Uber Eats – Delivery Person Agreement (Australia)
(b) Portier Pacific may, as required by Law (including, for example, if you fail to provide Portier Pacific with a valid and
accurate Australian Business Number before Portier Pacific makes a payment to you), withhold, deduct or collect
and remit any Taxes resulting from your provision of Delivery Services or which Portier Pacific is otherwise required
to withhold, deduct or collect in relation to you or any payments due to you under this Agreement and provide any
information Portier Pacific collects directly to Tax or other governmental authorities, if required. If Portier Pacific
withholds, deducts or collects any such Taxes you will not be entitled to receive any additional amount from Portier
Pacific on account of such Taxes.
(c) You must provide Portier Pacific with any information reasonably requested by Portier Pacific in order to comply
with any obligations imposed on Portier Pacific under any applicable Law relating to Tax.
(d) Portier Pacific will pay a Delivery Fee in sole consideration of any Delivery Services you complete under this
Agreement, which is inclusive of GST (if any). Uber supplies to you a licence to use the Uber Driver App for no fee.
(e) Except to the extent otherwise specified in this Agreement, any amounts payable by you under this Agreement are
exclusive of GST. If GST is payable on any supply by Portier Pacific made under this Agreement, for which the
consideration is not expressly stated to include GST, you agree to pay Portier Pacific an additional amount equal to
the GST at the same time that the consideration for the supply, or the first part of the consideration for the supply
(as the case may be), is to be provided. In this Agreement, GST that is payable by Portier Pacific includes GST that
is payable by the representative member of Portier Pacific’s GST group.
8. INTELLECTUAL PROPERTY
8.1 Ownership of intellectual property rights
Uber, certain of its Affiliates and their respective licensors own all rights in the Uber Driver App and all Uber Data, including all
intellectual property rights associated with them. The only rights granted to you to the Uber Driver App or Uber Data are the
rights set out in this Agreement. All rights not granted under this Agreement by Uber, certain of its Affiliates and their
respective licensors, are expressly reserved.
8.2 Your right to use the Uber Driver App
Subject to you complying with your obligations under this Agreement, Uber grants you a non-exclusive, non-transferable,
non-sublicensable, non-assignable licence to use the Uber Driver App for no fee during the term of this Agreement. You may
only install and use the Uber Driver App on your mobile device to provide Delivery Services and to track Delivery Fees.
8.3 Restrictions on the use of the Uber Driver App or Uber Data
Without limiting any other part of this Agreement, you must not share (or enable sharing of) the Uber Driver App or any Uber
Data with a third party. Also, you must not copy, modify, distribute, sell or lease any part of the Uber Driver App or Uber Data,
reverse engineer or attempt to extract the source code of any of Uber's software (other than as permitted by Law) or
improperly use the Uber Driver App. If this Agreement or the licence granted to you under section 8.2 terminates for any
reason, you must promptly delete the Uber Driver App from your mobile device.
8.4 Uber Names, Marks or Works
Other than as required by Law, you must not use any of our names, logos, colours, trademarks, service marks, copyrights,
slogans or other identifying symbols or indicia (registered or unregistered) of ownership or copyright (Uber Names, Marks, or
Works as applicable). You must not create or register any (a) business names, (b) URLs, (c) domain names, (d) software
application names or titles, or (e) social media handles or profiles that include Uber Names, Marks, or Works or any
confusingly or substantially similar mark, name or title. You must not use Uber Names, Marks, or Works as your social media
profile picture or wallpaper without Uber's express written permission. You must not purchase keywords (including Google
AdWords) that contain any Uber Names, Marks, or Works and you must not display any Uber Names, Marks or Works on your
Transportation Method or wear a uniform or any other clothing displaying any Uber Names, Marks or Works (unless Portier
Pacific has agreed otherwise, or if required by Law). Also, you must not register, or attempt to register or otherwise use or
claim ownership of any Uber Names, Marks or Works. If Uber grants you any right to use any Uber Marks, the rights of an
authorised user under section 26 of the Trade Marks Act (Cth) 1995 are expressly excluded from the licences granted under
this section 8.4.