Uber Eats Pro Portugal Terms and Conditions

Key Principles

The Uber Eats Pro Programme ("Uber Eats Pro") is a loyalty and Benefits programme for independent persons in the business of providing delivery services ("Delivery Partners"), designed to enhance a Delivery Partner’s experience of using the Uber Eats App.

These terms and conditions ("Terms") govern Uber Eats Pro as provided by Uber Portier B.V. or any other affiliated company ("Uber" or "we").

Delivery Partners who participate in Uber Eats Pro, can access certain benefits offered by Uber and/or third parties ("Benefits"), according to their Uber Eats Pro tier status.

To facilitate Uber Eats Pro and the Benefits we will process and share certain Delivery Partner personal data, such as contact details and tier.

Uber may change or cancel Uber Eats Pro at any time.

Delivery Partners may opt-out of Uber Eats Pro at any time by letting us know in the way set out below.

Delivery Partners who decide to opt-out or do not meet the tier requirements of Uber Eats Pro are free to continue to use the Uber Eats App as they choose - including deciding if, when and where to drive, as well as choosing whether to perform delivery services when logged on.

Delivery Partners continue to be subject to terms and conditions of the Uber Eats App and any contract or agreement they entered into with their fleet partner, as well as Uber’s Privacy Notice when using the Uber Eats App.

PART 1 - TERMS

Uber Eats Pro Eligibility

All active Delivery Partners are eligible to participate in Uber Eats Pro.

Eligibility for specific tiers and the corresponding benefits are based on the way Delivery Partners use the Uber Eats App. This is set out in more detail in the next two sections.

How Is Your Uber Eats Pro Tier Determined?

Uber Eats Pro comprises various membership tiers ("Tier(s)"). The different Tiers unlock access to certain Benefits.

Delivery Partners may earn points to access the different Tiers and the Benefits offered in each Tier ("Points").

There are four (4) Tiers available to Delivery Partners.

You will unlock a new Tier if you achieve the applicable Tier requirements (as set out in the table below, subject to updates) in a Programme Period (as defined below).

*Cities are defined according to the geofences associated in Uber's system. Please refer to your Uber Eats App to confirm the city you are registered in and the points required at any point in time.

As soon as you meet the applicable Tier Requirements (as set out above), you will automatically be moved to the applicable Tier.

You will earn Points in monthly periods starting from 1 October 2020, each month being a "Programme Period".

Your Points will not carry over into the next Programme Period and your Points balance will be reset to zero at the end of each Programme Period.

If you are moved to the next Tier during any Programme Period, you will hold that Tier for the remainder of the applicable Programme Period and for the duration of the next Programme Period.

Once you achieve a Tier, some but not all Benefits may be available for you to access immediately (please see Part 2 - Individual Benefits for further information). You may be required to exit the Uber Eats App, go offline and then come back online again in order to access specific Benefits.

How to Earn Points

You will earn 1 Point for every delivery you complete in Portugal as a Delivery Partner.

In addition to the 1 Point that you will earn for every delivery you complete as a Delivery Partner, You will earn additional points (Additional Points) when you complete a delivery during the following times (displayed in the local time zone) (Additional Point Hours):

Points will be added to your Uber Eats Pro Account (as defined in the ‘Changes to Uber Eats Pro’ section below) in the Programme Period during which Uber processes the applicable Points (which may be a different Programme Period to when those Points were earned).

No Points will be earned where you use any services provided by Uber as a rider or eater.

Points earned in connection with Uber Eats Pro have no monetary value and may not be exchanged for cash.

Uber may revoke Points or adjust your Points balance where in Uber's sole discretion, Uber believes that such Points were obtained under or in connection with any fraud, misuse of the Uber Eats App or in breach of the terms and conditions of the Uber Eats App and/or these Terms.

Uber Eats Pro Account and Points Balances

You will be provided with an Uber Eats Pro account which will be linked to your Delivery Partner Account and will be accessible via your Uber Eats App ("Uber Eats Pro Account"). Your Uber Eats Pro Account and the associated benefits are personal to you and cannot be shared.

You will be able to view your Points, Tier and Benefits via your Uber Eats Pro Account.

You can view your current Points balances within the profile page of your Uber Eats App under "Points Balance". Points earned will usually be shown in your Uber Eats Pro Account straight after your delivery.

If you discover an issue with a transaction posted to your Uber Eats Pro Account, you can report it within one month after you discover the issue by contacting Uber (contact details are set out in the ‘Contact Us’ section below).

Uber will have sole discretion in decisions relating to the credit of Points to your Uber Eats Pro Account but will act reasonably in doing so.

Uber will use reasonable efforts to ensure Points balances are accurate, however, there may be a delay in displaying Points in your Uber Eats Pro Account where there is a system outage or other technical issue.

Your Points will not carry over into the next Programme Period and your Points balance will be reset to zero at the end of each Programme Period.

Opting Out

Uber Eats Pro is designed to enhance your experience of the Uber Eats App. If you don’t want to participate, you may opt-out at any time and for any reason. To opt-out of Uber Eats Pro, you will need to contact Uber Support and make this request. You can contact Partner Support via the "Help" section of the app, or at https://help.uber.com/. Please allow up to 7 days for your opt-out request to be processed.

After your opt-out request has been processed (i) your Uber Eats Pro Account will be closed and (ii) you will not be able to access any Benefits.

You can opt back into Uber Eats Pro at any time by contacting us at https://help.uber.com/.

Changes to Uber Eats Pro

Uber Eats Pro is a new and exciting programme. We want it to work and enhance your experience of the Uber Eats App. However, it is not guaranteed, and we may need or choose to vary it from time to time or cancel it. We will update you of any key changes to Uber Eats Pro.

You agree that your continued participation in Uber Eats Pro or access to or use of your Uber Eats Pro Account shall be deemed your acknowledgement and acceptance of any modifications to these Terms.

If you do not agree to any changes to these Terms you may opt-out of Uber Eats Pro in accordance with the ‘Opting Out’ section above.

If Uber decides to cancel Uber Eats Pro, no Points will be earned after the cancellation date, and all Uber Eats Pro memberships and Benefits will be terminated, in accordance with the terms of each Reward agreed to by the third party Reward provider and the Delivery Partner, as the case may be.

Closure of Your Uber Eats Pro Account

Uber may close your Uber Eats Pro Account in the case of fraud, misuse of the Uber Eats App or breach of the terms and conditions of the Uber Eats App and/or these Terms.

If your Delivery Partner Account is permanently deactivated, your Uber Eats Pro Account will also be closed.

If your Uber Eats Pro Account is closed, you will no longer be a part of Uber Eats Pro and all Points earned during the relevant Programme Period will be forfeited. However, this will not affect any Benefits you have redeemed prior to closure.

Benefits

All Benefits are granted at the discretion of Uber and may change or be cancelled at any time.

Benefits are not redeemable for Points and have no cash value.

Benefit details, terms and limitations are set out in Part 2 of these Terms.

Benefits provided by third parties may require additional action by you, including, agreeing to additional terms or creating an account with such third party. Uber Eats does not offer nor provide any Benefits to the Delivery Partners.

Delivery Partners are responsible for all taxes that may be owed in the receipt of Benefits.

Uber is not responsible for, and disclaims all liability for, the products or services offered by third parties in connection with Uber Eats Pro.

To ensure the success of Uber Eats Pro, Uber may collect information on such third party Benefits-based transactions for information and reporting purposes, in each case pursuant to the terms agreed to by the third party Reward provider and the Delivery Partner.

Personal Data

To facilitate your participation in Uber Eats Pro, Uber will process certain personal data, such as confirmation rate, cancellation rate, average rating and the number of deliveries you have completed, to calculate the applicable Tier status. If you elect to activate a Reward offered by a third party, Uber will share your name and contact details with that third party to improve the sign up process and confirm the applicable Tier status. The third party may collect additional data during their sign up process, and independently inform you thereof.

The third party will act as the data controller for the personal data it receives from Uber on your behalf and that it collects to provide you with the Reward. We encourage you to read their privacy policy. Uber will be the data controller for the personal data it processes to calculate your tier status and send you updates of your tier status and Benefits. For more information, and to learn about your privacy rights, please visit this webpage with more information and read our Privacy Policy.

Dispute Resolution and Governing Law

Dispute Resolution Process. In the event of any dispute arising out of or in connection with these Terms, the parties agree in the first instance to discuss and consider referring the dispute to mediation in accordance with the Centre for Effective Dispute Resolution ("CEDR") Model Mediation Procedure (or such other procedure as may be agreed). Neither party may commence any court proceedings in relation to any dispute arising out of these Terms until (1) the parties have agreed in writing not to mediate or (2) at least 28 days has passed since written notice of the dispute is given by either party, provided that the right to issue proceedings is not prejudiced by a delay.

Governing Law and Jurisdiction. These Terms shall be exclusively governed by and construed in accordance with the laws of the Netherlands, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Except as set forth above, each party irrevocably agrees that the courts of Amsterdam shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.

Disclaimer

Uber Eats Pro and/or any of its features may be unavailable, inaccurate or interrupted from time to time for a variety of reasons outside of Uber's control. We are not responsible for any unavailability, interruptions or errors of Uber Eats Pro, its features or any Benefits.

Uber Eats Pro and all the information accessible through it are provided for informational purposes only on an "as is" and "as available" basis. We, our affiliated entities and third party Benefits providers and their agents make no warranties, representations, or guarantees of any kind, express or implied, including, but not limited to, accuracy, currency, or completeness, the operation of Uber Eats Pro, the information, materials, content, availability, and products. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

Nothing in these Terms is intended to exclude liability for default in case of fraud or wilful misconduct or any other representations which cannot be excluded by law.

Limitation of Liability

We are not liable under or in relation to these Terms for any of the following (including but not limited to liability in contract, restitution or otherwise): loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information, loss of or damage to goodwill and indirect or consequential loss.

Nothing in these Terms limits any liability which cannot legally be limited, including liability for death or damage to personal physical or moral integrity or to the health of individuals and liability for default in case of fraud or willful misconduct.

To the extent permitted by law, we exclude all warranties and disclaim all liability for any act or omission of you or any User or third party.

Other

Delivery Partners who currently maintain a contractual or employment relationship with an independent company in the business of providing Delivery Services and who do not wish to opt out from Uber Eats Pro must notify the such company and obtain its consent to participate in Uber Eats Pro.

Contact Us

If you have questions or comments regarding Uber Eats Pro you may contact us at https://help.uber.com/.

PART 2 - INDIVIDUAL BENEFITS

The following list includes details on a selection of current Uber Eats Pro offers, provided by participating third party partners or by Uber. Please note that offers from third party partners, including but not limited to the qualifications for accessing the Benefits, as well as the identities of the partners themselves, are subject to change at any time in Uber’s discretion. There may be additional benefits not listed here, but which appear in your Uber Eats App.

Partner Protection Insurance with Allianz

Who is eligible: All Delivery Partners are eligible for this Reward, subject to any further terms set out below or in the Benefits section of your Eats App.

You are automatically insured by Allianz to protect you under specific circumstances. See here for the Allianz Partners Protection policy for more details.

Please note that Partner Protection Insurance is a benefit that is offered to all Delivery Partners either independent or associated with a fleet delivery partner, so if you choose to opt-out of UberEats Pro you will remain eligible.

Fuel Savings with Galp

Who is Eligible: Delivery Partners in the Gold, Platinum and Diamond Tiers.

The fuel savings received pursuant to this Reward will depend on your Tier, as set out in the table below:

See here for Galp terms and conditions. Geographical restrictions may apply.

Priority Support

Who is Eligible: Delivery Partners in the Platinum and Diamond Tiers.

This Reward enables eligible Delivery Partners to get priority support whenever they create a ticket from their Uber Eats App to get support on a certain matter. The eligibility pursuant to this Reward will depend on your Tier, as set out in the table below: