Documents From Uber For Your Signature

Download as pdf or txt
Download as pdf or txt
You are on page 1of 10

DocuSign Envelope ID: 474D9838-36CB-4BFB-9B25-4596E69FFFC3

GENERAL INFORMATION

We’re super excited to have you on the Uber Eats App and are looking forward to working with you.

In addition to signing the contract, there are a few pieces of important information we need from you
before we can activate your account on Uber Eats. This information does not form part of your
contract, but is important to get your restaurant online.

If you’d like to change any of this information at a later stage, you may email us at
restaurantsrsa@uber.com.
Restaurant “Uber Eats Expert” Contact Details: The person who we will call for
training. This person will be responsible for training the rest of your staff.

Corban
Contact Name: ________________________________
Manager
Contact Title: _________________________________
0670191740
Contact Number: ______________________________
0678073653
Alternative Number: ____________________________

Tax Profile: This information is required for invoicing purposes.

Bubble up
Legal Entity’s Name: _________________________________
6 Hopewell Rd
Legal Entity’s Physical Address: ________________________
Queensburgh
Legal Entity’s City: ___________________________________
4093
Legal Entity’s Postal Code: _____________________________
South Africa
Legal Entity’s Country: ________________________________
9146255246
Company VAT Registration Number (mark as NA if you are not VAT registered): __________________

Document Required

Identification (Required)
Add a copy of the company registration document or passport, ID here

The identification document must correspond to the person mentioned on the legal entity / the
person signing the contract or the owner of the store.
The copy must be a colour copy of the original document, with all four corners of the
document
DocuSign Envelope ID: 474D9838-36CB-4BFB-9B25-4596E69FFFC3

Certificate of acceptability (Applicable if food is being sold)


Add here a valid (COA) Certificate of acceptability (Applicable if food is being sold)

Halaal (Applicable if store is Halaal)


Add here a valid Halaal certificate
The certificate must correspond to the related store
The copy must be a color copy of the original document, with all four corners of the document

Alcohol (Applicable if alcohol is being sold)


Add here a valid off-premises alcohol selling licence
The certificate must correspond to the related store
The copy must be a colour copy of the original document, with all four corners of the
document

By providing this information, I represent that I have the authority to respond on behalf of the
restaurant and that the information provided is true and correct. I understand that typing my
name below represents my virtual signature.

Name: Benjamin
_____________________________
Govindraj

What’s next?
Once you sign your contract and complete these details, we will start your onboarding process. This is
what to expect:

1. Your starter kit box will be sent to your restaurant within 2-3 working days.
2. You will receive an onboarding email at _______________________________________
bubbleup097@gmail.com
giving you details of your next steps.
3. An Uber Eats representative will call your nominated Uber Expert for a telephonic training within 24
hours of you receiving your starter kit box.

Don't forget to log in to your Uber Eats Manager account and add your banking details
DocuSign Envelope
DocuSign Envelope ID:
ID: 8634E01F-F920-41D4-9B86-FD822BCFDC21
474D9838-36CB-4BFB-9B25-4596E69FFFC3

Uber Eats (South Africa) Services Agreement

Order Form

June 5, 2024
This Uber Eats (South Africa) Services Agreement, dated [_____________________] (the "Effective Date"), is by and
between:

Uber Eats South Africa (Proprietary) Limited, a company registered under the laws of the Republic of South Africa
(registration number: 2021/510607/07) (“Uber South Africa”),

Uber Portier B.V., a company registered under the laws of the Netherlands (registration number: 65851307) whose
registered address is Burgerweeshuispad 301, 1076 ER, Amsterdam, the Netherlands ("Uber Portier") (Uber South Africa
and Uber Portier collectively called “Uber”),

and with legal entity

[________________________________________________________________________________________________]
Bubble up (trading as
[___________________________________________________________________]),
Bubble Up Bubble Tea Malvern whose registered legal address is
[___________________________________________________________________________________________________________]
6 Hopewell Rd, Queensburgh, Kwazulu Natal, 4093 South Africa
(the "Merchant") (the "Agreement").

The Agreement shall consist of this Order Form and the Supplemental Terms (currently available at
uber.com/legal/eats_terms_en_ZA). In the event of a conflict between this Order Form and the Supplemental Terms, the
Order Form shall prevail. By signing this Order Form Merchant declares that it has read, understood and agrees to the
Order Form and the Supplemental Terms and has sought and obtained independent and separate advice prior to entering
into the Agreement. If Merchant objects to any amended Supplemental Term, Merchant may terminate this Agreement in
accordance with clause IV of the Order Form. Capitalized terms used but not defined herein shall have the meanings
given to such terms in the Definitions section of the Supplemental Terms.

Recitals

1. Uber South Africa and/or its Affiliates may make available to Merchant certain services (the "Uber Eats Services")
to facilitate the marketing, sale and provision of food, beverages and/or other products ("Items") by Merchant to its
customers ("Customers"). The Uber Eats Services include, without limitation, on-demand lead generation,
logistics, payment processing, marketing, operational and other support.

2. Use South Africa may also make available to Merchant a tablet or other portable device (a "Device") to access and
use the Uber Eats Services.

3. In connection with the Uber Eats Services, Uber Portier may make available to Merchant, on a royalty-free basis, a
website, application and/or other technology interface to access and use the Uber Eats Services (collectively, the
"Uber Tools").

4. Uber and/or its Affiliates may also make available to Customers, on a royalty-free basis, a website, application or
other technology interface to purchase Items and, if applicable, delivery services (the "Uber Eats App").

5. Merchant may make Items and, if applicable, delivery services available for sale through the Uber Eats App.
DocuSign Envelope
DocuSign Envelope ID:
ID: 8634E01F-F920-41D4-9B86-FD822BCFDC21
474D9838-36CB-4BFB-9B25-4596E69FFFC3

I. Methods; Service Fee Terms.

Items requested by a Customer through the Uber Eats App may be transferred from Merchant to such Customer via
multiple different methods (each a "Method"). Each Method allows Merchant to: (i) receive requests for Items (and, if
applicable, delivery services) from Customers using the Uber Eats App; (ii) sell such Items (and, if applicable, delivery
services) to Customers; and (iii) receive payment from Customers for such Items (and, if applicable, delivery services).
The differences between the Methods are as follows (as further specified in the Supplemental Terms):

A. MARKETPLACE: Uber South Africa will request a “Marketplace Delivery Partner” (an independent contractor
who intends to perform on-demand delivery services on Uber South Africa’s behalf using the Uber Eats App) to
collect Marketplace Items from Merchant and deliver such Marketplace Items to Customer (the “Marketplace
Method”). Uber South Africa will purchase delivery services from the Marketplace Delivery Partner and sell those
delivery services directly to the Customer. Merchant has no contractual relationship with the Marketplace
Delivery Partner by virtue of this Agreement. Uber South Africa will charge Merchant a Marketplace Service Fee
of ______________________
30% for each Marketplace Item sold by it via the Uber Eats App.

B. AGGREGATOR: If available in the Territory, Merchant may use "Aggregator Delivery Partners" (employees,
contractors, workers or agents of Merchant who provide delivery services on a Merchant’s behalf, not arranged
by Uber) to fulfill delivery of Items requested by Customers (the "Aggregator Method"). Uber South Africa will
charge Merchant an Aggregator Service Fee of _____________________ for each Aggregator Item sold by it via
the Uber Eats App.

C. NON-DELIVERY: If available in the Territory, Merchant may allow Customers to collect Items requested from a
specified location without the involvement of a Delivery Partner (the "Non-Delivery Method"). Uber South Africa
will charge Merchant a Non-Delivery Service Fee of ____________________
14% for each Non-Delivery Item sold by it
via the Uber Eats App.

Additionally, the following Fees may apply:

● ADMINISTRATIVE FEE: In consideration of Uber South Africa's work to activate Merchant on the Uber Eats
App, Merchant will pay to Uber South Africa one of two Administrative Fees:

R6000 ("Activation Fee") in


○ ACTIVATION FEE: Merchant agrees to pay Uber South Africa a Fee of ______
installments until the full amount is paid.

○ SUBSCRIPTION FEE: Merchant agrees to pay Uber South Africa a Fee of ______ n/a per week
("Subscription Fee"), continuing until the Agreement is terminated by either party.

For the sake of clarity, the Administrative Fee is a payment by Merchant to compensate the activation, setup
and on-going operational costs incurred by Uber South Africa related to, but not limited to, Merchant's
onboarding, provision of Devices and/or other equipment where applicable, associated customer support,
etc. For the avoidance of doubt, the Administrative Fee is not consideration for the on-demand lead
generation services provided by Uber. Merchant agrees that Uber South Africa may deduct the
Administrative Fee from Merchant's Item Revenue.

● DEVICE: Devices shall at all times remain the property of Uber South Africa. Merchant agrees that the loss or
theft of a Device, the failure to timely return a Device, or any damage to a Device outside of normal wear and tear,
will result in a Fee of __3600___________ ("Damage Fee"). Merchant agrees that Uber may deduct the Damage
Fee from Merchant's Item Revenue.

II. Supplemental Terms.

A. Merchant agrees to the Supplemental Terms (including the Definitions, General Supplemental Terms and the
Specific Supplemental Terms), currently available at uber.com/legal/eats_terms_en_ZA, as may be updated from
time to time.

B. Uber may amend the Supplemental Terms from time to time, as allowed by Applicable Law, upon giving fifteen (15)
days’ advance notice (the "Notice Period") and by Uber notifying Merchant in writing and posting such amended
Supplemental Terms at uber.com/legal/eats_terms_en_ZA or Uber otherwise making such amended Supplemental
Terms available to Merchant. However, the Notice Period will not apply where an amendment is required by law or
relates to the expansion or introduction of new services or functionalities to the existing Uber Eats Services and/or
DocuSign Envelope
DocuSign Envelope ID:
ID: 8634E01F-F920-41D4-9B86-FD822BCFDC21
474D9838-36CB-4BFB-9B25-4596E69FFFC3

Uber Tools or any other change which is effectively favourable to Merchant and does not reduce the scope of its
rights or increase its responsibilities. Merchant’s continued access to or use of the Uber Eats Services and/or Uber
Tools after such amended Supplemental Terms become effective constitutes Merchant’s consent to be bound by
the amended Supplemental Terms. If Merchant objects to any amended Supplemental Term, Merchant may
terminate this Agreement in accordance with clause IV of the Order Form.

C. Merchant will comply with the applicable Community Guidelines, currently available at
https://www.uber.com/legal/community-guidelines/za-en-eats/ ("Community Guidelines"). Additional terms may
apply to Merchant’s use of the Uber Eats Services and the Uber Tools, such as use policies or terms related to
certain features and functionalities, which may be modified from time to time, and shall be deemed "Supplemental
Terms" for the purpose of this Agreement.

D. Uber and/or its Affiliates shall collect, use and process Personal Data in accordance with Uber's Privacy Notice,
currently available at https://privacy.uber.com/policy. In the event that Personal Data will be shared as part of this
Agreement, the purposes and means are stipulated in the relevant General and/or Specific Supplemental Terms and
where relevant, the parties agree that they shall enter into the Data Processing Agreement (controller to controller) in
substantially the form attached as Addendum A of the Supplemental Terms.

E. By making use of any Method, Merchant shall be deemed to agree to the Specific Supplemental Terms for such
Method(s), in addition to the terms of this Order Form, the Definitions and the General Supplemental Terms. If
Merchant has not made use of a Method, the Specific Supplemental Terms for that Method will not apply to
Merchant.

III. Representations and Warranties; Indemnities; Limits of Liability.

A. Each party hereby represents and warrants that: (i) it has full power and authority to enter into this Agreement and
perform its obligations hereunder; (ii) it is duly organized, validly existing and in good standing under the laws of the
jurisdiction of its origin; (iii) it has not entered into, and during the Term will not enter into, any agreement that would
prevent it from complying with or performing under this Agreement; (iv) it will comply with all Applicable Laws in its
performance of this Agreement; and (v) the content, media and other materials used or provided as part of this
Agreement shall not infringe or otherwise violate the intellectual property rights, rights of publicity or other
proprietary rights of any third party. Merchant represents and warrants that all nutritional and allergen information
that is made available through the Uber Eats App is, and at all times will remain, accurate and compliant with all
Applicable Laws and (ii) the individual clicking to accept terms through the Dashboards is authorised by Merchant to
bind, and does hereby bind, Merchant to such terms. Merchant agrees and ensures that all food law requirements
are fulfilled, in particular regarding allergens and/or origin of products of animal origin to the extent required by
Applicable Laws.

B. Each party agrees to the indemnification obligations set out in clause 12 of the General Supplemental Terms.

C. Except for a party’s indemnification obligations or a breach of confidentiality obligations as set out in the General
Supplemental Terms: (i) in no event shall any party be liable for any claim for indirect or consequential damages of
any kind, including loss of business profits, or damages for loss of business of Merchant or any third party arising
out of this Agreement, or loss or inaccuracy of data of any kind, or loss of or damage to goodwill, whether based on
contract, tort or any other legal theory, even if such party has been advised of the possibility of such damages; and
(ii) each party’s total cumulative liability of each and every kind under this Agreement shall not exceed $100,000. The
foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or
effectiveness of other remedies.

IV. Term and Termination. This Agreement will commence on the Effective Date and, unless earlier terminated as
provided below, will continue for a period of one (1) year from the Effective Date ("Initial Term") and will automatically
renew for successive one (1) year periods (each, a "Renewal Term" and together with the Initial Term, the "Term").
Either Uber or Merchant may terminate this Agreement in the event of a material breach by the other party if the
breach is not cured by the such party within fifteen (15) days’ written notice thereof by the non-breaching party.
Either Uber or Merchant may terminate this Agreement in its entirety at any time without cause by giving thirty (30)
days’ prior written notice of termination to the other party. Merchant may terminate this Agreement in its entirety by
giving fifteen (15) days’ prior written notice if it objects to a change in the Supplemental Terms in accordance with
Clause II. B of the Order Form. In addition, Uber may suspend this Agreement with immediate effect if Uber deems it
is reasonably necessary to do so, including in the event of a breach of the Community Guidelines (including, but not
limited to, failing to provide a safe environment for couriers, failing to respect allergen information given by a
customer, or a sustained failure to meet minimum quality standards), a breach of any Applicable Laws, or any other
event which Uber reasonably considers may affect your ability to perform this Agreement or prejudice the goodwill
DocuSign Envelope
DocuSign Envelope ID:
ID: 8634E01F-F920-41D4-9B86-FD822BCFDC21
474D9838-36CB-4BFB-9B25-4596E69FFFC3

of Uber and its Affiliates. Before exercising any of the rights described in this clause, Uber shall notify you by email
or any other durable medium prior to or at the time of the suspension or restriction taking effect. Any provision of
this Agreement that expressly or by implication is intended to come into or continue in force on or after termination
of this Agreement, including but not limited to clause III of this Order Form and all payment obligations, will survive
the termination of this Agreement.

V. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of South Africa
without regard to its conflict of laws provisions.

VI. Dispute Resolution. In the event of any dispute, conflict or controversy, howsoever arising out of or broadly in
connection with or relating to this Agreement, including but not limited to those relating to its validity, its
construction or its enforceability, either Uber or Merchant may file an action in the courts of South Africa or pursue
final and binding arbitration or other alternative dispute resolution as agreed upon by the parties.

VII. Notices. Any notice to Uber should be provided to Uber Eats South Africa (Proprietary) Limited, Office 105
Parktown Quarter, Corner Third and Seventh Avenue, Parktown North, Gauteng, 2193 and Uber Portier B.V., Attn:
Legal, Meester Treublaan 7, 1097 DP, Amsterdam, the Netherlands (legal-contracts-bv@uber.com). Notices to
Merchant should be provided to the registered address specified in the Order Form or via email. Notices shall be
sent in accordance with clause 15(k) of the General Supplemental Terms.

VIII. Dashboards. Merchant may appoint one or more authorized Merchant Representatives to act on behalf of
Merchant and use the dashboards made available by Uber to Merchant in connection with the use of the Uber Eats
Services and Uber Tools including “restaurant manager” and “restaurant dashboard” (collectively, the
“Dashboards”). Merchant agrees to (a) maintain all Dashboard login credentials in confidence and (b) only permit an
authorised Representative to access the Dashboard. Merchant shall be responsible for all activity that occurs under
its Dashboard login credentials.

IX. Counterparts. This Order Form may be executed in one or more counterparts and by exchange of electronically
signed counterparts transmitted by pdf format, each of which shall be deemed an original and all of which, when
taken together, shall constitute one and the same original instrument.

X. Additional Terms.

A. Marketplace - For Merchants who have opted to participate in Marketplace Cash Settlement

𝥁 Merchant agrees that by checking this box, it is opting to accept Marketplace Cash Settlements in accordance with
the Specific Supplemental Terms - Marketplace Method of the Services Agreement as amended from time to time.

Note: Do not check the box if you do not want to participate or receive Marketplace Cash Settlements from
Marketplace Delivery Partners. If Merchant was a party to a Prior Agreement relating to Marketplace Cash
Settlements or cash drop-off prior to the Effective Date of this Agreement, and intends to no longer accept
Marketplace Cash Settlements, the Merchant must inform Uber in writing five (5) days’ in advance of the Merchant’s
intention to no longer accept Marketplace Cash Settlements.
DocuSign Envelope
DocuSign Envelope ID:
ID: 8634E01F-F920-41D4-9B86-FD822BCFDC21
474D9838-36CB-4BFB-9B25-4596E69FFFC3

Signed By: Uber Portier B.V. Signed By: Uber Eats South Africa Accepted and Agreed on behalf of
(Proprietary) Limited Merchant:
Name: Uber Management B.V.
Name: Giorgiana Alexandru By:
Title: Managing Director
Title: Authorized signatory Name: Benjamin Govindraj
On behalf of Uber Management B.V.
Title: Owner
Name: John Bogmans
Date: June 5, 2024
Title: Managing Director A

Other Notes
DocuSign Envelope ID: 474D9838-36CB-4BFB-9B25-4596E69FFFC3
DocuSign Envelope ID: 474D9838-36CB-4BFB-9B25-4596E69FFFC3
DocuSign Envelope ID: 474D9838-36CB-4BFB-9B25-4596E69FFFC3

You might also like