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HÜKÜMLER VE KOŞULLAR

Son güncelleme: 4 Aralık, 2017

1. Akdi İlişki

İşbu Kullanım Hükümleri (“Hükümler”), bir birey olan tarafınızca (Birleşik Devletler, sahip olduğu bölgeler ve mülklerle Çin hariç) dünyanın herhangi bir ülkesinden Mr. Treublaan 7, 1097 DP, Amsterdam, Hollanda'da ofisleri bulunan ve Hollanda'da kurulmuş, Amsterdam Ticaret Odası'na 56317441 numarasıyla kayıtlı özel limited şirket olan Uber B.V. (“Uber”) tarafından mevcut kılınan uygulamaların, internet sayfalarının, içeriğin, ürünlerin ve hizmetlerin (“Hizmetler”) erişimini ve kullanımını kontrol eder.

LÜTFEN HİZMETLERE ERİŞMEDEN VE HİZMETLERİ KULLANMADAN ÖNCE BU HÜKÜMLERİ DİKKATLİCE OKUYUNUZ.

Tarafınızca Hizmetlerin erişimi ve kullanımı, siz ve Uber arasında akdi bir ilişki oluşturan işbu Hükümleri kabul ettiğinizi varsayar. İşbu Hükümleri kabul etmiyorsanız Hizmetlere erişemez ve Hizmetleri kullanamazsınız. İşbu Hükümler sizinle yapılan önceki sözleşmelerin ve anlaşmaların açıkça önüne geçer. Uber herhangi bir zamanda herhangi bir sebeple işbu Hükümleri ve Hizmetleri derhal sonlandırabilir, teklifleri durdurabilir ya da Hizmetlere erişimi reddedebilir.

Bazı Hizmetlere, belirli bir etkinlik, eylem veya tanıtım için politikalar gibi ek hükümler koşulabilir. Bu tür ek hükümler, geçerli Hizmetlerle bağlantılı olarak tarafınıza bildirilecektir. Ek hükümler, geçerli Hizmetlerin kullanım amaçları doğrultusunda Hükümlere ek olarak ve onların bir parçası olarak görülecektir. Ek hükümler, ilgili Hizmetlerle bağlantılı bir anlaşmazlık durumunda işbu Hükümlerin önüne geçer.

Uber zaman zaman Hizmetlerle ilgili Hükümleri değiştirebilir. Değişiklikler, Uber'in bu tür güncellenmiş Hükümleri veya geçerli Hizmetlerle ilgili değiştirilmiş politikaları ya da ek hükümleri bildirmesi üzerine yürürlüğe girer. Bu tür bir bildirimden sonra Hizmetlere erişime veya Hizmetlerin kullanımına devam etmeniz, değiştirilmiş Hükümlerle bağlı kalmayı kabul ettiğiniz anlamına gelir.

Geçerli Hizmetlerle ilgili kişisel bilgilerin toplanması ve kullanımı Uber'in https://www.uber.com/legal adresindeki Gizlilik Politikası'nda belirtildiği şekildedir. Uber sizi ve (taşımacılık ağı şirketi sürücüsü dâhil) Üçüncü Şahıs Sağlayıcı'yı içeren kazanın da söz konusu olabileceği herhangi bir şikayet, tartışma veya anlaşmazlık durumunda, bu tür bilgiler ya da veriler şikayetin, tartışmanın ya da anlaşmazlığın çözülebilmesi için gerekliyse gerekli bilgileri bir hasar işlemcisine veya sigorta verene sağlayabilir.

2. Hizmetler

Hizmetler, Uber ve bazı Uber'e bağlı kurumlar (“Üçüncü Şahıs Sağlayıcılar”) arasındaki sözleşme altında, bağımsız üçüncü şahıs taşımacılık sağlayıcıları ve bağımsız üçüncü şahıs lojistik sağlayıcılarıyla taşımacılık ve/veya lojistik hizmetleri ayarlamak ve planlamak için, kullanıcıların Hizmetler'in (her biri “Uygulama” olarak anılır) bir parçası olarak sağlanan Uber'in mobil uygulamalarına veya internet sayfalarına erişmesini sağlayan bir teknoloji platformu oluşturur. Uber aksi durumu sizinle yaptığı bir yazılı sözleşmeyle kabul etmezse Hizmetler, sadece sizin kişisel kullanımınıza sunulur ve ticari amaçla kullanılamaz. UBER'IN TAŞIMACILIK VEYA LOJİSTİK HİZMETİ SAĞLAMADIĞINI YA DA TAŞIMACI OLARAK GÖREV YAPMADIĞINI VE TÜM BU TAŞIMACILIK VE LOJİSTİK HİZMETLERİN UBER'İN VEYA HERHANGİ BİR BAĞLI KURUMUN ÇALIŞANI OLMAYAN BAĞIMSIZ ÜÇÜNCÜ ŞAHIS TARAFLARCA SAĞLANDIĞINI KABUL ETMEKTESİNİZ.

Lisans.

İşbu Hükümleri kabulünüze bağlı olarak Uber size aşağıdaki amaçlarla sınırlı, özel olmayan, alt lisansı verilemez, geri alınabilir, devredilemez bir lisans sağlar: (i) sadece Hizmetlerden faydalanma amacıyla kullandığınız kişisel cihazınızda Uygulamalara erişim ve kullanım; (ii) Hizmetler aracılığıyla mevcut kılınan içerik, bilgi ve ilgili malzemelere sadece kişisel, ticari olmayan erişim ve kullanım amacıyla. Burada açıkça belirtilmeyen haklar Uber'de ve Uber'in lisans verenlerinde saklıdır.

Kısıtlamalar.

Aşağıdakilere izin verilmez: (i) hizmetlerin herhangi bir bölümünden telif hakkını, ticari markayı veya diğer müseccel bildirileri kaldırma; (ii) Uber tarafından açıkça belirtilmediği müddetçe Hizmetlere bağlı yeniden üretim, değiştirme veya türev ürün hazırlama, dağıtma, lisans verme, kiralama, satma, yeniden satma, devretme, kamuya açma, kamuya sağlama, iblağ etme, yayınlama veya diğer şekillerde Hizmetleri kötüye kullanma; (iii) yürürlükteki kanunun izin verdiği ölçü dışında Hizmetleri kaynak koda dönüştürme, ters mühendislik yapma veya parçalara ayırma; (iv) hizmetlerin herhangi bir parçasını eşleştirme, ikizleme veya çerçeveleme; (v) kazıma, endeksleme, araştırma veya diğer bir şekilde veri madenciliği işlemi amacıyla veya Hizmetlerin çalışmasına ya da işlevine aşırı derecede yükleme yapan veya engelleyen herhangi bir program veya kod başlatma ya da kullanma; (vi) Hizmetlere, ilgili sistemlere veya ağlara yetkisiz erişim sağlama veya bozma girişimi.

Hizmetlerin Sağlanması.

Hizmetlerin herhangi bir kısmının, “Uber,” “uberPOP,” “uberX,” “uberXL,” “UberBLACK,” “UberSUV,” “UberBERLINE,” “UberVAN,” “UberEXEC,” ve “UberLUX” ile şuanda “UberRUSH,” “UberFRESH” ve “UberEATS” olarak anılan taşımacılık markaları dâhil, Uber'in taşımacılık ve lojistikle ilgili çeşitli markaları veya talep seçenekleri altında mevcut kılınabileceğini kabul etmektesiniz. Aşağıdaki durumlarda da Hizmetlerin, bu markalara ve talep seçeneklerine mevcut kılınabileceğini kabul etmektesiniz: (i) bazı Uber iştirakleri ve bağlı kuruluşlar; (ii) taşımacılık ağı şirketi sürücüleri, taşımacılık sözleşmesi iznine veya benzer taşımacılık izinlerine, yetkilerine ya da lisanslarına sahip olanlar dâhil bağımsız Üçüncü Şahıs Sağlayıcılar.

Üçüncü Şahıs Hizmetleri ve İçerik.

Hizmetler, (reklam dâhil) Uber'in kontrolünde olmayan üçüncü şahıs hizmetleri ve içeriğiyle ilgili olarak mevcut kılınabilir veya erişim sağlanabilir. Farklı kullanım hükümlerinin ve gizlilik politikalarının, üçüncü şahıs hizmetleri ve içeriğini kullanmanız durumunda da geçerli olduğunu kabul etmektesiniz. Uber bu tür üçüncü şahıs hizmetlerini ve içeriğini desteklemez ve hiçbir şekilde üçüncü şahıs sağlayıcılarının ürünlerinden veya hizmetlerinden sorumlu ya da yükümlü tutulamaz. Hizmetlere Apple iOS, Android, Microsoft Windows tarafından geliştirilen Uygulamaları ya da Blackberry mobil cihazlarını kullanarak erişirseniz Apple Inc., Google, Inc., Microsoft Corporation veya BlackBerry Limited ve/veya uluslararası bağlı kuruluşları da bu sözleşmede üçüncü şahıs hak sahipleri olur. Bu üçüncü şahıs hak sahipleri, bu sözleşmede taraf değildir ve herhangi bir şekilde Hizmetlerin sağlanmasından veya desteklenmesinden sorumlu tutulamazlar. Bu cihazları kullanarak Hizmetlere erişiminiz üçüncü taraf hak sahibinin hizmet hükümlerinde belirtilen hükümlere tabidir.

Mülkiyet.

Hizmetler ve belirtilen haklar Uber'in veya Uber'e lisans verenlerin mülkiyetindedir ve öyle kalacaktır. Ne bu Hükümler ne de sizin Hizmet kullanımınız size aşağıdaki hakları sağlamaz veya vermez: (a) yukarıda belirtilen sınırlı lisans dışında Uber Hizmetleri ile ilgili haklar; (b) Uber'in veya lisans verenlerinin şirket adlarını, logolarını, ürün ve hizmet adlarını, marka adlarını ya da hizmet markalarını kullanma veya referans gösterme hakkı.

3. Hizmetleri Kullanımınız
Kullanıcı Hesapları.

Hizmetlerden birçok açıdan yararlanmak içinetkin bir kişisel kullanıcı Hizmet hesabına (“Hesap”) kaydolmanız ve kullanmanız gereklidir. Bir Hesaba sahip olmak için en az 18 veya (18'den farklı ise) ülkenizdeki yargıya göre yasal olan yaşta olmalısınız. Hesap açarken Uber'e en az bir tane geçerli ödeme şeklinin (kredi kartı veya kabul edilmiş bir ödeme ortağı) yanı sıra adınız, adresiniz, cep telefonu numaranız ve yaşınız gibi bazı kişisel bilgiler vermeniz gerekmektedir. Hesabınızda doğru, tam ve güncel bilgiler olacağını kabul etmektesiniz. Geçersiz veya vadesi dolmuş bir ödeme şekli gibi doğru, tam ve güncel Hesap bilgileri sağlamamanız Hizmetlere erişiminizin ve Hizmetleri kullanımınızın engellenmesiyle veya Uber'in bu Sözleşme'yi feshetmesiyle sonuçlanabilir. Hesabınızda gerçekleşen tüm eylemlerden siz sorumlusunuz ve Hesabınızdaki kullanıcı adınızı ve şifrenizi her zaman güvenli ve gizli tutacağınızı kabul etmektesiniz. Uber tarafından yazılı olarak izin verilmediği sürece sadece bir Hesaba sahip olabilirsiniz.

Kullanıcı Gereklilikleri ve Davranışı.

Hizmet, 18 yaşın altındaki kişilerin kullanımına sunulmaz. Hesabınızı kullanmaları için üçüncü şahıslara yetki veremezsiniz ve tarafınızca eşlik edilmediği sürece 18 yaş altındakilerin Üçüncü Şahıs Sağlayıcılar'dan taşımacılık veya lojistik hizmeti almasına izin veremezsiniz. Başka şahıslara ve kurumlara Hesabınızı atayamaz veya devredemezsiniz. Hizmetleri kullanırken yürürlükteki tüm kanunlara uyacağınızı kabul etmektesiniz ve Hizmetleri sadece yasal amaçlarla kullanabilirsiniz (örn., yasal olmayan ve tehlikeli maddelerin taşınmaması). Hizmetleri kullanırken Üçüncü Şahıs Sağlayıcılar'da veya diğer şahıslarda rahatsızlığa, kızgınlığa, uygunsuz durumlara veya mal zararına sebep olamazsınız. Bazı durumlarda Hizmetlere erişiminiz ve Hizmetleri kullanımınız için kimlik doğrulaması sorulabilir. Kimlik kanıtı göstermeyi reddetmeniz durumunda Hizmetlere erişiminizin ve Hizmetleri kullanımınızın engellenebileceğini kabul etmektesiniz.

Mesaj Gönderme.

Bir Hesap oluşturunca Hizmetlerin, Hizmetleri kullanmanızın normal bir iş faaliyeti parçası olarak size bilgilendirme mesajı (SMS) gönderebileceğini kabul etmektesiniz. [email protected] adresine, mesajları aldığınız mobil cihazın telefon numarasıyla birlikte artık bu tür mesajları almak istemediğinizi belirten bir e-posta göndererek her zaman Uber'in metin mesajlarını (SMS) almaktan vazgeçebilirsiniz. Metin mesajlarını (SMS) almaktan vazgeçmenizin Hizmetleri kullanımınızı etkileyebileceğini kabul etmektesiniz.

Promosyon Kodları.

Uber, kendi takdirine bağlı olarak, Hesap kredisi, Hizmetlerle ve/veya Üçüncü Şahıs Sağlayıcıların hizmetleriyle alakalı diğer özellikler veya ayrıcalıkların yerine geçebilecek ve Uber'in her biri için koşacağı ek hükümlere tabi olan promosyon kodları (“Promo Kodlar”) oluşturabilir. Promo Kodlar: (i) planlanan kişiler için ve planlanan amaçlarla yasalara uygun şekilde kullanılmalıdır; (ii) Uber tarafından açıkça belirtilmedikçe kopyalanamaz, satılamaz, herhangi bir şekilde devredilemez veya (kamu belgelerinde yayınlama veya başka bir şekilde) kamuya açık hâle getirilemez; (iii) Uber tarafından Uber'in herhangi bir yükümlülüğü olmaksızın herhangi bir zamanda herhangi bir nedenle geçersiz kılınabilir; (iv) Uber'in her bir Promo Kod için öne sürdüğü belirli şartlara uygun olarak kullanılabilir; (v) nakit yerine geçmez; (vi) kullanımınızdan önce süresi dolabilir. Uber, Promo Kodun kullanımının veya para yerine geçmesinin hatalı, düzmece, yasadışı veya yürürlükteki Promo Kodu şartlarını ya da işbu Hükümleri ihlâl edecek şekilde olduğuna karar vermesi durumunda, tarafınızca ya da başka bir şahıs tarafından Promo Kodların kullanımıyla elde edilen kredileri ve diğer özellikleri veya ayrıcalıkları kısıtlama veya iptal etme hakkını saklı tutar.

Kullanıcının Sağladığı İçerik.

Uber, kendi takdirine bağlı olarak, zaman zaman Hizmetlerle ilgili yorum ve geribildirim, destek isteklerinin kabulüyle rekabet ve promosyon girişlerinin teslimi dâhil metin, ses ve/veya görüntü şeklindeki içerik ve bilgileri (“Kullanıcı İçeriği”) Hizmetler aracılığıyla sunmanıza, yüklemenize, yayınlamanıza ya da Uber'e sağlamanıza izin verebilir. Tarafınızca sağlanan Kullanıcı İçeriği size aittir. Ancak Uber'e Kullanıcı İçeriği sağlayarak Uber'e alt lisans verme, kullanma, kopyalama, değiştirme, ikincil ürünler oluşturma, dağıtma, kamuya açma, kamu önünde uygulamayla tüm biçimlerde ve (Hizmetlerle, Uber'in işiyle, üçüncü şahısların iş alanlarıyla ve hizmetleriyle ilgili) bilinen tüm dağıtım kanallarında size bildirmeden ve izninizi almadan, size, başka şahıslara veya kuruluşlara ödeme yapmaksızın her şekilde kullanma hakkıyla birlikte dünya çapında, süresiz, geri alınamaz, devredilebilir, telifsiz lisans vermektesiniz.

Aşağıdaki maddeleri beyan ve garanti etmektesiniz: (i) Tüm Kullanıcı İçeriğinin tek ve yegâne sahibi olduğunuzu veya yukarıda belirtildiği şekilde Uber'e Kullanıcı İçeriğinin lisansını vermek için gerekli tüm haklara, lisanlara, izinlere ve feragatlere sahip olduğunuzu; (ii) Ne Kullanıcı İçeriğini kullanmanız, sunmanız, yüklemeniz, yayımlamanız veya herhangi bir şekilde mevcut kılmanız ne de Uber'in izin verildiği şekilde Kullanıcı İçeriğini kullanmasının üçüncü şahısların fikri mülkiyet hakkını, mülkiyet hakkını, kamusallık veya gizlilik hakkını ihlâl etmeyeceğini, uygunsuz kılmayacağını veya yürürlükteki kanun ve düzenlemelerin ihlâliyle sonuçlanmayacağını.

İftira niteliğinde, karalayıcı, nefret dolu, şiddet içeren, müstehcen, pornografik, kanundışı veya herhangi bir şekilde saldırgan Kullanıcı İçeriği vermeyeceğinizi kabul etmektesiniz. Uber, kendi takdirine bağlı olarak, bu tür bilgilerin kanun tarafından korunup korunmayacağına karar verir. Uber, kendi takdirine bağlı olarak, herhangi bir zamanda ve herhangi bir nedenle, size bildirmeden Kullanıcı İçeriğini inceleyebilir, gözlemleyebilir veya kaldırabilir ancak bunu yapmakla yükümlü değildir.

Ağ Erişimi ve Cihazlar.

Hizmetleri kullanmak için gerekli olan veri ağı erişimini sağlamaktan siz sorumlusunuz. Kablosuz internet erişimi olan bir cihazdan Hizmetlere erişirseniz veya Hizmetleri kullanırsanız mobil ağ veriniz kullanılabilir, mesajlaşma tarifeleri ve ücretleri uygulanabilir. Hizmetlerin ve Uygulamaların erişimi ve kullanımı için gerekli olan uygun yazılım ve cihazlarla güncellemeleri sağlamak ve güncel tutmak sizin sorumluluğunuzdadır. Uber, Hizmetlerin ve herhangi bir kısmının belirli bir yazılım ve cihazla çalışacağını garanti etmez. Hizmetler, internet ve elektronik iletişim kullanımına bağlı olarak arızalara ve gecikmelere maruz kalabilir.

4. Ödeme

Üçüncü Şahıs Sağlayıcılar'dan aldığınız hizmetler ve mallar için Hizmet kullanımınızın ücretlendirilebileceğini kabul etmektesiniz (“Ücretler”). Hizmetleri kullanımınızla elde ettiğiniz hizmetleri veya malları aldıktan sonra Uber, Üçüncü Şahıs Sağlayıcı'nın limitet ödeme tahsilatı temsilcisi gibi, Üçüncü Şahıs Sağlayıcı adına uygulanan ücretleri ödemenize olanak sağlayacaktır. Ücretlerin bu şekilde ödenmesi, tarafınızca Üçüncü Şahıs Sağlayıcı'ya doğrudan yapılan ödemeyle aynı sayılacaktır. Ücretlere, kanun gerektirdiği uygulanabilir vergiler dâhil olacaktır. Tarafınızca ödenen ücretler, Uber aksini belirtmedikçe nihaidir ve geri ödenmez. Üçüncü Şahıs Sağlayıcı'dan hizmetleri ve malları aldığınız sırada, aldığınız hizmetler ve mallar için daha düşük ücret talep etme hakkınız saklıdır. Uber, belirli bir hizmet veya mal için Üçüncü Şahıs Sağlayıcı'dan gelen Ücret değişikliği taleplerini yanıtlayacaktır.

Tüm Ücretler derhal ödenmelidir ve ödeme Hesabınızda belirtilmiş tercih edilen ödeme şekli kullanılarak Uber tarafından sağlanacak ve sonrasında Uber, faturayı e-posta yoluyla iletecektir. Birincil Hesap ödeme şekliniz süresi dolmuş, geçersiz veya başka bir nedenle kabul edilmezse Uber'in Üçüncü Şahıs Sağlayıcı'nın limitet ödeme tahsilatı temsilcisi olarak varsa Hesabınızdaki ikinci ödeme şeklini kullanacağını kabul etmektesiniz.

Siz ile Uber arasında, Uber kendi takdirine bağlı olarak Hizmetlerin kullanımıyla elde edilen hizmetlerin ve malların tümünü veya bir kısmını ücretlendirme, ücreti kaldırma veya değiştirme hakkını saklı tutar. Bazı coğrafik bölgelerde, fazla talep olduğu zamanlarda Ücretlerin büyük oranda artabileceğini kabul ve beyan etmektesiniz. Hesabınızda uygulanan Ücretlerden veya miktarlarından haberiniz olup olmamasına bakılmaksızın, sizin sorumlu olacağınız koşuluyla Uber sizi uygulanabilir Ücretlerden haberdar etmek için ciddi bir çaba gösterecektir. Uber zaman zaman bazı kullanıcılara, Hizmetlerin kullanımıyla elde edilen aynı ya da benzer hizmet veya mallar için farklı fiyat miktarı belirten promosyon teklifleri ve indirimleri sunabilir. Bu promosyon teklifleri ve indirimleri size sağlanmadıysa Hizmetleri kullanımınızla ve size uygulanan Ücretlerle ilgisi yoktur. Üçüncü Şahıs Sağlayıcı'nın varış zamanından önce herhangi bir zamanda, Üçüncü Şahıs Sağlayıcı'dan hizmet veya mal alma isteğinizi iptal edebilirsiniz ancak bu durumda, iptal etme bedeli uygulanır.

Bu ödeme yapısı, Üçüncü Şahıs Sağlayıcı'nın sağladığı hizmetlerin ve malların bedelini tamamen karşılamasını amaçlar. Uygulama ile talep edilen taksi taşımacılık hizmetleri dışında Uber, ödemenizin hiçbir kısmını Üçüncü Şahıs Sağlayıcı'ya bahşiş veya ikramiye olarak vermez. Uber'in (Uber'in web sayfasında, Uygulama'da veya Uber'in pazarlama araçlarında) bahşişle ilgili yaptığı 'isteğe bağlı', 'gerekli değildir' ve/veya sağlanan hizmetlere ya da mallara yaptığınız ödemelere 'dahildir' ifadelerinin amacı hiçbir şekilde Uber'in Üçüncü Şahıs Sağlayıcı'ya yukarıda belirtilenden ayrı olarak ek miktarlar ödediğini öne sürmek değildir. Hizmet aracılığıyla elde edilen hizmetleri ve malları size sağlayan Üçüncü Şahıs Sağlayıcı'ya bahşiş olarak ek ödeme yapmakta özgür olduğunuzu ancak buna zorunlu olmadığınızı kabul ve beyan etmektesiniz. Bahşiş verme isteğe bağlıdır. Hizmet aracılığıyla elde edilen hizmetleri ve malları aldıktan sonra, Üçüncü Şahıs Sağlayıcı hakkında deneyiminizi puanlama ve geribildirim bırakma şansınız olacaktır.

Tamir veya Temizlik Bedeli.

Hesabınızın altında Hizmetin kullanımından doğan Üçüncü Şahıs Sağlayıcı araçlarına ve malına normal yıpranma ve aşınmayla kirlenmenin ötesinde verilen hasarın ya da gerekli temizliğin bedelinden siz sorumlu olacaksınız (“Tamir veya Temizlik”). Üçüncü Şahıs Sağlayıcı'nın Tamir veya Temizlik ihtiyacı rapor etmesi ve bu Tamir veya Temizlik isteğini Uber'in, makul takdirine bağlı olarak, onaylaması durumunda Uber, bu Tamir ve Temizlik'in makul bir fiyat olarak Üçüncü Şahıs Sağlayıcı adına ödenmesine Hesabınızda belirtilen ödeme şeklinizi kullanarak olanak sağlama hakkını saklı tutar. Bu tür miktarlar Uber tarafından ilgili Üçüncü Şahıs Sağlayıcı'ya aktarılır ve geri ödenmez.

5. Feragatler; Sorumluluğun Sınırlanması; Teminat.
FERAGAT.

HİZMETLER BU ŞEKİLDE VE OLDUĞU GİBİ SAĞLANIR. UBER İMA EDİLEN PAZARLANABİLİRLİK GÜVENCELERİ DÂHİL, BELİRLİ BİR AMACA UYGUN OLAN VE İHLALE SEBEP OLMAYAN BU HÜKÜMLERDE AÇIKÇA BELİRTİLMEYEN AÇIK, İMA EDİLEN VEYA KANUNİ TÜM İFADELERİ VE İZİNLERİ REDDEDER. UBER AYRICA, HİZMETLERİN KULLANIMIYLA ELDE EDİLEN HİZMETİN, HERHANGİ BİR HİZMETİN VEYA MALIN GÜVENİLİRLİĞİNİ, DAKİKLİĞİNİ, KALİTESİNİ, UYGUNLUĞUNU VEYA MEVCUDİYETİNİ YA DA HİZMETİN KESİNTİSİZ VE HATASIZ OLACAĞINI İFADE ETMEZ, KEFİL OLMAZ YA DA GARANTİ ETMEZ. UBER, ÜÇÜNCÜ ŞAHIS SAĞLAYICILARIN KALİTESİNİ, UYGUNLUĞUNU, GÜVENLİĞİNİ VEYA YETENEĞİNİ GARANTİ ETMEZ. HİZMETLERİ VEYA ONLARLA BAĞLANTILI OLARAK TALEP EDİLEN HERHANGİ BİR HİZMETİ YA DA MALI KULLANIMINIZDAN DOĞACAK TÜM RİSKİN, YÜRÜRLÜKTEKİ KANUNUN İZİN VERDİĞİ AZAMİ ÖLÇÜDE SİZE AİT OLACAĞINI KABUL ETMEKTESİNİZ.

SORUMLULUĞUN SINIRLANMASI.

UBER BU TÜR HASARLARIN OLMA OLASILIĞINA KARŞI UYARMIŞ OLSA BİLE HİZMETLERİN KULLANIMIYLA BAĞLANTILI VEYA HERHANGİ BİR ŞEKİLDE BUNUN SONUCU OLAN KÂR KAYBI, VERİ KAYBI, KİŞİSEL YARALANMA VE MAL HASARI DÂHİL HİÇBİR DOLAYLI, TESADÜFİ, HUSUSİ, EMSAL NİTELİĞİNDE, CEZA GEREKTİREN VE SONUCU OLAN HASARLARDAN YÜKÜMLÜ DEĞİLDİR. UBER BU TÜR HASARLARIN OLMA OLASILIĞINA KARŞI UYARMIŞ OLSA BİLE AŞAĞIDAKİLERDEN KAYNAKLANAN HERHANGİ BİR HASARDAN, YÜKÜMLÜLÜKTEN VEYA KAYIPTAN SORUMLU TUTULAMAZ: (i) HİZMETLERİ KULLANIMINIZ, HİZMETLERLE ALÂKANIZ YA DA HİZMETLERE ERİŞİMİNİZİN VEYA KULLANIMINIZIN AKSAMASI; (ii) SİZİNLE ÜÇÜNCÜ ŞAHIS SAĞLAYICI ARASINDAKİ HERHANGİ BİR İŞLEM YA DA İLİŞKİ. UBER'İN MAKUL KONTROLÜNÜN DIŞINDAKİ SEBEPLERDEN KAYNAKLANAN PERFORMANS GECİKMELERİNDEN YA DA BAŞARISIZLIKLARINDAN UBER YÜKÜMLÜ DEĞİLDİR. BAZI İSTEK MARKALARIYLA TALEP EDİLEN TAŞIMACILIK HİZMETLERİNİ VEREN ÜÇÜNCÜ ŞAHIS TAŞIMACILIK SAĞLAYICILARININ ORTAK ARAÇ KULLANIMI VE KİŞİLER ARASI TAŞIMACILIK TEKLİF EDEBİLECEĞİNİ, AYRICA PROFESYONEL OLARAK LİSANSLI YA DA İZİNLİ OLMAYABİLECEĞİNİ KABUL EDERSİNİZ. HİÇBİR ŞEKİLDE UBER'İN HİZMETLERLE İLGİLİ TÜM HASAR, KAYIP VE HUKUKİ SEBEPLER İÇİN SİZE KARŞI OLAN YÜKÜMLÜLÜĞÜ BEŞ YÜZ EURO (500)'YU GEÇEMEZ.

UBER HİZMETLERİNİ ÜÇÜNCÜ ŞAHIS SAĞLAYICILARDAN TAŞIMACILIK, MAL VEYA LOJİSTİK HİZMETLERİ TALEP ETMEK VE PLANLAMAK İÇİN KULLANABİLİRSİNİZ ANCAK UBER'İN, İŞBU HÜKÜMLERDE AÇIKÇA BELİRTİLENLER DIŞINDA, ÜÇÜNCÜ ŞAHIS SAĞLAYICILAR TARAFINDAN VERİLEN TAŞIMACILIK, MAL VEYA LOJİSTİK HİZMETLERİ İÇİN SİZE KARŞI HİÇBİR YÜKÜMLÜLÜĞÜ BULUNMADIĞINI KABUL ETMEKTESİNİZ.

İŞBU BÖLÜM 5'TEKİ SINIRLAMALAR VE FERAGAT, BİR MÜŞTERİ OLARAK, YÜRÜRLÜKTEKİ KANUNEN HARİÇ TUTULAMAYAN HAKLARINIZI DEĞİŞTİRMEYİ VEYA YÜKÜMLÜLÜĞÜ KISITLAMAYI AMAÇLAMAZ.

Teminat.

Aşağıdakilerden kaynaklanan veya onlarla ilgili olan iddiaların, taleplerin, kayıpların, yükümlülüklerin ve (avukat masrafları dâhil) harcamaların her birinden Uber'e, yetkililerine, yöneticilerine, çalışanlarına ve temsilcilerine zarar gelmeyeceğini temin etmektesiniz: (i) Hizmetlerin kullanımıyla elde edilen Hizmetler veya mallar; (ii) işbu Hükümlerin herhangi birinin çiğnenmesi veya ihlali; (iii) Uber'in Kullanıcı İçeriği'ni kullanması; (iv) Üçüncü Şahıs Sağlayıcılar dâhil herhangi bir üçüncü şahsın haklarının ihlâli.

6. Uygulanacak Hukuk; Tahkim.

Bu Hükümlerde aksi belirlenmediği takdirde bu Hükümler kanunlar ihtilafına dair kurallar hariç olmak üzere münhasır şekilde Hollanda yasalarına tabidir ve onlara göre yorumlanır. 1980 tarihli, Malların Uluslararası Satışına dair Viyana Sözleşmesi (CIGS) geçerli değildir. Bu Hükümlerin geçerliliği, yapısı ve uygulanabilirliği dâhil olmak üzere, ondan veya geniş anlamda onunla bağlantılı ya da ilişkili bir şekilde ortaya çıkan her türlü anlaşmazlık, uyuşmazlık veya ihtilaf (“Anlaşmazlık”) öncelikle zorunlu olarak Uluslararası Ticaret Odası Arabuluculuk Kuralları (“ICC Arabuluculuk Kuralları”) kapsamında arabuluculuk sürecine tevdi edilir. Adı geçen ihtilafın, belirtilen ICC Aracılık Kuralları kapsamında, İhtilafların Barış Yoluyla Halli isteğinin ibraz edilmesinden itibaren 60 gün içinde halledilmemesi durumunda, söz konusu ihtilaf, münhasır ve nihai olarak, Uluslararası Ticaret Mahkemesi Tahkim Kuralları (ICC Tahkim Kuralları) kapsamında, tahkim yoluyla çözüme kavuşturulur. ICC Kuralları Acil Durum Hakemi hükümleri hariç tutulmuştur. İhtilaf, ICC Kurallarına uygun olarak görevlendirilecek olan bir (1) hakem tarafından çözüme kavuşturulacaktır. Arabuluculuk ve tahkim yeri, Brüksel I'in 18. maddesini mükerrer Yönetmelik (OJ EU 2012 L351/1) ve/veya Hollanda Medeni Hukuku'nun 6:236n numaralı maddesi tarafından sahip olduğunuz haklar saklı kalmak koşuluyla Amsterdam, Hollanda olacaktır. Arabuluculuk ve/veya tahkim dili İngilizce olacaktır. İngilizce bilmiyorsanız arabuluculuk ve/veya tahkim, hem İngilizce hem de ana dilinizde gerçekleştirilecektir. Taraflarca teslim edilen belgeler ve evraklar, Uluslararası Ticaret Odası'na yapılan ve ondan gelen yazışmalar, arabulucuya yapılan ve ondan gelen yazışmalar, tek hakem tarafından verilen emirler ve tahkim kararları dâhil olmak üzere arabuluculuk ve tahkim süreçlerinin varlığı ve içeriği gizli kalır ve aşağıdaki durumlar dışında diğer tarafın yazılı izni olmadan başka üçüncü şahıslarla paylaşılamaz: (i) arabuluculuk ve tahkim süreçlerini gerçekleştirirken üçüncü şahsa ifşaat makul bir sebeple gerekliyse; (ii) üçüncü şahıs, bu Sözleşmede şart koşulan gizlilik zorunluluğunu koşulsuz olarak yazılı bir şekilde kabul ediyorsa.

7. Diğer Hükümler
Telif Hakkı İhlali İddiaları.

Telif hakkı ihlali iddiaları, Uber'in atanmış temsilcisine gönderilmelidir. Belirlenmiş adres ve ek bilgi için Uber'in https://www.uber.com/legal adresindeki sayfasını ziyaret edin.

Bildirim.

Uber, Hizmetler üzerinden genel bir bildirim olarak, e-posta adresinize e-posta göndererek veya Hesabınızda belirtilen ikamet adresine yazılı tebliğ göndererek bildirimde bulunabilir. Uber'in Mr. Treublaan 7, 1097 DP, Amsterdam, Hollanda adresine yazılı tebliğ göndererek Uber'e bildirimde bulunabilirsiniz.

Genel.

İşbu Hükümleri, Uber'in yazılı onayı olmaksızın bir bütün olarak veya herhangi bir parçasını temlik veya devir edemezsiniz. Uber'e işbu Hükümleri bir bütün olarak veya herhangi bir parçasını aşağıdakilere temlik veya devretme hakkının onayını vermektesiniz: (i) iştirak veya bağlı kuruluş; (ii) Uber'in net varlığını, işini veya varlıklarını devralıcı; (iii) şirket birleşmesi yoluyla halef. Siz, Uber veya herhangi bir Üçüncü Şahıs Sağlayıcı arasında, sizle Uber arasındaki anlaşmadan ya da Hizmetlerin kullanımından doğan ortak teşebbüs, ortaklık, istihdam veya temsilcilik ilişkisi bulunmaz.

Bu Sözleşmenin herhangi bir hükmü bütünüyle ya da kısmi olarak herhangi bir kanuna göre yasa dışı, geçersiz veya uygulanamaz bulunursa bu hüküm ya da hükmün kısmı o ölçüde bu Sözleşmenin parçası olarak görülmeyecektir ancak bu Sözleşmenin geri kalanının yasallığı, geçerliliği ve uygulanabilirliği etkilenmez. Bu durumda taraflar yasa dışı, geçersiz veya uygulanamaz olan hükmü veya bir kısmını mümkün olan en fazla şekilde bu Sözleşmenin içeriğine ve amacına uygun olan başka bir yasal, geçerli ve uygulanabilir bir hükümle veya bir kısmıyla değiştirir. İşbu Hükümler, tüm sözleşmeyi ve tarafların bu Sözleşmenin ana fikri hakkındaki anlayışını teşkil eder ve bu ana fikre ilişkin tüm önceki ve muasır sözleşmelerin veya sorumlulukların yerine geçer ve onları hükümsüz kılar. Bu Sözleşmede “dahil olan” ve “içerir” kelimeleri “dahil olan ancak bunlarla sınırlı olmayan” anlamına gelir.

www.uber.com

Юридическая информация | Uber

UBER HEALTH

DASHBOARD TERMS AND CONDITIONS

As of February 28, 2018

These Uber Health Dashboard Terms and Conditions (“Terms”) are entered into by and between UBER HEALTH, LLC, a Delaware limited liability company, located at 1455 Market Street, Suite 400, San Francisco, CA 94103 (“Uber”) and the company identified within this sign-up page (“Company”). Capitalized terms used herein shall have the meaning ascribed to them in these Terms. These Terms set forth the terms and conditions under which Company may access the Uber Health Dashboard and Central Billing on behalf of Company’s employees, customers, and other individuals via use of the Uber Health Dashboard product. Company’s use of the Uber Health Dashboard and access to Central Billing is subject to these Terms, as may be modified or updated by Uber from time to time, effective upon posting of an updated version of the Terms at health.uber.com. Uber will provide Company with a notice of any such modifications or updates via email and/or the Uber Health Dashboard, and Company is responsible for regularly reviewing the Terms. Continued use of Uber Health Dashboard or Central Billing after any such modifications or updates shall constitute Company’s consent to such changes.

1. CERTAIN DEFINITIONS

“Active User” means an individual with an active personal Uber Technologies Inc. (“Uber”) user account for the Uber Service, the creation of which requires (i) registering with Uber, (ii) and accepting the User Terms.

“Affiliate” means an entity that, directly or indirectly, controls, is under the control of, or is under common control with a party, where control means having more than fifty percent (50%) of the voting stock or other ownership interest, the majority of the voting rights of such entity, the ability of such entity to ensure that the activities and business of that Affiliate are conducted in accordance with the wishes of that entity or the right to receive the majority of the income of that Affiliate on any distribution by it of all of its income or the majority of its assets on a winding up of Company.

“Designated Recipient” means an individual(s) authorized by a Company User to provide information to Uber Health, and receive notifications from Uber Health, including but not limited through SMS, regarding such Company User’s ride.

“Central Billing” means an enterprise billing and payment process for the Uber Service provided by Uber Health to Company hereunder for User Charges, with payment due from Company pursuant to a statement delivered by Uber Health to Company on a monthly basis.

“Company User” means any Active User or Guest User.

“Guest User” means (i) an individual who is not an Active User, and (ii) Designated Recipients.

“Uber App” means Uber’s mobile application or mobile website (m.uber.com) required for personal use of the Uber Service, as may be updated by Uber or its Affiliates from time to time.

“Uber Service” means Uber Health’s or its Affiliates’ technology service that enables users to request on-demand ground transportation and logistics services from independent third-party providers.

“User Charges” means charges incurred by Company Users for the use of the Uber Service, including any applicable tolls, foreign transaction fees, taxes, and any other fees or charges that may be due for a particular use of the Uber Service.

“User Terms” means the terms and conditions applicable to all users of the Uber Service, available at www.uber.com/legal, as may be updated by Uber or its Affiliates from time to time.

2. PROVISION OF SERVICES TO COMPANY

2.1 Access to Services. Uber Health will establish a Company corporate account that will enable Company to request the Uber Service and provide Central Billing on behalf of any Company User. Company expressly acknowledges and agrees that any and all transportation services provided to Company Users are provided neither by Uber Health nor by Company, but by independent third-party transportation providers. As part of the corporate account, Company agrees to provide and maintain during the Term a valid Company credit card number (the “Company Card”) that may be charged for Central Billing as set forth herein. Company acknowledges that any Company User utilizing Central Billing will incur User Charges to the account of Company, and not to the Company User’s personal account or credit card. Subject to Company’s compliance with these Terms, Uber Health agrees to use commercially reasonable efforts to provide the Uber Service and Central Billing to Company and the Company Users as set forth herein.

2.2 Active Users; Guest Users.

2.2.1 Prior to requesting the Uber Service on behalf of any Company User, Company shall obtain from the Company User and submit to Uber Health the following information with respect to such Company User: (i) first and last name, (ii) active telephone number, (iii) pick-up and drop-off address, and (iv) other information the parties may mutually agree upon, in order to permit Uber Health to confirm whether such Company User is an Active User or a Guest User. Company shall ensure that all data provided to Uber Health is accurate and complete, and Uber Health shall not be liable to Company, any Company User or any other party with respect to inaccurate or incomplete data supplied by Company.

2.2.2 Company shall be solely responsible for contacting, or facilitating contact with, any Guest User for whom Company requests the Uber Services. Uber Health shall have no responsibility for contacting or providing messaging of any sort pursuant to these Terms to any individual who is not an Active User.

2.2.4 Company may provide to Uber Health the name and phone number of a Designated Recipient in order for Uber Health to provide notifications regarding a Company User’s ride to such Designated Recipient, including via SMS messaging. Uber Health shall not be liable to Company, any Company User, any Designated Recipients or any other party with respect to inaccurate or incomplete Designated Recipient information supplied by Company.

2.3 Responsibility for Company User Charges. Company agrees that (a) Company is responsible for all User Charges incurred by Company Users via Central Billing, regardless of whether such User Charge was authorized between Company User and Company and (b) User Charges may be subject to price changes at any time, including without limitation, occasional increases during periods of high demand. Further, Company agrees that Uber Health shall not be responsible for User Charges incurred by a Company User after Company has attempted removal of such Company User from Central Billing to the extent Company provides incomplete or inaccurate Company User removal information via the Health Dashboard. Finally, as between Company and Uber Health, Company shall be responsible for any User Charges incurred due to fraudulent or other unpermitted activity on the part of Company User’s use of Central Billing for the Uber Service. Company shall notify Uber Health promptly upon discovery of fraudulent or unpermitted activity occurring under Company’s account.

2.4 Restrictions. Company agrees to, and to cause all Company Users to, use the Uber Service and Uber App solely as set forth in these Terms and the User Terms; provided, however, that in the event of a conflict between these Terms and the User Terms with respect to Company or any authorized Company User employing Central Billing with the Uber Service, the terms of these Terms shall control. Uber Health reserves the right to suspend participation in Central Billing to Company and/or any Company Users for violations of these Terms or the User Terms. Company shall not, and shall not authorize others to, (a) decompile, disassemble, reverse engineer or otherwise attempt to derive the source code or underlying technology, methodologies or algorithms of the Uber Service or any applications of Uber or its Affiliates, except to the extent allowed by applicable law, (b) sublicense, lease, rent, sell, give, or otherwise transfer or provide the Uber Service or any Uber application to any unaffiliated third party, (c) upcharge, increase or otherwise modify the User Charges as calculated by Uber Health for any usage of the Uber Service or (d) impose any additional fees or charges on a Company User related to use of the Uber Service. Uber Health reserves all rights not expressly granted under these Terms.

3. ACCOUNT ADMINISTRATION AND COMPANY HEALTH DASHBOARD

3.1 Health Dashboard. Company shall be provided with access to Uber Health’s browser-based online Uber Health Dashboard (“Health Dashboard”). Uber Health’s primary contact with Company shall be by way of Company’s administrator (“Administrator”) designated through the Health Dashboard. The Health Dashboard will enable Company to (a) view past trips requested on behalf of Company Users, (b) review and manage payments, and (c) view detailed trip information, which may include, without limitation, Company User name together with request time and date, pick-up and drop-off time and date, pick-up and drop-off location, trip route, real-time trip status, distance, duration, fare amount, service type, trip ID (“Dashboard Data”)

3.2 Administration. Company may appoint additional administrators at its discretion. Company agrees (a) to maintain all Health Dashboard login credentials in confidence, (b) to only permit Company’s authorized administrators to access the Health Dashboard, and (c) to update all information of the authorized administrators to ensure that it is current, accurate, and complete. Company shall be responsible for all activity that occurs under its Health Dashboard login credentials.

4. FEES AND PAYMENTS

4.1 Fees. In consideration of Uber Health’s provision of the Uber Services and Central Billing as set forth herein, Company shall pay to Uber Health all User Charges, the Service Fee (to the extent applicable), and any applicable services or access fees Uber Health may charge for certain functionality and features (collectively, the “Fees”) as set forth in section 4.2. Company will not submit claims or invoices to, or use funds directly or indirectly provided by, Medicare, Medicaid, or other federal or state government payer(s) to pay User Charges or Service Fees to Uber Health.

4.2 Payment Terms. Uber Health shall deliver to Company monthly billing statements (each, a “Monthly Statement”) for Fees incurred by Company and Company Users utilizing Central Billing during the preceding month. Each Monthly Statement shall be payable in full by Company within thirty (30) days of receipt thereof. Unless otherwise indicated on a Company User receipt, all Fees are exclusive of applicable taxes, and Company agrees to be responsible for the payment of any such taxes assessed on Fees, including, but not limited to, all sales, use, VAT or similar taxes, except for taxes based on Uber Health’s income. All payments shall be processed in the local currency applicable to the geography of the Company User’s applicable ride except in certain instances when Uber Health may process foreign transactions in United States dollars. All payments are nonrefundable except as may be expressly provided otherwise herein.

4.3 Nonpayment. Uber Health reserves the right to immediately charge the Company Card in the event that any Monthly Statement has not been paid as of the applicable due date. Uber Health reserves the right to immediately suspend Company’s account and suspend any or all Central Billing by all Company Users in the event of any unpaid Fees by Company due to past due Monthly Statements (as applicable), an invalid credit Company Card on the Company account, or a rejected Company Card transaction. Uber Health further reserves the right to pursue any and all remedies available to it under applicable law, including reporting Company to applicable credit reporting agencies, in the event of any unpaid Fees hereunder. Reestablishing a Company account after full payment of late Fees shall be at Uber Health’s sole discretion. All late payments shall bear interest at 3% per month or the maximum allowed by applicable law, if less than 3%.

4.4 Service Fees. “**Service Fee” means a service fee for each completed trip using Uber Health. As of the Effective Date, Company shall not be assessed a Service Fee. However, Uber Health may assess a Service Fee to Company at any time during the Term upon providing at least thirty (30) days’ prior written notice of such fee to Company.

5. CONFIDENTIALITY

5.1 Definition. The term “Confidential Information” shall mean any confidential or proprietary business, technical or financial information or materials of a party (“Disclosing Party”) provided to the other party (“Receiving Party”) in connection with these Terms, whether orally or in physical form, and shall include the terms of these Terms. However, Confidential Information shall not include information (a) previously known by Receiving Party without an obligation of confidentiality, (b) acquired by Receiving Party from a third party which was not, to Receiving Party's knowledge, under an obligation of confidentiality, (c) that is or becomes publicly available through no fault of Receiving Party, or (d) that Disclosing Party provides written permission to Receiving Party to disclose, but only to the extent of such permitted disclosure.

5.2 Restrictions. Receiving Party agrees that (a) it will use Confidential Information solely for the purposes permitted under these Terms and (b) it will not disclose the Confidential Information to any third party other than Receiving Party’s employees or agents who are bound by obligations of nondisclosure and restricted use at least as strict as those contained herein. In the event Receiving Party receives a subpoena, administrative or judicial order, or any other request for disclosure of any Confidential Information of Disclosing Party, Receiving Party will give Disclosing Party prompt written notice of such subpoena, order or request and allow Disclosing Party to assert any available defenses to disclosure.

5.3 Security. Receiving Party will protect the Disclosing Party’s Confidential Information in the same manner that it protects the confidentiality of its own proprietary and confidential information, but in no event using less than a reasonable standard of care.

6. PRIVACY AND DATA SECURITY

6.1 Definitions. “Company Personal Data” means information provided by Company to Uber Health in connection with these Terms relating to an identified individual, excluding any such information provided to Uber by an Active User. “Uber Personal Data” means any information Uber Health provides to Company in connection with these Terms relating to an identified individual. For the avoidance of doubt, Dashboard Data shall constitute Uber Personal Data.

6.2 Notice and Consent. Company agrees to inform, and obtain all necessary consents from, each Company User to share such Company User’s Personal Data with Uber Health. Company further agrees to inform, and get all necessary consents from each Company User as necessary for Uber Health to provide Company with detailed information on, and real-time trip status of, the rides charged to Company’s Central Billing Account. Company represents and warrants that it will obtain the necessary consents from each Company User to receive SMS messages from Uber Health, and for Uber Health to otherwise contact each Company User for the purpose of providing the Uber Service or to provide any communications pursuant to these Terms. Company agrees to inform, and obtain all necessary consents from, each applicable Company User to (i) share information regarding such Company User’s ride with a Designated Recipient(s), and (ii) allow Uber Health to communicate with Designated Recipient(s) regarding rides taken by such Company User, including to provide customer service in connection with such rides.

6.3 Data Restrictions.

6.3.1 Company Data Restrictions. Company agrees that it will use (or authorize the use of) Uber Personal Data solely for legitimate business purposes, and will limit access to Uber Personal Data and the Health Dashboard solely to Company’s personnel who have a legitimate business need to access such Uber Personal Data. Company will not disclose Uber Personal Data to any third party unless expressly authorized in writing by Uber Health, and who are in each case bound by privacy and security obligations regarding Uber Personal Data at least as restrictive as those contained herein.

6.3.2 Uber Health Data Restrictions. Uber Health’s collection and use of Uber Personal Data, including information Uber Health obtains from individuals to establish an Active Account, shall be treated in accordance with the Uber Privacy Statement, available at www.uber.com/legal/privacy, as may be updated by Uber and its Affiliates from time to time. Uber Health agrees that Company Personal Data shall be used or disclosed as necessary to provide the Uber Service and Central Billing or as required under applicable laws or regulations. Uber Health shall limit access to Company Personal Data solely to Uber Health and its Affiliates’ personnel who have a business need to access such Company Personal Data. Uber Health will not disclose Company Personal Data to any third party unless expressly authorized in writing by Company, except for Uber Health service providers who have a legitimate business need to access Company Personal Data to carry out work solely on Uber Health’s behalf and for no other purpose, and who are in each case bound by privacy and security obligations regarding Company Personal Data at least as restrictive as those contained herein.

6.4 Security. Each of Uber Health and Company agrees to implement and maintain appropriate technical, physical and organizational measures to protect the other’s personal data against unauthorized or unlawful processing and against unauthorized loss, destruction, damage, alteration, or disclosure, keeping in mind the nature of the information. In the event of a data breach involving the other party’s personal data, each party shall notify the other promptly after becoming aware that the data breach involved the other party's personal data. Such notice shall include at least: (1) the nature of the breach of security measures; (2) the types of potentially compromised personal data; (3) the duration and expected consequences of the data breach; and (4) any mitigation or remediation measures taken or planned in response to the data breach. Upon any such discovery, each party will (a) take all reasonable steps to investigate, remediate, and mitigate the effects of the data breach, and (b) provide the other with assurances that such data breach will not recur.

7. INTELLECTUAL PROPERTY

7.1 License to Marks; Restrictions. The term “Marks” shall mean the trademarks, service marks, trade names, logos, slogans and other identifying symbols and indicia of a party (“Licensor”). Each party hereby grants to the other party (“Licensee”), solely during the Term, a limited, royalty-free, non-exclusive, non-transferable, non-assignable license, without the right to sublicense, to use and display the Licensor’s Marks only as expressly permitted by the other party in each instance. Notwithstanding the foregoing and solely in connection with describing Company’s business relationship with Uber Health pursuant to these Terms, Uber Health may include Company’s logos and/or trademark on Uber Health’s official website. All use of a Licensor’s Marks by Licensee will be in the form and format approved by Licensor, and Licensee will not otherwise use or modify Licensor’s Marks without Licensor’s prior written consent. All goodwill related to Licensee’s use of Licensor’s Marks shall inure solely to the benefit of Licensor. Marks will at all times remain the exclusive property of the respective Licensor. Except as expressly set forth herein, Licensor does not, and shall not be deemed to, grant Licensee any license or rights under any intellectual property or other proprietary rights. All rights not granted herein are expressly reserved by Licensor.

7.2 No Publicity. Neither party may issue a press release or otherwise refer to the other party in any manner with respect to these Terms or otherwise, without the prior written consent of such other party.

7.3 No Development. EACH PARTY ACKNOWLEDGES AND AGREES THAT THERE SHALL BE NO DEVELOPMENT OF TECHNOLOGY, CONTENT, MEDIA OR OTHER INTELLECTUAL PROPERTY BY EITHER PARTY FOR THE OTHER PARTY PURSUANT TO THESE TERMS. Any development activities relating to any technology, content, media or other intellectual property must be the subject of a separate written agreement between Uber Health and Company prior to the commencement of any such activities.

7.4 Ownership. Uber Health and its affiliates are and shall remain the owners of all right, title and interest in and to the Uber Service, any Uber application, and Dashboard Data, including any updates, enhancements and new versions thereof, all data related to the use of the Uber Services, and all related documentation and materials provided or made available to Company or any proposed Company User or Company User in connection with these Terms.

8. WARRANTIES; DISCLAIMER

8.1 Mutual Warranties. Each party hereby represents and warrants that (a) it has full power and authority to enter into these Terms and perform its obligations hereunder, (b) such party’s acceptance of these Terms, as well as such party’s performance of the obligations set forth in these Terms, does not and will not violate any other agreement to which such party is a party, (c) it is duly organized, validly existing and in good standing under the laws of the jurisdiction of its origin, and (d) such party’s Marks as provided by such party pursuant to these Terms will not infringe or otherwise violate the intellectual property rights, rights of publicity or other proprietary rights of any third party.

8.2 Company Warranties. Company represents and warrants that Company has obtained rights, permission and legally-adequate consent from Company Users (a) as necessary to provide Uber Health with Company User Information in connection with the Uber Service and Central Billing, (b) to receive SMS messages from Uber Health in connection with the Uber Service and Central Billing, and (c) for Uber Health to provide Company with detailed trip information, including real-time trip status, for the rides charged to Company’s account. Company represents and warrants that Company will not submit claims or invoices to, or use funds directly or indirectly provided by, Medicare, Medicaid, or other federal or state government payer(s) to pay User Charges or Service Fees to Uber Health. Company represents and warrants that it shall comply with all applicable laws and regulations applicable to the performance of its obligations hereunder. Company acknowledges that it may elect to utilize the Health Dashboard to request the Uber Service for, and provide access to Central Billing on behalf of, Guest Users (excluding Designated Recipients). Any such election is at Company’s sole discretion, and Company therefore will indemnify, defend and hold harmless Uber Health, its affiliates and their directors, officers, employees and agents against all claims, damages, losses and expenses (including reasonable attorney’s fees) with respect to any third-party claim arising out of or related to any Guest User.

8.3 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, UBER HEALTH AND ITS AFFILIATES PROVIDE THE UBER SERVICE AND UBER APP “AS IS” AND WITHOUT WARRANTY. UBER HEALTH AND ITS AFFILIATES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE UBER SERVICE AND UBER APP WILL MEET COMPANY’S REQUIREMENTS OR THAT THE OPERATION OF THE UBER SERVICE OR UBER APP WILL BE UNINTERRUPTED OR ERROR FREE. UBER HEALTH AND ITS AFFILIATES HEREBY DISCLAIM ALL OTHER WARRANTIES WITH RESPECT TO THESE TERMS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (A) ANY IMPLIED OR STATUTORY WARRANTIES COVERING THE UBER SERVICE OR THE UBER APP, AND (B) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY ACKNOWLEDGES AND AGREES THAT THE UBER SERVICE IS A TECHNOLOGY SERVICE THAT ENABLES ACCESS TO REQUEST ON-DEMAND GROUND TRANSPORTATION AND LOGISTICS SERVICES PROVIDED BY INDEPENDENT THIRD-PARTY PROVIDERS. UBER HEALTH AND UBER ARE NOT TRANSPORTATION OR LOGISTICS PROVIDERS. UBER HEALTH AND ITS AFFILIATES DO NOT GUARANTEE AVAILABILITY OF TRANSPORTATION OR LOGISTICS SERVICES, ON-TIME ARRIVALS OR DEPARTURES THEREOF, OR ANY OTHER SERVICES LEVELS RELATED TO INDEPENDENT TRANSPORTATION OR LOGISTICS PROVIDERS THAT MAY BE OBTAINED VIA THE UBER SERVICE.

9. LIMITS OF LIABILITY

OTHER THAN WITH RESPECT TO A BREACH OF THE CONFIDENTIALITY OBLIGATIONS SET FORTH IN SECTION 5 HEREIN, A BREACH OF THE REPRESENTATIONS OR WARRANTIES SET FORTH IN SECTION 8 HEREIN, OR A PARTY’S INDEMNIFICATION OBLIGATIONS, (A) IN NO EVENT SHALL UBER OR COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF BUSINESS OR PROFITS, SUFFERED BY THE OTHER PARTY OR ANY THIRD PARTY ARISING OUT OF THESE TERMS, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF UBER OR COMPANY (OR THEIR AGENTS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (B) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THESE TERMS FOR ANY DIRECT DAMAGES IN AN AMOUNT EXCEEDING THE GREATER OF (X) TWENTY FIVE THOUSAND DOLLARS ($25,000), OR (Y) THE TOTAL FEES PAYABLE BY COMPANY TO UBER HEREUNDER IN THE TWELVE MONTHS PRECEDING THE INCIDENT THAT GAVE RISE TO THE LIABILITY.

10. TERM AND TERMINATION

These Terms shall be deemed effective as of the date electronically accepted by Company (“Effective Date”) and shall remain in effect until terminated as set forth herein (the “Term”). Either party may terminate this Terms with or without cause upon five (5) days’ advance written notice to the other party. Unless otherwise agreed upon in writing by the parties, these Terms shall automatically terminate upon the termination of the Business Associate Agreement that the parties separately entered into on or about the Effective Date (the “Business Associate Agreement”). The sections of these Terms that by their sense and context are intended to survive termination hereof will survive, including without limitation, all outstanding payment obligations, and sections 1, 4, 5, 6, 7, 8, 9, 11 and the last sentence of this section 10 of these Terms shall survive the termination of these Terms.

11. GENERAL

These Terms shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles. Any dispute, controversy, or any claim arising out of or relating to these Terms, or the interpretation, enforceability, performance, breach termination or validity thereof, including, without limitation, this arbitration clause, must be solely and finally settled by confidential arbitration in San Francisco, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. An award rendered in connection with arbitration pursuant to this section shall be final and binding upon the parties, and any judgment upon such an award may be entered and enforced in any court of competent jurisdiction. No provision of this subsection limits the rights of a party to these Terms to obtain provisional, injunctive, or ancillary remedies from a court of competent jurisdiction before, after or during the pendency of any arbitration. Neither party has the right to arbitrate on a class action basis any dispute, controversy, or claim arising out of or relating to these Terms, or the interpretation, enforceability, performance, breach, termination, or validity thereof, including, without limitation, this arbitration clause.Any and all notices permitted or required to be given hereunder shall be sent to the address as may be provided by one party to the other, and deemed duly given (a) upon actual delivery, if delivery is by hand, (b) one (1) day after being sent by overnight courier, charges prepaid, or (c) by electronic mail to the designated recipient. The failure of either party to enforce the provisions hereof shall not be construed as a waiver of such provisions. Any modification or amendment to these Terms shall be effective only if in writing and signed by both parties. In the event any provision of these Terms is determined to be invalid or unenforceable by ruling of an arbitrator or court of competent jurisdiction, the remainder of these Terms shall remain in full force and effect. These Terms may not be assigned, in whole or in part, by a party without the prior written consent of the other party, provided that each party may assign these Terms to (a) an affiliate of such party, or (b) upon notice to the other party, in connection with the sale of all or substantially all of such party’s equity, business or assets. These Terms shall be binding upon and shall inure to the benefit of each party hereto and its respective successors and permitted assigns. Any delay in or failure by either party in performance of these Terms shall be excused if and to the extent such delay or failure is caused by occurrences beyond the control of the affected party including, without limitation, decrees or restraints of Government, acts of God, strikes, work stoppage or other labor disturbances, war or sabotage. Nothing in these Terms shall be deemed to create any joint venture, joint enterprise, or agency relationship among the parties, and neither party shall have the right to enter into contracts on behalf of, or to otherwise incur any liability or obligation on behalf of, the other party hereto, in the absence of a separate written agreement between the parties. Each party shall be solely responsible for its employees and agents used in connection with these Terms. These Terms contains the full and complete understanding and agreement between the parties relating to the subject matter hereof and supersede all prior and contemporary understandings and agreements, whether oral or written, relating to the subject matter hereof. Company hereby represents that the individual clicking to accept these Terms is authorized by Company to bind, and does hereby bind, Company to the terms hereof.

www.uber.com

Юридическая информация | Uber

UBER HEALTH

DASHBOARD TERMS AND CONDITIONS

As of February 28, 2018

These Uber Health Dashboard Terms and Conditions (“Terms”) are entered into by and between UBER HEALTH, LLC, a Delaware limited liability company, located at 1455 Market Street, Suite 400, San Francisco, CA 94103 (“Uber”) and the company identified within this sign-up page (“Company”). Capitalized terms used herein shall have the meaning ascribed to them in these Terms. These Terms set forth the terms and conditions under which Company may access the Uber Health Dashboard and Central Billing on behalf of Company’s employees, customers, and other individuals via use of the Uber Health Dashboard product. Company’s use of the Uber Health Dashboard and access to Central Billing is subject to these Terms, as may be modified or updated by Uber from time to time, effective upon posting of an updated version of the Terms at health.uber.com. Uber will provide Company with a notice of any such modifications or updates via email and/or the Uber Health Dashboard, and Company is responsible for regularly reviewing the Terms. Continued use of Uber Health Dashboard or Central Billing after any such modifications or updates shall constitute Company’s consent to such changes.

1. CERTAIN DEFINITIONS

“Active User” means an individual with an active personal Uber Technologies Inc. (“Uber”) user account for the Uber Service, the creation of which requires (i) registering with Uber, (ii) and accepting the User Terms.

“Affiliate” means an entity that, directly or indirectly, controls, is under the control of, or is under common control with a party, where control means having more than fifty percent (50%) of the voting stock or other ownership interest, the majority of the voting rights of such entity, the ability of such entity to ensure that the activities and business of that Affiliate are conducted in accordance with the wishes of that entity or the right to receive the majority of the income of that Affiliate on any distribution by it of all of its income or the majority of its assets on a winding up of Company.

“Designated Recipient” means an individual(s) authorized by a Company User to provide information to Uber Health, and receive notifications from Uber Health, including but not limited through SMS, regarding such Company User’s ride.

“Central Billing” means an enterprise billing and payment process for the Uber Service provided by Uber Health to Company hereunder for User Charges, with payment due from Company pursuant to a statement delivered by Uber Health to Company on a monthly basis.

“Company User” means any Active User or Guest User.

“Guest User” means (i) an individual who is not an Active User, and (ii) Designated Recipients.

“Uber App” means Uber’s mobile application or mobile website (m.uber.com) required for personal use of the Uber Service, as may be updated by Uber or its Affiliates from time to time.

“Uber Service” means Uber Health’s or its Affiliates’ technology service that enables users to request on-demand ground transportation and logistics services from independent third-party providers.

“User Charges” means charges incurred by Company Users for the use of the Uber Service, including any applicable tolls, foreign transaction fees, taxes, and any other fees or charges that may be due for a particular use of the Uber Service.

“User Terms” means the terms and conditions applicable to all users of the Uber Service, available at www.uber.com/legal, as may be updated by Uber or its Affiliates from time to time.

2. PROVISION OF SERVICES TO COMPANY

2.1 Access to Services. Uber Health will establish a Company corporate account that will enable Company to request the Uber Service and provide Central Billing on behalf of any Company User. Company expressly acknowledges and agrees that any and all transportation services provided to Company Users are provided neither by Uber Health nor by Company, but by independent third-party transportation providers. As part of the corporate account, Company agrees to provide and maintain during the Term a valid Company credit card number (the “Company Card”) that may be charged for Central Billing as set forth herein. Company acknowledges that any Company User utilizing Central Billing will incur User Charges to the account of Company, and not to the Company User’s personal account or credit card. Subject to Company’s compliance with these Terms, Uber Health agrees to use commercially reasonable efforts to provide the Uber Service and Central Billing to Company and the Company Users as set forth herein.

2.2 Active Users; Guest Users.

2.2.1 Prior to requesting the Uber Service on behalf of any Company User, Company shall obtain from the Company User and submit to Uber Health the following information with respect to such Company User: (i) first and last name, (ii) active telephone number, (iii) pick-up and drop-off address, and (iv) other information the parties may mutually agree upon, in order to permit Uber Health to confirm whether such Company User is an Active User or a Guest User. Company shall ensure that all data provided to Uber Health is accurate and complete, and Uber Health shall not be liable to Company, any Company User or any other party with respect to inaccurate or incomplete data supplied by Company.

2.2.2 Company shall be solely responsible for contacting, or facilitating contact with, any Guest User for whom Company requests the Uber Services. Uber Health shall have no responsibility for contacting or providing messaging of any sort pursuant to these Terms to any individual who is not an Active User.

2.2.4 Company may provide to Uber Health the name and phone number of a Designated Recipient in order for Uber Health to provide notifications regarding a Company User’s ride to such Designated Recipient, including via SMS messaging. Uber Health shall not be liable to Company, any Company User, any Designated Recipients or any other party with respect to inaccurate or incomplete Designated Recipient information supplied by Company.

2.3 Responsibility for Company User Charges. Company agrees that (a) Company is responsible for all User Charges incurred by Company Users via Central Billing, regardless of whether such User Charge was authorized between Company User and Company and (b) User Charges may be subject to price changes at any time, including without limitation, occasional increases during periods of high demand. Further, Company agrees that Uber Health shall not be responsible for User Charges incurred by a Company User after Company has attempted removal of such Company User from Central Billing to the extent Company provides incomplete or inaccurate Company User removal information via the Health Dashboard. Finally, as between Company and Uber Health, Company shall be responsible for any User Charges incurred due to fraudulent or other unpermitted activity on the part of Company User’s use of Central Billing for the Uber Service. Company shall notify Uber Health promptly upon discovery of fraudulent or unpermitted activity occurring under Company’s account.

2.4 Restrictions. Company agrees to, and to cause all Company Users to, use the Uber Service and Uber App solely as set forth in these Terms and the User Terms; provided, however, that in the event of a conflict between these Terms and the User Terms with respect to Company or any authorized Company User employing Central Billing with the Uber Service, the terms of these Terms shall control. Uber Health reserves the right to suspend participation in Central Billing to Company and/or any Company Users for violations of these Terms or the User Terms. Company shall not, and shall not authorize others to, (a) decompile, disassemble, reverse engineer or otherwise attempt to derive the source code or underlying technology, methodologies or algorithms of the Uber Service or any applications of Uber or its Affiliates, except to the extent allowed by applicable law, (b) sublicense, lease, rent, sell, give, or otherwise transfer or provide the Uber Service or any Uber application to any unaffiliated third party, (c) upcharge, increase or otherwise modify the User Charges as calculated by Uber Health for any usage of the Uber Service or (d) impose any additional fees or charges on a Company User related to use of the Uber Service. Uber Health reserves all rights not expressly granted under these Terms.

3. ACCOUNT ADMINISTRATION AND COMPANY HEALTH DASHBOARD

3.1 Health Dashboard. Company shall be provided with access to Uber Health’s browser-based online Uber Health Dashboard (“Health Dashboard”). Uber Health’s primary contact with Company shall be by way of Company’s administrator (“Administrator”) designated through the Health Dashboard. The Health Dashboard will enable Company to (a) view past trips requested on behalf of Company Users, (b) review and manage payments, and (c) view detailed trip information, which may include, without limitation, Company User name together with request time and date, pick-up and drop-off time and date, pick-up and drop-off location, trip route, real-time trip status, distance, duration, fare amount, service type, trip ID (“Dashboard Data”)

3.2 Administration. Company may appoint additional administrators at its discretion. Company agrees (a) to maintain all Health Dashboard login credentials in confidence, (b) to only permit Company’s authorized administrators to access the Health Dashboard, and (c) to update all information of the authorized administrators to ensure that it is current, accurate, and complete. Company shall be responsible for all activity that occurs under its Health Dashboard login credentials.

4. FEES AND PAYMENTS

4.1 Fees. In consideration of Uber Health’s provision of the Uber Services and Central Billing as set forth herein, Company shall pay to Uber Health all User Charges, the Service Fee (to the extent applicable), and any applicable services or access fees Uber Health may charge for certain functionality and features (collectively, the “Fees”) as set forth in section 4.2. Company will not submit claims or invoices to, or use funds directly or indirectly provided by, Medicare, Medicaid, or other federal or state government payer(s) to pay User Charges or Service Fees to Uber Health.

4.2 Payment Terms. Uber Health shall deliver to Company monthly billing statements (each, a “Monthly Statement”) for Fees incurred by Company and Company Users utilizing Central Billing during the preceding month. Each Monthly Statement shall be payable in full by Company within thirty (30) days of receipt thereof. Unless otherwise indicated on a Company User receipt, all Fees are exclusive of applicable taxes, and Company agrees to be responsible for the payment of any such taxes assessed on Fees, including, but not limited to, all sales, use, VAT or similar taxes, except for taxes based on Uber Health’s income. All payments shall be processed in the local currency applicable to the geography of the Company User’s applicable ride except in certain instances when Uber Health may process foreign transactions in United States dollars. All payments are nonrefundable except as may be expressly provided otherwise herein.

4.3 Nonpayment. Uber Health reserves the right to immediately charge the Company Card in the event that any Monthly Statement has not been paid as of the applicable due date. Uber Health reserves the right to immediately suspend Company’s account and suspend any or all Central Billing by all Company Users in the event of any unpaid Fees by Company due to past due Monthly Statements (as applicable), an invalid credit Company Card on the Company account, or a rejected Company Card transaction. Uber Health further reserves the right to pursue any and all remedies available to it under applicable law, including reporting Company to applicable credit reporting agencies, in the event of any unpaid Fees hereunder. Reestablishing a Company account after full payment of late Fees shall be at Uber Health’s sole discretion. All late payments shall bear interest at 3% per month or the maximum allowed by applicable law, if less than 3%.

4.4 Service Fees. “**Service Fee” means a service fee for each completed trip using Uber Health. As of the Effective Date, Company shall not be assessed a Service Fee. However, Uber Health may assess a Service Fee to Company at any time during the Term upon providing at least thirty (30) days’ prior written notice of such fee to Company.

5. CONFIDENTIALITY

5.1 Definition. The term “Confidential Information” shall mean any confidential or proprietary business, technical or financial information or materials of a party (“Disclosing Party”) provided to the other party (“Receiving Party”) in connection with these Terms, whether orally or in physical form, and shall include the terms of these Terms. However, Confidential Information shall not include information (a) previously known by Receiving Party without an obligation of confidentiality, (b) acquired by Receiving Party from a third party which was not, to Receiving Party's knowledge, under an obligation of confidentiality, (c) that is or becomes publicly available through no fault of Receiving Party, or (d) that Disclosing Party provides written permission to Receiving Party to disclose, but only to the extent of such permitted disclosure.

5.2 Restrictions. Receiving Party agrees that (a) it will use Confidential Information solely for the purposes permitted under these Terms and (b) it will not disclose the Confidential Information to any third party other than Receiving Party’s employees or agents who are bound by obligations of nondisclosure and restricted use at least as strict as those contained herein. In the event Receiving Party receives a subpoena, administrative or judicial order, or any other request for disclosure of any Confidential Information of Disclosing Party, Receiving Party will give Disclosing Party prompt written notice of such subpoena, order or request and allow Disclosing Party to assert any available defenses to disclosure.

5.3 Security. Receiving Party will protect the Disclosing Party’s Confidential Information in the same manner that it protects the confidentiality of its own proprietary and confidential information, but in no event using less than a reasonable standard of care.

6. PRIVACY AND DATA SECURITY

6.1 Definitions. “Company Personal Data” means information provided by Company to Uber Health in connection with these Terms relating to an identified individual, excluding any such information provided to Uber by an Active User. “Uber Personal Data” means any information Uber Health provides to Company in connection with these Terms relating to an identified individual. For the avoidance of doubt, Dashboard Data shall constitute Uber Personal Data.

6.2 Notice and Consent. Company agrees to inform, and obtain all necessary consents from, each Company User to share such Company User’s Personal Data with Uber Health. Company further agrees to inform, and get all necessary consents from each Company User as necessary for Uber Health to provide Company with detailed information on, and real-time trip status of, the rides charged to Company’s Central Billing Account. Company represents and warrants that it will obtain the necessary consents from each Company User to receive SMS messages from Uber Health, and for Uber Health to otherwise contact each Company User for the purpose of providing the Uber Service or to provide any communications pursuant to these Terms. Company agrees to inform, and obtain all necessary consents from, each applicable Company User to (i) share information regarding such Company User’s ride with a Designated Recipient(s), and (ii) allow Uber Health to communicate with Designated Recipient(s) regarding rides taken by such Company User, including to provide customer service in connection with such rides.

6.3 Data Restrictions.

6.3.1 Company Data Restrictions. Company agrees that it will use (or authorize the use of) Uber Personal Data solely for legitimate business purposes, and will limit access to Uber Personal Data and the Health Dashboard solely to Company’s personnel who have a legitimate business need to access such Uber Personal Data. Company will not disclose Uber Personal Data to any third party unless expressly authorized in writing by Uber Health, and who are in each case bound by privacy and security obligations regarding Uber Personal Data at least as restrictive as those contained herein.

6.3.2 Uber Health Data Restrictions. Uber Health’s collection and use of Uber Personal Data, including information Uber Health obtains from individuals to establish an Active Account, shall be treated in accordance with the Uber Privacy Statement, available at www.uber.com/legal/privacy, as may be updated by Uber and its Affiliates from time to time. Uber Health agrees that Company Personal Data shall be used or disclosed as necessary to provide the Uber Service and Central Billing or as required under applicable laws or regulations. Uber Health shall limit access to Company Personal Data solely to Uber Health and its Affiliates’ personnel who have a business need to access such Company Personal Data. Uber Health will not disclose Company Personal Data to any third party unless expressly authorized in writing by Company, except for Uber Health service providers who have a legitimate business need to access Company Personal Data to carry out work solely on Uber Health’s behalf and for no other purpose, and who are in each case bound by privacy and security obligations regarding Company Personal Data at least as restrictive as those contained herein.

6.4 Security. Each of Uber Health and Company agrees to implement and maintain appropriate technical, physical and organizational measures to protect the other’s personal data against unauthorized or unlawful processing and against unauthorized loss, destruction, damage, alteration, or disclosure, keeping in mind the nature of the information. In the event of a data breach involving the other party’s personal data, each party shall notify the other promptly after becoming aware that the data breach involved the other party's personal data. Such notice shall include at least: (1) the nature of the breach of security measures; (2) the types of potentially compromised personal data; (3) the duration and expected consequences of the data breach; and (4) any mitigation or remediation measures taken or planned in response to the data breach. Upon any such discovery, each party will (a) take all reasonable steps to investigate, remediate, and mitigate the effects of the data breach, and (b) provide the other with assurances that such data breach will not recur.

7. INTELLECTUAL PROPERTY

7.1 License to Marks; Restrictions. The term “Marks” shall mean the trademarks, service marks, trade names, logos, slogans and other identifying symbols and indicia of a party (“Licensor”). Each party hereby grants to the other party (“Licensee”), solely during the Term, a limited, royalty-free, non-exclusive, non-transferable, non-assignable license, without the right to sublicense, to use and display the Licensor’s Marks only as expressly permitted by the other party in each instance. Notwithstanding the foregoing and solely in connection with describing Company’s business relationship with Uber Health pursuant to these Terms, Uber Health may include Company’s logos and/or trademark on Uber Health’s official website. All use of a Licensor’s Marks by Licensee will be in the form and format approved by Licensor, and Licensee will not otherwise use or modify Licensor’s Marks without Licensor’s prior written consent. All goodwill related to Licensee’s use of Licensor’s Marks shall inure solely to the benefit of Licensor. Marks will at all times remain the exclusive property of the respective Licensor. Except as expressly set forth herein, Licensor does not, and shall not be deemed to, grant Licensee any license or rights under any intellectual property or other proprietary rights. All rights not granted herein are expressly reserved by Licensor.

7.2 No Publicity. Neither party may issue a press release or otherwise refer to the other party in any manner with respect to these Terms or otherwise, without the prior written consent of such other party.

7.3 No Development. EACH PARTY ACKNOWLEDGES AND AGREES THAT THERE SHALL BE NO DEVELOPMENT OF TECHNOLOGY, CONTENT, MEDIA OR OTHER INTELLECTUAL PROPERTY BY EITHER PARTY FOR THE OTHER PARTY PURSUANT TO THESE TERMS. Any development activities relating to any technology, content, media or other intellectual property must be the subject of a separate written agreement between Uber Health and Company prior to the commencement of any such activities.

7.4 Ownership. Uber Health and its affiliates are and shall remain the owners of all right, title and interest in and to the Uber Service, any Uber application, and Dashboard Data, including any updates, enhancements and new versions thereof, all data related to the use of the Uber Services, and all related documentation and materials provided or made available to Company or any proposed Company User or Company User in connection with these Terms.

8. WARRANTIES; DISCLAIMER

8.1 Mutual Warranties. Each party hereby represents and warrants that (a) it has full power and authority to enter into these Terms and perform its obligations hereunder, (b) such party’s acceptance of these Terms, as well as such party’s performance of the obligations set forth in these Terms, does not and will not violate any other agreement to which such party is a party, (c) it is duly organized, validly existing and in good standing under the laws of the jurisdiction of its origin, and (d) such party’s Marks as provided by such party pursuant to these Terms will not infringe or otherwise violate the intellectual property rights, rights of publicity or other proprietary rights of any third party.

8.2 Company Warranties. Company represents and warrants that Company has obtained rights, permission and legally-adequate consent from Company Users (a) as necessary to provide Uber Health with Company User Information in connection with the Uber Service and Central Billing, (b) to receive SMS messages from Uber Health in connection with the Uber Service and Central Billing, and (c) for Uber Health to provide Company with detailed trip information, including real-time trip status, for the rides charged to Company’s account. Company represents and warrants that Company will not submit claims or invoices to, or use funds directly or indirectly provided by, Medicare, Medicaid, or other federal or state government payer(s) to pay User Charges or Service Fees to Uber Health. Company represents and warrants that it shall comply with all applicable laws and regulations applicable to the performance of its obligations hereunder. Company acknowledges that it may elect to utilize the Health Dashboard to request the Uber Service for, and provide access to Central Billing on behalf of, Guest Users (excluding Designated Recipients). Any such election is at Company’s sole discretion, and Company therefore will indemnify, defend and hold harmless Uber Health, its affiliates and their directors, officers, employees and agents against all claims, damages, losses and expenses (including reasonable attorney’s fees) with respect to any third-party claim arising out of or related to any Guest User.

8.3 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, UBER HEALTH AND ITS AFFILIATES PROVIDE THE UBER SERVICE AND UBER APP “AS IS” AND WITHOUT WARRANTY. UBER HEALTH AND ITS AFFILIATES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE UBER SERVICE AND UBER APP WILL MEET COMPANY’S REQUIREMENTS OR THAT THE OPERATION OF THE UBER SERVICE OR UBER APP WILL BE UNINTERRUPTED OR ERROR FREE. UBER HEALTH AND ITS AFFILIATES HEREBY DISCLAIM ALL OTHER WARRANTIES WITH RESPECT TO THESE TERMS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (A) ANY IMPLIED OR STATUTORY WARRANTIES COVERING THE UBER SERVICE OR THE UBER APP, AND (B) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY ACKNOWLEDGES AND AGREES THAT THE UBER SERVICE IS A TECHNOLOGY SERVICE THAT ENABLES ACCESS TO REQUEST ON-DEMAND GROUND TRANSPORTATION AND LOGISTICS SERVICES PROVIDED BY INDEPENDENT THIRD-PARTY PROVIDERS. UBER HEALTH AND UBER ARE NOT TRANSPORTATION OR LOGISTICS PROVIDERS. UBER HEALTH AND ITS AFFILIATES DO NOT GUARANTEE AVAILABILITY OF TRANSPORTATION OR LOGISTICS SERVICES, ON-TIME ARRIVALS OR DEPARTURES THEREOF, OR ANY OTHER SERVICES LEVELS RELATED TO INDEPENDENT TRANSPORTATION OR LOGISTICS PROVIDERS THAT MAY BE OBTAINED VIA THE UBER SERVICE.

9. LIMITS OF LIABILITY

OTHER THAN WITH RESPECT TO A BREACH OF THE CONFIDENTIALITY OBLIGATIONS SET FORTH IN SECTION 5 HEREIN, A BREACH OF THE REPRESENTATIONS OR WARRANTIES SET FORTH IN SECTION 8 HEREIN, OR A PARTY’S INDEMNIFICATION OBLIGATIONS, (A) IN NO EVENT SHALL UBER OR COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF BUSINESS OR PROFITS, SUFFERED BY THE OTHER PARTY OR ANY THIRD PARTY ARISING OUT OF THESE TERMS, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF UBER OR COMPANY (OR THEIR AGENTS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (B) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THESE TERMS FOR ANY DIRECT DAMAGES IN AN AMOUNT EXCEEDING THE GREATER OF (X) TWENTY FIVE THOUSAND DOLLARS ($25,000), OR (Y) THE TOTAL FEES PAYABLE BY COMPANY TO UBER HEREUNDER IN THE TWELVE MONTHS PRECEDING THE INCIDENT THAT GAVE RISE TO THE LIABILITY.

10. TERM AND TERMINATION

These Terms shall be deemed effective as of the date electronically accepted by Company (“Effective Date”) and shall remain in effect until terminated as set forth herein (the “Term”). Either party may terminate this Terms with or without cause upon five (5) days’ advance written notice to the other party. Unless otherwise agreed upon in writing by the parties, these Terms shall automatically terminate upon the termination of the Business Associate Agreement that the parties separately entered into on or about the Effective Date (the “Business Associate Agreement”). The sections of these Terms that by their sense and context are intended to survive termination hereof will survive, including without limitation, all outstanding payment obligations, and sections 1, 4, 5, 6, 7, 8, 9, 11 and the last sentence of this section 10 of these Terms shall survive the termination of these Terms.

11. GENERAL

These Terms shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles. Any dispute, controversy, or any claim arising out of or relating to these Terms, or the interpretation, enforceability, performance, breach termination or validity thereof, including, without limitation, this arbitration clause, must be solely and finally settled by confidential arbitration in San Francisco, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. An award rendered in connection with arbitration pursuant to this section shall be final and binding upon the parties, and any judgment upon such an award may be entered and enforced in any court of competent jurisdiction. No provision of this subsection limits the rights of a party to these Terms to obtain provisional, injunctive, or ancillary remedies from a court of competent jurisdiction before, after or during the pendency of any arbitration. Neither party has the right to arbitrate on a class action basis any dispute, controversy, or claim arising out of or relating to these Terms, or the interpretation, enforceability, performance, breach, termination, or validity thereof, including, without limitation, this arbitration clause.Any and all notices permitted or required to be given hereunder shall be sent to the address as may be provided by one party to the other, and deemed duly given (a) upon actual delivery, if delivery is by hand, (b) one (1) day after being sent by overnight courier, charges prepaid, or (c) by electronic mail to the designated recipient. The failure of either party to enforce the provisions hereof shall not be construed as a waiver of such provisions. Any modification or amendment to these Terms shall be effective only if in writing and signed by both parties. In the event any provision of these Terms is determined to be invalid or unenforceable by ruling of an arbitrator or court of competent jurisdiction, the remainder of these Terms shall remain in full force and effect. These Terms may not be assigned, in whole or in part, by a party without the prior written consent of the other party, provided that each party may assign these Terms to (a) an affiliate of such party, or (b) upon notice to the other party, in connection with the sale of all or substantially all of such party’s equity, business or assets. These Terms shall be binding upon and shall inure to the benefit of each party hereto and its respective successors and permitted assigns. Any delay in or failure by either party in performance of these Terms shall be excused if and to the extent such delay or failure is caused by occurrences beyond the control of the affected party including, without limitation, decrees or restraints of Government, acts of God, strikes, work stoppage or other labor disturbances, war or sabotage. Nothing in these Terms shall be deemed to create any joint venture, joint enterprise, or agency relationship among the parties, and neither party shall have the right to enter into contracts on behalf of, or to otherwise incur any liability or obligation on behalf of, the other party hereto, in the absence of a separate written agreement between the parties. Each party shall be solely responsible for its employees and agents used in connection with these Terms. These Terms contains the full and complete understanding and agreement between the parties relating to the subject matter hereof and supersede all prior and contemporary understandings and agreements, whether oral or written, relating to the subject matter hereof. Company hereby represents that the individual clicking to accept these Terms is authorized by Company to bind, and does hereby bind, Company to the terms hereof.

www.uber.com

Юридическая информация | Uber

UBER HEALTH

DASHBOARD TERMS AND CONDITIONS

As of February 28, 2018

These Uber Health Dashboard Terms and Conditions (“Terms”) are entered into by and between UBER HEALTH, LLC, a Delaware limited liability company, located at 1455 Market Street, Suite 400, San Francisco, CA 94103 (“Uber”) and the company identified within this sign-up page (“Company”). Capitalized terms used herein shall have the meaning ascribed to them in these Terms. These Terms set forth the terms and conditions under which Company may access the Uber Health Dashboard and Central Billing on behalf of Company’s employees, customers, and other individuals via use of the Uber Health Dashboard product. Company’s use of the Uber Health Dashboard and access to Central Billing is subject to these Terms, as may be modified or updated by Uber from time to time, effective upon posting of an updated version of the Terms at health.uber.com. Uber will provide Company with a notice of any such modifications or updates via email and/or the Uber Health Dashboard, and Company is responsible for regularly reviewing the Terms. Continued use of Uber Health Dashboard or Central Billing after any such modifications or updates shall constitute Company’s consent to such changes.

1. CERTAIN DEFINITIONS

“Active User” means an individual with an active personal Uber Technologies Inc. (“Uber”) user account for the Uber Service, the creation of which requires (i) registering with Uber, (ii) and accepting the User Terms.

“Affiliate” means an entity that, directly or indirectly, controls, is under the control of, or is under common control with a party, where control means having more than fifty percent (50%) of the voting stock or other ownership interest, the majority of the voting rights of such entity, the ability of such entity to ensure that the activities and business of that Affiliate are conducted in accordance with the wishes of that entity or the right to receive the majority of the income of that Affiliate on any distribution by it of all of its income or the majority of its assets on a winding up of Company.

“Designated Recipient” means an individual(s) authorized by a Company User to provide information to Uber Health, and receive notifications from Uber Health, including but not limited through SMS, regarding such Company User’s ride.

“Central Billing” means an enterprise billing and payment process for the Uber Service provided by Uber Health to Company hereunder for User Charges, with payment due from Company pursuant to a statement delivered by Uber Health to Company on a monthly basis.

“Company User” means any Active User or Guest User.

“Guest User” means (i) an individual who is not an Active User, and (ii) Designated Recipients.

“Uber App” means Uber’s mobile application or mobile website (m.uber.com) required for personal use of the Uber Service, as may be updated by Uber or its Affiliates from time to time.

“Uber Service” means Uber Health’s or its Affiliates’ technology service that enables users to request on-demand ground transportation and logistics services from independent third-party providers.

“User Charges” means charges incurred by Company Users for the use of the Uber Service, including any applicable tolls, foreign transaction fees, taxes, and any other fees or charges that may be due for a particular use of the Uber Service.

“User Terms” means the terms and conditions applicable to all users of the Uber Service, available at www.uber.com/legal, as may be updated by Uber or its Affiliates from time to time.

2. PROVISION OF SERVICES TO COMPANY

2.1 Access to Services. Uber Health will establish a Company corporate account that will enable Company to request the Uber Service and provide Central Billing on behalf of any Company User. Company expressly acknowledges and agrees that any and all transportation services provided to Company Users are provided neither by Uber Health nor by Company, but by independent third-party transportation providers. As part of the corporate account, Company agrees to provide and maintain during the Term a valid Company credit card number (the “Company Card”) that may be charged for Central Billing as set forth herein. Company acknowledges that any Company User utilizing Central Billing will incur User Charges to the account of Company, and not to the Company User’s personal account or credit card. Subject to Company’s compliance with these Terms, Uber Health agrees to use commercially reasonable efforts to provide the Uber Service and Central Billing to Company and the Company Users as set forth herein.

2.2 Active Users; Guest Users.

2.2.1 Prior to requesting the Uber Service on behalf of any Company User, Company shall obtain from the Company User and submit to Uber Health the following information with respect to such Company User: (i) first and last name, (ii) active telephone number, (iii) pick-up and drop-off address, and (iv) other information the parties may mutually agree upon, in order to permit Uber Health to confirm whether such Company User is an Active User or a Guest User. Company shall ensure that all data provided to Uber Health is accurate and complete, and Uber Health shall not be liable to Company, any Company User or any other party with respect to inaccurate or incomplete data supplied by Company.

2.2.2 Company shall be solely responsible for contacting, or facilitating contact with, any Guest User for whom Company requests the Uber Services. Uber Health shall have no responsibility for contacting or providing messaging of any sort pursuant to these Terms to any individual who is not an Active User.

2.2.4 Company may provide to Uber Health the name and phone number of a Designated Recipient in order for Uber Health to provide notifications regarding a Company User’s ride to such Designated Recipient, including via SMS messaging. Uber Health shall not be liable to Company, any Company User, any Designated Recipients or any other party with respect to inaccurate or incomplete Designated Recipient information supplied by Company.

2.3 Responsibility for Company User Charges. Company agrees that (a) Company is responsible for all User Charges incurred by Company Users via Central Billing, regardless of whether such User Charge was authorized between Company User and Company and (b) User Charges may be subject to price changes at any time, including without limitation, occasional increases during periods of high demand. Further, Company agrees that Uber Health shall not be responsible for User Charges incurred by a Company User after Company has attempted removal of such Company User from Central Billing to the extent Company provides incomplete or inaccurate Company User removal information via the Health Dashboard. Finally, as between Company and Uber Health, Company shall be responsible for any User Charges incurred due to fraudulent or other unpermitted activity on the part of Company User’s use of Central Billing for the Uber Service. Company shall notify Uber Health promptly upon discovery of fraudulent or unpermitted activity occurring under Company’s account.

2.4 Restrictions. Company agrees to, and to cause all Company Users to, use the Uber Service and Uber App solely as set forth in these Terms and the User Terms; provided, however, that in the event of a conflict between these Terms and the User Terms with respect to Company or any authorized Company User employing Central Billing with the Uber Service, the terms of these Terms shall control. Uber Health reserves the right to suspend participation in Central Billing to Company and/or any Company Users for violations of these Terms or the User Terms. Company shall not, and shall not authorize others to, (a) decompile, disassemble, reverse engineer or otherwise attempt to derive the source code or underlying technology, methodologies or algorithms of the Uber Service or any applications of Uber or its Affiliates, except to the extent allowed by applicable law, (b) sublicense, lease, rent, sell, give, or otherwise transfer or provide the Uber Service or any Uber application to any unaffiliated third party, (c) upcharge, increase or otherwise modify the User Charges as calculated by Uber Health for any usage of the Uber Service or (d) impose any additional fees or charges on a Company User related to use of the Uber Service. Uber Health reserves all rights not expressly granted under these Terms.

3. ACCOUNT ADMINISTRATION AND COMPANY HEALTH DASHBOARD

3.1 Health Dashboard. Company shall be provided with access to Uber Health’s browser-based online Uber Health Dashboard (“Health Dashboard”). Uber Health’s primary contact with Company shall be by way of Company’s administrator (“Administrator”) designated through the Health Dashboard. The Health Dashboard will enable Company to (a) view past trips requested on behalf of Company Users, (b) review and manage payments, and (c) view detailed trip information, which may include, without limitation, Company User name together with request time and date, pick-up and drop-off time and date, pick-up and drop-off location, trip route, real-time trip status, distance, duration, fare amount, service type, trip ID (“Dashboard Data”)

3.2 Administration. Company may appoint additional administrators at its discretion. Company agrees (a) to maintain all Health Dashboard login credentials in confidence, (b) to only permit Company’s authorized administrators to access the Health Dashboard, and (c) to update all information of the authorized administrators to ensure that it is current, accurate, and complete. Company shall be responsible for all activity that occurs under its Health Dashboard login credentials.

4. FEES AND PAYMENTS

4.1 Fees. In consideration of Uber Health’s provision of the Uber Services and Central Billing as set forth herein, Company shall pay to Uber Health all User Charges, the Service Fee (to the extent applicable), and any applicable services or access fees Uber Health may charge for certain functionality and features (collectively, the “Fees”) as set forth in section 4.2. Company will not submit claims or invoices to, or use funds directly or indirectly provided by, Medicare, Medicaid, or other federal or state government payer(s) to pay User Charges or Service Fees to Uber Health.

4.2 Payment Terms. Uber Health shall deliver to Company monthly billing statements (each, a “Monthly Statement”) for Fees incurred by Company and Company Users utilizing Central Billing during the preceding month. Each Monthly Statement shall be payable in full by Company within thirty (30) days of receipt thereof. Unless otherwise indicated on a Company User receipt, all Fees are exclusive of applicable taxes, and Company agrees to be responsible for the payment of any such taxes assessed on Fees, including, but not limited to, all sales, use, VAT or similar taxes, except for taxes based on Uber Health’s income. All payments shall be processed in the local currency applicable to the geography of the Company User’s applicable ride except in certain instances when Uber Health may process foreign transactions in United States dollars. All payments are nonrefundable except as may be expressly provided otherwise herein.

4.3 Nonpayment. Uber Health reserves the right to immediately charge the Company Card in the event that any Monthly Statement has not been paid as of the applicable due date. Uber Health reserves the right to immediately suspend Company’s account and suspend any or all Central Billing by all Company Users in the event of any unpaid Fees by Company due to past due Monthly Statements (as applicable), an invalid credit Company Card on the Company account, or a rejected Company Card transaction. Uber Health further reserves the right to pursue any and all remedies available to it under applicable law, including reporting Company to applicable credit reporting agencies, in the event of any unpaid Fees hereunder. Reestablishing a Company account after full payment of late Fees shall be at Uber Health’s sole discretion. All late payments shall bear interest at 3% per month or the maximum allowed by applicable law, if less than 3%.

4.4 Service Fees. “**Service Fee” means a service fee for each completed trip using Uber Health. As of the Effective Date, Company shall not be assessed a Service Fee. However, Uber Health may assess a Service Fee to Company at any time during the Term upon providing at least thirty (30) days’ prior written notice of such fee to Company.

5. CONFIDENTIALITY

5.1 Definition. The term “Confidential Information” shall mean any confidential or proprietary business, technical or financial information or materials of a party (“Disclosing Party”) provided to the other party (“Receiving Party”) in connection with these Terms, whether orally or in physical form, and shall include the terms of these Terms. However, Confidential Information shall not include information (a) previously known by Receiving Party without an obligation of confidentiality, (b) acquired by Receiving Party from a third party which was not, to Receiving Party's knowledge, under an obligation of confidentiality, (c) that is or becomes publicly available through no fault of Receiving Party, or (d) that Disclosing Party provides written permission to Receiving Party to disclose, but only to the extent of such permitted disclosure.

5.2 Restrictions. Receiving Party agrees that (a) it will use Confidential Information solely for the purposes permitted under these Terms and (b) it will not disclose the Confidential Information to any third party other than Receiving Party’s employees or agents who are bound by obligations of nondisclosure and restricted use at least as strict as those contained herein. In the event Receiving Party receives a subpoena, administrative or judicial order, or any other request for disclosure of any Confidential Information of Disclosing Party, Receiving Party will give Disclosing Party prompt written notice of such subpoena, order or request and allow Disclosing Party to assert any available defenses to disclosure.

5.3 Security. Receiving Party will protect the Disclosing Party’s Confidential Information in the same manner that it protects the confidentiality of its own proprietary and confidential information, but in no event using less than a reasonable standard of care.

6. PRIVACY AND DATA SECURITY

6.1 Definitions. “Company Personal Data” means information provided by Company to Uber Health in connection with these Terms relating to an identified individual, excluding any such information provided to Uber by an Active User. “Uber Personal Data” means any information Uber Health provides to Company in connection with these Terms relating to an identified individual. For the avoidance of doubt, Dashboard Data shall constitute Uber Personal Data.

6.2 Notice and Consent. Company agrees to inform, and obtain all necessary consents from, each Company User to share such Company User’s Personal Data with Uber Health. Company further agrees to inform, and get all necessary consents from each Company User as necessary for Uber Health to provide Company with detailed information on, and real-time trip status of, the rides charged to Company’s Central Billing Account. Company represents and warrants that it will obtain the necessary consents from each Company User to receive SMS messages from Uber Health, and for Uber Health to otherwise contact each Company User for the purpose of providing the Uber Service or to provide any communications pursuant to these Terms. Company agrees to inform, and obtain all necessary consents from, each applicable Company User to (i) share information regarding such Company User’s ride with a Designated Recipient(s), and (ii) allow Uber Health to communicate with Designated Recipient(s) regarding rides taken by such Company User, including to provide customer service in connection with such rides.

6.3 Data Restrictions.

6.3.1 Company Data Restrictions. Company agrees that it will use (or authorize the use of) Uber Personal Data solely for legitimate business purposes, and will limit access to Uber Personal Data and the Health Dashboard solely to Company’s personnel who have a legitimate business need to access such Uber Personal Data. Company will not disclose Uber Personal Data to any third party unless expressly authorized in writing by Uber Health, and who are in each case bound by privacy and security obligations regarding Uber Personal Data at least as restrictive as those contained herein.

6.3.2 Uber Health Data Restrictions. Uber Health’s collection and use of Uber Personal Data, including information Uber Health obtains from individuals to establish an Active Account, shall be treated in accordance with the Uber Privacy Statement, available at www.uber.com/legal/privacy, as may be updated by Uber and its Affiliates from time to time. Uber Health agrees that Company Personal Data shall be used or disclosed as necessary to provide the Uber Service and Central Billing or as required under applicable laws or regulations. Uber Health shall limit access to Company Personal Data solely to Uber Health and its Affiliates’ personnel who have a business need to access such Company Personal Data. Uber Health will not disclose Company Personal Data to any third party unless expressly authorized in writing by Company, except for Uber Health service providers who have a legitimate business need to access Company Personal Data to carry out work solely on Uber Health’s behalf and for no other purpose, and who are in each case bound by privacy and security obligations regarding Company Personal Data at least as restrictive as those contained herein.

6.4 Security. Each of Uber Health and Company agrees to implement and maintain appropriate technical, physical and organizational measures to protect the other’s personal data against unauthorized or unlawful processing and against unauthorized loss, destruction, damage, alteration, or disclosure, keeping in mind the nature of the information. In the event of a data breach involving the other party’s personal data, each party shall notify the other promptly after becoming aware that the data breach involved the other party's personal data. Such notice shall include at least: (1) the nature of the breach of security measures; (2) the types of potentially compromised personal data; (3) the duration and expected consequences of the data breach; and (4) any mitigation or remediation measures taken or planned in response to the data breach. Upon any such discovery, each party will (a) take all reasonable steps to investigate, remediate, and mitigate the effects of the data breach, and (b) provide the other with assurances that such data breach will not recur.

7. INTELLECTUAL PROPERTY

7.1 License to Marks; Restrictions. The term “Marks” shall mean the trademarks, service marks, trade names, logos, slogans and other identifying symbols and indicia of a party (“Licensor”). Each party hereby grants to the other party (“Licensee”), solely during the Term, a limited, royalty-free, non-exclusive, non-transferable, non-assignable license, without the right to sublicense, to use and display the Licensor’s Marks only as expressly permitted by the other party in each instance. Notwithstanding the foregoing and solely in connection with describing Company’s business relationship with Uber Health pursuant to these Terms, Uber Health may include Company’s logos and/or trademark on Uber Health’s official website. All use of a Licensor’s Marks by Licensee will be in the form and format approved by Licensor, and Licensee will not otherwise use or modify Licensor’s Marks without Licensor’s prior written consent. All goodwill related to Licensee’s use of Licensor’s Marks shall inure solely to the benefit of Licensor. Marks will at all times remain the exclusive property of the respective Licensor. Except as expressly set forth herein, Licensor does not, and shall not be deemed to, grant Licensee any license or rights under any intellectual property or other proprietary rights. All rights not granted herein are expressly reserved by Licensor.

7.2 No Publicity. Neither party may issue a press release or otherwise refer to the other party in any manner with respect to these Terms or otherwise, without the prior written consent of such other party.

7.3 No Development. EACH PARTY ACKNOWLEDGES AND AGREES THAT THERE SHALL BE NO DEVELOPMENT OF TECHNOLOGY, CONTENT, MEDIA OR OTHER INTELLECTUAL PROPERTY BY EITHER PARTY FOR THE OTHER PARTY PURSUANT TO THESE TERMS. Any development activities relating to any technology, content, media or other intellectual property must be the subject of a separate written agreement between Uber Health and Company prior to the commencement of any such activities.

7.4 Ownership. Uber Health and its affiliates are and shall remain the owners of all right, title and interest in and to the Uber Service, any Uber application, and Dashboard Data, including any updates, enhancements and new versions thereof, all data related to the use of the Uber Services, and all related documentation and materials provided or made available to Company or any proposed Company User or Company User in connection with these Terms.

8. WARRANTIES; DISCLAIMER

8.1 Mutual Warranties. Each party hereby represents and warrants that (a) it has full power and authority to enter into these Terms and perform its obligations hereunder, (b) such party’s acceptance of these Terms, as well as such party’s performance of the obligations set forth in these Terms, does not and will not violate any other agreement to which such party is a party, (c) it is duly organized, validly existing and in good standing under the laws of the jurisdiction of its origin, and (d) such party’s Marks as provided by such party pursuant to these Terms will not infringe or otherwise violate the intellectual property rights, rights of publicity or other proprietary rights of any third party.

8.2 Company Warranties. Company represents and warrants that Company has obtained rights, permission and legally-adequate consent from Company Users (a) as necessary to provide Uber Health with Company User Information in connection with the Uber Service and Central Billing, (b) to receive SMS messages from Uber Health in connection with the Uber Service and Central Billing, and (c) for Uber Health to provide Company with detailed trip information, including real-time trip status, for the rides charged to Company’s account. Company represents and warrants that Company will not submit claims or invoices to, or use funds directly or indirectly provided by, Medicare, Medicaid, or other federal or state government payer(s) to pay User Charges or Service Fees to Uber Health. Company represents and warrants that it shall comply with all applicable laws and regulations applicable to the performance of its obligations hereunder. Company acknowledges that it may elect to utilize the Health Dashboard to request the Uber Service for, and provide access to Central Billing on behalf of, Guest Users (excluding Designated Recipients). Any such election is at Company’s sole discretion, and Company therefore will indemnify, defend and hold harmless Uber Health, its affiliates and their directors, officers, employees and agents against all claims, damages, losses and expenses (including reasonable attorney’s fees) with respect to any third-party claim arising out of or related to any Guest User.

8.3 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, UBER HEALTH AND ITS AFFILIATES PROVIDE THE UBER SERVICE AND UBER APP “AS IS” AND WITHOUT WARRANTY. UBER HEALTH AND ITS AFFILIATES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE UBER SERVICE AND UBER APP WILL MEET COMPANY’S REQUIREMENTS OR THAT THE OPERATION OF THE UBER SERVICE OR UBER APP WILL BE UNINTERRUPTED OR ERROR FREE. UBER HEALTH AND ITS AFFILIATES HEREBY DISCLAIM ALL OTHER WARRANTIES WITH RESPECT TO THESE TERMS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (A) ANY IMPLIED OR STATUTORY WARRANTIES COVERING THE UBER SERVICE OR THE UBER APP, AND (B) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY ACKNOWLEDGES AND AGREES THAT THE UBER SERVICE IS A TECHNOLOGY SERVICE THAT ENABLES ACCESS TO REQUEST ON-DEMAND GROUND TRANSPORTATION AND LOGISTICS SERVICES PROVIDED BY INDEPENDENT THIRD-PARTY PROVIDERS. UBER HEALTH AND UBER ARE NOT TRANSPORTATION OR LOGISTICS PROVIDERS. UBER HEALTH AND ITS AFFILIATES DO NOT GUARANTEE AVAILABILITY OF TRANSPORTATION OR LOGISTICS SERVICES, ON-TIME ARRIVALS OR DEPARTURES THEREOF, OR ANY OTHER SERVICES LEVELS RELATED TO INDEPENDENT TRANSPORTATION OR LOGISTICS PROVIDERS THAT MAY BE OBTAINED VIA THE UBER SERVICE.

9. LIMITS OF LIABILITY

OTHER THAN WITH RESPECT TO A BREACH OF THE CONFIDENTIALITY OBLIGATIONS SET FORTH IN SECTION 5 HEREIN, A BREACH OF THE REPRESENTATIONS OR WARRANTIES SET FORTH IN SECTION 8 HEREIN, OR A PARTY’S INDEMNIFICATION OBLIGATIONS, (A) IN NO EVENT SHALL UBER OR COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF BUSINESS OR PROFITS, SUFFERED BY THE OTHER PARTY OR ANY THIRD PARTY ARISING OUT OF THESE TERMS, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF UBER OR COMPANY (OR THEIR AGENTS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (B) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THESE TERMS FOR ANY DIRECT DAMAGES IN AN AMOUNT EXCEEDING THE GREATER OF (X) TWENTY FIVE THOUSAND DOLLARS ($25,000), OR (Y) THE TOTAL FEES PAYABLE BY COMPANY TO UBER HEREUNDER IN THE TWELVE MONTHS PRECEDING THE INCIDENT THAT GAVE RISE TO THE LIABILITY.

10. TERM AND TERMINATION

These Terms shall be deemed effective as of the date electronically accepted by Company (“Effective Date”) and shall remain in effect until terminated as set forth herein (the “Term”). Either party may terminate this Terms with or without cause upon five (5) days’ advance written notice to the other party. Unless otherwise agreed upon in writing by the parties, these Terms shall automatically terminate upon the termination of the Business Associate Agreement that the parties separately entered into on or about the Effective Date (the “Business Associate Agreement”). The sections of these Terms that by their sense and context are intended to survive termination hereof will survive, including without limitation, all outstanding payment obligations, and sections 1, 4, 5, 6, 7, 8, 9, 11 and the last sentence of this section 10 of these Terms shall survive the termination of these Terms.

11. GENERAL

These Terms shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles. Any dispute, controversy, or any claim arising out of or relating to these Terms, or the interpretation, enforceability, performance, breach termination or validity thereof, including, without limitation, this arbitration clause, must be solely and finally settled by confidential arbitration in San Francisco, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. An award rendered in connection with arbitration pursuant to this section shall be final and binding upon the parties, and any judgment upon such an award may be entered and enforced in any court of competent jurisdiction. No provision of this subsection limits the rights of a party to these Terms to obtain provisional, injunctive, or ancillary remedies from a court of competent jurisdiction before, after or during the pendency of any arbitration. Neither party has the right to arbitrate on a class action basis any dispute, controversy, or claim arising out of or relating to these Terms, or the interpretation, enforceability, performance, breach, termination, or validity thereof, including, without limitation, this arbitration clause.Any and all notices permitted or required to be given hereunder shall be sent to the address as may be provided by one party to the other, and deemed duly given (a) upon actual delivery, if delivery is by hand, (b) one (1) day after being sent by overnight courier, charges prepaid, or (c) by electronic mail to the designated recipient. The failure of either party to enforce the provisions hereof shall not be construed as a waiver of such provisions. Any modification or amendment to these Terms shall be effective only if in writing and signed by both parties. In the event any provision of these Terms is determined to be invalid or unenforceable by ruling of an arbitrator or court of competent jurisdiction, the remainder of these Terms shall remain in full force and effect. These Terms may not be assigned, in whole or in part, by a party without the prior written consent of the other party, provided that each party may assign these Terms to (a) an affiliate of such party, or (b) upon notice to the other party, in connection with the sale of all or substantially all of such party’s equity, business or assets. These Terms shall be binding upon and shall inure to the benefit of each party hereto and its respective successors and permitted assigns. Any delay in or failure by either party in performance of these Terms shall be excused if and to the extent such delay or failure is caused by occurrences beyond the control of the affected party including, without limitation, decrees or restraints of Government, acts of God, strikes, work stoppage or other labor disturbances, war or sabotage. Nothing in these Terms shall be deemed to create any joint venture, joint enterprise, or agency relationship among the parties, and neither party shall have the right to enter into contracts on behalf of, or to otherwise incur any liability or obligation on behalf of, the other party hereto, in the absence of a separate written agreement between the parties. Each party shall be solely responsible for its employees and agents used in connection with these Terms. These Terms contains the full and complete understanding and agreement between the parties relating to the subject matter hereof and supersede all prior and contemporary understandings and agreements, whether oral or written, relating to the subject matter hereof. Company hereby represents that the individual clicking to accept these Terms is authorized by Company to bind, and does hereby bind, Company to the terms hereof.

www.uber.com

Legal | Uber

U.S. Terms of Use

Effective: December 13, 2017

1. Contractual Relationship

These Terms of Use ("Terms") govern your access or use, from within the United States and its territories and possessions, of the applications, websites, content, products, and services (the "Services," as more fully defined below in Section 3) made available in the United States and its territories and possessions by Uber USA, LLC and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, "Uber"). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND UBER. In these Terms, the words "including" and "include" mean "including, but not limited to."

By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Uber may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH UBER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures (e.g., a particular city webpage on Uber.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

Uber may amend the Terms from time to time. Amendments will be effective upon Uber's posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If Uber changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Uber written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Uber USA, LLC (the name and current contact information for the registered agent in each state are available online here), or (b) by email from the email address associated with your Account to: [email protected] In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).

Uber’s collection and use of personal information in connection with the Services is described in Uber's Privacy Statements located at www.uber.com/legal/privacy.

2. Arbitration Agreement

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Uber on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Uber, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Uber by someone else.

Agreement to Binding Arbitration Between You and Uber.

You and Uber agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Uber, and not in a court of law.

You acknowledge and agree that you and Uber are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Uber otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Uber each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

Rules and Governing Law.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.

The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.

Process.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

Location and Procedure.

Unless you and Uber otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Uber submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator's Decision.

The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Uber will not seek, and hereby waives all rights Uber may have under applicable law to recover, attorneys' fees and expenses if Uber prevails in arbitration.

Fees.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Uber will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes.

Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if Uber changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing Uber written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Uber USA, LLC (the name and current contact information for the registered agent in each state are available online here), or (b) by email from the email address associated with your Account to: [email protected] In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Uber in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).

Severability and Survival.

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

3. The Services

The Services comprise mobile applications and related services (each, an "Application"), which enable users to arrange and schedule transportation, logistics and/or delivery services and/or to purchase certain goods, including with third party providers of such services and goods under agreement with Uber or certain of Uber's affiliates ("Third Party Providers"). In certain instances the Services may also include an option to receive transportation, logistics and/or delivery services for an upfront price, subject to acceptance by the respective Third Party Providers. Unless otherwise agreed by Uber in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION, LOGISTICS AND/OR DELIVERY SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH UBER AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER.

License.

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

Restrictions.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the 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 Services except as expressly permitted by Uber; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Provision of the Services.

You acknowledge that portions of the Services may be made available under Uber's various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as "Uber," "uberX," "uberXL," "UberBLACK," “UberSELECT,” "UberSUV" and "UberLUX" and the logistics request products currently referred to as "UberRUSH," and "UberEATS." You also acknowledge that the 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, authorizations or licenses.

Third Party Services and Content.

The Services may be made available or accessed in connection with third party services and content (including advertising) that Uber does not control. 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. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.

Ownership.

The Services and all rights therein are and shall remain Uber's property or the property of Uber's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license 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.

4. Access and Use of the Services
User Accounts.

In order to use most aspects of the Services, you must register for and maintain an active personal user 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 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 supported by Uber. 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 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 Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. 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 Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.

Text Messaging and Telephone Calls.

You agree that Uber may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an Uber account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from Uber at any time, either by texting the word “STOP” to 89203 using the mobile device that is receiving the messages, or by contacting help.uber.com. If you do not choose to opt out, Uber may contact you as outlined in its User Privacy Statement, located at www.uber.com/legal/privacy.

Referrals and Promotional Codes.

Uber may, in its sole discretion, create referral and/or promotional codes ("Promo Codes") that may be redeemed for discounts on future Services and/or a Third Party Provider's services, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that Uber establishes. 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 Uber; (iii) may be disabled by Uber at any time for any reason without liability to Uber; (iv) may only be used pursuant to the specific terms that Uber establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Uber reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that Uber determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of Uber’s Terms.

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 Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Uber, you grant Uber a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Uber's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Uber the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Uber's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Uber in its sole discretion, whether or not such material may be protected by law. Uber may, but shall not be obligated to, review, monitor, or remove User Content, at Uber's sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices.

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

5. Payment

You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). Uber will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or processing fees for split payments. Please visit www.uber.com/cities for further information on your particular location.

All Charges and payments will be enabled by Uber using the preferred payment method designated in your Account, after which you will receive 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 may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Uber.

As between you and Uber, Uber reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Uber's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Uber will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Uber may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third Party Provider’s behalf. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. Uber may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.

In certain cases, with respect to Third Party Providers, Charges you incur will be owed directly to Third Party Providers, and Uber will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider. In such cases, you retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods, and Charges you incur will be owed to the Third Party Provider. Uber will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Third Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. In all other cases, Charges you incur will be owed and paid directly to Uber or its affiliates, where Uber is solely liable for any obligations to Third Party Providers. In such cases, you retain the right to request lower Charges from Uber for services or goods received by you from a Third Party Provider at the time you receive such services or goods, and Uber will respond accordingly to any request from you to modify the Charges for a particular service or good. Except with respect to taxicab transportation services requested through the Application, Uber does not designate any portion of your payment as a tip or gratuity to a Third Party Provider. Any representation by Uber (on Uber's website, in the Application, or in Uber's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that Uber provides any additional amounts, beyond those described above, to a Third Party Provider you may use. 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 Service, you are under no obligation to do so. Gratuities are voluntary.

Repair, Cleaning or Lost and Found Fees.

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, vehicles and property resulting from use of the Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that a Repair or Cleaning request is verified by Uber in Uber's reasonable discretion, Uber reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts, as well as those pertaining to lost and found goods, will be transferred by Uber to a Third Party Provider, if applicable, and are non-refundable.

The amounts related to repair, cleaning or lost & found fees applicable in Puerto Rico may be found at https://www.uber.com/es-US/blog/puerto-rico/puerto-rico-terminos-y-condiciones/ and may be updated from time to time solely by Uber.

6. Disclaimers; Limitation of Liability; Indemnity.
DISCLAIMER.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." UBER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, UBER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. UBER DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.

UBER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF UBER, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

UBER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND UBER'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST PRODUCTS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.

THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT UBER HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, UBER’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON UBER’S CHOICE OF LAW PROVISION SET FORTH BELOW.

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

7. Other Provisions
Choice of Law.

These Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Californians to assert claims under California law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of California law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending California law to you if you do not otherwise reside in California. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 2 or to any arbitrable disputes as defined therein. Instead, as described in Section 2, the Federal Arbitration Act shall apply to any such disputes.

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/intellectual-property/copyright/global for the designated address and additional information.

Notice.

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You may not assign these Terms without Uber's prior written approval. Uber may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Uber's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Uber or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Uber's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Uber in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.

www.uber.com

Uber Eats Operations Manager, Marketplace Experience - Melbourne - Melbourne, Australia - Uber

City Operations, Operations & Launch в Melbourne, Australia

About Uber

 

We’re changing the way people think about transportation. Not that long ago we were just an app to request premium black cars in a few metropolitan areas. Now we’re a part of the logistical fabric of more than 600 cities around the world. Whether it’s a ride, a sandwich, or a package, we use technology to give people what they want, when they want it.

 

For the people who drive with Uber, our app represents a flexible new way to earn money. For cities, we help strengthen local economies, improve access to transportation, and make streets safer.

 

And that’s just what we’re doing today. We’re thinking about the future, too. With teams working on autonomous trucking and self-driving cars, we’re in for the long haul. We’re reimagining how people and things move from one place to the next.

 

About the Role

 

The Uber Eats  Operations Manager; Marketplace Experience will design and execute projects to deliver the growth targets for Uber Eats. Always looking to improve efficiency and solve problems which arise in this high change environment, this role is dynamic and fast thinking.

What you’ll do

 

  • Drive the City growth strategy. You’ll use data (both internal and external) to identify growth opportunities in your city. Whether this is identifying a new suburb where Uber Eats should launch, finding new restaurants or cuisines that should be added to Uber Eats, or working with existing restaurants to grow their businesses through marketing and operational improvements.
  • Deeply understand the customer experience and drive improvements.  This requires using creative communication channels and developing easy to understand best practice guides.
  • Build and maintain great relationships with our restaurants.
  • Create Engagement programs that scale. You will build and execute on programs to engage all our restaurant partners and delivery partners at scale.
  • Build and lead a high performing team. You’ll create clear set of priorities for your direct reports with clear goals aligned to overall business objectives.

 

What you’ll need:

 

  • 3-6 years of experience in high performing work environment with record of progression
  • Commercial acumen (business sense)
  • Clear understanding of our marketplace including core metrics and levers to drive value for Eaters, Restaurants, Delivery Partners and our own business (profitability and brand)
  • Ability to prioritise focus areas based on impact to the business in short, mid and long term; Data driven decision making including basic data modelling; ability to draw key insights from analysis. You are willing and able to quickly pivot to action to hit deadlines and address urgent issues.
  • Innovative problem solving skills- you can generate innovative and customer focused ideas to improve the customer experience across the platform; looks to the future with visions of exciting opportunities. Can make ideas reality.
  • Able to build processes to affect sustainable and scalable change
  • Relationship builder. You have a track record of building trusting relationships with customers, partners, suppliers or teams to deliver mutually beneficial results.
  • Evidence of incorporating qualitative insights into decision making both as an individual and to bring insights to wider teams
  • A track record of going above and beyond to achieve results and deliver against commitments
  • Passion for customer experience. You have a curiosity and empathy for our users across Eaters, Delivery Partners and Restaurant Partners
  • Experience in leading and managing high performing teams

 

About the team

 

With Uber Eats, we’re building Uber’s newest and fastest growing business, spanning 180+ cities across all six continents in two years. Today, Uber Eats is available across many parts of APAC including Mumbai, Hyderabad, Chennai, Bangalore, Tokyo, Hong Kong, Singapore, Bangkok, Auckland, Wellington, Sydney, Perth, Brisbane, Adelaide and Melbourne -- and we’re just getting started.

 

Подать заявку

Ознакомьтесь с нашим заявлением о конфиденциальности для кандидатов

В Uber мы не просто принимаем что-то новое — мы радуемся ему, поддерживаем его и используем на благо наших сотрудников, продуктов и сообщества. Uber гордится тем, что предоставляет равные возможности работы и поддерживает каждого сотрудника. Мы даем равные возможности для работы всем людям вне зависимости от расы, цвета кожи, социального происхождения, вероисповедания, пола, национальности, сексуальной ориентации, возраста, гражданства, семейного положения, ограниченности возможностей, гендерной принадлежности или статуса ветерана.

www.uber.com

Uber Eats Operations Manager, Marketplace Experience - Melbourne - Melbourne, Australia - Uber

City Operations, Operations & Launch в Melbourne, Australia

About Uber

 

We’re changing the way people think about transportation. Not that long ago we were just an app to request premium black cars in a few metropolitan areas. Now we’re a part of the logistical fabric of more than 600 cities around the world. Whether it’s a ride, a sandwich, or a package, we use technology to give people what they want, when they want it.

 

For the people who drive with Uber, our app represents a flexible new way to earn money. For cities, we help strengthen local economies, improve access to transportation, and make streets safer.

 

And that’s just what we’re doing today. We’re thinking about the future, too. With teams working on autonomous trucking and self-driving cars, we’re in for the long haul. We’re reimagining how people and things move from one place to the next.

 

About the Role

 

The Uber Eats  Operations Manager; Marketplace Experience will design and execute projects to deliver the growth targets for Uber Eats. Always looking to improve efficiency and solve problems which arise in this high change environment, this role is dynamic and fast thinking.

What you’ll do

 

  • Drive the City growth strategy. You’ll use data (both internal and external) to identify growth opportunities in your city. Whether this is identifying a new suburb where Uber Eats should launch, finding new restaurants or cuisines that should be added to Uber Eats, or working with existing restaurants to grow their businesses through marketing and operational improvements.
  • Deeply understand the customer experience and drive improvements.  This requires using creative communication channels and developing easy to understand best practice guides.
  • Build and maintain great relationships with our restaurants.
  • Create Engagement programs that scale. You will build and execute on programs to engage all our restaurant partners and delivery partners at scale.
  • Build and lead a high performing team. You’ll create clear set of priorities for your direct reports with clear goals aligned to overall business objectives.

 

What you’ll need:

 

  • 3-6 years of experience in high performing work environment with record of progression
  • Commercial acumen (business sense)
  • Clear understanding of our marketplace including core metrics and levers to drive value for Eaters, Restaurants, Delivery Partners and our own business (profitability and brand)
  • Ability to prioritise focus areas based on impact to the business in short, mid and long term; Data driven decision making including basic data modelling; ability to draw key insights from analysis. You are willing and able to quickly pivot to action to hit deadlines and address urgent issues.
  • Innovative problem solving skills- you can generate innovative and customer focused ideas to improve the customer experience across the platform; looks to the future with visions of exciting opportunities. Can make ideas reality.
  • Able to build processes to affect sustainable and scalable change
  • Relationship builder. You have a track record of building trusting relationships with customers, partners, suppliers or teams to deliver mutually beneficial results.
  • Evidence of incorporating qualitative insights into decision making both as an individual and to bring insights to wider teams
  • A track record of going above and beyond to achieve results and deliver against commitments
  • Passion for customer experience. You have a curiosity and empathy for our users across Eaters, Delivery Partners and Restaurant Partners
  • Experience in leading and managing high performing teams

 

About the team

 

With Uber Eats, we’re building Uber’s newest and fastest growing business, spanning 180+ cities across all six continents in two years. Today, Uber Eats is available across many parts of APAC including Mumbai, Hyderabad, Chennai, Bangalore, Tokyo, Hong Kong, Singapore, Bangkok, Auckland, Wellington, Sydney, Perth, Brisbane, Adelaide and Melbourne -- and we’re just getting started.

 

Подать заявку

Ознакомьтесь с нашим заявлением о конфиденциальности для кандидатов

В Uber мы не просто принимаем что-то новое — мы радуемся ему, поддерживаем его и используем на благо наших сотрудников, продуктов и сообщества. Uber гордится тем, что предоставляет равные возможности работы и поддерживает каждого сотрудника. Мы даем равные возможности для работы всем людям вне зависимости от расы, цвета кожи, социального происхождения, вероисповедания, пола, национальности, сексуальной ориентации, возраста, гражданства, семейного положения, ограниченности возможностей, гендерной принадлежности или статуса ветерана.

www.uber.com


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