items (“Restricted Items”). The list of Restricted Items includes, but is not restricted to: (i) Illegal items; (ii) Firearms, weaponry, and their parts; (iii) Alcohol; (iv) Highly perishable food or beverages (e.g., raw meat or dairy products), pharmaceutical products, over-the-counter medications, vitamins or supplements; (v) Recreational drugs, drug paraphernalia, or tobacco products; (vi) Money, gift cards, lottery tickets or transferable securities; (vii) Dangerous or hazardous items, including explosives, items that are poisonous or flammable, medical waste and other dangerous or hazardous items as described in the applicable regulations; (viii) Stolen goods and; (ix) Fragile items. Uber retains the discretion to prohibit additional items from time to time. It is your responsibility to ensure that you have checked the current list of Restricted Items each time you use the Uber Courier request option.
2.4. Package Restrictions. The Package(s), together, per trip, (i) may not be greater than fifteen (15) kg, (ii) must not be transported with a vehicle that exceeds 2.5 tonnes, and (iii) may not have a total value greater than five hundred (500) LEI. You must prepare and securely close and seal the Package(s) for safe delivery.
2.5. Refusal or Rejection of Deliveries. You acknowledge and agree that the Packages are delivered at your request by the Third Party Providers. Uber does not deliver the Packages. When you order the delivery of a Package by Third Party Providers through our Services, you are entering into a contract with a Third Party Provider. The Third Party Providers are free to accept, refuse to pick up or deliver the Package(s) or cancel the delivery of the Package(s) after acceptance for any reason. The Third Party Provider and everyone who signs up to an Uber account are bound by the Community Guidelines available here. If you cancel your request, Uber will charge you a cancellation fee in accordance with Uber's cancellation policies.
2.6. Delivery, Redelivery, and Undelivered Packages. If the Third Party Provider is not able to complete the delivery for example, because the Third Party Provider is unable to locate the delivery location and is unable to make contact with you, the Third Party Provider may attempt to arrange for the return of the Package to you. If the Third Party Provider is not able to return the Package to you, you acknowledge and agree that the Package may be left at the original pickup location, an alternative location as instructed by you, an Uber Greenlight Hub (if that option is made available in the particular market), or at the delivery location or safe place near the delivery location as agreed between you and the Third Party Provider. To the extent feasible and if requested by you, the Services will reasonably permit you to rearrange the delivery with Third Party Providers or facilitate the exchange of the undelivered Package between you and the Third Party Providers. You are responsible for the reasonable costs associated with the return, redelivery or disposal of your Package, except where the return, redelivery or disposal arises from any fraudulent, unlawful or negligent act or omission by the Third Party Provider or in case of total or partial non-performance by the Third Party Provider which was not caused by your action or omission. Uber reserves the right to facilitate payment for the reasonable costs associated with the return, redelivery or disposal of your Package on behalf of the Third Party Provider using any of your payment methods designated in your Account. Such amounts will be transferred by Uber to the applicable Third Party Provider.
2.7. Loss or Damages. Third Party Providers are not liable to you or any other person for any loss or damage arising, or that may be suffered, in connection with the provision of the delivery except to the extent that any loss or damage arises from any fraudulent, unlawful or negligent act or omission by the Third Party Provider or the Third Party Provider’s total or partial non-performance which was not caused by you.
3. Payment. The charges for delivery of the Packages in accordance with the Courier Terms of Use will be presented to you in the Application and/or Website you use to access Uber Courier. Uber reserves the right to facilitate payment for the reasonable charges associated with the delivery, return, redelivery or disposal of your Package on behalf of the Third Party Provider using any of your payment methods designated in your Account. Such amounts will be transferred by Uber to the applicable Third Party Provider. Unless otherwise specified by Uber, you acknowledge and agree that payment for delivery transactions may only be made by you using a digital or electronic payment method on file. For the avoidance of doubt cash payments are not accepted.
4. Limitation of Liability; Indemnity.
4.1. Nothing in these Courier Terms limits and excludes any liability which cannot legally be limited or excluded, including liability for death or personal injury caused by negligence and liability for fraud or fraudulent misrepresentation or alter your rights as a consumer that cannot be excluded under applicable law.
4.2. Uber does not maintain insurance for loss, damage, or theft in respect of the Packages or delivery provided by Third Party Providers in connection with Uber Courier. You should contact an insurance agent or broker if insurance coverage is desired in connection with the Package(s) or your use of Uber Courier.
4.3. If you use Uber Courier to arrange delivery of Package(s) not prohibited under these Courier Terms, you assume full responsibility for such Package(s) after delivery, including any damage due to temperature sensitivity and/or tampering.
4.4. Uber is not liable under or in relation to these Courier Terms including, but not limited to, liability in contract, tort (including negligence, misrepresentation), restitution or otherwise for any of the following connected to the use of Uber Courier: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of use or corruption of software, data or information; (vi) loss of or damage to goodwill, (vii) indirect or consequential loss and (viii) Loss, theft, tampering or delay in regards to the Packages that you send using Uber Courier.
4.5. Uber is not liable for: (i) damages or losses arising from any transaction between you and a Third Party Provider; or (ii) the availability of the services provided by the Third Party Provider.
4.6. Uber is not liable for delay or failure in performance resulting from causes beyond our reasonable control.
4.7. Uber’s total liability to you for usage of Uber Courier (and not in relation to any other arrangements between us for which the liability arrangements are governed by way of separate agreement) shall not exceed five hundred (500) LEI.
4.8. To the extent permitted by law, we exclude all warranties and disclaim all liability for any act or omission by you or any third party.
4.9. In addition to any indemnity provided in the Terms, in respect of your use or access to Uber Courier and your use of delivery services provided by Third Party Providers, you agree to indemnify and hold Uber and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with any loss or damage to property, any injury, illness or death to any person, misdelivery including delivery otherwise than to the addressee, delayed delivery, early delivery or failure to deliver or any other loss or damage of any kind caused by your fraudulent, negligent or unlawful act or omission, or any failure by you to comply with the Courier Terms.
5. Termination. You acknowledge and agree that Uber Courier will be made available by Uber on a temporary basis. Accordingly, and unless terminated earlier in connection with the Terms or the Courier Terms, Uber may, in its sole discretion, terminate these Courier Terms or discontinue Uber Courier at any time by giving you reasonable 15 days advance notice in writing.
6. Privacy. Where applicable, you confirm that you have obtained consent from the recipient to share their address details with Uber, and that their personal data will be processed in accordance with our Privacy Notice here.
7. Dispute Resolution Process. Uber may make available to users acting as consumers a mediation scheme for consumer disputes related to the Services or these Courier Terms with a view to their amicable resolution. For any dispute of a contractual nature relating to these Courier Terms which could not have been resolved in the context of a complaint previously submitted to Uber’s customer service, eligible consumers can submit complaints to the European Commission’s online dispute resolution platform accessible here pursuant to the Regulation (EU) No 524/2013 of 21 May 2013. Uber does not commit to using an online dispute resolution platform to resolve consumer disputes.
8. Governing Law and Jurisdiction. These Courier Terms shall be exclusively governed by and construed in accordance with the laws of the Netherlands, excluding its rules on conflicts of laws, unless, if you reside in the EU, statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, in which case those provisions may apply. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. You may bring judicial proceedings relating to these Courier Terms before a competent Dutch court. If you reside in the EU you may also bring judicial proceedings relating to these Courier Terms before the competent court of your country of residence. If you reside in the EU, we may only bring judicial proceedings against you in your country of residence, unless you are acting as a business in which case you agree to submit to the exclusive jurisdiction of the Dutch courts.
By accepting these Courier Terms, you agree to be bound by these Courier Terms.