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Last modified: 31/1/24




The table below outlines the terms and conditions applicable from 1 February
2024. When you accept each of the terms and conditions, you will enter a
separate agreement with the applicable Uber party listed below.

Terms 

Uber party

When do the Terms apply to you?

Uber Technologies, Inc. – Terms and Conditions 

Uber Technologies, Inc. (referred to as “Uber” in our terms and conditions)

These terms apply to you each time you access or use any application, website,
content, product, or service provided by Uber, including:

 * UberX, UberXL, Pool, Assist, Uber Pet, Comfort, and Premier,
 * Uber Eats and Uber Connect, and
 * any other services provided to you by Uber Technologies, Inc. from time to
   time.

Portier Pacific Pty Ltd – Terms and Conditions for Uber Delivery

Portier Pacific Pty Ltd (referred to as “Portier Pacific” in our terms
and conditions)

These terms apply to you each time you request a delivery service from Portier
Pacific, including:

 * any delivery service provided to you by Portier Pacific via Uber Eats or Uber
   Connect, and
 * any other delivery services provided to you by Portier Pacific from time to
   time. 

If you request a delivery service from Portier Pacific via Uber Eats or Uber
Connect, these terms and conditions apply in addition to the Uber Technologies,
Inc. – Terms and Conditions (which continue to apply to services provided by
Uber but do not apply to the delivery services provided by Portier Pacific). 

For clarity, these terms do not apply where a merchant or other third party
provides you with delivery services (including where Portier Pacific has been
subcontracted by the merchant or other third party to deliver items to you), or
where an Uber affiliate provides you with delivery services under a separate
delivery services agreement between you and that Uber affiliate. 

Uber Cado Pty Ltd - Terms and Conditions for Uber Delivery

Uber Cado Pty Ltd (referred to as “Uber Cado” in our terms and conditions)

These terms apply to you each time you request a delivery service from Uber
Cado, including:

 * any delivery service provided to you by Uber Cado via Uber Eats, and
 * any other delivery services provided to you by Uber Cado from time to time.

If you request a delivery service from Uber Cado via Uber Eats, these terms and
conditions apply in addition to the Uber Technologies, Inc. - Terms and
Conditions (which continue to apply to services provided by Uber but do not
apply to the delivery services provided by Uber Cado). 

For clarity, these terms do not apply where an Uber affiliate provides you with
delivery services under a separate delivery services agreement between you and
that Uber affiliate.

By using or placing an order using an Uber branded application or website, or by
accessing services provided via such application or website, you confirm that
you accept the above terms and conditions as applicable and agree that they will
apply to the use of the services described in each of these three sets of terms.
Please read these terms carefully before accessing or using the services.


UBER TECHNOLOGIES, INC. – TERMS AND CONDITIONS – AUSTRALIA

Last updated: 18 December 2023


1. CONTRACTUAL RELATIONSHIP

These Uber Technologies, Inc. – Terms and Conditions – Australia (“Uber Terms”)
govern the access or use by you, an individual, from within any country in the
world (excluding the United States and its territories and possessions and
Mainland China) of applications, websites, content, products, and services (the
“Uber Services”) made available by Uber Technologies, Inc., a company
incorporated in the state of Delaware, United States, and having its offices at
1725 3rd Street, San Francisco, CA 94158, United States (“Uber”).


SCOPE OF THESE UBER TERMS

Uber Services may be provided by Uber or, if specified in these Uber Terms or
any supplemental terms, affiliates of Uber. However, the Uber Services provided
by Uber under these Uber Terms do not include any delivery services. An Uber
affiliate in Australia may offer delivery services in certain circumstances
(“Uber Delivery Services”). If you request Uber Delivery Services that service
will be provided to you under a separate delivery services agreement (“Uber
Delivery Terms”) between you and the Uber affiliate.


PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE UBER SERVICES.

Your access and use of the Uber Services constitutes your agreement to be bound
by these Uber Terms, which establishes a contractual relationship between you
and Uber. If you do not agree to these Uber Terms, you may not access or use the
Uber Services. These Uber Terms expressly supersede prior agreements or
arrangements with you.


SUPPLEMENTAL TERMS

Supplemental terms may apply to certain Uber Services, such as policies for a
particular event, activity or promotion, or a particular category of Uber
Services. Supplemental terms will be provided to you in connection with the
applicable Uber Services.

Any supplemental terms are in addition to, and shall be deemed a part of, the
Uber Terms for the purposes of the applicable Uber Services. Supplemental terms
shall prevail over these Uber Terms in the event of a conflict with respect to
the applicable Uber Services. To avoid doubt, any Uber Delivery Terms accepted
by you are not supplemental terms. If you accept Uber Delivery Terms, a separate
agreement is formed between you and the Uber affiliate identified in the
applicable Uber Delivery Terms for the supply of the relevant Uber
Delivery Services.


AMENDMENTS

Uber may amend the Uber Terms, any supplemental terms or policies (including the
"Community Guidelines", available at
https://www.uber.com/legal/en/document/?name=general-community-guidelines&country=australia&lang=en)
related to the Uber Services from time to time. Uber will provide you with at
least 30 days’ written notice in the event of a material change to any Uber
Terms, policies or supplemental terms that detrimentally affects your rights
under these Uber Terms. Amendments will be effective upon posting of such
updated Uber Terms at this location or the amended supplemental terms or
policies on the applicable Uber Service or at this location (as the case may
be). Your continued access or use of the Uber Services after such posting, or
after the expiry of the notice period (whichever is later), constitutes your
consent to be bound by the Uber Terms, policies and supplemental terms,
as amended.


TERMINATION OR RESTRICTION OF THE UBER SERVICES

Uber may restrict you from accessing or using the Uber Services, or any part of
them, immediately, without notice, in circumstances where Uber reasonably
suspects that:

(a) you have, or are likely to, breach these Uber Terms;

(b) you do not, or are likely not to, qualify, under applicable law or the
standards and policies of Uber, to access and use the Uber Services; and/or

(c) you or others may be at risk of harm as a result of consumption of certain
regulated items (including, but not limited to, alcohol) made available by Third
Party Providers via the Application, which may come about, for example, as a
result of: (i) a report made to Uber (or its affiliate) by a third party; (ii)
delivery refusal (e.g. due to intoxication); and/or (iii) a review of your
purchases of regulated items using the Application.

Uber may terminate these Uber Terms or any Uber Services with respect to you, or
generally cease offering or deny access to the Uber Services or any
portion thereof:

(a) immediately, where Uber reasonably suspects that: (i) you have, or are
likely to, materially breach these Uber Terms; (ii) you do not, or are likely
not to, qualify, under applicable law or the standards and policies of Uber, to
access and use the Uber Services; and/or (iii) you or others may be at risk of
harm as a result of consumption of certain regulated items (including, but not
limited to, alcohol) made available by Third Party Providers via the
Application, which may come about, for example, as a result of: (A) a report
made to Uber (or its affiliate) by a third party; (B) delivery refusal (e.g. due
to intoxication); and/or (C) a review of your purchases of regulated items using
the Application; or

(b) on 30 days’ written notice to you, where Uber, acting reasonably, terminates
these Uber Terms or any Uber Services for any legitimate business, legal or
regulatory reason.

Without limiting its other rights under these Uber Terms, Uber may immediately
restrict or deactivate your access to the Uber Services if you breach the
Community Guidelines at any time.

You may terminate these Uber Terms, or stop using the Uber Services, at any
time, for any reason.


PRIVACY

Our collection and use of personal information in connection with the Uber
Services is as provided in Uber’s Privacy Notice. Uber may provide to a claims
processor or an insurer any necessary information (including your contact
information) if there is a complaint, dispute or conflict, which may include an
accident, involving you and a Third Party Provider (including a transportation
network company driver) and such information or data is necessary to resolve the
complaint, dispute or conflict.


2. THE UBER SERVICES

Uber will provide the Uber Services to you in accordance with these Uber Terms.
The Uber Services constitute the provision of a technology platform that enables
you, as a user of Uber’s applications or websites (each, an “Application”) to:
(a) arrange and schedule certain services with independent third party providers
of those services that have an agreement with Uber or its affiliates (“Third
Party Providers”), including: (i) transportation services from those Third Party
Providers; and (ii) the purchase of items or delivery services from those Third
Party Providers; (b) subject to you accepting the Uber Delivery Terms, purchase
delivery services from an Uber affiliate (in that affiliate’s capacity as a
delivery services provider) under a separate agreement between you and that
affiliate; and (c) facilitate payments to Third Party Providers for the goods
and services provided to you by those parties and receive receipts from an Uber
affiliate for those payments (except where the Third Party Provider is issuing
the receipt directly to you).

The Uber Services are made available solely for your personal, non-commercial
use, unless Uber has agreed with you otherwise in a separate agreement. You
acknowledge that: (a) Uber does not provide transportation services or function
as a transportation carrier; (b) all such transportation services are provided
by independent third party contractors who are not employed by Uber or any of
its affiliates; (c) Uber does not provide delivery services; and (d) delivery
services may be provided by an Uber affiliate (in its capacity as a delivery
services provider) in accordance with the Uber Delivery Terms or a Third Party
Provider, if you have purchased delivery services from that Uber affiliate (in
its capacity as a delivery services provider) or Third Party Provider via an
Application. Uber accepts liability for the Uber Services and Application that
it provides to you subject to these Uber Terms. Third Party Providers are solely
responsible for the services they provide to you. If an Uber affiliate provides
Uber Delivery Services to you, that affiliate is solely responsible for the Uber
Delivery Services it provides to you in accordance with the Uber Delivery Terms.


LICENCE

Subject to your compliance with these Uber Terms, Uber grants you a limited,
non-exclusive, non-sublicensable, revocable, non-transferrable licence to: (i)
access and use the Applications on your personal device solely in connection
with your use of the Uber Services; and (ii) access and use any content,
information and related materials that may be made available through the Uber
Services, in each case solely for your personal, non-commercial use. Any rights
not expressly granted herein are reserved by Uber and Uber’s licensors.


RESTRICTIONS

You may not: (i) remove any copyright, trade mark or other proprietary notices
from any portion of the Uber Services; (ii) reproduce, modify, prepare
derivative works based upon, distribute, license, lease, sell, resell, transfer,
publicly display, publicly perform, transmit, stream, broadcast or otherwise
exploit the Uber Services except as expressly permitted by Uber; (iii)
decompile, reverse engineer or disassemble the Uber Services except as may be
permitted by applicable law; (iv) link to, mirror or frame any portion of the
Uber Services; (v) cause or launch any programs or scripts for the purpose of
scraping, indexing, surveying, or otherwise data mining any portion of the Uber
Services or unduly burdening or hindering the operation and/or functionality of
any aspect of the Uber Services; or (vi) attempt to gain unauthorised access to
or impair any aspect of the Uber Services or its related systems or networks.


PROVISION OF THE UBER SERVICES

You acknowledge that portions of the Uber Services may be made available under
Uber’s various brands or request options associated with transportation or
delivery services, including the transportation request brands currently
referred to as “Uber,” “UberX,” “UberXL,” “Pool,” “Assist,” “Uber Pet,”
“Comfort,” and “Premier” and the delivery request brands currently referred to
as “Uber Eats” and “Uber Connect”. However, you also acknowledge that any Uber
Delivery Services ordered via “Uber Eats” or “Uber Connect” will be separately
provided under the applicable Uber Delivery Terms by the Uber affiliate
identified in those terms (in its capacity as a delivery services provider).

You also acknowledge that the Uber Services may be made available under such
brands or request options by or in connection with: (i) certain of Uber’s
subsidiaries and affiliates; or (ii) independent Third Party Providers,
including transportation network company drivers, transportation charter permit
holders or holders of similar transportation permits, authorisations
or licences.


THIRD PARTY SERVICES AND CONTENT

The Uber Services may be made available or accessed in connection with third
party services and content (including advertising) that Uber does not control.
Once you click on a link to third-party services or content, you will be subject
to the terms and conditions and privacy policy of that website, destination, or
third-party service provider. Uber will not warn you that you have left the Uber
Services or that you are subject to the terms and conditions (including privacy
policies) of another website, destination, or third-party service provider. You
use all links in third-party websites and advertisements at your own risk as
these are not part of the Uber Services and are not controlled by Uber. You
acknowledge that different terms of use and privacy policies may apply to your
use of such third party services and content. Uber does not endorse such third
party services and content and in no event shall Uber be responsible or liable
for any products or services of such third party providers.


OWNERSHIP

The Uber Services and all rights therein are and shall remain Uber’s property or
the property of Uber’s licensors. Neither these Uber Terms nor your use of the
Uber Services convey or grant to you any rights: (i) in or related to the Uber
Services except for the limited licence granted above; or (ii) to use or
reference in any manner Uber’s company names, logos, product and service names,
trademarks or services marks or those of Uber’s licensors.


UBER ACTIVE AREA

The goods and services that you may request using the Uber Services are
available in designated areas as communicated via the Application from time to
time (“Uber Active Area”). Uber does not guarantee that you will be able to use
the Uber Services to request any such goods and services in the Uber Active Area
at all times.


3. YOUR USE OF THE UBER SERVICES


USER ACCOUNTS

In order to use most aspects of the Uber Services, you must register for and
maintain an active personal user Uber Services account (“Account”). You must be
at least 18 years of age, or the age of legal majority in your jurisdiction (if
different than 18), to obtain an Account, unless a specific Uber Service permits
otherwise. Account registration requires you to submit to Uber certain personal
information, such as your name, address, mobile phone number and age, as well as
at least one valid payment method (either a credit card or accepted payment
partner). You agree to maintain accurate, complete, and up-to-date information
in your Account. Your failure to maintain accurate, complete, and up-to-date
Account information, including having an invalid or expired payment method on
file, may result in your inability to access or use the Uber Services. You are
responsible for all activity that occurs under your Account, and you agree to
maintain the security and secrecy of your Account username and password at all
times. Unless otherwise permitted by Uber in writing, you may only possess
one Account.


USER REQUIREMENTS AND CONDUCT

The Uber Services are not available for use by persons under the age of 18. You
may not authorise third parties to use your Account, and you may not allow
persons under the age of 18 to receive: (i) transportation services from Third
Party Providers unless they are accompanied by you; or (ii) delivery services
from Third Party Providers or any Uber affiliate (in its capacity as a delivery
services provider) unless permitted by you, and you agree to take full
responsibility for their acts or omissions. You may not assign or otherwise
transfer your Account to any other person or entity. You agree to comply with
all applicable laws when accessing or using the Uber Services, and you may only
access or use the Uber Services for lawful purposes (e.g., no transport of
unlawful or hazardous materials) and in accordance with these Uber Terms. You
will not, in your use of the Uber Services, cause nuisance, annoyance,
inconvenience, or property damage, whether to the Third Party Provider or any
other party, including Uber, its affiliates or any of their employees, agents or
contractors. In certain instances you may be asked to provide proof of identity
or other method of identity verification to access or use the Uber Services, and
you agree that you may be denied access to or use of the Uber Services if you
refuse to provide proof of identity or other method of identity verification.


GUEST USERS

If you have an Account, you may not allow third parties to receive
transportation services from Third Party Providers arranged through your Account
unless they are accompanied by you or unless such services are accessed through
the “Guest Riders” request option. You must not request any transportation
services under the “Guest Riders” request option for any individuals who: (a)
are under 18 years of age; or (b) have had their access to the Uber Services
restricted or deactivated due to a breach of these terms or the Community
Guidelines. If you request transportation services for another individual
(“Guest User”) using the “Guest Riders” request option, you acknowledge and
agree that: (a) you are responsible for all acts or omissions of the Guest User
in connection with the services; (b) all information provided by you to Uber
regarding the Guest User, including name and contact details, is accurate and
complete; and (c) you have obtained the Guest User’s consent to: (i) Uber or its
affiliates collecting the Guest User’s personal information from you, and
sharing such personal information with Third Party Providers and other parties,
for the purpose of facilitating access to the services; (ii) receiving SMS
messages and emails from Uber, or otherwise being contacted by Uber, in
connection with the services; and (iii) Uber providing you with the Guest User’s
detailed trip information, including real-time trip status and location.


COMMERCIAL ELECTRONIC MESSAGING

By creating an Account or accessing the Uber Services, you agree that Uber or
its affiliates may send you commercial electronic messages (including email, SMS
or push notifications, where applicable) as part of the normal business
operation of your use of the Uber Services. You agree that Uber and its
affiliates are not required to include an unsubscribe message in commercial
electronic messages where it may be impracticable (including for push
notifications). However, you may opt-out of receiving commercial electronic
messages from Uber at any time by following the directions found at
http://t.uber.com/unsub-preference. You also acknowledge that opting out of
receiving commercial electronic messages may impact your use of the Uber
Services. You cannot unsubscribe from transactional messages, including trip
receipts and support responses. These communications are important for
your experience.


PROMOTIONAL CODES

An Uber affiliate may, in its sole discretion, create promotional codes that may
be redeemed for Account credit, or other features or benefits related to a Third
Party Provider’s services, subject to any additional terms that the Uber
affiliate establishes on a per promotional code basis (“Promo Codes”). You agree
that Promo Codes: (i) must be used for the intended audience and purpose, and in
a lawful manner; (ii) may not be duplicated, sold or transferred in any manner,
or made available to the general public (whether posted to a public form or
otherwise), unless expressly permitted by the Uber affiliate; (iii) may, as
permitted by law, be disabled by Uber or its affiliate at any time without
liability to Uber or its affiliate; (iv) may only be used pursuant to the
specific terms that the Uber affiliate establishes for such Promo Code; (v) are
not valid for cash; and (vi) may expire prior to your use. The Uber affiliate
reserves the right to withhold or deduct credits or other features or benefits
obtained through the use of Promo Codes by you or any other user in the event
that the Uber affiliate reasonably determines or believes that the use or
redemption of the Promo Code was in error, fraudulent, illegal, or in violation
of the applicable Promo Code terms or these Uber Terms. This section does not
apply to promotional codes for Uber Delivery Services. Instead, the Uber
Delivery Terms apply to those promotional codes.


USER PROVIDED CONTENT

Uber may, in Uber’s sole discretion, permit you from time to time to submit,
upload, publish or otherwise make available to Uber through the Uber Services
textual, audio, and/or visual content and information, including commentary and
feedback related to the Uber Services, Delivery People and Third Party
Providers, initiation of support requests, and submission of entries for
competitions and promotions (“User Generated Content”). All User Generated
Content is subject to the User Generated Content Terms, including provisions on
ownership and usage rights.


NETWORK ACCESS AND DEVICES

You are responsible for obtaining the data network access necessary to use the
Uber Services. Your mobile network’s data and messaging rates and fees may apply
if you access or use the Uber Services from a wireless-enabled device and you
shall be responsible for such rates and fees. You are responsible for acquiring
and updating compatible hardware or devices necessary to access and use the Uber
Services and Applications and any updates thereto. Uber does not guarantee that
the Uber Services, or any portion thereof, will function on any particular
hardware or devices. In addition, the Uber Services may be subject to
malfunctions and delays inherent in the use of the Internet and
electronic communications.


4. PAYMENT

You understand that use of the Uber Services may result in charges to you for
the services or goods you receive from a Third Party Provider (“Third Party
Charges”). Uber will facilitate your payment of the applicable Third Party
Charges on behalf of the Third Party Provider. Payment of the Third Party
Charges in such manner shall be considered the same as payment made directly by
you to the Third Party Provider. Third Party Charges will be inclusive of
applicable taxes where required by law. Third Party Charges paid by you are
final and non-refundable, unless otherwise determined by Uber or required by the
Australian Consumer Law. Under the Australian Consumer Law, you may be entitled
to a refund for a major failure of the Uber Services, or other remedies for a
minor failure. You retain the right to request lower Third Party Charges from a
Third Party Provider for transportation services received by you from such Third
Party Provider at the time you receive such transportation services. An Uber
affiliate will respond accordingly to any request from a Third Party Provider to
modify the Third Party Charges for a particular service or good.

All Third Party Charges are due immediately and payment will be facilitated by
Uber using the preferred payment method designated in your Account, after which
you will be sent a receipt by email (except where the Third Party Provider is
issuing the receipt directly to you). If your primary Account payment method is
determined to be expired, invalid or otherwise not able to be charged, you agree
that Uber may, on behalf of Third Party Provider, use a secondary payment method
in your Account, if available.

You acknowledge that an Uber affiliate may, acting reasonably, establish, remove
and/or revise Third Party Charges for any or all services or goods obtained
through the use of the Uber Services at any time at the direction of the Third
Party Provider or otherwise in the Uber affiliate’s discretion, including in
certain circumstances such as where you choose an additional service that incurs
an additional charge, or an item you requested is out of stock. Further, you
acknowledge and agree that Third Party Charges applicable in certain
geographical areas may increase substantially during times of high demand. Uber
will use reasonable efforts to ensure the Uber affiliate informs you of Third
Party Charges that may apply, provided that you will be responsible for Third
Party Charges incurred under your Account. You acknowledge that an Uber
affiliate may from time to time provide certain users with Promo Codes that may
result in different amounts charged for the same or similar services or goods
obtained through the use of the Uber Services, and you agree that such Promo
Codes are provided to you for no fee, have no monetary value, cannot be redeemed
for cash, are not exchangeable or transferable and, unless also made available
to you, shall have no bearing on your use of the Uber Services or the Third
Party Charges applied to you.

This payment structure is intended to fully compensate the Third Party Provider
for the services or goods provided. You understand and agree that, while you are
free to provide additional payment as a gratuity to any Third Party Provider who
provides you with services or goods obtained through the Uber Services, you are
under no obligation to do so. Gratuities are voluntary. After you have received
services or goods obtained through the Uber Services, you will have the
opportunity to rate your experience and leave additional feedback about your
Third Party Provider.


CANCELLATIONS

You may elect to cancel your request for transportation services from a Third
Party Provider at any time prior to such Third Party Provider’s arrival, in
which case you may be charged a cancellation fee, subject to Uber’s or its
affiliate’s cancellation policies. If the transportation services are cancelled
for any reason not attributed to you in accordance with Uber’s or its
affiliate’s cancellation policies, you will be entitled to a refund for any
charges paid.

If you purchase items or items and delivery services from a Third Party
Provider, other than from a Third Party Provider who sells non-restaurant food
items including, for example, items from grocery, convenience, alcohol,
specialty goods such as florists or butchers, pharmacy and/or pet stores
(“Non-Restaurant Food Items”), you may cancel your order at any time. After five
(5) minutes from placing your order, you will no longer be able to cancel your
order without incurring a charge, which will be no more than the full price for
your ordered items. If you cancel your order after the delivery has begun, you
will also be charged the full price for the delivery services purchased from the
Third Party Provider.

If you purchase items or items and delivery services from a Third Party Provider
who sells Non-Restaurant Food Items, you may cancel your order at any time. If
you cancel your order after the delivery has begun, you will incur a charge
which will be no more than the full price for your ordered items and the full
price of the delivery services purchased from the Third Party Provider.

Uber may, in Uber's sole discretion, waive in part or full, an applicable
cancellation charge in relation to your purchase of items or items and delivery
services from a Third Party Provider in certain circumstances. A request for any
such waiver must be made via an Uber affiliate’s customer support service.

If any delivery services provided by a Third Party Provider fail or are
cancelled for reasons that Uber determines, acting reasonably, are attributed to
you (for example, you provided an incorrect delivery address) you will be
charged no more than the full price for both the items and any delivery services
purchased from the Third Party Provider. If any delivery services provided by a
Third Party Provider fail or are cancelled for any reason that Uber determines,
acting reasonably, are not attributed to you, you will be entitled to a refund
for any charges paid for those delivery services.

The terms and conditions that apply to charges for Uber Delivery Services
provided by an Uber affiliate are set out in the Uber Delivery Terms.

If you have other issues with any items or services provided by a Third Party
Provider, Uber or its affiliate will manage your complaint in accordance with
the complaints process set out in section 6.

Nothing in this section is intended to limit your rights as a consumer,
including your entitlement to a refund or other applicable remedies, under the
Australian Consumer Law.


REPAIR OR CLEANING FEES

You shall be responsible for the cost of repair for damage to, or necessary
cleaning of, Third Party Provider vehicles and property resulting from use of
the Uber Services under your Account in excess of normal “wear and tear“ damages
and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party
Provider reports the need for Repair or Cleaning, and such Repair or Cleaning
request is verified by an Uber affiliate in the affiliate’s reasonable
discretion, Uber reserves the right to facilitate payment for the reasonable
cost of such Repair or Cleaning on behalf of the Third Party Provider using your
payment method designated in your Account. Such amounts will be transferred by
Uber to the applicable Third Party Provider and are non-refundable.


5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY


LIMITATION SUBJECT TO LOCAL CONSUMER LAW

The limitations and disclaimer in this section 5 do not purport to limit
liability or alter your rights as a consumer that cannot be excluded under
applicable law, including any of the non-excludable requirements of the
Australian Consumer Law.


APPLICATION TO UBER AND ITS AFFILIATES

The limitations and disclaimer in this section 5 apply to the liability of Uber
and its affiliates under these Uber Terms, including in relation to any of the
Uber Services. Neither Uber nor any of its affiliates will be liable under or in
connection with these Uber Terms for any Uber Delivery Services. However, if an
Uber affiliate provides Uber Delivery Services to you, the Uber affiliate
identified in the applicable Uber Delivery Terms will be exclusively liable to
you for Uber Delivery Services in accordance with those terms.


DISCLAIMER

Except as required of Uber and its affiliates under the consumer guarantees, the
Uber Services are provided “as is” and “as available”. Uber and its affiliates
disclaim all representations and warranties, express, implied or statutory, not
expressly set out in these Uber Terms (including any supplemental terms, where
applicable), including any implied warranties of merchantability, fitness for a
particular purpose and non-infringement, and make no representation, warranty,
or guarantee regarding the reliability, timeliness, quality, suitability or
availability of the Uber Services or any services or goods requested by you or
on your behalf through the use of the Uber Services, or that the Uber Services
will be uninterrupted or error-free. Uber and its affiliates do not guarantee
the quality, suitability, safety or ability of Third Party Providers or an Uber
affiliate (in its role as a delivery services provider). You agree that the
entire risk arising out of your use of the Uber Services, and any services or
goods requested by you or on your behalf through the use of the Uber Services,
remains solely with you, to the maximum extent permitted under applicable law,
including the Australian Consumer Law.


LIABILITY

LIMITATION OF LIABILITY

If you are acquiring the goods or services as a consumer, Uber's liability for a
failure to comply with a consumer guarantee is limited to: (a) in the case of
goods supplied to you as part of the Uber Services, the replacement of the
relevant goods or the repair of the goods, or the payment of the cost of
replacing the goods or of acquiring equivalent goods; and (b) in the case of
services supplied to you as part of the Uber Services, the supply of the
relevant services again, or the payment of the cost of resupplying the services.

In no event shall Uber’s or its affiliates’ total combined liability to you in
connection with the Uber Services for all damages, losses and causes of action
(whether in contract, in tort (including negligence), in equity, by operation of
law or otherwise) exceed one thousand Australian dollars (AUD $1,000).

EXCLUSION OF LIABILITY

Uber’s and its affiliates’ liability to you for a breach of any condition,
warranty or term of these Uber Terms that is not a breach of a consumer
guarantee is also limited in the following way: Uber and its affiliates shall
not be liable for indirect, incidental, special, exemplary, punitive or
consequential damages, including lost profits, lost data, death, personal injury
or property damage related to, in connection with, or otherwise resulting from
any use of the Uber Services, even if Uber or its affiliate has been advised of
the possibility of such damages. Uber and its affiliates shall not be liable for
any damages, liability or losses arising out of: (i) your use of or reliance on
the Uber Services or your inability to access or use the Uber Services; or (ii)
any transaction or relationship between you and any Third Party Provider or Uber
affiliate (in its role as a delivery services provider), even if Uber or its
affiliate has been advised of the possibility of such damages. Uber and its
affiliates shall not be liable for delay or failure in performance resulting
from causes beyond Uber’s or its affiliates’ reasonable control. You acknowledge
that third party transportation providers providing transportation services
requested through some request brands may offer ridesharing or peer-to-peer
transportation services and may not be professionally licensed or permitted.

THIRD PARTY GOODS AND SERVICES

Uber Services may be used by you to request and schedule transportation, goods
from Third Party Providers or delivery services from Third Party Providers or an
Uber affiliate, but you agree that Uber has no responsibility or liability to
you related to any transportation, goods or delivery services provided to you by
Third Party Providers or any Uber affiliate (in its capacity as a delivery
services provider) other than as expressly set forth in these Uber Terms or the
Uber Delivery Terms.


COMPLAINTS

Uber or its affiliate will maintain a complaints management framework, and will
manage this framework for Uber and its affiliates, and on behalf of Third Party
Providers, in a reasonable way and in accordance with the non-excludable
requirements of the Australian Consumer Law.


INDEMNITY

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 reasonable attorneys’ fees) arising
out of or in connection with: (i) your use of the Uber Services or services or
goods obtained through your use of the Uber Services; (ii) your breach or
violation of any of these Uber Terms; (iii) Uber’s use of your User Generated
Content; or (iv) your violation of the rights of any third party, including
Third Party Providers (“Losses”).

Your liability under this clause shall be reduced proportionately if, and to the
extent that, Uber or its affiliate directly caused or contributed to any
such Losses.


6. GOVERNING LAW; DISPUTE RESOLUTION

There are a number of mechanisms available to you to resolve any dispute,
conflict, claim or controversy arising out of or broadly in connection with or
relating to the Uber Services or these Uber Terms, including those relating to
its validity, its construction or its enforceability (any “Dispute”). Uber or
its affiliate operates a complaints process to allow you to make complaints
about Uber, an Uber affiliate (in its capacity as delivery service provider) or
Third Party Providers, and Uber or its affiliate also manages refunds to you in
relation to those complaints. Uber or its affiliate will operate this complaints
process in a reasonable manner. In addition, you may have rights to make a
complaint to fair trading or consumer law bodies in relation to applicable
consumer laws, including the non-excludable portions of the Australian
Consumer Law.

Except as otherwise set forth in these Uber Terms, these Uber Terms shall be
exclusively governed by and construed in accordance with the laws of New South
Wales, Australia, excluding its rules on conflicts of laws. The Vienna
Convention on the International Sale of Goods of 1980 (CISG) shall not apply. In
the event of a Dispute, either party may file an action in the courts of New
South Wales, Australia or pursue final and binding arbitration or other
alternative dispute resolution as agreed upon by the parties.

Any proceedings, including documents and briefs submitted by the parties,
correspondence from a mediator, and correspondence, order and awards issued by
an 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
set out in these Uber Terms.


7. OTHER PROVISIONS


CLAIMS OF COPYRIGHT INFRINGEMENT

Claims of copyright infringement should be sent to Uber’s designated agent.
Please visit Uber’s web page at https://www.uber.com/legal for the designated
address and additional information.


NOTICE

Uber may give notice by means of a general notice on the Uber Services,
electronic mail to your email address in your Account, or by written
communication sent to your address as set forth in your Account. You may give
notice to Uber by written communication to Uber’s address at Attn: Legal
Department, 1725 3rd Street, San Francisco, CA 94158, United States.


APP STORES

You acknowledge and agree that the availability of the Applications may be
dependent on the third party from which you received the Application’s license,
e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and
agree that these Uber Terms are between you and Uber and not with the App Store
and that Uber is responsible for the provision of Uber Services as described in
these Uber Terms. However, if you downloaded the Application from the Apple App
Store, Apple and its subsidiaries are third-party beneficiaries of these Uber
Terms. Upon your acceptance of these Uber Terms, Apple shall have the right (and
will be deemed to have accepted the right) to enforce these Uber Terms against
you as a third-party beneficiary thereof. These Uber Terms incorporate by
reference Apple’s Licensed Application End User License Agreement, for purposes
of which, you are “the end-user”. In the event of a conflict in the terms of the
Licensed Application End User License Agreement and these Uber Terms, these Uber
Terms will control.


GENERAL

You may not assign or transfer these Uber Terms in whole or in part without
Uber’s prior written approval. You give your approval to Uber for it to assign
or transfer these Uber Terms in whole or in part, including to: (i) a subsidiary
or affiliate; (ii) an acquirer of Uber’s equity, business or assets; or (iii) a
successor by merger. No joint venture, partnership, employment or agency
relationship exists between you, Uber or any Third Party Provider as a result of
the contract between you and Uber or use of the Uber Services.

If any provision of these Uber Terms is held to be illegal, invalid or
unenforceable, in whole or in part, under any law, such provision or part
thereof shall to that extent be deemed not to form part of these Uber Terms but
the legality, validity and enforceability of the other provisions in these Uber
Terms shall not be affected. In that event, the parties shall replace the
illegal, invalid or unenforceable provision or part thereof with a provision or
part thereof that is legal, valid and enforceable and that has, to the greatest
extent possible, a similar effect as the illegal, invalid or unenforceable
provision or part thereof, given the contents and purpose of these Uber Terms.
These Uber Terms, including any incorporated policies, constitute the entire
agreement and understanding of the parties with respect to its subject matter
and replaces and supersedes all prior or contemporaneous agreements or
undertakings regarding such subject matter. Nothing in this clause limits your
rights as a consumer that cannot be excluded under applicable law, including the
Australian Consumer Law. In these Uber Terms, the words “including” and
“include” mean “including, but not limited to”.




PORTIER PACIFIC PTY LTD – TERMS AND CONDITIONS FOR UBER DELIVERY – AUSTRALIA

Last updated: 18 December 2023

By using or placing an order for delivery services provided to you by Portier
Pacific via an Uber branded application or website, you confirm that you accept
these terms and conditions and agree that they will apply to you each time you
request an Uber Delivery Service (as defined below). Uber Delivery Services
include delivery services provided by Portier Pacific when you use Uber Eats or
Uber Connect, but do not include third party delivery services provided by
merchants or restaurants (including where they are provided by merchants or
restaurants via any Uber branded application or website) or delivery services
provided by an Uber affiliate under a separate delivery services agreement
between you and that Uber affiliate. Please read these terms carefully before
requesting any Uber Delivery Service.  

The services provided by Uber Technologies, Inc. (referred to as “Uber” in these
terms and conditions) are not changing though. Uber continues to own, and
provide you with the right to use and access, the Uber and Uber Eats website and
apps. The Uber Technologies, Inc. Terms and Conditions (set out above) apply to
the use of these other services.


1. CONTRACTUAL RELATIONSHIP

These Portier Pacific Pty Ltd – Terms and Conditions for Uber Delivery -
Australia (“Uber Delivery Terms”) govern your use of, and the provision of, Uber
Delivery Services (as defined below) requested using an Uber branded application
or website, which are provided by Portier Pacific Pty Ltd ABN 28 622 365 459, an
Australian company registered in New South Wales (“Portier Pacific”). Portier
Pacific is an affiliate of Uber Technologies, Inc., a company incorporated in
the state of Delaware, United States, and having its offices at 1725 3rd Street,
San Francisco, CA 94158, United States  (“Uber”).


SCOPE OF THESE UBER DELIVERY TERMS

These Uber Delivery Terms apply to the provision of delivery services by Portier
Pacific to you, which are offered to you via an Uber branded application or
website (“Uber Delivery Services”). The Uber Delivery Services provided by
Portier Pacific under these Uber Delivery Terms do not include any of the
services provided by Uber under the Uber Technologies, Inc. – Terms and
Conditions, available here (“Uber Terms”). The Uber Terms apply to the access or
use by you of any application, website, content, product, or service made
available by Uber under the Uber Terms (“Uber Services”).

In addition, the Uber Delivery Services do not include the purchase of:

 * any items or delivery services offered by independent third party providers
   of goods and services via Uber branded applications or websites
   (“Merchants”), including where those delivery services are provided by
   Portier Pacific as a subcontractor of the applicable Merchant. In some cases,
   Merchants may offer delivery services via an Uber branded application or
   website (“Merchant Delivery”). Portier Pacific will let you know when your
   order will be fulfilled by Merchant Delivery. If you purchase items or
   delivery services from Merchants via an Uber branded application or website,
   that sale and purchase takes place directly between you and the Merchant, and
   is subject to the Uber Terms (as the Merchant is a “Third Party Provider”
   under the Uber Terms) but is not subject to these Uber Delivery Terms; or
 * any delivery services offered by an Uber affiliate via Uber branded
   applications or websites. In some cases, an Uber affiliate may offer delivery
   services via an Uber branded application or website (“Uber Affiliate
   Delivery”). If you purchase delivery services from an Uber affiliate via an
   Uber branded application or website, that sale and purchase takes place
   directly between you and the Uber affiliate, and is subject to a separate
   delivery services agreement between you and that Uber affiliate but is not
   subject to these Uber Delivery Terms.


PLEASE READ THESE UBER DELIVERY TERMS CAREFULLY BEFORE ACCESSING OR USING THE
UBER SERVICES TO REQUEST AN UBER DELIVERY SERVICE, AS THEY CONSTITUTE A SEPARATE
LEGAL AGREEMENT BETWEEN YOU AND PORTIER PACIFIC.

Your access and use of the Uber Services to request an Uber Delivery Service
constitutes your agreement to be bound by these Uber Delivery Terms, which
establishes a contractual relationship between you and Portier Pacific. If you
do not agree to these Uber Delivery Terms, you may not access or use the Uber
Services to request an Uber Delivery Service. These Uber Delivery Terms
expressly supersede prior agreements or arrangements with you in relation to
Uber Delivery Services.

Your contractual relationship with Portier Pacific is separate (and in addition)
to your contractual relationship with Uber under the Uber Terms. For the
avoidance of doubt, your access to and use of the Uber Services continues to be
governed by your separate agreement with Uber under the Uber Terms.


SUPPLEMENTAL TERMS

Supplemental terms may apply to certain Uber Delivery Services, such as policies
for a particular event, activity or promotion, or a particular category of Uber
Delivery Services. Supplemental terms will be provided to you in connection with
the applicable Uber Delivery Services.

Any supplemental terms are in addition to, and shall be deemed a part of, the
Uber Delivery Terms for the purposes of the applicable Uber Delivery Services.
Supplemental terms shall prevail over these Uber Delivery Terms in the event of
a conflict with respect to the applicable Uber Delivery Services.


AMENDMENTS

Portier Pacific may amend the Uber Delivery Terms and any supplemental terms or
policies related to the Uber Delivery Services from time to time. Portier
Pacific will provide you with at least 30 days’ written notice in the event of a
material change to any Uber Delivery Terms, policies or supplemental terms that
detrimentally affects your rights under these Uber Delivery Terms. Amendments
will be effective upon posting of such updated Uber Delivery Terms at this
location or the amended supplemental terms or policies on the applicable Uber
Delivery Services or at this location (as the case may be). Your continued
access or use of the Uber Delivery Services after such posting, or after the
expiry of the notice period (whichever is later), constitutes your consent to be
bound by the Uber Delivery Terms, policies and supplemental terms, as amended.


TERMINATION OR RESTRICTION OF THE UBER DELIVERY SERVICES

Portier Pacific may restrict you from accessing or using the Uber Delivery
Services, or any part of them, immediately, without notice, in circumstances
where Portier Pacific reasonably suspects that:

(a) you have, or are likely to, breach these Uber Delivery Terms;

(b) you do not, or are likely not to, qualify, under applicable law or the
standards and policies of Portier Pacific, to access and use the Uber Delivery
Services; and/or

(c) you or others may be at risk of harm as a result of consumption of certain
regulated items (including, but not limited to, alcohol) made available by Third
Party Providers via the Application, which may come about, for example, as a
result of: (i) a report made to Portier Pacific (or its affiliate) by a third
party; (ii) delivery refusal (e.g. due to intoxication); and/or (iii) a review
of your purchases of regulated items using the Application.

Portier Pacific may terminate these Uber Delivery Terms or any Uber Delivery
Services with respect to you, or generally cease offering or deny access to the
Uber Delivery Services or any portion thereof:

(a) immediately, where Portier Pacific reasonably suspects that: (i) you have,
or are likely to, materially breach these Uber Delivery Terms; (ii) you do not,
or are likely not to, qualify, under applicable law or the standards and
policies of Portier Pacific, to access and use the Uber Delivery Services;
and/or (iii) you or others may be at risk of harm as a result of consumption of
certain regulated items (including, but not limited to, alcohol) made available
by Third Party Providers via the Application, which may come about, for example,
as a result of: (A) a report made to Portier Pacific (or its affiliate) by a
third party; (B) delivery refusal (e.g. due to intoxication); and/or (C) a
review of your purchases of regulated items using the Application; or

(b) on 30 days’ written notice to you, where Portier Pacific, acting reasonably,
terminates these Uber Delivery Terms or any Uber Delivery Services for any
legitimate business, legal or regulatory reason.

Without limiting its other rights under these Uber Delivery Terms, Portier
Pacific may immediately restrict or deactivate your access to the Uber Delivery
Services if you breach the "Community Guidelines" (available at
https://www.uber.com/legal/en/document/?name=general-community-guidelines&country=australia&lang=en)
at any time.

You may terminate these Uber Delivery Terms, or stop using the Uber Delivery
Services, at any time, for any reason.


PRIVACY

Our collection and use of personal information in connection with the Uber
Delivery Services is as provided in Uber’s Privacy Notice. Portier Pacific may
provide to a claims processor or an insurer any necessary information (including
your contact information) if there is a complaint, dispute or conflict, which
may include an accident, involving you and a Merchant or other third party
provider and such information or data is necessary to resolve the complaint,
dispute or conflict.


2. THE UBER DELIVERY SERVICES

Portier Pacific will provide the Uber Delivery Services to you in accordance
with these Uber Delivery Terms. The Uber Delivery Services constitute the
provision of the delivery component of the following services:

 * “Uber Eats”, which allows you to place orders for Items (as defined below)
   and request delivery of those Items, as set out in section 3.1 of these Uber
   Delivery Terms. To avoid doubt, the Uber Delivery Services do not include the
   delivery component where you have chosen Merchant Delivery or Uber
   Affiliate Delivery;
 * “Uber Connect”, which allows you to request delivery of Packages (as defined
   below), as set out in section 3.2 of these Uber Delivery Terms; and
 * any other delivery services provided to you by Portier Pacific from time to
   time, as set out in applicable supplemental terms.

For clarity, the Uber Delivery Services do not include Merchant Delivery,
including where delivery services are provided by Portier Pacific as a
subcontractor of the applicable Merchant. The Uber Delivery Services also do not
include Uber Affiliate Delivery.

The Uber Delivery Services are made available solely for your personal,
non-commercial use, unless Portier Pacific has agreed with you otherwise in a
separate agreement. You acknowledge that all Uber Delivery Services will be
provided by Portier Pacific. Portier Pacific accepts liability for delivery
services provided by it in accordance with these Uber Delivery Terms. Merchants
are solely responsible for the goods and services they provide to you (including
the provision of items or delivery services by that Merchant). If an Uber
affiliate provides delivery services to you, that Uber affiliate is solely
responsible for the delivery services they provide to you in accordance with the
separate delivery services agreement between you and that Uber affiliate.


3. YOUR USE OF THE UBER DELIVERY SERVICES


3.1 UBER DELIVERY SERVICES – UBER EATS

This section sets out the additional obligations that apply if you request an
Eats Delivery Service via the Uber Eats App. These terms apply in addition to
any other rights or obligations set out in these Uber Delivery Terms.

Uber Eats allows you to place orders for food, beverages or other items
(“Items”) and request the delivery of those Items by Portier Pacific, using the
Uber Eats mobile and web-based applications and other interfaces offered by Uber
(“Uber Eats App”) as described below. Uber Eats is made available via the Uber
Eats App, and is subject to the Uber Terms. However any Uber Delivery Services
you order in connection with Uber Eats is subject to these Uber Delivery Terms.


EATS DELIVERY SERVICES; MERCHANT DELIVERY AND PICKUP

Once you have been provided access to the Uber Eats App by Uber (in its capacity
as licensor of the Uber branded applications and websites), you may place orders
for Items using the Uber Eats App. You may also request via the Uber Eats App
that Items be delivered by Portier Pacific (“Eats Delivery Services”).

You may also be able to place orders via the Uber Eats App provided by Uber (in
its capacity as licensor of the Uber branded applications and websites) that do
not require Uber Delivery Services, such as pickup, Merchant Delivery or Uber
Affiliate Delivery. The Uber Terms between you and Uber (in its capacity as
licensor of the Uber branded applications and websites) apply to the sale and
purchase of any items or delivery services provided by the Merchant to you. The
delivery services agreement between you and the applicable Uber affiliate
applies to the sale and purchase of any delivery services provided by that Uber
affiliate to you.

Eats Delivery Services are offered in designated areas as communicated via the
Uber Eats App from time to time (“Eats Active Area”). Portier Pacific does not
guarantee that the Eats Delivery Services will be available in the Eats Active
Area at all times.


IF YOU CHOOSE EATS DELIVERY SERVICES

If you choose Eats Delivery Services, Uber Delivery Services will be provided by
Portier Pacific and you will be charged by Portier Pacific for the Eats Delivery
Services. Portier Pacific may subcontract a “Delivery Person” to undertake the
Eats Delivery Services. A Delivery Person is not an employee of Portier Pacific
or any of its affiliates and may delegate to another person to provide such
delivery services on their behalf. References in these Uber Delivery Terms to
“Delivery Person“ include (where the context requires) references to a delegate
of a Delivery Person.

For each delivery provided under the Eats Delivery Service, Portier Pacific will
endeavour to ensure that your Items are delivered to you as soon as reasonably
possible. Unfortunately, independent factors such as traffic and weather, as
well as the actions or inactions of Merchants or other third parties may cause
delays in the provision of Eats Delivery Services.


TITLE AND RISK

You acknowledge that neither Portier Pacific nor its affiliates nor any Delivery
Person takes any title to Items. Portier Pacific will have control and care of
the Item in accordance with these Uber Delivery Terms until the Eats Delivery
Services are completed or otherwise end or are cancelled.


3.2 UBER DELIVERY SERVICES – UBER CONNECT

This section sets out the additional obligations that apply if you request a
Connect Delivery Service via the Uber App. These terms apply in addition to any
other rights or obligations set out in these Uber Delivery Terms.

Uber Connect allows you to request delivery of package(s) (both the content and
the materials for its containment) (the “Package(s)”) by Portier Pacific to a
designated address using a mobile or web-based application or other interface
offered by Uber (the “Uber App”), as described below. Uber Connect is made
available via the Uber App, and is subject to the Uber Terms. However any Uber
Delivery Services you order in connection with Uber Connect is subject to these
Uber Delivery Terms.


CONNECT DELIVERY SERVICES

Once you have been provided access to the Uber App by Uber (in its capacity as
licensor of the Uber branded applications and websites), you may place requests
for Portier Pacific to deliver Packages using the Uber App, via the ‘Uber
Connect’ request option (“Connect Delivery Services”). You may request a
‘Package’ or ‘Small Package’ Connect Delivery Service.

Connect Delivery Services are offered in designated areas as communicated via
the Uber App from time to time (“Connect Active Area”). Portier Pacific does not
guarantee that the Connect Delivery Services will be available in the Connect
Active Area at all times.


IF YOU CHOOSE CONNECT DELIVERY SERVICES

If you choose the Uber Connect request option, Connect Delivery Services will be
provided by Portier Pacific and you will be charged by Portier Pacific for the
Connect Delivery Services. Portier Pacific may subcontract a Delivery Person who
will collect Packages from you and deliver those Packages to your nominated
location as part of the Connect Delivery Services provided by Portier Pacific. A
Delivery Person is not an employee of Portier Pacific or any of its affiliates
and may delegate to another person to provide such delivery services on
their behalf.

For each Connect Delivery Service requested, Portier Pacific will endeavour to
ensure that your Packages will be picked up and delivered as soon as reasonably
possible. Unfortunately, independent factors such as traffic and weather, as
well as the actions or inactions of Delivery Persons may cause delays in the
provision of delivery services.


PROHIBITED ITEMS

You may not use or access Connect Delivery Services to send any Prohibited Items
(“Prohibited Items”). A list of Prohibited Items is published online by Portier
Pacific (as updated from time to time). For the current list of Prohibited Items
please see here. Portier Pacific 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 Connect
Delivery Services. Depending on your location, there may be additional
Prohibited Items or restrictions on the use of Connect Delivery Services for
specific categories of items.


PACKAGE RESTRICTIONS

You must ensure that the Package(s), together, for a request selecting the
‘Package’ delivery request option: (i) are not greater than 20 kilograms; (ii)
fit comfortably in the boot of a mid-size motor vehicle; and (iii) do not have a
total value greater than AUD $100.

You must ensure that the Package(s), together, for a request selecting the
‘Small Package’ delivery request option: (i) are not greater than 5 kilograms;
(ii) fit comfortably delivery bag of a motorbike or bicycle; and (iii) do not
have a total value greater than AUD $100.

You must prepare, appropriately package and securely close and seal the
Package(s) for safe delivery.


REFUSAL OR REJECTION OF DELIVERIES

You acknowledge and agree that there may be circumstances where Portier Pacific
may cancel the delivery after acceptance for any reason, including where a
Delivery Person declines to pick up or deliver the Package(s). You acknowledge
and agree that you are responsible for ensuring that you and anyone who has
contact with a Delivery Person or any other person as part of the Connect
Delivery Services you have requested, complies with the Community Guidelines.


DELIVERY, REDELIVERY, AND UNDELIVERABLE PACKAGES

If Portier Pacific is not able to complete the delivery for any reason
(including, for example, where a Delivery Person is unable to locate the
delivery location and is unable to make contact with you), Portier Pacific will
attempt to arrange for the return of the Package to you by the Delivery Person.

If Portier Pacific 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. To the extent feasible and if requested by
you, Portier Pacific may also attempt to facilitate an exchange of the
undelivered Package between you and the Delivery Person.

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
Uber or Portier Pacific or a Delivery Person. Portier Pacific reserves the right
to charge you for the reasonable costs associated with the return, redelivery or
disposal of your Package using your payment method designated in your Account.


TITLE AND RISK

You acknowledge that neither Portier Pacific nor its affiliates nor any Delivery
Person takes any title to Packages. Portier Pacific will have control and care
of the Package in accordance with these Uber Delivery Terms, until the Connect
Delivery Services are completed, end or are cancelled, including where the
Package is returned, redelivered or disposed of.


LOSS OR DAMAGE TO PACKAGES; SENDING FOOD OR BEVERAGES; NO INSURANCE

You acknowledge and agree that Connect Delivery Services are available for
sending Packages up to AUD $100 in value. The limitations and exclusions set out
in section 5 below apply to the use of Connect Delivery Services, including any
loss or damage to Packages provided for delivery. If a Package is lost or
damaged in transit, see the Uber Connect loss or damage policy available here.

Portier Pacific and its affiliates do not maintain insurance for loss, damage or
theft. You should contact an insurance agent or broker if insurance coverage is
desired. Portier Pacific and its affiliates do not provide insurance coverage.

Subject to the limitations and exclusions set out in section 5, if you use the
Connect Delivery Services to send food or beverages or other items not otherwise
prohibited by these Uber Delivery Terms, you assume full responsibility for such
items after delivery, including any damage due to temperature sensitivity and/or
tampering. You further assume full responsibility for chilling any perishables
immediately upon delivery to help maintain the safety and quality of
those items.


3.3 GENERAL


USER ACCOUNTS

To use the Uber Delivery Services you must register and maintain an active
personal user services account with Uber (in its capacity as licensor of the
Uber branded applications and websites) (“Account”) (as described in section 3
(‘Your Use of the Services’) of the Uber Terms). Your failure to maintain
accurate, complete, and up-to-date Account information, including having an
invalid or expired payment method on file, may result in your inability to
access or use the Uber Delivery Services.


USER REQUIREMENTS AND CONDUCT

The Uber Delivery Services are not available for use by persons under the age of
18. You may not allow persons under the age of 18 to receive Uber Delivery
Services unless permitted by you, and you agree to take full responsibility for
their acts or omissions. You agree to comply with all applicable laws when
accessing or using the Uber Delivery Services, and you may only access or use
the Uber Delivery Services for lawful purposes (e.g., no transport of unlawful
or hazardous materials) and in accordance with these Uber Delivery Terms. You
will not, in your use of the Uber Delivery Services, cause nuisance, annoyance,
inconvenience, or property damage, whether to Portier Pacific, a Delivery Person
or any other party, including Portier Pacific, its affiliates (including Uber
(in its capacity as licensor of the Uber branded applications and websites)) or
any of their employees, agents or contractors. You are responsible for providing
Portier Pacific with the correct delivery address and ensuring that the delivery
location can be accessed safely, and agree that the Uber Delivery Services may
not be completed if you have provided the incorrect delivery address or the
delivery location cannot be safely accessed.

In certain instances you may be asked to provide proof of identity or other
method of identity verification to use or accept deliveries made via the Uber
Delivery Services, and you agree that you may be denied use of the Uber Delivery
Services or may not be able to receive a delivery via the Uber Delivery Services
if you refuse to provide proof of identity or other method of
identity verification.


PROMOTIONAL CODES

You acknowledge that Portier Pacific may, in its sole discretion, create
promotional codes that may provide discounts or other features or benefits
related to the Uber Delivery Services, subject to any additional terms that
Portier Pacific establishes on a per promotional code basis (“Delivery Promo
Codes”). You agree that Delivery Promo Codes: (i) must be used for the intended
audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold
or transferred in any manner, or made available to the general public (whether
posted to a public form or otherwise), unless expressly permitted by Portier
Pacific; (iii) may, as permitted by law, be disabled by Portier Pacific at any
time without liability to Portier Pacific (iv) may only be used pursuant to the
specific terms that Portier Pacific establishes for such Delivery Promo Code;
(v) are not valid for cash; and (vi) may expire prior to your use. Portier
Pacific reserves the right to withhold or deduct discounts or other features or
benefits obtained through the use of Delivery Promo Codes by you or any other
user in the event that Portier Pacific reasonably determines or believes that
the use or redemption of the Delivery Promo Code was in error, fraudulent,
illegal, or in violation of the applicable Delivery Promo Code terms or these
Uber Delivery Terms. This section does not apply to promotional codes for
services other than the Uber Delivery Services. Instead, the Uber Terms apply to
those promotional codes.


4. PAYMENT

This part sets out the payment provisions applicable to the Uber Delivery
Services provided by Portier Pacific. 


PORTIER PACIFIC CHARGES

You understand that use of the Uber Delivery Services may result in charges to
you for the Uber Delivery Services you receive from Portier Pacific in
accordance with these Uber Delivery Terms (“Portier Pacific Charges”). In
addition, your use of Uber Eats will result in charges for:

 * the Items and any Merchant Delivery you receive from a Merchant (“Merchant
   Charges”). Any Merchant Charges are payable in accordance with the Uber Terms
   (as "Third Party Charges" under those Uber Terms);
 * any Uber Affiliate Delivery you receive from an Uber affiliate (“Uber
   Affiliate Charges”). Any Uber Affiliate Charges are payable in accordance
   with the separate delivery services agreement between you and the
   Uber affiliate.


GENERAL PAYMENT TERMS

You agree to pay Portier Pacific the applicable Portier Pacific Charges and are
responsible for paying all Portier Pacific Charges incurred under your Account.
Portier Pacific Charges are in Australian Dollars and inclusive of GST and
applicable taxes where required by law. Portier Pacific Charges paid by you are
final and non-refundable, unless otherwise determined by Portier Pacific or
required by the Australian Consumer Law. Under the Australian Consumer Law, you
may be entitled to a refund for a major failure of the Uber Delivery Services,
or other remedies for a minor failure.

All Portier Pacific Charges are due immediately and payable to Portier Pacific
using the preferred payment method designated in your Account, after which you
will be sent a receipt by email. If your primary Account payment method is
determined to be expired, invalid or otherwise not able to be charged, you agree
that Portier Pacific may use a secondary payment method in your Account,
if available.

Portier Pacific will charge you on the basis of the Portier Pacific Charges
communicated to you via the Uber Eats App or Uber App before you place your
order for any Uber Delivery Services. Portier Pacific may, acting reasonably,
establish, remove and/or revise Portier Pacific Charges for any or all Uber
Delivery Services at any time, including in certain circumstances such as where
you change your delivery address or you choose a service that incurs an
additional charge. In these cases, Portier Pacific will let you know about any
such changes within a reasonable time, however the specific amount may not be
known until after the order has been completed.


DELIVERY PROMO CODES

Portier Pacific may from time to time provide certain users with Delivery Promo
Codes that may result in different amounts charged for the same or similar
services or goods obtained through the use of the Uber Delivery Services, and
you agree that such promotional offers and discounts, are provided without
consideration from you, have no monetary value, cannot be redeemed for cash, are
not exchangeable or transferable and, unless also made available to you, shall
have no bearing on your use of the Uber Delivery Services or the Portier Pacific
Charges applied to you.


GRATUITIES

You understand and agree that, while you are free to provide gratuities to any
Delivery Person who is subcontracted to provide you with services obtained
through the Uber Delivery Services, you are under no obligation to do so.
Gratuities are voluntary. After you have received services or goods obtained
through the Uber Delivery Services, you will have the opportunity to rate your
experience and leave additional feedback about the Delivery Person.


CANCELLATIONS AND REFUNDS FOR UBER DELIVERY SERVICES

In these Uber Delivery Terms, “Non-Restaurant Food Items” refers to
non-restaurant food items including, for example, items from grocery,
convenience, alcohol, specialty goods such as florists or butchers, pharmacy
and/or pet stores.

If you purchase Items from a Merchant (other than a Merchant who sells
Non-Restaurant Food Items) and Eats Delivery Services from Portier Pacific, you
may cancel your order at any time. After five (5) minutes from placing your
order, you will no longer be able to cancel your order without incurring a
charge, which will be no more than the full price for your ordered Items in
accordance with the Uber Terms. If you cancel your order after the delivery has
begun you will also be charged the full price for any Eats Delivery Services in
accordance with these Uber Delivery Terms.

If you purchase Items from a Merchant who sells Non-Restaurant Food Items and
Eats Delivery Services from Portier Pacific, you may cancel your order at any
time. Once delivery has begun, you will no longer be able to cancel your order
without incurring a charge, which will be no more than the full price for your
ordered Items in accordance with the Uber Terms and the full price for any Eats
Delivery Services in accordance with these Uber Delivery Terms.

Portier Pacific may, in its sole discretion, waive in part or full, an
applicable cancellation charge in relation to your purchase of Eats Delivery
Services in certain circumstances. A request for any such waiver must be made
via Portier Pacific’s customer support service.

If any Eats Delivery Services fail or are cancelled for reasons that Portier
Pacific determines, acting reasonably, are attributed to you (for example, you
provided an incorrect delivery address) you will be charged no more than the
full price for both the Items in accordance with the Uber Terms, and the full
price for any Eats Delivery Services in accordance with these Uber
Delivery Terms.

The terms and conditions that apply to charges for Items or Merchant Delivery
provided by a Merchant are set out in the Uber Terms. The terms and conditions
that apply to charges for Uber Affiliate Delivery provided by an Uber affiliate
are set out in the separate delivery services agreement between you and that
Uber affiliate.

You may cancel your Connect Delivery Service at any time. If you cancel 5
minutes or more after a Delivery Person accepts your Connect Delivery Service
request, you will be charged a cancellation fee. If you cancel after the
Delivery Person has collected the Package, you may be charged reasonable costs
for the return of the Package to you.

If the Uber Delivery Services fail or are cancelled for any reason that Portier
Pacific determines, acting reasonably, are not attributed to you, you will be
entitled to a refund for any charges paid for that purchase.

If you have other issues with any Uber Delivery Services, your sole recourse
will be with Portier Pacific and Portier Pacific will manage your complaint in
accordance with the complaints process set out in section 6. Subject to the
Australian Consumer Law, Portier Pacific will provide refunds for Uber Delivery
Services at its discretion, acting reasonably.

If you have other issues with Items provided by a Merchant, please see section 6
(‘Governing Law; Dispute Resolution’) of the Uber Terms.

This section does not limit your rights under the non-excludable portions of the
Australian Consumer Law. Under the Australian Consumer Law, you may be entitled
to a refund for a major failure of the Uber Delivery Services, or other remedies
for a minor failure.


5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY

This part sets out the liability position of Portier Pacific in relation to the
provision of any Uber Delivery Services.


LIMITATION SUBJECT TO LOCAL CONSUMER LAW

The limitations and disclaimer in this section 5 do not purport to limit
liability or alter your rights as a consumer that cannot be excluded under
applicable law, including any of the non-excludable requirements of the
Australian Consumer Law.


APPLICATION TO PORTIER PACIFIC AND ITS AFFILIATES

The limitations and disclaimer in this section 5 apply to the liability of
Portier Pacific and its affiliates under these Uber Delivery Terms, including in
relation to any of the Uber Delivery Services. Neither Portier Pacific nor any
of its affiliates will be liable under or in connection with these Uber Delivery
Terms for any Uber Services or for any delivery services provided by an Uber
affiliate under a separate delivery services agreement. However, for any Uber
Services provided to you, Uber will be exclusively liable to you for Uber
Services in accordance with the Uber Terms. For any delivery services provided
under Uber Affiliate Delivery, the Uber affiliate will be exclusively liable to
you for the delivery services provided to you in accordance with the terms of
the applicable delivery services agreement.


DISCLAIMER

Except as required of Portier Pacific and its affiliates under the consumer
guarantees, the Uber Delivery Services are provided “as is” and “as available”.
Portier Pacific and its affiliates disclaim all representations and warranties,
express, implied or statutory, not expressly set out in these Uber Delivery
Terms (including any supplemental terms, where applicable), including any
implied warranties of merchantability, fitness for a particular purpose and
non-infringement, and make no representation, warranty, or guarantee regarding
the reliability, timeliness, quality, suitability or availability of the Uber
Delivery Services or any goods delivered through the use of the Uber Delivery
Services, or that the Uber Delivery Services will be uninterrupted or
error-free. You agree that the entire risk arising out of your use of the Uber
Delivery Services, and any service or good delivered in connection therewith,
remains solely with you, to the maximum extent permitted under applicable law,
including the Australian Consumer Law.


LIABILITY

Limitation of Liability

If you are acquiring the Uber Delivery Services as a consumer, to the maximum
extent permitted by law, Portier Pacific's and its affiliates’ liability for a
failure to comply with a consumer guarantee in relation to the Uber Delivery
Services is limited to, at Portier Pacific’s option, the supply of the relevant
services again, or the payment of the cost of having the services
supplied again.

In addition, the following limitations apply to the specific Uber Delivery
Services made available under these Uber Delivery Terms:

(A) Limitation of Liability – Eats Delivery Services

Subject to ‘limited inclusions’ below, but otherwise notwithstanding anything
else in this section 5 and to the maximum extent permitted by law, in no event
shall Portier Pacific’s or its affiliate‘s total liability to you in connection
with the Eats Delivery Services for all damages, losses and causes (whether in
contract, in tort (including negligence), in equity, by operation of law or
otherwise) exceed the aggregate value of the specific items plus the value of
the Eats Delivery Services you requested at the relevant time.

(B) Limitation of Liability – Connect Delivery Services

Subject to the ‘limited inclusions’ below, but otherwise notwithstanding
anything else in this section 5 and to the maximum extent permitted by law, in
no event shall Portier Pacific’s or its affiliates’ total liability to you in
connection with the Connect Delivery Services for all damages, losses and causes
of action (whether in contract, in tort (including negligence), in equity, by
operation of law or otherwise) exceed one hundred Australian dollars (AUD $100)
plus the value of the Connect Delivery Services you requested at the
relevant time.

Exclusion of Liability

Portier Pacific’s and its affiliates’ liability to you for a breach of any
condition, warranty or term of these Uber Delivery Terms that is not a breach of
a consumer guarantee is also limited in the following way: Portier Pacific and
its affiliates shall not be liable for:

(a) indirect, incidental, special, exemplary, punitive or consequential damages,
including lost profits, lost data; or

(b) except to the extent set out under the ‘limited inclusions‘ heading below,
death, personal injury or property damage,

where that liability is related to, in connection with, or otherwise resulting
from any use of the Uber Delivery Services, even if Portier Pacific or its
affiliate has been advised of the possibility of such damages.

In addition, Portier Pacific and its affiliates shall not be liable for: (i)
delay or failure in performance resulting from causes beyond Portier Pacific's
or its affiliates’ reasonable control; or (ii) any damages, liability or losses
arising out of your use of or reliance on the Uber Delivery Services or your
inability to access or use the Uber Delivery Services.

Limited Inclusions

The limitations on Portier Pacific’s or its affiliate's liability for Uber
Delivery Services under the 'limitation of liability' heading above (and in item
(b) under the 'exclusion of liability' heading above) do not apply to any
damages, losses and causes of action (whether in contract, in tort (including
negligence), in equity, by operation of law or otherwise) that arise from death,
personal injury or damage to tangible property directly caused by the fraud,
negligence or wilful misconduct of Portier Pacific, any of its affiliates, or
their employees, agents or contractors, including a Delivery Person.


COMPLAINTS

Portier Pacific or its affiliate will maintain a complaints management
framework, and will manage this framework in a reasonable way and in accordance
with the non-excludable requirements of the Australian Consumer Law.


INDEMNITY

You agree to indemnify and hold Portier Pacific and its affiliates and their
officers, directors, employees, agents and contractors (including Delivery
Persons) harmless from any and all claims, demands, losses, liabilities, and
expenses (including reasonable attorneys’ fees) (“Losses”) arising out of or in
connection with: (i) your use of the Uber Delivery Services or services or goods
obtained through your use of the Uber Delivery Services; (ii) your breach or
violation of any of these Uber Delivery Terms; or (iii) your violation of the
rights of any third party; (iv) in respect of your use or access to Uber Connect
and your use of the Connect Delivery Services, arising out of or in connection
with any loss or damage to property, any injury, illness or death to any person,
any mis-delivery 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 (1) your fraudulent, negligent or unlawful act or omission;
or (2) your breach or violation of any of these Uber Delivery Terms.

Your liability under this section will be reduced proportionately if, and to the
extent that, Portier Pacific or its affiliate, or any Delivery Person, directly
caused or contributed to any such losses.


6. GOVERNING LAW; DISPUTE RESOLUTION

There are a number of mechanisms available to you to resolve any dispute,
conflict, claim or controversy arising out of or broadly in connection with or
relating to the Uber Delivery Services or these Uber Delivery Terms, including
those relating to its validity, its construction or its enforceability (any
“Dispute”). Portier Pacific or its affiliate operates a complaints process to
allow you to make complaints about Portier Pacific, and Portier Pacific or its
affiliate also manages refunds to you in relation to those complaints. Portier
Pacific or its affiliate will operate this complaints process in a reasonable
manner. In addition, you may have rights to make a complaint to fair trading or
consumer law bodies in relation to applicable consumer laws, including the
non-excludable portions of the Australian Consumer Law.

Except as otherwise set forth in these Uber Delivery Terms, these Uber Delivery
Terms shall be exclusively governed by and construed in accordance with the laws
of New South Wales, Australia, excluding its rules on conflicts of laws. The
Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not
apply. In the event of a Dispute, either party may file an action in the courts
of New South Wales, Australia or pursue final and binding arbitration or other
alternative dispute resolution as agreed upon by the parties.

Any proceedings, including documents and briefs submitted by the parties,
correspondence from a mediator, and correspondence, order and awards issued by
an 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
set out in these Uber Delivery Terms.


7. OTHER PROVISIONS


NOTICE

Portier Pacific may give notice by means of a general notice on the Uber
application or website (facilitated by Uber (in its capacity as licensor of the
Uber branded applications and website)), electronic mail to your email address
in your Account, or by written communication sent to your address as set forth
in your Account. You may give notice to Portier Pacific by written communication
to Portier Pacific’s address at C/- PKF Sydney, Level 8, 1 O‘Connell Street,
Sydney, New South Wales.


GENERAL

You may not assign or transfer these Uber Delivery Terms in whole or in part
without Portier Pacific’s prior written approval. You give your approval to
Portier Pacific for it to assign or transfer these Uber Delivery Terms in whole
or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of
Portier Pacific’s (or its affiliate’s) equity, business or assets; or (iii) a
successor by merger. No joint venture, partnership, employment or agency
relationship exists between you, Portier Pacific or any of its affiliates as a
result of the contract between you and Portier Pacific or use of the Uber
Delivery Services.

If any provision of these Uber Delivery Terms is held to be illegal, invalid or
unenforceable, in whole or in part, under any law, such provision or part
thereof shall to that extent be deemed not to form part of these Terms but the
legality, validity and enforceability of the other provisions in these Uber
Delivery Terms shall not be affected. In that event, the parties shall replace
the illegal, invalid or unenforceable provision or part thereof with a provision
or part thereof that is legal, valid and enforceable and that has, to the
greatest extent possible, a similar effect as the illegal, invalid or
unenforceable provision or part thereof, given the contents and purpose of these
Uber Delivery Terms. These Uber Delivery Terms, including any incorporated
policies, constitute the entire agreement and understanding of the parties with
respect to its subject matter and replaces and supersedes all prior or
contemporaneous agreements or undertakings regarding such subject matter.
Nothing in this clause limits your rights as a consumer that cannot be excluded
under applicable law, including the Australian Consumer Law. In these Uber
Delivery Terms, the words “including” and “include” mean “including, but not
limited to”.


UBER CADO PTY LTD – TERMS AND CONDITIONS FOR UBER DELIVERY – AUSTRALIA

Last updated: 18 December 2023

By using or placing an order for delivery services provided to you by Uber Cado
Pty Ltd via an Uber branded application or website, you confirm that you accept
these terms and conditions and agree that they will apply to you each time you
request an Uber Delivery Service (as defined below). Please read these terms
carefully before requesting any Uber Delivery Service.

The services provided by Uber Technologies, Inc. (referred to as “Uber” in these
terms and conditions) are not changing though. Uber continues to own, and
provide you with the right to use and access, the Uber and Uber Eats website and
apps. The Uber Technologies, Inc. Terms and Conditions (set out above) apply to
the use of these other services.


1. CONTRACTUAL RELATIONSHIP

These Uber Cado Pty Ltd – Terms and Conditions for Uber Delivery - Australia
(“Uber Delivery Terms”) govern your use of, and the provision of, Uber Delivery
Services (as defined below) requested using an Uber branded application or
website, which are provided by Uber Cado Pty Ltd ABN 88 663 979 128, an
Australian company registered in New South Wales (“Uber Cado Pty Ltd”). Uber
Cado Pty Ltd is an affiliate of Uber Technologies, Inc., a company incorporated
in the state of Delaware, United States, and having its offices at 1725 3rd
Street, San Francisco, CA 94158, United States (“Uber”).


SCOPE OF THESE UBER DELIVERY TERMS

These Uber Delivery Terms apply to the provision of delivery services by Uber
Cado Pty Ltd to you, which are offered to you via an Uber branded application or
website (“Uber Delivery Services”). The Uber Delivery Services provided by Uber
Cado Pty Ltd under these Uber Delivery Terms do not include any of the services
provided by Uber under the Uber Technologies, Inc. – Terms and Conditions,
available here (“Uber Terms”). The Uber Terms apply to the access or use by you
of any application, website, content, product, or service made available by Uber
under the Uber Terms (“Uber Services”).

Uber Cado Pty Ltd is not the seller of items to you. You purchase items directly
from independent third party providers of goods (“Merchants”) via Uber branded
applications or websites. When you purchase items from Merchants via an Uber
branded application or website, that sale and purchase takes place directly
between you and the Merchant, and is subject to the Uber Terms (as the Merchant
is a “Third Party Provider” under the Uber Terms). Only the Uber Delivery
Services are subject to the Uber Delivery Terms.


PLEASE READ THESE UBER DELIVERY TERMS CAREFULLY BEFORE ACCESSING OR USING THE
UBER SERVICES TO REQUEST AN UBER DELIVERY SERVICE, AS THEY CONSTITUTE A SEPARATE
LEGAL AGREEMENT BETWEEN YOU AND UBER CADO PTY LTD.

Your access and use of the Uber Services to request an Uber Delivery Service
constitutes your agreement to be bound by these Uber Delivery Terms, which
establishes a contractual relationship between you and Uber Cado Pty Ltd. If you
do not agree to these Uber Delivery Terms, you may not access or use the Uber
Services to request an Uber Delivery Service. These Uber Delivery Terms
expressly supersede prior agreements or arrangements with you in relation to
Uber Delivery Services.

Your contractual relationship with Uber Cado Pty Ltd is separate (and in
addition) to your contractual relationship with Uber under the Uber Terms and,
where applicable, other affiliates of Uber. For the avoidance of doubt, your
access to and use of the Uber Services continues to be governed by your separate
agreement with Uber under the Uber Terms.


SUPPLEMENTAL TERMS

Supplemental terms may apply to certain Uber Delivery Services, such as policies
for a particular event, activity or promotion, or a particular category of Uber
Delivery Services. Supplemental terms will be provided to you in connection with
the applicable Uber Delivery Services.

Any supplemental terms are in addition to, and shall be deemed a part of, the
Uber Delivery Terms for the purposes of the applicable Uber Delivery Services.
Supplemental terms shall prevail over these Uber Delivery Terms in the event of
a conflict with respect to the applicable Uber Delivery Services.


AMENDMENTS

Uber Cado Pty Ltd may amend the Uber Delivery Terms and any supplemental terms
or policies related to the Uber Delivery Services from time to time. Uber Cado
Pty Ltd will provide you with at least 30 days’ written notice in the event of a
material change to any Uber Delivery Terms, policies or supplemental terms that
detrimentally affects your rights under these Uber Delivery Terms. Amendments
will be effective upon posting of such updated Uber Delivery Terms at this
location or the amended supplemental terms or policies on the applicable Uber
Delivery Services or at this location (as the case may be). Your continued
access or use of the Uber Delivery Services after such posting, or after the
expiry of the notice period (whichever is later), constitutes your consent to be
bound by the Uber Delivery Terms, policies and supplemental terms, as amended.


TERMINATION OR RESTRICTION OF THE UBER DELIVERY SERVICES

Uber Cado Pty Ltd may restrict you from accessing or using the Uber Delivery
Services, or any part of them, immediately, without notice, in circumstances
where Uber Cado Pty Ltd reasonably suspects that:

(a) you have, or are likely to, breach these Uber Delivery Terms;

(b) you do not, or are likely not to, qualify, under applicable law or the
standards and policies of Uber Cado Pty Ltd, to access and use the Uber Delivery
Services; and/or

(c) you or others may be at risk of harm as a result of consumption of certain
regulated items (including, but not limited to, alcohol) made available by Third
Party Providers via the Application, which may come about, for example, as a
result of: (i) a report made to Uber Cado Pty Ltd (or its affiliate) by a third
party; (ii) delivery refusal (e.g. due to intoxication); and/or (iii) a review
of your purchases of regulated items using the Application.

Uber Cado Pty Ltd may terminate these Uber Delivery Terms or any Uber Delivery
Services with respect to you, or generally cease offering or deny access to the
Uber Delivery Services or any portion thereof:

(a) immediately, where Uber Cado Pty Ltd reasonably suspects that: (i) you have,
or are likely to, materially breach these Uber Delivery Terms; (ii) you do not,
or are likely not to, qualify, under applicable law or the standards and
policies of Uber Cado Pty Ltd, to access and use the Uber Delivery Services;
and/or (iii) you or others may be at risk of harm as a result of consumption of
certain regulated items (including, but not limited to, alcohol) made available
by Third Party Providers via the Application, which may come about, for example,
as a result of: (A) a report made to Uber Cado Pty Ltd (or its affiliate) by a
third party; (B) delivery refusal (e.g. due to intoxication); and/or (C) a
review of your purchases of regulated items using the Application; or

(b) on 30 days’ written notice to you, where Uber Cado Pty Ltd, acting
reasonably, terminates these Uber Delivery Terms or any Uber Delivery Services
for any legitimate business, legal or regulatory reason.

Without limiting its other rights under these Uber Delivery Terms, Uber Cado Pty
Ltd may immediately restrict or deactivate your access to the Uber Delivery
Services if you breach the "Community Guidelines" (available at
https://www.uber.com/legal/en/document/?name=general-community-guidelines&country=australia&lang=en)
at any time.

You may terminate these Uber Delivery Terms, or stop using the Uber Delivery
Services, at any time, for any reason.


PRIVACY

Our collection and use of personal information in connection with the Uber
Delivery Services is as provided in Uber’s Privacy Notice. Uber Cado Pty Ltd may
provide to a claims processor or an insurer any necessary information (including
your contact information) if there is a complaint, dispute or conflict, which
may include an accident, involving you and a Merchant or other third party
provider and such information or data is necessary to resolve the complaint,
dispute or conflict.


2. THE UBER DELIVERY SERVICES

Uber Cado Pty Ltd will provide the Uber Delivery Services to you in accordance
with these Uber Delivery Terms. The Uber Delivery Services constitute the
provision of the following services:

 * in relation to “Uber Eats”, delivery services for Items ordered by you where
   those delivery services include the picking, packing and payment for Items
   ordered by you at the relevant Merchant's store; and
 * any other delivery services provided to you by Uber Cado Pty Ltd from time to
   time, as set out in applicable supplemental terms.

For clarity, the Uber Delivery Services do not include sale of the Items to you.
The Merchant sells the Items directly to you.

The Uber Delivery Services are made available solely for your personal,
non-commercial use, unless Uber Cado Pty Ltd has agreed with you otherwise in a
separate agreement. You acknowledge that all Uber Delivery Services will be
provided by Uber Cado Pty Ltd. Uber Cado Pty Ltd accepts liability for delivery
services provided by it in accordance with these Uber Delivery Terms. Merchants
are solely responsible for the goods and services they provide to you (including
the provision of Items by that Merchant).


3. YOUR USE OF THE UBER DELIVERY SERVICES

Uber Eats allows you to place orders for food, beverages or other items
(“Items”) and request delivery of those Items by Uber Cado Pty Ltd, using the
Uber Eats mobile and web-based applications and other interfaces offered by Uber
(“Uber Eats App”) as described below. Uber Eats is made available via the Uber
Eats App, and is subject to the Uber Terms. However any Uber Delivery Services
you order from Uber Cado Pty Ltd is subject to these Uber Delivery Terms.

Once you have been provided access to the Uber Eats App by Uber (in its capacity
as licensor of the Uber branded applications and websites), you may purchase
Items from the relevant Merchant and delivery services from Uber Cado Pty Ltd
where those delivery services include the picking, packing and payment for those
Items at the relevant Merchant's store ("Uber Delivery Services").

The Uber Terms between you and Uber (in its capacity as licensor of the Uber
branded applications and websites) apply to the sale and purchase of any items
by the Merchant to you.

Uber Delivery Services are offered in designated areas as communicated via the
Uber Eats App from time to time (“Eats Active Area”). Uber Cado Pty Ltd does not
guarantee that the Uber Delivery Services will be available in the Eats Active
Area at all times.

Uber Delivery Services will be provided by Uber Cado Pty Ltd and you will be
charged by Uber Cado Pty Ltd for the Uber Delivery Services. Uber Cado Pty Ltd
may subcontract a “Delivery Person” to undertake the Uber Delivery Services. A
Delivery Person is not an employee of Uber Cado Pty Ltd or any of its affiliates
and may delegate to another person to provide such delivery services on their
behalf. References in these Uber Delivery Terms to “Delivery Person“ include
(where the context requires) references to a delegate of a Delivery Person.

For each delivery provided under the Uber Delivery Service, Uber Cado Pty Ltd
will endeavour to ensure that your Items are delivered to you as soon as
reasonably possible. Unfortunately, independent factors such as traffic and
weather, as well as the actions or inactions of Merchants or other third parties
may cause delays in the provision of Uber Delivery Services.


TITLE AND RISK

You acknowledge that neither Uber Cado Pty Ltd nor its affiliates nor any
Delivery Person takes any title to Items. Uber Cado Pty Ltd will have control
and care of the Item in accordance with these Uber Delivery Terms until the Uber
Delivery Services are completed or otherwise end or are cancelled.


3.3 GENERAL


USER ACCOUNTS

To use the Uber Delivery Services you must register and maintain an active
personal user services account with Uber (in its capacity as licensor of the
Uber branded applications and websites) (“Account”) (as described in section 3
(‘Your Use of the Services’) of the Uber Terms). Your failure to maintain
accurate, complete, and up-to-date Account information, including having an
invalid or expired payment method on file, may result in your inability to
access or use the Uber Delivery Services.


USER REQUIREMENTS AND CONDUCT

The Uber Delivery Services are not available for use by persons under the age of
18. You may not allow persons under the age of 18 to receive Uber Delivery
Services unless permitted by you, and you agree to take full responsibility for
their acts or omissions. You agree to comply with all applicable laws when
accessing or using the Uber Delivery Services, and you may only access or use
the Uber Delivery Services for lawful purposes (e.g., no transport of unlawful
or hazardous materials) and in accordance with these Uber Delivery Terms. You
will not, in your use of the Uber Delivery Services, cause nuisance, annoyance,
inconvenience, or property damage, whether to Uber Cado Pty Ltd, a Delivery
Person or any other party, including Uber Cado Pty Ltd, its affiliates
(including Uber (in its capacity as licensor of the Uber branded applications
and websites)) or any of their employees, agents or contractors. You are
responsible for providing Uber Cado Pty Ltd with the correct delivery address
and ensuring that the delivery location can be accessed safely, and agree that
the Uber Delivery Services may not be completed if you have provided the
incorrect delivery address or the delivery location cannot be safely accessed.

In certain instances you may be asked to provide proof of identity or other
method of identity verification to use or accept deliveries made via the Uber
Delivery Services, and you agree that you may be denied use of the Uber Delivery
Services or may not be able to receive a delivery via the Uber Delivery Services
if you refuse to provide proof of identity or other method of
identity verification.


PROMOTIONAL CODES

You acknowledge that Uber Cado Pty Ltd may, in its sole discretion, create
promotional codes that may provide discounts or other features or benefits
related to the Uber Delivery Services, subject to any additional terms that Uber
Cado Pty Ltd establishes on a per promotional code basis (“Delivery Promo
Codes”). You agree that Delivery Promo Codes: (i) must be used for the intended
audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold
or transferred in any manner, or made available to the general public (whether
posted to a public form or otherwise), unless expressly permitted by Uber Cado
Pty Ltd; (iii) may, as permitted by law, be disabled by Uber Cado Pty Ltd at any
time without liability to Uber Cado Pty Ltd (iv) may only be used pursuant to
the specific terms that Uber Cado Pty Ltd establishes for such Delivery Promo
Code; (v) are not valid for cash; and (vi) may expire prior to your use. Uber
Cado Pty Ltd reserves the right to withhold or deduct discounts or other
features or benefits obtained through the use of Delivery Promo Codes by you or
any other user in the event that Uber Cado Pty Ltd reasonably determines or
believes that the use or redemption of the Delivery Promo Code was in error,
fraudulent, illegal, or in violation of the applicable Delivery Promo Code terms
or these Uber Delivery Terms. This section does not apply to promotional codes
for services other than the Uber Delivery Services. Instead, the Uber Terms
apply to those promotional codes.


4. PAYMENT

This part sets out the payment provisions applicable to the Uber Delivery
Services provided by Uber Cado Pty Ltd. 


UBER CADO PTY LTD CHARGES

You understand that use of the Uber Delivery Services may result in charges to
you for the Uber Delivery Services you receive from Uber Cado Pty Ltd in
accordance with these Uber Delivery Terms (“Uber Cado Pty Ltd Charges”). In
addition, your use of Uber Eats will result in charges for the Items you receive
from a Merchant (“Merchant Charges”). Any Merchant Charges are payable in
accordance with the Uber Terms (as "Third Party Charges" under those
Uber Terms).


GENERAL PAYMENT TERMS

You agree to pay Uber Cado Pty Ltd the applicable Uber Cado Pty Ltd Charges and
are responsible for paying all Uber Cado Pty Ltd Charges incurred under your
Account. Uber Cado Pty Ltd Charges are in Australian Dollars and inclusive of
GST and applicable taxes where required by law. Uber Cado Pty Ltd Charges paid
by you are final and non-refundable, unless otherwise determined by Uber Cado
Pty Ltd or required by the Australian Consumer Law. Under the Australian
Consumer Law, you may be entitled to a refund for a major failure of the Uber
Delivery Services, or other remedies for a minor failure.

All Uber Cado Pty Ltd Charges are due immediately and payable to Uber Cado Pty
Ltd using the preferred payment method designated in your Account, after which
you will be sent a receipt by email. If your primary Account payment method is
determined to be expired, invalid or otherwise not able to be charged, you agree
that Uber Cado Pty Ltd may use a secondary payment method in your Account, if
available. Uber Cado Pty Ltd will charge you on the basis of the Uber Cado Pty
Ltd Charges communicated to you via the Uber Eats App before you place your
order for any Uber Delivery Services. Uber Cado Pty Ltd may, acting reasonably,
establish, remove and/or revise Uber Cado Pty Ltd Charges for any or all Uber
Delivery Services at any time, including in certain circumstances such as where
you change your delivery address or you choose a service that incurs an
additional charge. In these cases, Uber Cado Pty Ltd will let you know about any
such changes within a reasonable time, however the specific amount may not be
known until after the order has been completed.


DELIVERY PROMO CODES

Uber Cado Pty Ltd may from time to time provide certain users with Delivery
Promo Codes that may result in different amounts charged for the same or similar
services or goods obtained through the use of the Uber Delivery Services, and
you agree that such promotional offers and discounts, are provided without
consideration from you, have no monetary value, cannot be redeemed for cash, are
not exchangeable or transferable and, unless also made available to you, shall
have no bearing on your use of the Uber Delivery Services or the Uber Cado Pty
Ltd Charges applied to you.


GRATUITIES

You understand and agree that, while you are free to provide gratuities to any
Delivery Person who is subcontracted to provide you with services obtained
through the Uber Delivery Services, you are under no obligation to do so.
Gratuities are voluntary. After you have received services or goods obtained
through the Uber Delivery Services, you will have the opportunity to rate your
experience and leave additional feedback about the Delivery Person.


CANCELLATIONS AND REFUNDS FOR UBER DELIVERY SERVICES

If you purchase Uber Delivery Services from Uber Cado Pty Ltd, you may cancel
your order at any time without incurring a charge prior to the Delivery Person
completing the check-out or payment of the Items you ordered. If you cancel your
order after the Delivery Person has checked-out or paid for the Items and the
delivery has begun, you will be charged no more than the full price of your
ordered Items and the full price for any Uber Delivery Services in accordance
with these Uber Delivery Terms.

Uber Cado Pty Ltd may, in its sole discretion, waive in part or full, an
applicable cancellation charge in relation to your purchase of Items and
Delivery Services in certain circumstances. A request for any such waiver must
be made via an Uber affiliate’s customer support service.

If any Uber Delivery Services fail or are cancelled for reasons that Uber Cado
Pty Ltd determines, acting reasonably, are attributed to you (for example, you
provided an incorrect delivery address) you will be charged no more than the
full price for both the Items in accordance with the Uber Terms, and the full
price for any Uber Delivery Services in accordance with these Uber
Delivery Terms.

The terms and conditions that apply to charges for Items provided by a Merchant
are set out in the Uber Terms.

If the Uber Delivery Services fail or are cancelled for any reason that Uber
Cado Pty Ltd determines, acting reasonably, are not attributed to you, you will
be entitled to a refund for any charges paid for that purchase.

If you have other issues with any Uber Delivery Services, your sole recourse
will be with Uber Cado Pty Ltd and Uber Cado Pty Ltd will manage your complaint
in accordance with the complaints process set out in section 6. Subject to the
Australian Consumer Law, Uber Cado Pty Ltd will provide refunds for Uber
Delivery Services at its discretion, acting reasonably.

If you have other issues with Items provided by a Merchant, please see section 6
(‘Governing Law; Dispute Resolution’) of the Uber Terms.

This section does not limit your rights under the non-excludable portions of the
Australian Consumer Law. Under the Australian Consumer Law, you may be entitled
to a refund for a major failure of the Uber Delivery Services, or other remedies
for a minor failure.


5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY

This part sets out the liability position of Uber Cado Pty Ltd in relation to
the provision of any Uber Delivery Services.


LIMITATION SUBJECT TO LOCAL CONSUMER LAW

The limitations and disclaimer in this section 5 do not purport to limit
liability or alter your rights as a consumer that cannot be excluded under
applicable law, including any of the non-excludable requirements of the
Australian Consumer Law.


APPLICATION TO PORTIER PACIFIC AND ITS AFFILIATES

The limitations and disclaimer in this section 5 apply to the liability of Uber
Cado Pty Ltd and its affiliates under these Uber Delivery Terms, including in
relation to any of the Uber Delivery Services. Neither Uber Cado Pty Ltd nor any
of its affiliates will be liable under or in connection with these Uber Delivery
Terms for any Uber Services. However, for any Uber Services provided to you,
Uber will be exclusively liable to you for Uber Services in accordance with the
Uber Terms.


DISCLAIMER

Except as required of Uber Cado Pty Ltd and its affiliates under the consumer
guarantees, the Uber Delivery Services are provided “as is” and “as available”.
Uber Cado Pty Ltd and its affiliates disclaim all representations and
warranties, express, implied or statutory, not expressly set out in these Uber
Delivery Terms (including any supplemental terms, where applicable), including
any implied warranties of merchantability, fitness for a particular purpose and
non-infringement, and make no representation, warranty, or guarantee regarding
the reliability, timeliness, quality, suitability or availability of the Uber
Delivery Services or any goods delivered through the use of the Uber Delivery
Services, or that the Uber Delivery Services will be uninterrupted or
error-free. You agree that the entire risk arising out of your use of the Uber
Delivery Services, and any service or good delivered in connection therewith,
remains solely with you, to the maximum extent permitted under applicable law,
including the Australian Consumer Law.


LIABILITY

LIMITATION OF LIABILITY

If you are acquiring the Uber Delivery Services as a consumer, to the maximum
extent permitted by law, Uber Cado Pty Ltd's and its affiliates’ liability for a
failure to comply with a consumer guarantee in relation to the Uber Delivery
Services is limited to, at Uber Cado Pty Ltd’s option, the supply of the
relevant services again, or the payment of the cost of having the services
supplied again.

Subject to ‘limited inclusions’ below, but otherwise notwithstanding anything
else in this section 5 and to the maximum extent permitted by law, in no event
shall Uber Cado Pty Ltd’s or its affiliate‘s total liability to you in
connection with the Uber Delivery Services for all damages, losses and causes
(whether in contract, in tort (including negligence), in equity, by operation of
law or otherwise) exceed the aggregate value of the specific items plus the
value of the Uber Delivery Services you requested at the relevant time.

EXCLUSION OF LIABILITY

Uber Cado Pty Ltd’s and its affiliates’ liability to you for a breach of any
condition, warranty or term of these Uber Delivery Terms that is not a breach of
a consumer guarantee is also limited in the following way: Uber Cado Pty Ltd and
its affiliates shall not be liable for:

(a) indirect, incidental, special, exemplary, punitive or consequential damages,
including lost profits, lost data; or

(b) except to the extent set out under the ‘limited inclusions‘ heading below,
death, personal injury or property damage,

where that liability is related to, in connection with, or otherwise resulting
from any use of the Uber Delivery Services, even if Uber Cado Pty Ltd or its
affiliate has been advised of the possibility of such damages.

In addition, Uber Cado Pty Ltd and its affiliates shall not be liable for: (i)
delay or failure in performance resulting from causes beyond Uber Cado Pty Ltd's
or its affiliates’ reasonable control; or (ii) any damages, liability or losses
arising out of your use of or reliance on the Uber Delivery Services or your
inability to access or use the Uber Delivery Services.

LIMITED INCLUSIONS

The limitations on Uber Cado Pty Ltd’s or its affiliate's liability for Uber
Delivery Services under the 'limitation of liability' heading above (and in item
(b) under the 'exclusion of liability' heading above) do not apply to any
damages, losses and causes of action (whether in contract, in tort (including
negligence), in equity, by operation of law or otherwise) that arise from death,
personal injury or damage to tangible property directly caused by the fraud,
negligence or wilful misconduct of Uber Cado Pty Ltd, any of its affiliates, or
their employees, agents or contractors, including a Delivery Person.


COMPLAINTS

Uber Cado Pty Ltd or its affiliate will maintain a complaints management
framework, and will manage this framework in a reasonable way and in accordance
with the non-excludable requirements of the Australian Consumer Law.


INDEMNITY

You agree to indemnify and hold Uber Cado Pty Ltd and its affiliates and their
officers, directors, employees, agents and contractors (including Delivery
Persons) harmless from any and all claims, demands, losses, liabilities, and
expenses (including reasonable attorneys’ fees) (“Losses”) arising out of or in
connection with: (i) your use of the Uber Delivery Services or services or goods
obtained through your use of the Uber Delivery Services; (ii) your breach or
violation of any of these Uber Delivery Terms; or (iii) your violation of the
rights of any third party.

Your liability under this section will be reduced proportionately if, and to the
extent that, Uber Cado Pty Ltd or its affiliate, or any Delivery Person,
directly caused or contributed to any such losses.


6. GOVERNING LAW; DISPUTE RESOLUTION

There are a number of mechanisms available to you to resolve any dispute,
conflict, claim or controversy arising out of or broadly in connection with or
relating to the Uber Delivery Services or these Uber Delivery Terms, including
those relating to its validity, its construction or its enforceability (any
“Dispute”). Uber Cado Pty Ltd or its affiliate operates a complaints process to
allow you to make complaints about Uber Cado Pty Ltd, and Uber Cado Pty Ltd or
its affiliate also manages refunds to you in relation to those complaints. Uber
Cado Pty Ltd or its affiliate will operate this complaints process in a
reasonable manner. In addition, you may have rights to make a complaint to fair
trading or consumer law bodies in relation to applicable consumer laws,
including the non-excludable portions of the Australian Consumer Law.

Except as otherwise set forth in these Uber Delivery Terms, these Uber Delivery
Terms shall be exclusively governed by and construed in accordance with the laws
of New South Wales, Australia, excluding its rules on conflicts of laws. The
Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not
apply. In the event of a Dispute, either party may file an action in the courts
of New South Wales, Australia or pursue final and binding arbitration or other
alternative dispute resolution as agreed upon by the parties.

Any proceedings, including documents and briefs submitted by the parties,
correspondence from a mediator, and correspondence, order and awards issued by
an 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
set out in these Uber Delivery Terms.


7. OTHER PROVISIONS



NOTICE

Uber Cado Pty Ltd may give notice by means of a general notice on the Uber
application or website (facilitated by Uber (in its capacity as licensor of the
Uber branded applications and website)), electronic mail to your email address
in your Account, or by written communication sent to your address as set forth
in your Account. You may give notice to Uber Cado Pty Ltd by written
communication to Uber Cado Pty Ltd’s address at C/- PKF Sydney, Level 8, 1
O‘Connell Street, Sydney, New South Wales.


GENERAL

You may not assign or transfer these Uber Delivery Terms in whole or in part
without Uber Cado Pty Ltd’s prior written approval. You give your approval to
Uber Cado Pty Ltd for it to assign or transfer these Uber Delivery Terms in
whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer
of Uber Cado Pty Ltd’s (or its affiliate’s) equity, business or assets; or (iii)
a successor by merger. No joint venture, partnership, employment or agency
relationship exists between you, Uber Cado Pty Ltd or any of its affiliates as a
result of the contract between you and Uber Cado Pty Ltd or use of the Uber
Delivery Services.

If any provision of these Uber Delivery Terms is held to be illegal, invalid or
unenforceable, in whole or in part, under any law, such provision or part
thereof shall to that extent be deemed not to form part of these Terms but the
legality, validity and enforceability of the other provisions in these Uber
Delivery Terms shall not be affected. In that event, the parties shall replace
the illegal, invalid or unenforceable provision or part thereof with a provision
or part thereof that is legal, valid and enforceable and that has, to the
greatest extent possible, a similar effect as the illegal, invalid or
unenforceable provision or part thereof, given the contents and purpose of these
Uber Delivery Terms. These Uber Delivery Terms, including any incorporated
policies, constitute the entire agreement and understanding of the parties with
respect to its subject matter and replaces and supersedes all prior or
contemporaneous agreements or undertakings regarding such subject matter.
Nothing in this clause limits your rights as a consumer that cannot be excluded
under applicable law, including the Australian Consumer Law. In these Uber
Delivery Terms, the words “including” and “include” mean “including, but not
limited to”.




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