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Click here or scroll down to respond to this candidateCandidate's Name
Updated as of July Street Address , 2024This Candidate's Name (this PAA) is by and among you and your company/business (you) and Schleuder, LLC, a subsidiary of Uber Technologies, Inc.(Uber). This PAA governs your access to our Platform (defined below) which facilitates your provision of the services described in Section 2.1 below to parties seeking such services(Requesters) in order to send items to certain parties (Recipients). For the sake of clarity and depending on the context, references to we, our and us may also refer to Uber. Access to our technology Candidate's Name is effective as of the date and time you accept it.1. Relationship with Uber1.1. Contracting Parties. The relationship between the parties is solely as independent business enterprises, each of whom operates a separate and distinct business enterprise that provides a service outside the usual course of business of the other. This is not an employment agreement and you are not an employee. You confirm the existence and nature of that contractual relationship each time you access our Candidate's Name , you are not required to accept any minimum number of Delivery requests in order to access our Platform and it is entirely your choice whether to provide delivery services to Requesters directly, using our Platform, or using any other method to connect with Requesters, including, but not limited to other platforms and applications in addition to, or instead of, ours. You understand, however, that the experiences Requesters and Recipients have with your Deliveries, as determined by Requester or Recipient input, may affect your ability to access our Platform or provide Deliveries.2. Our Platform2.1. General. While using our Driver App, you may receive lead generation and other technology-based services that enable those operating independent business enterprises like you to provide delivery services to Requesters (Deliveries), including, as applicable, the delivery of alcoholic items from Requesters to Recipients (Alcohol Deliveries) or the delivery of other items, which may be subject to regulatory requirements, safety standards or are otherwise restricted by Uber, (Restricted Items and Restricted Items Deliveries), and if applicable, return of items to the Requester on behalf of the Requester and/or Recipient(Returns), as well as any other service(s) to or on behalf of Requesters(Additional Services), which may include, but are not limited to, ordering and selecting items (Ordering Services), or purchasing items, including, as applicable, submitting a copy of the itemized Requester transaction receipt or return receipt(Payment Services), any of these Additional Services which may be provided individually or jointly. All references to Deliveries or Delivery in this PAA or any applicable fare addendum will include Deliveries and, as applicable, Additional Services, Alcohol Deliveries, Restricted Items Deliveries or Returns, which may be provided individually or jointly. Further, references to Delivery or Deliveries, particularly in Section 4 of this PAA or any applicable fare addendum, shall include an instance of providing Deliveries, Additional Services, Alcohol Deliveries, Restricted Items Deliveries, or Returns, each of which may be provided individually or jointly. Subject to the terms and conditions of this Agreement, Uber hereby grants you a non-exclusive, non-transferable, non-sublicensable, non-assignable license, during the term of this Agreement, to use our Platform (including the Driver App) solely for the purpose of providing Deliveries and accessing services associated with providing Deliveries.2.2. Compliance. You are responsible for identifying, understanding, and complying with (i) all laws (including, but not limited to, the Americans with Disabilities Act and applicable laws governing your collection, use, disclosure, security, processing and transfer of data), rules and regulations that apply to your provision of Deliveries (including whether you are permitted to provide delivery services at all) in the jurisdiction(s) in which you operate (your Region) and (ii) this Agreement(collectively, the Requirements). Subject to applicable law, you are responsible for identifying and obtaining any required license (including drivers license), permit, or registration required to provide Deliveries. Notwithstanding anything to the contrary in this Agreement, for the avoidance of doubt, your ability to access and use our Platform is at all times subject to your compliance with the Requirements. You agree not to access or attempt to access our Platform if you are not in compliance with the Requirements.2.3. Your Provision of Deliveries. You represent, warrant and covenant that (a) you have all the necessary expertise and experience to provide Deliveries in compliance with the Requirements and standards applicable to the delivery industry, including if applicable any additional Requirements related to the handling, transportation, and delivery of alcohol or other items; (b) your access and use of our Platform, and provision of delivery service, in your Region is permitted by the Requirements(including any age requirements); (c) all such access and use of our Platform will be in compliance with the Requirements; (d) you will return any undeliverable item to the pickup location, if required by the Requester, or take other reasonable actions to safeguard the item until it can be returned to the Requester; (e) you will collect the signature and/or verify the identity of the Recipient, if required by law or the Requester; (f) you have all applicable permits, certifications, registrations and licenses necessary for your vehicle and or person to complete Alcohol Deliveries; and (g) you are familiar with all applicable local, state, and federal laws, including not limited to laws requiring the verification of a Recipients age and sobriety. You are responsible for, and bear all costs of, providing all equipment, tools and other materials that you deem necessary or advisable and are solely responsible for any obligations or liabilities arising from the Deliveries you provide. 2.4. Accessing our Platform.(a) To provide Deliveries you must create and register an account. All information you provide to us must be accurate, current and complete and you will maintain the accuracy and completeness of such information during the term of this Agreement. Unless otherwise permitted by us in writing, you agree to only possess one account for providing Deliveries. You are responsible for all activity conducted on your account. For account security, as well as Requester and Recipient safety purposes, you agree not to share or allow anyone to use your login credentials or other personal information used in connection with your account, including but not limited to photos of yourself, to access our Platform. If you think anyone has obtained improper access to your account, login credentials or personal information, you are required to notify us and to change your password immediately so that we may take appropriate steps to secure your account. You agree that we are not responsible for any losses arising from your sharing of account credentials with a third party, including without limitation phishing. You can visit help.uber.com for more information about securing your account.(b) You represent, warrant and covenant that you have all required authority to accept and be bound by this Agreement. If you are accepting this Agreement on behalf of your company, entity, or organization, you represent and warrant that you are an authorized representative of that company, entity, or organization with the authority to bind such party to this Agreement.2.5. Background Checks and Licensing, Vehicle Standards.(a) During your account creation and registration, we will collect, and may verify, certain information about you and the vehicle(s) you use to provide Deliveries (your vehicle).(b) You will also be required to pass various background, driving record and other checks both prior to the first time you access our Candidate's Name ; these checks may be facilitated by third parties. You hereby authorize and instruct us to provide copies of such checks to insurance companies, relevant regulators and/or other governmental authorities as needed for safety or other reasons, as described in our Privacy Notice.(c) You agree that your vehicle will be properly registered, licensed and suitable to provide Deliveries in your Region. You represent that at all times during the provision of any Deliveries your vehicle will be in your lawful possession with valid authority to use your vehicle to provide Deliveries in your Region. You agree that your vehicle will be in safe operating condition, consistent with safety and maintenance standards for a vehicle of its type in the delivery industry. You agree to monitor for and repair any parts that are recalled by your vehicles manufacturer (as well as anything else the Requirements applicable to your particular Region may require).2.6. Accepting Delivery Requests and Delivering.(a) Delivery requests may appear in the Driver App and you may attempt to accept, decline or ignore them. Accepting a Delivery request creates a direct business relationship (and for Delivery requests including the provision of Additional Services, accepting such request creates a direct agency relationship) between you and your Requester in accordance with the terms of the delivery service the Requester has requested through our Platform. The mechanism for accepting or declining Delivery requests may vary depending on your location and the type of Delivery request you accept. You acknowledge upon acceptance of a Delivery request, you may incur Uber fees as described in an applicable fare addendum to this PAA.(b) You will choose the most effective, efficient, and safe manner to reach the destinations associated with a Delivery, provided however that if applicable, for Alcohol and Restricted Items Deliveries, at all times, you are responsible for complying with all federal, state and local laws, regulations and obligations about the mode of transportation and any routes you take, including not traveling through dry counties when delivering alcoholic items. Any navigational directions offered in the Driver App are offered for your convenience only; you have no obligation to follow such navigational directions. Further, for the provision of Additional Services, you acknowledge and agree that all orders and purchases must be pre-authorized by the Recipient, and in the case of a discrepancy between the Requester availability and the Recipients pre-authorized item selection for Ordering Services, you will obtain the Recipients approval before making any modifications or updates. You acknowledge and agree that you may be required to reimburse the Requester for any invalid or unauthorized transaction.(c) You may receive Requester and Recipient information, including, but not limited to, approximate pickup and dropoff location, and you agree that the Requester and Recipient, and other parties designated by the Requester to track Deliveries, may also be given identifying information about you, including your first name, photo, location, vehicle information, and certain other information you have voluntarily provided through the Driver App (collectively, User Information). Without a Requesters or Recipients consent, you agree to not contact any Requester or Recipient or otherwise use any of the Requesters or Recipients User Information, including any photos or information obtained from the Recipients ID, except solely in connection with the applicable Delivery. You agree to treat all User Information as Confidential Information (defined below) received by you under this Agreement. You acknowledge that your violation of your confidentiality obligations may also violate certain laws and could result in civil or criminal penalties.(d) You acknowledge and agree that: (i) your Additional Services, whether provided individually or jointly, will only be provisioned as pre-authorized by the Requester; and (ii) you take possession of the items on behalf of the Recipient when you receive the items from or return the items to the Requester.(e) You agree not to tamper with the items, including, but not limited to opening the packaging. You also agree not to tamper with the Restricted and alcoholic items, including, but not limited to, opening the bottle(s), taking off or ripping any labeling adhered to the alcoholic item(s), or opening the packaging.(f) You understand that you are required by law, and under Ubers Community Guidelines, not to deliver alcohol to anyone (1) who does not present a valid government-issued photo ID showing they are 21 or older, (2) who appears intoxicated, and/or (3) is not present to accept delivery in person. You also understand that in some Regions or for certain Deliveries the name of the Recipient must match the name on the valid government-issued ID and Recipient's signature may be required (the Verification Requirements). You recognize that failing to comply with the Verification Requirements may result in criminal penalties and you losing access to our Platform to provide Deliveries. Notwithstanding Section 2.3, if you otherwise determine such Delivery cannot be delivered to the Recipient in compliance with the Verification Requirements, you agree to return the items to the Requester and at the Requesters expense. With respect to Alcohol Deliveries, if the Delivery Recipient does not have a valid government-issued photo ID showing they are 21 or older, if the Delivery Recipient appears intoxicated, if no Delivery Recipient is present to accept delivery in person, or if you otherwise determine such Alcohol Delivery order cannot be delivered to the Delivery Recipient compliantly, you agree to return the alcoholic items back to the Requester and at the Requesters expense. With respect to Restricted Items Deliveries, you understand you may need to take additional steps to comply with requirements for delivery that may include the Verification Requirements. You agree to return the Restricted Items back to the Requester and at the Requesters expense in instances in which the delivery cannot be fulfilled, or when applicable.(g) With respect to certain Deliveries (including, but not limited to, Alcohol Delivery and Restricted Items Deliveries), the Driver App may contain additional screens to help you comply with applicable laws and regulations. You agree to follow the in-app steps and agree that completing the steps as indicated may be required to complete the Delivery in accordance with local law.2.7. Use of Uber Branded Materials.(a) Except to the extent necessary to comply with applicable law, you are not required to use, wear or display Ubers name or logo on your vehicle or clothing, or to use signaling lights, stickers, decals, or other such materials displaying Ubers name or logo (collectively Uber Branded Materials).(b) Your authorized display of Uber Branded Materials may signify to Requesters and Recipients that your delivery services are facilitated by our Platform. Uber grants you a limited license to use, wear, or display Uber Branded Materials provided directly to you by Uber (Authorized Uber Branded Materials) when providing Deliveries solely for the purpose of identifying yourself and your vehicle to Requesters and Recipients as someone selling delivery services facilitated by our Platform. You agree not to (i) use, wear, or display Uber-Branded Materials that are not Authorized Uber Branded Materials, (ii) purchase, accept, offer to sell, sell or otherwise transfer Uber Branded Materials that are not Authorized Uber Branded Materials, or (iii) offer to sell or sell, or otherwise transfer Authorized Uber Branded Materials, without our prior written permission, or (iv) display Uber Branded Materials when you are not accessing the Platform.(c) The parties expressly agree that your access to, or use of, Uber Branded Materials, whether or not authorized, does not indicate an employment or other similar relationship between you and us. You further agree not to represent yourself as our employee, representative or agent for any purpose or otherwise misrepresent your relationship with us.(d) You agree to destroy and discard any Uber Branded Materials if your account is deactivated and/or if you lose access to the Platform. 2.8. Crashes, Criminal Offenses, and Other Compliance Obligations. For the purpose of assisting us with our compliance and insurance obligations, you agree to notify us within 24 hours and provide us with all reasonable information relating to any incident (including any crash involving your vehicle) that occurs during your provision of a Delivery and you agree to cooperate with any investigation and attempted resolution of such incident. Additionally, you agree to notify us within 24 hours if you are arrested for, charged with, or convicted of a criminal offense for Platform eligibility consideration. 2.9. Ratings. The Requester and Recipient may be asked to comment on your services, and you may be asked to comment on the Requester and Recipient. These comments can include ratings and other feedback (collectively, Ratings), which we ask all parties to provide in good faith. Ratings are not confidential and you hereby authorize our use, distribution and display of your Ratings (and Ratings about you) as provided in our Privacy Notice, without attribution or further approval. We have no obligation to verify Ratings or their accuracy, and may remove them from our Platform in accordance with the standards in our Community Guidelines. You can find out more about Ratings and how they may affect your ability to access our Platform by visiting our website. 2.10. Location Based Technology Services; Communication Consents.(a) Your device geo-location information is required for the proper functioning of our Platform, and you agree to not take any action to manipulate or falsify your device geo-location. You further agree that we may obtain your geo-location information. To facilitate delivery of items, we may share your User Information, including but not limited to your first and last name, photo, car make and model, license plate number, and location with third parties, including Requesters, Recipients, other parties designated by the Requesters to track Deliveries, or others described in our Privacy Notice. We may not and will not use this information to attempt to supervise, direct, or control you or your provision of Deliveries.(b) You agree that we may contact you by email, telephone or text message (including by an automatic telephone dialing system) at any of the phone numbers provided by you, or on your behalf, in connection with your account. You also understand that you may opt out of receiving text messages from us at any time, either by replyingSTOP or texting the word STOP to 89203 using the mobile device that is receiving the messages, or by contacting us at help.uber.com. Notwithstanding the foregoing, we may also contact you by any of the above means, including by SMS, in case of suspected fraud or unlawful activity by your or on your account.2.11. Submitting Requester Receipts. As part of your provision of Additional Services and Returns, you understand and agree that you shall timely submit a valid copy of the itemized Requester receipt evidencing the amount spent for the items pre-authorized by the Requester and confirm prices, or, if available from the Requestor, the itemized receipt evidencing the amount refunded for returned items, in the Driver App or as otherwise indicated by Uber. You acknowledge and agree that in the event of an invalid receipt submission, you may be required to reimburse Requester. We will provide you notice electronically of any material changes to this obligation.3. Insurance3.1. Deliveries Using Your Vehicle. If you provide Deliveries using a vehicle, the obligations in this Section 3.1 shall apply.(a) You will maintain automobile liability insurance on your vehicle that provides protection against bodily injury and property damage to third parties and injuries to yourself (if required) at coverage levels that satisfy the minimum requirements to operate a vehicle on public roads wherever you use your vehicle. You must be listed as an insured or a driver on your automobile liability insurance. You will provide us with a copy of the insurance policy, policy declarations, proof of insurance identification card and proof of premium payment for your policy, as well as copies of the same upon renewal. You will notify us in writing immediately if the policy you have is canceled.(b) You understand that while you are providing Deliveries your personal automobile insurance policy may not afford liability, comprehensive, collision, medical payments, personal injury protection, uninsured motorist, underinsured motorist, or other coverage for you or a third-party. If you have any questions or concerns about the scope or applicability of your own insurance coverage, it is your responsibility to resolve them with your insurer.(c) You will maintain workers compensation insurance if it is required by applicable law. If allowed by applicable law, you can insure yourself against industrial injuries by maintaining occupational accident insurance in place of workers compensation insurance (and it is at your own risk if you decide not to).(d) We may, in our sole discretion, choose to maintain auto insurance on your behalf related to your Deliveries, but we are not required to provide you with any specific coverage for loss to you or your vehicle, unless we specifically describe it in an addendum to this PAA. We can change, reduce or cancel insurance that is maintained by us, if any, at any time without notice to you or authorization from you. 3.2. Other Deliveries. If you tell us that you will use a bicycle or other non-motor vehicle mode of transport for Deliveries, but then use an automobile or other motorized device that is considered a motor vehicle, we will not maintain any form of insurance on your behalf and you will be responsible for reimbursing us for any amounts that we are found liable for in respect to your use of such automobile or other motorized device. 3.3. Insurance for the Goods Being Transported. You acknowledge and understand that we will not maintain, nor do we have any obligation to maintain, insurance coverage or other protection for you and/or the owner of the goods for loss, theft, or damage caused by third-parties to the goods being transported. 4. Payments4.1. Instant Pay.(a) Eligibility for Instant Pay. You must have a valid and active debit card issued in your name to use Instant Pay. Your ability to use Instant Pay is dependent upon your debit cards acceptance of fast funds; not all debit cards are eligible to accept fast funds, and the cards issuing bank may choose at any time to disable the acceptance of fast funds or enable restrictions. Certain users may not be eligible for Instant Pay, including users that access our vehicle solutions programs and those who are subject to garnishments. Your use of Instant Pay may be subject to additional restrictions and fees; more information may be found on our Instant Pay website.(b) Availability of Instant Pay. We are not able to ensure that all payments are deposited instantly. The speed at which you receive payments will depend on your bank and other factors. If your bank rejects a payment, or it fails in our system, the entire amount available for cashout in your account will be routed to your regular bank account at vault.uber.com, and you will receive the payment typically 1-3 business days later. Any Instant Pay funds not cashed out by 4AM (Local time) on Mondays, or the time we identify, which may be subject to change, will be routed to your regular bank account at vault.uber.com. If you do not have access to Instant Pay, you will continue to receive payments as described in this addendum via direct deposit, provided we have your correct banking information. We are not responsible for any fees from your bank in association with your use of Instant Pay. We reserve the right to block access to Instant Pay at any time for any reason, including for improper use of our Platform, account investigation, deactivation, or further review of Deliveries completed.(c) Third-Party Provider. The Instant Pay functionality is facilitated by a third-party provider of payments services. By using Instant Pay, you are subject to any additional terms and conditions for payment imposed by the third-party provider, which we recommend you review.4.2. Payment terms, fare calculations and payment methods are described in a separate fare addendum, which shall form part of this Agreement. 5. Term and Termination; Effect; Survival5.1. Term. This Agreement is effective as of the date and time you accept it and will continue until terminated by you or us.5.2. Termination by You. You may terminate this Agreement (a) without cause at any time upon seven (7) days prior written notice to Uber; and (b) immediately, without notice for Ubers violation or alleged violation of a material provision of this Agreement. You can find out more about how to delete your account by navigating to help.uber.com. 5.3. Deactivation. You consent to and we may temporarily deactivate your account without notice to investigate whether you have engaged in, or your account has been used in, activity that is deceptive, fraudulent, unsafe, illegal, harmful to our brand, business or reputation, or that violates this Agreement (including the policies incorporated herein by reference, such as the Community Guidelines)(any of the foregoing, a Material Breach or Violation). You also consent to and we may terminate this Agreement or permanently deactivate your account without notice if we determine in our discretion that a Material Breach or Violation has occurred.5.4. Effect of Termination and Survival. Upon termination, each party will remain responsible for its respective liabilities or obligations that accrued before or as a result of such termination. Once the Agreement is terminated you will no longer access our Candidate's Name .6. DISCLAIMERS6.1. WE PROVIDE OUR PLATFORM AND ANY ADDITIONAL PRODUCTS OR SERVICES AS IS AND AS AVAILABLE, WITHOUT GUARANTEE OR WARRANTY OF ANY KIND, AND YOUR ACCESS TO OUR PLATFORM IS NOT GUARANTEED TO RESULT IN ANY DELIVERY REQUESTS. WE DO NOT WARRANT THAT OUR PLATFORM WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR- FREE, OR WILL MEET YOUR REQUIREMENTS, THAT ANY DEFECTS WILL BE CORRECTED, THAT OUR TECHNOLOGY IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS OR LOSSES RESULTING FROM SERVICE INTERRUPTIONS, INCLUDING BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT YOUR ACCESS TO OUR PLATFORM.6.2. WE PROVIDE LEAD GENERATION AND RELATED SERVICES ONLY, AND MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE ACTIONS OR INACTIONS OF THE REQUESTERS RECIPIENTS WHO MAY REQUEST OR ACTUALLY RECEIVE DELIVERIES FROM |
