UBER B.V.

SUPPLEMENTAL TERMS - UBER CONNECT

Kingdom of Saudi Arabia

1. Contractual Relationship.

These Uber Connect Terms and Conditions and the VAT terms in Annex 1 (together the “Connect Terms”) govern your access and use of applications, websites, content, products, and services (the “Uber Services”) made available by Uber B.V., a private limited company with its registered address at Burgerweeshuispad 301, 1076 HR, Amsterdam, The Netherlands, commercial registration number - 56317441 and paid-up capital - EUR 1,00, which enables you to arrange and schedule Services (as defined below).

These Connect Terms are supplemental terms to the general terms and conditions herein (the “General Terms”). This means where you choose to use Uber Connect to request any of the Services (as defined below), the following applies to your use and access of Uber Connect:

• These Connect Terms; and
• except as modified by the Connect Terms, the General Terms (together referred to as the “Connect Terms of Use”).

Please read the Connect Terms of Use carefully prior to using Uber Connect or the Services (as defined below). Your agreement to the Connect Terms establishes a contractual relationship between you and Uber. We have the right to change these Connect Terms from time to time. We will inform you of any 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 Connect. Capitalized terms used in the Connect Terms but not defined in the Connect Terms shall have the meanings ascribed to them in the General Terms.

By accessing or using Uber Connect, you confirm your agreement to be bound by the Connect Terms of Use. If you do not agree to the Connect Terms of Use, you may not access or use Uber Connect.

2. Access and Use of Uber Connect.

2.1. This Connect Terms sets out rights and obligations that apply to your use of Uber Connect. These terms apply in addition to any other rights or obligations set out in the General Terms.

2.2. Third Party Provider’s Services. You can use Uber Connect to: (i) Request the provision of delivery services of packages that are under your or the recipient’s possession at the moment of the request (“Packages”), to a designated address, by independent third party providers of delivery services who have an agreement with Uber or its affiliates (“Third Party Provider(s)”); or (ii) If and when such feature is made available by Uber, at its sole discretion, request from Third Party Providers the purchase of goods on your behalf (“Good(s)”) and its delivery to the recipient at the address you select (collectively the “Services”) .

2.3. User Requirements. You may not authorize third parties to use your account to access and use Uber Connect. You agree to inform Third Party Providers about the nature of Packages and Goods which you wish to transport pursuant to Article (2.2) above. You also accept that Third Party Providers will check Packages (such as checking that Packages are not Prohibited Items as described in Article 2.4 below). Upon receipt of Packages or Goods from Third Party Providers, you must ensure that they are in good shape and fit for intended purpose. You agree to comply with all applicable laws of the Kingdom of Saudi Arabia when accessing or using Uber Connect, and you may only access or use Uber Connect for lawful purposes as per applicable law. In the event that you do not receive Packages or Goods from the Third Party Providers, you should notify Uber using the tools made available to you on the application or website, as the case may be.

2.4 Prohibited Items. You may not use or access Uber Connect or use the Services provided by Third Party Providers to deliver any Prohibited Items (“Prohibited Items”). The list of Prohibited Items includes, but is not limited to: (i) Illegal items; (ii) Firearms, weaponry, and their parts; (iii) Alcohol beverages; (iv) Highly perishable food or beverages (such as raw meat or dairy products), pharmaceutical products, over-the-counter medications, vitamins or supplements; (v) Recreational drugs, drug paraphernalia, or tobacco products; (vi) Money, giftcards, 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 right to amend, from time to time, the list of Prohibited Items described in this article without the need to obtain any approval from you in this regard. You are responsible for reviewing the current list of Prohibited Items every and each time you use Uber Connect.

2.5. Restrictions on Packages and Goods. The Package(s), per trip, (i) must be less than 30 kilograms, (ii) must be less than 10 Goods, (iii) must fit comfortably in the trunk of the Third Party Providers’ vehicles, and (iv) Packages may not have a total value greater than 300 Saudi Riyal. You must prepare and securely close and seal the Package(s) for safe delivery, and (v) Goods which you requested the Third Party Provider to buy may not have a total value greater than 200 Saudi Riyal (when such a feature is made available by Uber). You must prepare and securely close the Package(s) for safe delivery. As for Services which include requesting the Third Party Provider for purchasing Goods on your behalf (when such a feature is made available by Uber), then you must request the vendor to prepare bought Goods and place them securely for safe delivery by the Third Party Provider.

2.6. Conditions Relating to Purchase Services on Your Behalf. You are responsible for providing all instructions to the Third Party Provider and the vendor which sells Goods to the Third Party Provider (when such a feature is made available by Uber) in relation to your request for the Services. If the Third Party Provider agrees to provide Services to you including the purchase of Goods on your behalf, then you agree to authorise the Third Party Provider as your agent to provide the Service and to deliver Goods to the recipient designated in the Service request. This means that all Goods which are bought by the Third Party Provider based on your instructions will remain exclusively under your ownership throughout the Service and until delivery to the recipient. You are responsible for paying the Service Charge (as defined below)entitled to the Third Party Provider, which may include additional costs for covering the extra effort exerted by the Third Party Provider to complete the Service. Where cash payment is selected to pay the Service Charge, and if you are not the recipient of the Goods then you are responsible for the recipient paying the Service Charge in cash to the Third Party Provider. The recipient of the Goods must pay the value of the Goods as specified in the invoice in cash directly to the Third Party Provider. If you are not the recipient, you must also inform the recipient of his/her responsibility to do so. If you are not the recipient, and if the designated recipient did not pay the value of Goods to the Third Party Provider, as described above, then you must pay such value in person to the Third Party Provider.

2.7. Refusal or Rejection of Deliveries. You acknowledge and agree that the Packages and Goods are delivered at your request by the Third Party Providers, without Uber being involved in any way. This means that Uber does not and is not responsible for delivering Packages and Goods. When you request any of the Services, then you are entering into a contract with a Third Party Provider. The Third Party Providers are free to accept, refuse or cancel the Services after acceptance for any reason. You also have the right to cancel any Service request before its acceptance from the Third Party Provider. The Third Party Provider and everyone who signs up to an Uber account are bound by the Community Guidelines available herein which form an integral part of Connect Terms of Use. If you cancel your request for the Services, you will be charged a cancellation fee in accordance with Uber's cancellation policies where such cancellation fee is due to the Third Party Provider.

2.8. Delivery, Redelivery, and Undelivered Packages and Goods. If the Third Party Provider is not able to complete the Services for example, because the Third Party Provider is unable to locate the delivery location and is unable to contact you, the Third Party Provider has the right to return the Package or Good to you. If the Third Party Provider is not able to do so, then you acknowledge and agree that the Third Party Provider may leave the Package or Good at the original pickup location, an alternative location as instructed by you, at the delivery location or at any place near the delivery location as agreed between you and the Third Party Provider. Uber Services will, to the extent reasonable, permit you to rearrange the Service with Third Party Providers or facilitate the exchange of the undelivered Packages or Goods between you and the Third Party Providers. You are responsible for the costs associated with the return, redelivery or disposal of your Packages, Goods, or anything related thereto, except where the return, redelivery or disposal of Packages or Goods 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 act or omission. Uber reserves the right to facilitate payment for the costs associated with the return, redelivery or disposal of your Packages or Goods 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.

2.9. 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 Services except to the extent that 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 your act or omission.

3. Payment.

The charges for the Services rendered by the Third Party Provider (the “Service Charges”) will be presented to you in the Application and/or Website you use to access Uber Connect. Uber reserves the right to collect payment for the charges associated with the delivery, return, redelivery or disposal of your Packages or Goods 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. Notwithstanding the foregoing, where Uber makes available to you the option to pay for the Service Charge in cash, you shall be responsible for paying the Service Charge to the Third Party Provider.

4. Limitation of Liability; Indemnity.

4.1. Nothing in these Connect 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 alteration in 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, Goods or the Services provided by Third Party Providers through Uber Connect. If you wish to obtain insurance in this regard, you should contact an insurance agent or broker at your own expense and responsibility.

4.3. If you use Uber Connect to arrange Services, you assume full responsibility in relation to the Packages or Goods after its delivery, including but not limited to any damage resulting from the impact of temperature sensitivity and/or tampering on Packages or Goods.

4.4. Uber is not liable under the Connect Terms or anything related thereto including, but not limited to, liability in contract or tort (including negligence or misrepresentation which may be caused by you or any third party) for compensation or restitution in connection with any of the following aspects concerning the use of Uber Connect: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of opportunities ; (v) loss of use or damaging 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 delivery of Packages or Goods that you send using the Services booked through Uber Connect.

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 its reasonable control.

4.7. Without prejudice to any other provision of the Connect Terms of Use, Uber’s total liability to you for usage of Uber Connect (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[•] Saudi Riyal.

4.8. To the extent permitted by law, Uber does not warrant or assume liability for any act, withholding or omission by you or any third party.

4.9. In addition to any indemnity provided in Article 5 of the General Terms, in respect of your use or access to Uber Connect and your use of the 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 damages, 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, withholding or omission, or any failure by you to comply with the Connect Terms.

5. Termination.

You acknowledge and agree that Uber Connect will be made available by Uber on a temporary basis. Accordingly, and unless terminated earlier in connection with the Services Agreement or the Connect Terms, Uber may, in its sole discretion, terminate these Connect Terms or discontinue Uber Connect at any time by giving you notice through the application or any other means selected by Uber.

6. Privacy.

You confirm that you have obtained consent from or notified the recipient (when it is not you) that their details will be shared with Uber and the Third Party Providers, and that their personal data will be processed in accordance with our Privacy Notice that can be found on the link set out below and which forms an integral part of Connect Terms of Use.

Links to privacy notice:

English Version:

https://www.uber.com/legal/en/document/?name=privacy-notice&country=saudi-arabia&lang=en

Arabic Version:

https://www.uber.com/legal/en/document/?name=privacy-notice&country=saudi-arabia&lang=ar

By accepting these Connect Terms, you agree to be bound by these Connect Terms of Use.

You expressly acknowledge that: (i) you have read and understood these Connect Terms; (ii) that you have had the opportunity to consult with third parties (including any attorney) regarding these Connect Terms; (iii) you agree to be bound by the terms and conditions of these Supplemental Terms; and (iv) that you have the legal capacity to enter into these Connect Terms.

ANNEX 1

TERMS AND CONDITIONS RELATING TO VAT

General.

These specific terms and conditions relating to VAT (the VAT Terms) shall apply from the date of their issuance and shall continue to apply unless and until expressly terminated by Uber.

Your continued use of the Uber Application on or after the date of your receipt of the VAT Terms shall mean your acceptance of the VAT Terms.

Defined terms shall have the meaning provided for in the General Terms of Use or the Uber Connect Terms and Conditions above (as applicable), unless expressly defined differently in these VAT Terms.

For the purposes of the VAT Terms, the term ‘Uber’ shall mean both 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 56317441, and Uber Saudi Arabia, a limited liability company established in the Kingdom of Saudi Arabia under number 1010443737.

Application of VAT on.

Further to instructions received from the General Authority of Zakat & Tax (GAZT), VAT is chargeable on the total Service Charge for Services rendered in the Kingdom of Saudi Arabia (Saudi Arabia) at the prevailing rate. In the event that these instructions change and such change applies retrospectively, Uber shall seek to refund such amounts of VAT that may be subsequently refunded to Uber by the GAZT, in accordance with the terms of the VAT Refund section ‎below.

VAT Refund.

1. Uber makes no guarantee or assurance that the VAT charged on the Service Charges will be recovered from the GAZT or refunded to you.

2. Uber shall be entitled to deduct amounts to reflect administrative expenses and such other costs (including penalties and any assessment of unpaid VAT) necessarily incurred as a result of implementing GAZT’s instructions, prior to making a refund of VAT to you.

3. Any amount of VAT to be refunded to you shall be credited to your Account in the form of credits that are non-transferable, non redeemable against cash, available for use in Saudi Arabia only and with an expiry date of one year from their issuance (unless otherwise made available by Uber). You agree and accept that you shall have no entitlement to receive the VAT refund as cash.

4. In the event that you have closed your Account as at the time the VAT refund takes place, Uber will send you via email a voucher (equal to the amount of any refund that you are owed) that is redeemable on the Uber Application. The voucher will be personal to you and you may redeem it  by opening a new personal account on the Uber Application or reactivating your closed account. If Uber does not have a record of your email (whether because it was not provided to Uber initially or because Uber deleted such information based on your request or due to any other reason), Uber will not seek to contact you and any refund will be subject to your request made in accordance with paragraph 5 below.

5. Uber shall not be liable for any voucher sent to the email address it has in its records if such voucher is received and/or redeemed by any person other than you. In the event that you have closed your Account as at the time the VAT refund takes place and that you were not contacted by Uber in accordance with paragraph 4 above, you shall be entitled to contact Uber to reclaim VAT. Refund will be via vouchers redeemable on the Uber Application in accordance with the details set out in paragraph 4 above. Uber will have the right to request you to provide such documents (including trip receipts you have received by email from Uber or via the Uber Application) to authenticate your claim. 

6. You agree and accept that you shall not seek to claim VAT refunds from Uber after a period of 12 months from the date that you became aware of a potential entitlement to reclaim VAT, and in any event no more than 5 years from the date that such entitlement arose.