1. Contractual Relationship
These Terms of Use (“Terms”) govern the access or use by you (“You”), an individual from within any country in the world (excluding the United States and its territories and possessions) of applications (including the Uber Eats App), websites, content (collectively, the “App”) for the purposes of using the Uber Eats platform (the “Access Services”), made available by Uber Portier B.V. (“UPBV”), a private limited liability company established in the Netherlands, having its offices at Mr. Treublaan 7, 1097 DP, Amsterdam, the Netherlands, registered at the Amsterdam Chamber of Commerce under number 56317441.
The Terms also govern the request for Delivery Services on the Uber Eats platform (the “Delivery Services”), which are provided by Uber Eats Japan 合同会社 (“Eats JP”).
In these Terms, UPBV and Eats JP, are collectively referred to as “Uber” or “We”, and, the Access Services and Delivery Services, are collectively referred to as the “Services.”
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Uber. If you do not agree to these Terms, you may not access the Services. These Terms expressly supersede prior agreements or arrangements with you.
Supplemental terms may apply to govern policies for a particular event, activity or promotion etc., and such supplemental terms will be disclosed to you in connection with the applicable event, activity or promotion. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable event, activity or promotion. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable event, activity or promotion.
Uber may amend the Terms, any policies or supplemental terms (including the Community Guidelines) related to the Services from time to time. Amendments will be effective upon Uber’s posting of such updated Terms at this location or posting of the policies for amendments or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting, or after the expiry of the notice period (whichever is later), constitutes your consent to be bound by the Terms, as amended.
“Community Guidelines” means the Uber’s community guidelines (which may be modified from time to time by Uber in its sole discretion) as set forth at https://www.uber.com/legal/ja/document/?name=general-community-guidelines&country=japan&lang=en or other URLs accessible from https://www.uber.com/legal/ja/ and/or https://www.uber.com/jp/ja/safety/uber-community-guidelines/.
Our collection and use of personal information in connection with the Services is as provided in Uber’s Privacy Policy located at https://www.uber.com/legal. Uber may provide to a claims processor, regulator or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may involve you, a Merchant and/or a delivery partner and such information or data is necessary to resolve the complaint, dispute or conflict.
2. Using the Services
The Uber Eats platform is (i) a technology platform that connects you to merchants (“Merchant”) to order food, beverages, or other items (“Items”) and (ii) the platform through which Eats JP or Merchants may provide for delivery of Items to you.
Once you have been provided access to the App solely by UPBV, you may place orders for Items. You may request that Items be delivered using Eats JP whereby you will be charged by Eats JP directly for the Delivery Services. You may also place orders for Items via the App which do not require the use of Delivery Services (as set out in Clause 5 below).
Eats JP will request an independent contractor who intends to perform on-demand Delivery Services using the Uber App (a “Delivery Partner”) to collect Items from Merchant and deliver such Items to you.
In some cases, Merchants may offer delivery services via an Uber branded application or website (“Merchant Delivery”). You may also be able to place orders via the Uber Eats App that do not require Delivery Services, such as pickup or Merchant Delivery. Eats JP will let you know when your order will be fulfilled by Merchant Delivery. To avoid doubt, the Delivery Services do not include the delivery component where you have chosen Merchant Delivery.
Eats JP will endeavor to ensure that your Items will be delivered to you as soon as reasonably possible. Eats JP will give you an estimated range of how long the delivery will take before you place the order. Unfortunately, independent factors such as traffic and weather, as well as the actions or inactions of Merchants or Delivery Partners may cause delays in the provision of Delivery Services.
Delivery Services are offered in designated regional areas as communicated via the Uber Eats App from time to time (“Delivery Service Area”). Eats JP does not guarantee that the Delivery Services will be available in the Delivery Service Area at all times.
If Delivery Services fail for reasons attributed to you (for example, you did not answer when your Items were delivered to you) you may be charged full price for both Items and Delivery Services.
If Eats JP cancels the Delivery Services for any reason not attributed to you, you will be entitled to a refund for any amounts paid.
With the exception of certain Items sold via the Uber Eats App where Eats JP may act as a Merchant (For the avoidance of doubt, title to all Items sold to you by Eats JP as a Merchant shall pass onto you upon delivery of such Items to you or recipient designated by you), neither UPBV, Eats JP, nor its affiliates in Japan are an Item selling or preparation entity, and are not responsible for the following obligations of Merchants:
Merchants are responsible for fulfilling orders they accept from you, preparing items to an acceptable quality and standard, and ensuring their information on the App, including information about menu items and pricing is correct;
Merchants must obtain relevant licenses and permits, and comply with applicable laws, regulations and guidelines, including any requirements on Item preparation, handling, packaging and safety in Japan; and
Merchants are responsible for obtaining all applicable authorizations, consents or permissions required from any relevant parties (including, without limitation, any relevant governmental authorities) for the purpose of the selling of any Items on the App and Merchant Delivery.
The Services are made available solely for your personal, non-commercial use, unless Uber has agreed with you otherwise in a separate agreement.
3. Terms Relating to Use of Access Services
Licence
Subject to your compliance with these Terms, (i) UPBV grants you for no consideration a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the App on your personal device solely in connection with your use of the Access Services; and (ii) UPBV grants you for no consideration a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use any content, information and related materials that may be made available through the Access Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by UPBV and their licensors.
Restrictions
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Access 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 Access Services except as expressly permitted by Uber; (iii) decompile, reverse engineer or disassemble the Access Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Access Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Access Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Access Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Access Services or its related systems or networks.
Third Party Services and Content
The App may be made available or accessed in connection with third party services and content (including advertising) that UPBV does not control. Once you click on a link to third party services or content, you will be subject to the terms and conditions and privacy policy of that website, destination, or third-party service provider. UPBV will not warn you that you have left the Access Services or that you are subject to the terms and conditions (including privacy policies) of another website, destination, or third-party service provider. You use all links in third-party websites and advertisements at your own risk as these are not part of the Access Services and are not controlled by UPBV. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. UPBV does not endorse such third party services and content and in no event shall UPBV be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or other operating system providers and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this Terms if you access the App using applications developed for Apple iOS, Android, Microsoft Windows, or other operating system-powered mobile devices, respectively. These third party beneficiaries are not parties to this Terms and are not responsible for the provision or support of the App in any manner. Your access to the App using these devices is subject to the terms set forth in the applicable third party beneficiary’s terms of service.
Ownership
The Access Services and all rights therein are and shall remain UPBV’s property or the property of UPBV ’s licensors. Neither these Terms nor your use of the Access Services conveys or grants to you any rights: (i) in or related to the Access 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. Your Use of the Services
User Accounts
In order to use most aspects of the App and thereafter utilise the Delivery Services, you must register for and maintain an active personal user Uber Eats account (“Account”). You must be at least 18 years of age to obtain an Account in Japan.
Account registration requires you to submit to Uber certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or debit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the 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 Services are not available for use by persons under the age of 18. Further, you must comply with applicable law where there are any legal age requirements to receive certain Services. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws and Community Guidelines 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 will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Delivery Partner 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.
Commercial Electronic Messaging
By creating an Account, you agree that Uber or its affiliates may contact you by telephone or commercial electronic messages (including email, SMS, push notifications, or automatic telephone dialing system where applicable) as part of the normal business operation of your use of the Services. You agree that Uber and its affiliates are not required to include an unsubscribe message in commercial electronic messages where it may be impracticable (including for push notifications). However, you may opt-out of receiving commercial electronic messages from Uber at any time by following the directions found at t.uber.com/unsub-preference . You also acknowledge that opting out of receiving commercial electronic messages may impact your use of the Services. You cannot unsubscribe from transactional messages, including trip receipts and support responses. These communications are important for your experience.
Text Messaging
By creating an Account, you agree that Uber and its representatives, subsidiaries, and affiliates may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided in connection with your Uber Account, for purposes that include, without limitation, 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 following the directions regarding how to opt out of relevant text messages 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 Privacy Notice, located at https://www.uber.com/legal/ja/document/?name=privacy-notice&country=japan&lang=ja .
User Provided Content
Uber may permit you from time to time to submit, upload, publish or otherwise make available to Uber through the App 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 and its affiliates 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 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 a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. UPBV and Eats JP respectively do not guarantee that the App, Delivery 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. General Eaters Terms
Orders
When you place an order through the App, your order will be communicated to and processed by the relevant Merchant. Orders are subject to Merchant’s Item availability and Delivery Partner’s delivery capacity and availability. The contract for the supply of Items you have ordered is formed between you and the Merchant when the Merchant accepts the order and we send you a notification of your order being accepted. You are responsible for paying for all Items ordered using your Account, and related delivery charges.
Wrong Order, Missing/Inaccurate/Damaged Item
If you believe that the Items that were delivered are a wrong order or there are missing, inaccurate or damaged Items in the order, please proceed to the Help page in the App and provide the relevant details without delay and latest within 7 days after completion of the Items orders. Any information received after this deadline will not be accepted. Eats JP may also request a photograph showing the problem. Eats JP will review the relevant information and unless there is reasonable cause to believe the problem was caused by you, Eats JP will provide a refund using the same method you used to pay for your order (save for cash payment where Eats JP determines refund can only be made via Uber Cash to your Account) in respect of the affected part of the Item; and also in respect of delivery if the whole order was affected. Prior to processing your refund, Eats JP may take into account relevant factors including the details of the order, your Account history, what happened on delivery and information from the Merchant and Delivery Partner.
Refunds and Exchange of Items
Subject to the “Wrong Order, Missing/Inaccurate/Damaged Item” section above, refunds and/or exchange of any Items such as non-food items are subject to the applicable refunds and exchange policies of the Merchant. Although you may bring the Item(s) directly to the Merchant you placed the order from and present the receipt on your App, the Merchant reserves the final discretion on refunds/exchanges based on their policies.
Delivery and Pick Up
When you place an order, you may have a choice of delivery or pick-up (if it is available in your city).
(i) Delivery
The delivery time displayed at the top of your order is estimated and includes factors such as: (a) the time it typically takes the Merchant to accept and prepare an average order, and (b) the time Eats JP estimate it will take for the Delivery Partner to travel from the pick-up point to the delivery address. Actual delivery time may vary depending on how busy the Merchant is, the size of your order, traffic conditions, weather conditions and other factors.
Please ensure that an accurate delivery address and contact number are reflected in the App for your order to be delivered to the right location. If you would like to change the address after you have placed an order (before the Delivery Partner has been dispatched), Eats JP may be able to do so if your new address is within the delivery area of the Merchant. If the location is outside of the Merchant’s delivery area, and the Merchant has started Item preparation and/or Delivery Partner is on its way, you may be charged the full amount of the Item and delivery without receiving Item.
If the delivery of your order is late or does not arrive and the delivery status is shown as incomplete, you can access your Account and directly contact the Delivery Partner for an update on the status of the order. If you are unable to contact the Delivery Partner and/or your order did not arrive but the delivery status is shown as completed, please contact us and provide details of the order. Eats JP will review the issue and if it is found that the issue did not arise due to any of your actions, Eats JP will provide a refund for any payment already made using the same method you used to pay for your order (save for cash payment where Eats JP determines refund can only be made via Uber Cash to your account).
When the order is delivered to you, all risks associated with the Items and your order shall be transferred to you. However, considering the time gap between the placement of the order and the delivery of the Items, you acknowledge that the quality of the Items to be delivered may deteriorate to an immaterial extent from the time the Merchant prepared the Items, and that you assume the risk associated with such deterioration.
Failed Delivery due to You
You must ensure that the delivery address provided by you has safe and available passageways to enable the Delivery Partner to successfully deliver the order to you. If there is no such passageway for Delivery Partner to access and Delivery Partner is unable to deliver the order, you would be charged the full amount of the Item and Delivery Services.
Failed delivery may also take place if Eats JP and/or the Delivery Partner tries to contact you when the Delivery Partner arrives at the delivery address but you do not respond to incoming phone calls or text messages within 10 minutes of the Delivery Partner physically reaching your provided address. In this instance, the Delivery Partner is unable to complete the delivery and you will be charged for the order.
(ii) Pick-Up
If you place a “Pick-up” order you will be notified when the Merchant accepts the order, the estimated time the order will be ready, and when the order is ready for Pick-up. Once your order is confirmed by the Merchant, you will be charged for the order.
Please ensure that you pick up your order from the Merchant at the scheduled time the order is ready. If order is not picked up by the scheduled time, Merchant reserves the right to deem such order as completed.
Cancellation
(i) Cancellation by You
Our cancellation policy depends on your order status and the details of the cancellation policy can be found on https://help.uber.com/ubereats/article/what-is-the-uber-eats-cancellation-policy-?nodeId=78c4c326-15ba-4d6a-9fd2-d8724f525477 (as amended by Uber from time to time).
(ii) Cancellation by Merchants
There may be instances where Merchants may cancel your order after accepting it because such Items are no longer available and/or there are no available Delivery Partners to deliver the order. In such instances, Eats JP will notify you through the App that the order is canceled. You will not be charged for such canceled orders, and Eats JP (by itself, with respect to Delivery Services, and on behalf of Merchants, with respect to Items) will refund you for any payment already made using the same method you used to pay for your order.
6. Payment and Tax
Payment
For each order via the App, you will pay for the cost of the Items (“Item Price”) to the Merchant, and a delivery charge for Delivery Services to Eats JP or in the case of orders fulfilled via Merchant Delivery, a delivery charge to the Merchant. In case of orders fulfilled via Merchant Delivery, you may be required to pay a service fee to Eats JP for connection services provided. In addition, Eats JP may charge you other service fees as necessary (collectively the “Charges”). The delivery charge may vary based on several factors (including demand and supply of Delivery Partners, distance and time of delivery, variable fees etc), but you will always see the Charges upfront so you can decide whether you would like to proceed with the order. Each Merchant has the discretion on how much they want to charge for their Items and the offers provided to you on the App, which may vary from what you see when you visit the Merchant.
Payment for the Item Price and a delivery charge for orders fulfilled via Merchant Delivery is facilitated by Eats JP on behalf of the Merchant as its payment collection agent. Payment of these charges in such a manner shall be considered the same as payment made directly by you to the Merchant. Charges will be inclusive of applicable taxes. Charges paid by you are final and non-refundable, unless otherwise determined by Eats JP or required by the Japan Consumer Law. All Charges are due immediately and payment will be facilitated by Eats JP using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Eats JP may, as the Merchant’s payment collection agent, use a secondary payment method in your Account, if available. In some cases, you can alternatively make your payment in cash directly to the Merchant and Eats JP by paying the Delivery Partner at the time of delivery subject to applicable law. You can select such cash payment option on the App before you place your order. In cash payment, collection of Charges may be facilitated by Delivery Partners (on behalf of the Merchant and Eats JP) as the payment collection agent. Cash payment of Charges to Delivery Partners shall be considered the same as payment made directly by you to the Merchant and Eats JP.
This payment structure is intended to fully compensate Merchants or Eats JP for the services or goods provided. Uber does not designate any portion of your payment as a gratuity to Merchants, Eats JP, or Delivery Partners. You understand and agree that, while you are free to voluntarily provide additional payment as a gratuity to any Delivery Partner, you are under no obligation to do so. Payment for the gratuity to Delivery Partners is facilitated by Eats JP on behalf of the Delivery Partners as its payment collection agent. Payment of gratuity in such manner shall be considered the same as payment made directly by you to the Delivery Partners.
Promotional Codes
Eats JP may create promotional codes or coupons that may be redeemed for Account credit, or other features or benefits related to the Services, and Items provided by a Merchant, subject to any additional terms that Eats JP establishes on a per promotional code or coupon basis (“Promo Codes”). You agree that the Promo Codes: (i) may not be acquired by you or any other user by duplication of accounts or other inappropriate manner; (ii) must be used for the intended audience and purpose, and in a lawful manner; (ⅲ) 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 Eats JP ; (iv) may be disabled by Eats JP at any time for any reason without liability of Uber; (v) may only be used pursuant to the specific terms for such Promo Codes; (vi) cannot be exchanged for cash; and (vii) may expire prior to your use. Eats JP reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Eats JP reasonably determines or believes that the use or redemption of the Promo Codes was in error, fraudulent, illegal, or in violation of the applicable Promo Codes’ terms or these Terms.
7. Disclaimer; Limitation of Liability; Indemnity
Disclaimer and Limitation of Liability
The services and goods provided by Uber (including Eats JP as a Merchant for the avoidance of doubt; the same shall apply hereinafter) 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 any implied warranties of merchantability, fitness for a particular purpose and non-infringement, and 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 Merchants. You agree that the entire risk arising out of your use of the services, and any service or Items requested in connection therewith, remains solely with you.
However, the foregoing provision shall not apply in the event of a default or unlawful act for reasons attributable to Uber. Even if Uber is liable to a user for the Services, unless the user has suffered damage as a result of Uber’s intentional acts or gross negligence, Uber shall be liable only for the ordinary and direct damage actually incurred by the user, and only in an amount not exceeding the amount of the order placed by the user using the Services.
Indemnity
You agree to indemnify and hold Uber and its affiliates harmless from any and all claims, demands, losses, liabilities, and expenses 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 Merchants and/or Delivery Partners (“Losses”).
Your liability under this clause shall be reduced proportionately if, and to the extent that, Uber directly caused or contributed to any such Losses.
8. Termination of Account
UPBV may either (i) restrict you from accessing or using the App, and Eats JP may restrict you from accessing or using the Delivery Services, or any part of them, or (ii) terminate these Terms or your access to the App, and Eats JP may terminate these Terms or any Delivery Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, immediately and without notice, in circumstances where UPBV or Eats JP reasonably suspects that:
You may terminate these Terms at any time, for any reason through the App by going to “Settings-Privacy Settings-Delete Account”. Your account will be immediately deactivated if you delete your Uber account. After 30 days, your account will be permanently deleted. Uber may retain certain information after account deletion as required or permitted by law.
9. Disputes and Governing Law
There are a number of mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”). Uber or its affiliates operate a complaints process to allow you to make complaints about UPBV, Eats JP or Merchants and/or Delivery Partners, and Eats JP also manages refunds (if applicable) to you in relation to those complaints. Eats JP or its affiliates will operate this complaints process in a reasonable manner. In addition, you may have rights to make a complaint to fair trade or consumer law bodies in relation to applicable consumer laws.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Japan, excluding its rules on conflicts of laws. In the event of a Dispute in relation to these Terms, the Dispute shall be filed to the District Court of Tokyo; provided that either party may pursue final and binding arbitration or other alternative dispute resolution as agreed upon by the parties.
Any proceedings, including documents and briefs submitted by the parties, correspondence from a mediator, and correspondence, order and awards issued by an arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation set out in these Terms.
10. Other Provisions
Claims of Copyright Infringement
Claims of copyright infringement should be sent to Uber’s designated agent. Please visit Uber’s web page at https://www.uber.com/legal/ja/?uclick_id=e8547ada-8a7e-4b55-9798-ade3e155d8e0#notices for the designated address and additional information.
Notice
Uber may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Uber by written communication to an office of Uber Eats Japan, Inc., which is an affiliate, at 1-9-10 Roppongi, Minato-ku, Tokyo, 106-0032, with a copy to legal@uber.com (addressed to the Japan Uber EATS team).
General
You may not assign or transfer these Terms in whole or in part without Uber’s prior written approval. You give your approval to Uber for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Uber’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Uber or any third party provider as a result of the contract between you and Uber or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms, including any incorporated policies, constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. Nothing in this clause limits your rights as a consumer that cannot be excluded under applicable law. In these Terms, the words “including” and “include” mean “including, but not limited to”.
Elimination of Anti-Social Forces
You declare that you are neither an Anti-Social Force (as defined below) nor involved in any transactions with Anti-Social Forces. You must not engage in any transactions with Anti-Social Forces containing criminal and extremist elements. If you unintentionally engage in a transaction with an Anti-Social Force, Uber may immediately terminate these Terms without any responsibilities. “Anti-Social Forces” means the following persons or organizations: