Last updated: 15-Nov-23
These Terms of Service (“Terms”, “Terms of Service”) govern the access or use by you to use Uber Eats Social+ which is made available by Glocal Advertising Cloud Ltd., incorporated in Ireland (company number 609994) and having its principal place of business at MediaCube@IADT, Kill Avenue, Dun Laoghaire, Co. Dublin A96 X6X3 (“Gladcloud”, “us”, “we”, or “our”).
Uber Eats UK Limited, a company registered under the laws of England and Wales (registration number: 10078453) whose registered address is First Floor, Aldgate Tower, 2 Leman Street, London, United Kingdom, E1 8FA (“Uber UK”), and Uber Eats Ireland Limited under the Republic of Ireland (registration number: 711975) having its principle place of business at 47 Thomas, 3rd floor, Limerick, Ireland (“Uber Eats I”), together (“Uber Eats UK&I) work with Gladcloud to provide you sponsored social media advertisements.
Please read these Terms of Service carefully before using Uber Eats Social+. By clicking to agree these Terms of Service on Uber Eats Social+, you declare that you have understood the terms and conditions stated in this document. If you do not agree to these Terms, you may not access Uber Eats Social+. These Terms expressly supersede prior agreements or arrangements with you.
Your access to and use of Uber Eats Social+ is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use Uber Eats Social+.
Uber Eats Social+ allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material. You authorise the Content that we or Uber Eats (UK&I) post to Uber Eats Social+, including its legality, reliability, and appropriateness.
By you onboarding to Uber Eats Social+, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through Uber Eats Social+, for the purpose of providing you with sponsored social media advertisements. .
You agree that all the sponsored social media advertisements developed by Uber Eats (UK&I) from your Content, are and shall be the exclusive property of Uber Eats (UK&I), unless expressly set forth in these Terms. You also agree that Uber Eats (UK&I) has the right to use, modify, change, or delete the sponsored social media advertisements and/or the Content at its sole discretion at any time and without getting your prior consent.
For the purposes of these Terms, “Content” means information such as the hero image, store name, store location you provided to Uber Eats (UK&I) either during the onboarding process when you signed up to the Uber Eats platform or information provided in relation to any subsequent updates on the Uber Eats platform.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on Uber Eats Social+.
You are responsible for safeguarding the password that you use to access Uber Eats Social+ and for any activities or actions under your password, whether your password is with Uber Eats Social+ or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
3. Intellectual Property
Uber Eats Social+ and its original content , features and functionality are and will remain our exclusive property or that of our licensors. The service is protected by copyright, trademark, and other laws of both England and Wales and Ireland. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
You retain all right, title and interest in and to the intellectual property in the Content. You will be responsible for paying for, negotiating, securing, and executing, in writing any necessary agreements, licenses, consents and/or permissions for materials owned by any third parties which forms part of the Content you provide Uber Eats (UK&I).
ou grant us and Uber Eats (UK &I) for the duration of your account with Uber Eats Social+ , a non-exclusive, non-sublicensable, revocable license to use your trademark and Content in all the sponsored social media advertisements, , marketing materials and in media releases. All parties will not use the other party’s trademark without the prior, express consent of the other party (email is sufficient). However, any use of your Content or trademark by Uber Eats (UK &I) or its affiliates in connection with all the sponsored social media advertisements through Uber Eats Social+ will not require any such prior, express consent.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through Uber Eats Social+ does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person, and (iii) you have obtained all the necessary agreements, licenses, consents and/or permissions for the Content by any third parties which will be uploaded and posted on the Uber Eats Social+ platform.
4. Links To Other Web Sites
Uber Eats Social+ may contain links to third-party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
5. Term and Termination
The Terms are effective from when you click accept to these Terms on the Uber Eats Social+ and complete the onboarding process on Uber Eats Social+.
You may terminate these Terms, or stop using the Uber Eats Social+, at any time, for any reason.
We may restrict you from accessing or using Uber Eats Social+, or any part of them, immediately, without notice, in circumstances where we reasonably suspect that:
(a) you have, or are likely to, breach these Terms;
(b) you have not complied or breached any of our or Uber Eats (UK &I) standards and policies; or
(c) If you no longer have an account with Uber Eats.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination (for the reasons above), your access to the Uber Eats Social+ will immediately cease.
You agree to indemnify us and Uber Eats (UK&I) and its officers, directors, employees, agents, and affiliates from any and all claims, demands, losses, liabilities, and expenses (including reasonable attorney’s fees) arising out of or in connection with: (i) your use of Uber Eats Social+; (ii) your gross negligence or willful misconduct (ii) your breach or violation of any of these Terms; and (iii) your violation or claimed violation of any third party intellectual property rights in whole or part from the use of the Content.
7. Limitation of Liability
In no event shall we or Uber Eats (UK &I) or its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use Uber Eats Social+; (ii) any conduct or content of any third party on Uber Eats Social+; (iii) any content obtained from Uber Eats Social+; and (v) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Nothing in these Terms limits any liability which cannot be limited including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and/or
(c) any matter in respect of which it would be unlawful for the parties to exclude or restrict liability.
Your use of Uber Eats Social+ is at your sole risk. Uber Eats Social+ is provided on an “AS IS” and “AS AVAILABLE” basis. Uber Eats Social+ is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Neither we or Uber Eats (UK&I) or its subsidiaries, affiliates, or licensors warrant that a) Uber Eats Social+ will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) Uber Eats Social+ is free of viruses or other harmful components; or d) the results of using Uber Eats Social+ will meet your requirements
9. Privacy and Data Security
Uber (UK&I) and its Affiliates may collect your personal data during the course of your registration and use of the Uber Eats Social+. Such information may be processed by Uber and its Affiliates, third parties and service providers, in accordance with its privacy notice ( https://www.uber.com/legal/en/document/?name=privacy-notice&country=great-britain&lang=en ).
Uber will only collect your phone number and email address in order to ensure the onboarding process on Uber Eats Social+. By signing up to the Uber Eats Social+, you agree to Uber’s Privacy Notice.
By agreeing to these Terms, you acknowledge that you have read and understood Uber’s privacy notice and policies.
For the purposes of these Terms, Affiliates means an entity that owns or controls, is owned or controlled by, or is under common control or ownership with a party;
10. Governing Law
These Terms shall be governed and construed in accordance with the laws of England and Wales. If you live in the Republic of Ireland you can bring legal proceedings in respect of the Services in the English Courts.
Each party irrevocably agrees that the courts of England and Wales shall have the exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising of or in connection with the Terms or its subject matter or formation.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding Uber Eats Social+, and supersede and replace any prior agreements we might have between us regarding Uber Eats Social+.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide you written notice to any new terms that detrimentally affects your rights under these Terms. What constitutes a material change will be determined at our sole discretion.
Your continued access or use of Uber Eats Social+ after such notice, constitutes your consent to be bound by the Terms, as amended.
12. Contact Us
If you have any questions about these Terms, please contact us at firstname.lastname@example.org