Review and sign the Uber Eats agreement
What you'll get
Reliable delivery - our average delivery time is under 30 minutes
*Based on global internal data, August 2018
Access to new customers - so you can grow your business
A fleet of active delivery partners
24/7 Uber Eats support - for you and your customers
Management tools - track Uber Eats orders, sales, and get customer feedback
What you'll pay
$0 activation fee until the end of 2019 (normally $350 paid 4 weeks after your first order)
30% marketplace fee on each Uber Eats order
You’re free to end the agreement at any time without penalties.
Please check this section for answers to the most commonly asked questions regarding a partnership with Uber Eats.
Uber Eats Platform Order Form
This Uber Eats Platform Order Form ("Order Form") is entered into as of the last signature date set forth below ("Effective Date") by and between PORTIER, LLC ("us," "we," or "Company") and the party listed below ("you" or "your"), sets forth the terms and conditions of your participation on our proprietary Uber Eats mobile platform, and incorporates by reference the terms and conditions available at http://t.uber.com/ubereats-terms, last updated October 4, 2016, and as may be updated from time to time ("Standard Terms," together with the Order Form, the "Agreement"). If there is a conflict between this Order Form and the Standard Terms, this Order Form controls. You agree to make your meals ("Meals") available via the Uber Eats Platform described below ("Uber Platform") and we will each showcase your Meals on our various social media channels, as mutually agreed (by email is sufficient).
Special Terms and Conditions
1. EXPEDITED SERVICES. Neither we nor our affiliates provide expedited provisioning, delivery or logistics services. What we provide is a platform for companies like yours to connect you with Delivery Partners for expedited provision of Meals to your customers and to receive demand prediction (in the case of Marketplace), payment processing and related information services in connection with the sale of your Meals. We and the Delivery Partners operate under cover of your retail license privileges and control for the expedited provision of Meals to your customers, as your agent and not your employee. As between you and us, you, through the services provided by Delivery Partners, are responsible for the expedited provision of Meals to your customers and you maintain possession, control and care of the Meals at all times. Delivery Partners are independent contractors who license our (or one of our affiliate's) proprietary technology to provide on-demand services on an expedited basis, and they can refuse to accept any item in their sole discretion. Orders cannot weigh (in the aggregate) more than 30 pounds for bike provisioning or 50 pounds for vehicle provisioning, and you may not send any people or animals of any size, illegal, fragile or dangerous items (like weapons, explosives or flammables), alcohol, stolen goods, or any items you do not have the permission to send. In addition, we will use any feedback you provide to us related to your use of the Uber Platform (without acknowledgement or compensation).
2. MEALS & SAFETY STANDARDS. You will prepare all hot Meals at no less than 140°F and all cold Meals at less than 41°F (“Safe Temperature Range”). Meals will be available for expedited provisioning by you for a maximum of 4 hours from the time you prepared such Meal(s) (“Marketplace Time Window”). You will determine all quality, portion, size, ingredient or other criteria that apply to the Meals (“Criteria”) and you are solely responsible for ensuring that your Meals meet such Criteria. In the event you fail to prepare Meals within the Safe Temperature Range or if any Meals are inconsistent with the Criteria (each, a “Substandard Meal”), we do not have to make these Substandard Meals available for your sale or expedited provisioning via the Uber Platform. Costs of all Substandard Meals are your responsibility, including refunds and Substandard Meal retrieval costs. We will provide you reasonable advice regarding demand prediction in connection with Marketplace, which you may use at your discretion in connection with your determination of the quantity and type of Meals you choose to make available via the Uber Platform. You maintain title to all Meal inventory until each Meal is delivered to your customer.
3. DEVICES. If we give you a tablet or other mobile device (“Device”) to use in connection with the Uber Platform, you agree that Device(s) may only be used for the Uber Platform, and Device(s) may not be transferred, loaned, sold or otherwise provided in any manner to any third party. Devices(s) will at all times remain our property, and upon expiration or termination of the Agreement, or your extended absence from the Uber Platform for longer than forty-five (45) days, you will return all Device(s) to us within ten (10) days. If you receive a wireless data plan with your Device, you will reimburse us $15 per week (or such other amount as mutually agreed) for the costs associated with the wireless data plan of each applicable Device. You agree that we may deduct the reimbursement from the Meal Revenue.
4. GENERAL. You are responsible for determining and setting the retail price (“Retail Price”) for each Meal to be made available via the Uber Platform, but you agree that you will not set a Retail Price higher than the amount you are charging for similar meals in-restaurant or through any comparable technology platform for food delivery or logistics services (including, but not limited to, GrubHub, Caviar, etc.). You are the “retailer” or “seller” of all Meals for local and state sales tax purposes and the responsible party for collection and remittance of applicable sales tax. The Retail Price for each Meal will not include sales tax, but you are solely responsible for determining all applicable sales tax and identifying and informing us of the appropriate sales tax amount for us to charge on your behalf for Meals sold via Marketplace. We are each responsible for our own expenses and costs. In consideration for use of the Uber Platform, we will charge you a service fee as specifically set forth above for each Meal provided via the applicable Uber Platform (“Service Fee”). The Service Fee is net of any taxes that you are liable for. The Service Fee is the Retail Price of all Meals sold by you via the Marketplace (excluding any sales tax collected on your behalf) multiplied by the applicable Service Fee. We will remit to you the total Retail Price collected for all Meals sold by you via Marketplace plus the taxes collected on your behalf via the Marketplace less the retained Service Fee and any refunds given to your customers (such remitted amount, the “Meal Revenue”) (remittance will be within 14 days of Meals being sold). If you are paid for a Meal, you are responsible for the Service Fee even if a Delivery Partner is unable to complete the expedited provisioning services. All fees under this Agreement shall be paid in U.S. Dollars. If agreed, you may also be charged an Activation Fee for us to activate you on the Uber Platform and/or a Promotional Fee in consideration of the enhanced promotion you receive by selling your Meals on the Uber Platform. We will give you aggregate information regarding the number of Meals picked up by Delivery Partners and provided by you to your customers (including the date, and for Marketplace only, specific Meal and reason given for any refund (if any)), all subject to applicable privacy laws.
5. Aggregator Delivery Partners. “Aggregator Delivery Partner” is defined as your employee, contractor or agent who provides Meal delivery services for you. “Delivery Recipients” means the intended recipient of Meals being delivered pursuant to this Agreement. “Delivery Recipient Information” means information about a Delivery Recipient made available to you or your Aggregator Delivery Partners in connection with a request for and use of Delivery Services, which may include delivery drop-off location, a Delivery Recipient’s name or company name, a Delivery Recipient’s contact information, a Delivery Recipient’s signature, and a Delivery Recipient’s photo, as well as any other relevant details specific to the items to be delivered. “Delivery Services” means the provision of delivery services for a single order by Aggregator Delivery Partners to Delivery Recipients via the Uber Platform in the territory using the applicable Transportation Method. “Marketplace Delivery Partner” is defined as an independent contractor that intends to provide on demand delivery services using Company’s proprietary technology platform under license from us or one of our affiliates. “Transportation Method” means a mode of transportation that will be used by the Aggregator Delivery Partners for the purpose of providing Delivery Services in accordance with the applicable product standards of the relevant Uber Platform.
a. Provision of Delivery Services. In order to enhance your satisfaction with the Aggregator Delivery Partner and the Delivery Services, it is recommended that: (i) you provide detailed instructions for pickup and drop-off (e.g., the location within the building address to pick-up/drop-off a Meal, etc.) to each Aggregator Delivery Partner; and (ii) an Aggregator Delivery Partner wait at least ten (10) minutes for you or Delivery Recipient to appear at the requested pick-up or drop-off location prior to leaving or cancelling the Delivery Services. You shall not, and shall ensure that all Aggregator Delivery Partners do not, contact any Delivery Recipients or use any Delivery Recipient Information collected in the course of providing the Delivery Services for any reason other than for the purposes of fulfilling Delivery Services for that customer’s particular order. You shall not retain Delivery Recipient Information or any of the Delivery Recipient’s personal data for longer than it takes to fulfill the Delivery Services. As between Company and you, you acknowledge and agree that: (a) you and Aggregator Delivery Partners shall be solely responsible for determining the most effective, efficient and safe manner to perform each instance of Delivery Services; and (b) except for the Uber Platform, you shall provide all necessary equipment, tools and other materials, at your own expense, necessary to perform Delivery Services.
b. Your Relationship with Delivery Recipients. Company and its Affiliates are not responsible or liable for the actions or inactions of a Delivery Recipient in relation to your activities, Aggregator Delivery Partner or any Transportation Method. You acknowledge and agree that each Aggregator Delivery Partner shall have the sole responsibility for any obligations or liabilities to you, Delivery Recipients or other third parties that arise from your or an Aggregator Delivery Partner’s provision of Delivery Services. You acknowledge and agree that: (a) you and each Aggregator Delivery Partner are solely responsible for: (i) any liability arising from or relating to your customer or any other third party in connection with the Delivery Services and (ii) taking such precautions as may be reasonable and proper, including, without limitation, maintaining insurance in accordance with applicable laws and conducting thorough background check investigations in connection with the Delivery Services; and (b) Company or its Affiliates may release the contact and/or insurance information of you and/or an Aggregator Delivery Partner to a Delivery Recipient upon such Delivery Recipient’s reasonable request (e.g., in connection with an accident). You will provide evidence of such precautions upon Company’s request.
c. Your Relationship with Aggregator Delivery Partners. You shall have the sole responsibility for any obligations or liabilities to Aggregator Delivery Partner that arise from your relationship with your Aggregator Delivery Partners (including provision of Delivery Services). You acknowledge and agree that you exercise sole control over the Aggregator Delivery Partners and will comply with: (i) all applicable laws (including tax, gratuity, social security and employment laws) regulations applicable to your relationship with your Aggregator Delivery Partners; and (ii) industry best practice in respect of working conditions and compensation for Aggregator Delivery Partners, including the distribution of any gratuities. As between the parties, you acknowledge and agree that you are at all times responsible and liable for the acts and omissions of your Aggregator Delivery Partners vis-à-vis Delivery Recipients, Company and its Affiliates, even where such liability may not be mandated under applicable law.
6. Your Additional Obligations for Aggregator Services.
a. Delivery Fee and Tax. You are solely responsible for determining the fee that will be charged to the Delivery Recipient for all Meals delivered by Aggregator Delivery Partners pursuant to this Agreement (“Delivery Fee”). You will provide Company with the desired Delivery Fee and Company will display this Delivery Fee on the Uber Eats App for all applicable Meals. For the sake of clarity, the Delivery Fee will not include Sales Tax, but you are solely responsible for determining all applicable Sales Tax and identifying and informing Company of the appropriate Sales Tax and other fee amount for Company to charge your customers on your behalf for Delivery Fees charged under this agreement for your Meals delivered by Aggregator Delivery Partners. Company reserves the right to charge your customers additional delivery fees on your behalf, including but not limited to, a small basket fee.
b. Delivery Area and Delivery Timing. You are responsible for determining the geographic area in which Aggregator Delivery Partners will be able to deliver your Meals to Delivery Recipients (“Your Delivery Area”). You acknowledge that Company will use Your Delivery Area to limit the availability of your Meals to those potential Uber Eats App customers who request delivery in Your Delivery Area. Your Delivery Area limitation will remain in place even if the Meal is delivered by a Marketplace Delivery Partner. You are also responsible for providing Company with projected timelines for the preparation of your Meal orders. Company will use this provide preparation timeline and Company’s internal projection of delivery time to determine the estimated time for delivery that will be displayed Uber Eats App for all your applicable Meals.
c. Meal Order Support. You are responsible for providing all support for Delivery Recipients for all Meals delivered by Aggregator Delivery Partners. You agree to provide Company with a customer service phone number that will be provided in the Uber Eats App to all Delivery Recipients so that Delivery Recipients may direct their support inquiries to you. You are solely responsible for resolving all complaints and issues raised for Meals delivered by Aggregator Delivery Partners and will accept and respond to all related customer service inquiries from Delivery Recipients.
7. Aggregator Delivery Partners and Transportation Methods.
a. Aggregator Delivery Partner’s Requirements. You acknowledge and agree that each Aggregator Delivery Partner will at all times: (a) hold and maintain (i) a valid applicable license with the appropriate level of certification to operate the Transportation Method assigned to each Aggregator Delivery Partner (e.g., a driver’s license if the Transportation Method is a motor vehicle), and (ii) all licenses, permits, approvals and authority applicable to you and/or Aggregator Delivery Partner that are necessary to provide delivery services to third parties in the territory; (b) provide the Delivery Services in a professional manner with due skill, care and diligence; and (c) maintain high standards of professionalism, service and courtesy. You agree to undertake background and driving record checks on Aggregator Delivery Partners before they can provide Delivery Services on your behalf and from time to time thereafter. You acknowledge and agree that Company reserves the right, at any time in Company’s sole discretion, to restrict you or an Aggregator Delivery Partner from accessing or using the Uber Platform if you or such Aggregator Delivery Partner fails to meet the requirements set forth in this Agreement or Aggregator Delivery Partner Addendum.
b. Transportation Method Requirements. You acknowledge and agree that any Transportation Method will at all times be: (a) properly registered and licensed to operate as a delivery vehicle in the territory (if the Transportation Method is a vehicle); (b) owned or leased by you, or otherwise in your lawful possession; (c) suitable for performing the Delivery Services contemplated by this Agreement; and (d) maintained in good operating condition, consistent with industry safety and maintenance standards for a Transportation Method of its kind and any additional standards or requirements in the applicable territory, and in a clean and sanitary condition.
c. Documentation. To the extent required by applicable law, you must retain all copies of any required licenses, permits, approvals, authority, registrations and certifications prior to your and the applicable Aggregator Delivery Partner’s provision of any Delivery Services.
a. You acknowledge and agree that after completion of an instance of Delivery Services, you and/or Delivery Recipients may be prompted by Company’s technology platform to provide a rating of such Delivery Services and Aggregator Delivery Partner and, optionally, to provide comments or feedback about such Delivery Services and Aggregator Delivery Partner.
b. Company and its Affiliates reserve the right to use, share and display the ratings and comments of you, Aggregator Delivery Partners, and Delivery Recipients in any manner in connection with the business of Company and its Affiliates without attribution to or approval from you or the applicable Aggregator Delivery Partner. You acknowledge and agree that Company and its Affiliates are distributors (without any obligation to verify) and not publishers of the ratings or comments of you or any Aggregator Delivery Partner, provided that Company and its Affiliates reserve the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws, or Company’s or its Affiliates’ content policies.
a. Delivery Services. Notwithstanding anything to the contrary in the General Terms, you will pay Aggregator Delivery Partners for their delivery services provided to you at your sole discretion (but at all times in compliance with applicable laws and regulations), and you are at all times solely responsible for providing payment to Aggregator Delivery Partners, including the distribution of any gratuities. You acknowledge and agree that you are required to: (a) complete all tax registration obligations and calculate and remit all tax liabilities related to the provision of Delivery Services and receipt of the Uber Platforms as required by applicable law; and (b) provide Company with all relevant tax information. You further acknowledge and agree that you and each of your Aggregator Delivery Partners are responsible for taxes on their own receipts arising from the performance of Delivery Services.