UBER B.V.

SUPPLEMENTAL TERMS - UBER KURYE (COURIER) TURKEY

1. Contractual Relationship

These Uber Kurye Terms and Conditions (“Kurye 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, registered at the Amsterdam Chamber of Commerce under number 56317441 (“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 Kurye” (Uber Courier) ).

These Kurye Terms are supplemental terms to the [Country General Terms of Use] (“Terms”). This means where you choose to use Uber Kurye to request delivery services from Third Party Providers, the following applies to your use and access of Uber Kurye:

• These Kurye Terms; and
• except as modified by the Kurye Terms, the Terms (Together, the “Kurye Terms of Use”).

Please read the Kurye Terms of Use carefully prior to accessing and using the Services. Your agreement to the Kurye Terms establishes a contractual relationship between you and Uber. We may change these Kurye 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 Kurye. Capitalized terms used in the Kurye Terms but not defined in the Kurye Terms shall have the meanings ascribed to them in the Terms.

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

2. Access and Use of Uber Kurye

2.1 This section sets out rights and obligations that apply to your use of Uber Kurye. 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 Kurye. You agree to comply with all applicable laws when accessing or using Uber Kurye, and you may only access or use Uber Kurye for lawful purposes.

2.3 Prohibited Items

You may not use or access Uber Kurye or use the delivery services provided by Third Party Providers to send any Prohibited Items (“Prohibited Items”). The list of Prohibited Items includes, but is not restricted to:

(i) People and animals other than those permitted in writing to be sent by the relevant public institutions and organizations such as bees, silkworms, leeches; and inanimate animals other than those dried or otherwise preserved; (ii) Illegal items and any substance that is prohibited by the legislation to be bought, sold, transported or passed from hand to hand; (iii) Bullets, empty casings, pistols, firecrackers, cartridges, shotguns, all kinds of air guns and firearms; (iv) Alcohol; (v) Degradable biological substances and radioactive substances; (vi) Tobacco and tobacco products; (vii) Negotiable instruments such as checks, promissory notes, stock certificates, bonds, etc., gold and silver, jewelry, precious metals and money and similar commodities that the transportation of which is prohibited by the Turkish Commercial Code; (viii) Hazardous substances and similar substances that may endanger persons due to their nature and character or packaging, damage postal shipments, flare up, ignite or explode; (ix) Stolen goods; (x) Postal mails containing signs, pictures, and writings (i.e. letters, all kinds of service of process or summons) which is within the exclusive authority of postal services under the Law on Postal Services No. 6475; and (xi) Postal mails containing signs, pictures, and writings that are contrary to the general moral rules or impair security and encourage the commission of a crime.

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 Prohibited Items each time you use the Uber Kurye request option.

2.4 Package Restrictions

The Package(s), together, per trip, (i) may not be greater than 50 cubic decimeter and maximum of 5 kilograms, (ii) must fit comfortably in the boot of a mid-size motor vehicle, and (iii) may not have a total value greater than TRY 5.000.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 at [https://www.uber.com/legal/en/document/?name=general-community-guidelines&country=turkey&lang=en]. 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 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 Uber Kurye Terms of Use will be presented to you in the Application and/or Website you use to access Uber Kurye. 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.

4. Limitation of Liability; Indemnity

4.1 Nothing in these Uber Kurye 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 Kurye. You should contact an insurance agent or broker if insurance coverage is desired in connection with the Package(s) or your use of Uber Kurye.

4.3 If you use Uber Kurye to arrange delivery of Package(s) not prohibited under these Kurye 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 Kurye 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 Kurye: (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 Kurye.

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 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.

4.8 In addition to any indemnity provided in section 5 of the Terms, in respect of your use or access to Uber Kurye 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 Kurye Terms.

5. Termination

You acknowledge and agree that Uber Kurye will be made available by Uber. Accordingly, and unless terminated earlier in connection with the Services Agreement or the Kurye Terms, Uber may, in its sole discretion, terminate these Kurye Terms or discontinue Uber Kurye at any time by giving you reasonable advance notice in writing.

6. Privacy

Where applicable, you confirm that you have obtained consent from the recipient or sender as the case may be to share their address details with Uber, and that their personal data will be processed in accordance with our Privacy Notice [https://privacy.uber.com/policy/]. If you request an invoice for the delivery service you requested from the Third Party Provider, some of your data (first name, last name and other data if requested by you to be part of the invoice such as tax-ID) will be required for the issuance of the invoice and you instruct Uber to share such data with the Third Party Provider for the purpose of issuing the invoice you requested.

7. 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. Any dispute, conflict or controversy howsoever arising out of or broadly in connection with or relating to these Terms, including those relating to its validity, its construction or its enforceability shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such dispute has not been settled within sixty (60) days after a Request for Mediation has been submitted under such ICC Mediation Rules, such dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded.

The dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Arbitration Rules. The place of arbitration shall be Amsterdam, the Netherlands. The language of the arbitration shall be English. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the ICC, correspondence from the mediator, and correspondence, orders and awards issued by the sole 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 stipulated herein.

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