Common use of Provision of Transportation Services Clause in Contracts

Provision of Transportation Services. When the Driver App is active, User requests for Transportation Services may appear to a Driver via the Driver App if the Driver is available and in the vicinity of the User. If a Driver accepts a User’s request for Transportation Services, the Uber Services will provide certain User Information to such Driver via the Driver App, including the User’s first name and pickup location. In order to enhance User satisfaction with the Uber mobile application and a Driver’s Transportation Services, it is recommended that Driver waits at least ten (10) minutes for a User to show up at the requested pick-up location. The Driver will obtain the destination from the User, either in person upon pickup or from the Driver App if the User elects to enter such destination via Uber’s mobile application. Customer acknowledges and agrees that once a Driver has accepted a User’s request for Transportation Services, Uber’s mobile application may provide certain information about the Driver to the User, including the Driver’s first name, contact information, Customer entity name, photo and location, and the Driver’s Vehicle’s make and license plate number. Customer shall not, and shall ensure that all Drivers do not, contact any Users or use any User’s personal data for any reason other than for the purposes of fulfilling Transportation Services. As between Uber and Customer, Customer acknowledges and agrees that: (a) Customer and its Drivers are solely responsible for determining the most effective, efficient and safe manner to perform each instance of Transportation Services; and (b) except for the Uber Services or any Uber Devices (if applicable), Customer shall provide all necessary equipment, tools and other materials, at Customer’s own expense, necessary to perform Transportation Services. Customer understands and agrees that Customer and each Driver have a legal obligation under the Americans with Disabilities Act and similar state laws to transport Users with Service Animals (as defined by applicable state and federal law), including guide dogs for the blind and visually impaired Users, and there is no exception to this obligation for allergies or religious objections. Customer’s or any Driver’s knowing failure to transport a User with a Service Animal shall constitute a material breach of this Agreement. Customer agrees that a “knowing failure” to comply with this legal obligation shall constitute either: (1) a denial of a ride where the Customer/Driver states the denial was due to a Service Animal; or (2) there is more than one (1) instance in which a User or the companion of a User alleges that the Customer/Driver cancelled or refused a ride on the basis of a Service Animal.

Provision of Transportation Services. When the Driver App is active, User requests for Transportation Services may appear to a Driver you via the Driver App if the Driver is you are available and in the vicinity of the User. If a Driver accepts you accept a User’s request for Transportation Services, the Uber Services will provide you with certain User Information to such Driver via the Driver App, including the User’s first name and pickup location. In order to enhance User satisfaction with the Uber mobile application and a Driver’s your Transportation Services, it is recommended that Driver waits you wait at least ten (10) minutes for a User to show up at the requested pick-up location. The Driver You will obtain the destination from the User, either in person upon pickup or from the Driver App if the User elects to enter such destination via Uber’s mobile application. Customer acknowledges You acknowledge and agrees agree that once a Driver has you have accepted a User’s request for Transportation Services, Uber’s mobile application may provide certain information about the Driver you to the User, including the Driver’s your first name, contact information, Customer entity name, photo and location, and the Driver’s your Vehicle’s make and license plate number. Customer You shall not, and shall ensure that all Drivers do not, not contact any Users or use any User’s personal data for any reason other than for the purposes of fulfilling Transportation Services. As between Uber Company and Customeryou, Customer acknowledges you acknowledge and agrees agree that: (a) Customer and its Drivers are you shall be solely responsible for determining the most effective, efficient and safe manner to perform each instance of Transportation Services; and (b) except for the Uber Services or any Uber Company Devices (if applicable), Customer you shall provide all necessary equipment, tools and other materials, at Customer’s your own expense, necessary to perform Transportation Services. Customer understands You understand and agrees agree that Customer and each Driver you have a legal obligation under the Americans with Disabilities Act and similar state laws to transport Users with Service Animals (as defined by applicable state and federal law), including guide dogs for the blind and visually impaired Users, and there is no exception to this obligation for allergies or religious objections. Customer’s or any Driver’s Your knowing failure to transport a User with a Service Animal shall constitute a material breach of this Agreement. Customer agrees You agree that a “knowing failure” to comply with this legal obligation shall constitute either: (1) a denial of a ride where the Customer/Driver states you state the denial was due to a Service Animal; or (2) there is more than one (1) instance in which a User or the companion of a User alleges that the Customer/Driver you cancelled or refused a ride on the basis of a Service Animal.

Provision of Transportation Services. When the Driver App is active, User requests for Transportation Services may appear to a Driver via the Driver App if the Driver is available and in the vicinity of the User. If a Driver accepts (either directly or through a BUKK TECHNOLOGIES PTY LIMITED Affiliate in the Territory acting as agent for the Customer/Driver) a User’s request for Transportation Services, the Uber Services BUKK TECHNOLOGIES PTY LIMITED will provide certain User Information to such Driver via the Driver App, including the User’s first name and pickup location. In order to enhance User satisfaction with the Uber mobile application and a Driver’s Transportation Services, it is recommended that Driver waits at least ten (10) minutes for a User to show up at the requested pick-up location. The Driver will obtain the destination from the User, either in person upon pickup or from the Driver App if the User elects to enter such destination via UberBUKK TECHNOLOGIES PTY LIMITED’s mobile application. Customer acknowledges and agrees that once a Driver has accepted (either directly or through an BUKK TECHNOLOGIES PTY LIMITED Affiliate in the Territory acting as agent for the Customer/Driver) a User’s request for Transportation Services, UberBUKK TECHNOLOGIES PTY LIMITED’s mobile application may provide certain information about the Driver to the User, including the Driver’s first name, contact information, Customer entity name, photo and location, and the Driver’s Vehicle’s make and license plate number. Customer shall not, and shall ensure that all Drivers do not, contact any Users or use any User’s 's personal data for any reason other than for the purposes of fulfilling Transportation Services. As between Uber BUKK TECHNOLOGIES PTY LIMITED and Customer, Customer acknowledges and agrees that: : (a) Customer and its Drivers are solely responsible for determining the most effective, efficient and safe manner to perform each instance of Transportation Services; and and (b) except for the Uber Services BUKK TECHNOLOGIES PTY LIMITED or any Uber BUKK TECHNOLOGIES PTY LIMITED Devices (if applicable), Customer shall provide all necessary equipment, tools and other materials, at Customer’s own expense, necessary to perform Transportation Services. 2.3. Customer’s Relationship with Users. Customer understands acknowledges and agrees that Xxxxxxxx’s provision of Transportation Services to Users creates a legal and direct business relationship between Customer and the User, to which neither BUKK TECHNOLOGIES PTY LIMITED nor any of its Affiliates in the Territory is a party. Neither BUKK TECHNOLOGIES PTY LIMITED nor any of its Affiliates in the Territory is responsible or liable for the actions or inactions of a User in relation to the activities of Customer, a Driver or any Truck. Customer shall have the sole responsibility for any obligations or liabilities to Users or third parties that arise from its provision of Transportation Services. Customer acknowledges and agrees that it and each Driver have are solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance that meets the requirements of all applicable laws) regarding any acts or omissions of a User or third party. Customer acknowledges and agrees that BUKK TECHNOLOGIES PTY LIMITED may release the contact and/or insurance information of Customer and/or a Driver to a User upon such User’s reasonable request. Customer acknowledges and agrees that, unless specifically consented to by a User, neither Customer nor Driver may transport or allow inside any other cargo other than cargo authorized by such User during the performance of Transportation Services for such User. Customer acknowledges and agrees, and shall ensure that its Drivers agree, that all cargo should be transported directly to their specified destination, as directed by the applicable User, without unauthorized interruption or unauthorized stops. 2.4. Customer’s Relationship with BUKK TECHNOLOGIES PTY LIMITED. Customer acknowledges and agrees that BUKK TECHNOLOGIES PTY LIMITED’s provision to Customer of the Driver App and the BUKK TECHNOLOGIES PTY LIMITED creates a legal obligation and direct business relationship between BUKK TECHNOLOGIES PTY LIMITED and Customer. BUKK TECHNOLOGIES PTY LIMITED and its Affiliates in the Territory do not, and shall not be deemed to, direct or control Customer or its Drivers generally or in their performance under the Americans with Disabilities Act and similar state laws to transport Users with Service Animals (as defined by applicable state and federal law)this Agreement specifically, including guide dogs in connection with the operation of Customer’s business, the provision of Transportation Services, the acts or omissions of Drivers, or the operation and maintenance of any Trucks. Whilst authorized to provide Transportation Services under this Agreement, Customer and its Drivers retain the sole right to determine when and for how long each of them will utilize the blind Driver App or the BUKK TECHNOLOGIES PTY LIMITED. Customer and visually impaired Usersits Drivers retain the option, via the Driver App, to decline or ignore a User’s request for Transportation Services via the BUKK TECHNOLOGIES PTY LIMITED, or to cancel an accepted request (whether such request was accepted directly or via an BUKK TECHNOLOGIES PTY LIMITED Affiliate in the Territory acting as agent) for Transportation Services via the Driver App, subject to BUKK TECHNOLOGIES PTY LIMITED’s then-current cancellation policies. Customer will not, and there is no exception will ensure that its Drivers do not: (a) display BUKK TECHNOLOGIES PTY LIMITED’s or any of its Affiliates’ names, logos or colors on any Truck(s); or (b) wear a uniform or any other clothing displaying BUKK TECHNOLOGIES PTY LIMITED’s or any of its Affiliates’ names, logos or colors. The foregoing does not apply if Customer and BUKK TECHNOLOGIES PTY LIMITED have agreed otherwise or if so required by law. Customer acknowledges and agrees that it has complete discretion to operate its independent business and direct its Drivers at its own discretion, including the ability to provide services at any time to any third party separate and apart from Transportation Services. For the sake of clarity, Customer understands that Customer retains the complete right to provide Transportation Services to its existing customers and to use other software application services in addition to the BUKK TECHNOLOGIES PTY LIMITED. BUKK TECHNOLOGIES PTY LIMITED retains the right to, at any time in BUKK TECHNOLOGIES PTY LIMITED’s sole discretion, deactivate or otherwise restrict Customer or any Driver from accessing or using the Driver App or the BUKK TECHNOLOGIES PTY LIMITED in the event of a violation of this obligation for allergies Agreement, a violation of a Driver Addendum, Customer‘s or religious objections. any Driver’s disparagement of BUKK TECHNOLOGIES PTY LIMITED or any of its Affiliates, Customer’s or any Driver’s knowing failure act or omission that causes harm to transport a User with a Service Animal shall constitute a material breach of this AgreementBUKK TECHNOLOGIES PTY LIMITED’s or its Affiliates’ brand, reputation or business as determined by BUKK TECHNOLOGIES PTY LIMITED in its sole discretion. BUKK TECHNOLOGIES PTY LIMITED also retains the right to deactivate or otherwise restrict Customer agrees that a “knowing failure” to comply with this legal obligation shall constitute either: (1) a denial of a ride where or any Driver from accessing or using the Customer/Driver states the denial was due to a Service Animal; or (2) there is more than one (1) instance in which a User App or the companion BUKK TECHNOLOGIES PTY LIMITED for any other reason at the sole and reasonable discretion of a User alleges that the Customer/Driver cancelled or refused a ride on the basis of a Service AnimalBUKK TECHNOLOGIES PTY LIMITED.

Provision of Transportation Services. When the Driver App is active, User requests for Transportation Services may appear to a Driver via the Driver App if the Driver is available and in the vicinity of the User. If a Driver accepts (either directly or through a BUKK TECHNOLOGIES PTY LIMITED Affiliate in the Territory acting as agent for the Customer/Driver) a User’s request for Transportation Services, the Uber Services BUKK TECHNOLOGIES PTY LIMITED will provide certain User Information to such Driver via the Driver App, including the User’s first name and pickup location. In order to enhance User satisfaction with the Uber mobile application and a Driver’s Transportation Services, it is recommended that Driver waits at least ten (10) minutes for a User to show up at the requested pick-up location. The Driver will obtain the destination from the User, either in person upon pickup or from the Driver App if the User elects to enter such destination via UberBUKK TECHNOLOGIES PTY LIMITED’s mobile application. Customer acknowledges and agrees that once a Driver has accepted (either directly or through an BUKK TECHNOLOGIES PTY LIMITED Affiliate in the Territory acting as agent for the Customer/Driver) a User’s request for Transportation Services, UberBUKK TECHNOLOGIES PTY LIMITED’s mobile application may provide certain information about the Driver to the User, including the Driver’s first name, contact information, Customer entity name, photo and location, and the Driver’s Vehicle’s make and license plate number. Customer shall not, and shall ensure that all Drivers do not, contact any Users or use any User’s 's personal data for any reason other than for the purposes of fulfilling Transportation Services. As between Uber BUKK TECHNOLOGIES PTY LIMITED and Customer, Customer acknowledges and agrees that: (a) Customer and its Drivers are solely responsible for determining the most effective, efficient and safe manner to perform each instance of Transportation Services; and (b) except for the Uber Services BUKK TECHNOLOGIES PTY LIMITED or any Uber BUKK TECHNOLOGIES PTY LIMITED Devices (if applicable), Customer shall provide all necessary equipment, tools and other materials, at Customer’s own expense, necessary to perform Transportation Services. 2.3. Customer’s Relationship with Users. Customer understands acknowledges and agrees that Xxxxxxxx’s provision of Transportation Services to Users creates a legal and direct business relationship between Customer and the User, to which neither BUKK TECHNOLOGIES PTY LIMITED nor any of its Affiliates in the Territory is a party. Neither BUKK TECHNOLOGIES PTY LIMITED nor any of its Affiliates in the Territory is responsible or liable for the actions or inactions of a User in relation to the activities of Customer, a Driver or any Truck. Customer shall have the sole responsibility for any obligations or liabilities to Users or third parties that arise from its provision of Transportation Services. Customer acknowledges and agrees that it and each Driver have a legal obligation under are solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance that meets the Americans with Disabilities Act and similar state laws to transport Users with Service Animals (as defined by requirements of all applicable state and federal law), including guide dogs for the blind and visually impaired Users, and there is no exception to this obligation for allergies laws) regarding any acts or religious objections. Customer’s or any Driver’s knowing failure to transport a User with a Service Animal shall constitute a material breach omissions of this Agreement. Customer agrees that a “knowing failure” to comply with this legal obligation shall constitute either: (1) a denial of a ride where the Customer/Driver states the denial was due to a Service Animal; or (2) there is more than one (1) instance in which a User or third party. Customer acknowledges and agrees that BUKK TECHNOLOGIES PTY LIMITED may release the companion contact and/or insurance information of Customer and/or a Driver to a User alleges upon such User’s reasonable request. Customer acknowledges and agrees that, unless specifically consented to by a User, neither Customer nor Driver may transport or allow inside any other cargo other than cargo authorized by such User during the performance of Transportation Services for such User. Customer acknowledges and agrees, and shall ensure that its Drivers agree, that all cargo should be transported directly to their specified destination, as directed by the Customer/Driver cancelled applicable User, without unauthorized interruption or refused a ride on the basis of a Service Animalunauthorized stops.