The Digital Momentum Membership Card (the “Card”) is issued by Uber Pacific Pty Ltd (“Uber”), an Australian company with ACN 622 366 116). Use of the Card will constitute acceptance of these terms and conditions. Please read these terms and conditions carefully and print a copy for your records.
The Card enables driver-partners, who are independent providers of peer-to-peer passenger transportation services, registered to use the mobile application provided by Uber B.V. in Australia (“Uber Driver App”) and who are in continuing compliance with the terms and conditions for using the Uber Driver App (“driver-partners”), to be eligible to receive certain discounted products and services provided by third parties (“Momentum Partners”) when presenting the Card to a Momentum Partner. The “Momentum Programme” means the programme of discounts of products and services as further detailed on the following website: https://www.uber.com/au/en/drive/rewards/ (the “Site”).
The issuance and subsequent use of the Card shall not, in anyway, be deemed to establish any employment, partnership or agent-principal relationship between Uber and the relevant driver-partner. The Card is not transferable. The Card is eligible for use only by the driver-partner who has been issued with such Card (the “Cardholder”). The practice of a Cardholder who provides their Card to another person(s), or a driver-partner who uses the Card of another Cardholder is strictly prohibited and may result in Uber Driver App account deactivation for both parties. If Uber suspects misuse of the Card, it may be suspended or terminated without notice to you. Uber may cancel the Card at any time without liability to Uber on notice to a driver-partner.
To obtain and maintain a Card, a driver-partner must meet the eligibility requirements determined by Uber in its sole discretion, including but not limited to eligibility requirements to access the Momentum Partner Rewards Program (the “Program”). Each driver-partner is eligible to hold only one Card.
The Card is not a debit, credit or charge card and shall not be deemed to have any cash value. Uber shall, in no way, be deemed to have any responsibility or liability whatsoever for any loss or damage suffered by the driver-partner in connection with his or her use of the Card.
Cardholder is solely responsible for all interactions with third parties.
Discounted products and services offered by third parties in connection with the Card are subject to change at any time and without notice. Uber does not guarantee that any discounted products or services displayed on the Site or on any third party website are available or valid at any particular time and under no circumstances shall Uber be liable for the failure of any Momentum Partner to provide discounted products or services as displayed on the Site or apply any discount to the price of the products or services provided by the Momentum Partner. Availability and validity is at the discretion of the Momentum Partner offering the discounted products or services and subject to any terms referenced by such Momentum Partner. Uber reserves in all cases the right to remove or vary the discounted products or services.
Uber shall, in no way, be deemed to be endorsing any products or services offered by any Momentum Partner nor shall Uber be deemed to be making any express or implied warranties and representations about the products and services provided by any Momentum Partner. Any products and services provided by Momentum Partners to you shall be subject to a contract solely between you and the relevant Momentum Partner only.
Cardholder understands that Uber may receive and/or process anonymised data and/or personal data regarding Cardholder's use of the Card. This may include time and date of attendance at a Momentum Partner, purchasing information, and other information determined by Uber from time to time.
These terms and conditions are governed by the laws of New South Wales, Australia. The parties agree that Cardholder hereby consents to the exclusive jurisdiction and venue in the New South Wales, Australia, which shall have exclusive jurisdiction to determine all disputes surrounding these terms and conditions.
Last updated : 1 December 2017
We may modify these Terms at any time at our sole discretion, and such modifications shall be effective immediately upon posting of the modified Terms or in the event of a material change to any clause on 14 days’ notice to you.
You agree to review the Terms periodically to be aware of such modifications and your continued access to or use of the Site shall be deemed your conclusive acceptance of any modified Terms. The term(s) “we”, “our” and “us” includes all members, subsidiaries and affiliates of Uber, their respective subsidiaries and affiliates, as well as their successors and assigns.
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend access to the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users who have registered with Uber.
(1) Registration, Password, Security and Cookies
If any portion of the Site requires you to register or open an account, or to fill in any form(s) you must provide us with accurate, complete and updated registration information.
You may also be asked to choose a login name and a password, or use existing login name and password credentials with Uber. Please select a password that would not be obvious to someone trying to guess your password.
You shall not disclose to any person your password and shall not permit or authorize any person to use your login name or password for any purpose whatsoever. Uber may treat any access to or use of the Site at any time by the use of your login name and password as access to or use of the Site by you, notwithstanding that it may have been used by any other person without your knowledge or authority.
Upon learning that any person has acquired knowledge of your password or has used your password to access or use the Site or effect any transaction (whether with or without your knowledge and consent), you shall
(a) immediately notify Uber thereof;
(b) at Uber’s request, make a police report thereof;
(c) provide Uber with any other information relating thereto as Uber may require; and
(d) immediately change the password.
Uber takes certain industry-accepted precautions to secure the Site or portions thereof. However, you agree that such precautions do not guarantee that use of the Site is invulnerable to all security breaches, nor does Uber make any warranty, guarantee, or representation that use of the Site is protected from all viruses, worms, Trojan horses, and other vulnerabilities.
During your use of the Site, we may issue to and request from your computer blocks of data known as “cookies” to enable more convenient browsing when you revisit the Site. A cookie is a type of data which is sent from the Site to your Internet browser software, and is stored on your computer. Storing cookies does not have any adverse effect on your computer. You must not alter any cookies sent to your computer from the Site and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Site.
When you access the Site, we may collect the following information:
We may use your personal information for planning, research, design and marketing of services, rendering assistance to law enforcement, government or regulatory agencies, or complying with any applicable laws or any order of court.
Any information disclosed in the public areas of the Site (such as on any message boards and forums that may be created now or in the future) of its nature becomes public information. You should exercise caution when disclosing your personal information in this way.
(3) Content and Related User Conduct
You understand that you are responsible for any content that you post or transmit on or through the Site.
You agree not to cause, nor knowingly allow others to cause, any nuisance, annoyance, or inconvenience, whether to Uber or any of its customers or users of the Site by any means.
You agree to use the Site in a manner consistent with all applicable laws and regulations.
Specifically, you will not use the Site to post, transmit, distribute, link to, or solicit content that:
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, or to impose an unreasonable or disproportionately large load on the servers serving the Site.
Uber shall have the right (but not the obligation) in its sole discretion to monitor, refuse or remove any content that is available via the Site. Without limiting the foregoing, Uber shall have the right to remove any content that violates these Terms or is otherwise objectionable.
(4) Content Posted Or Submitted To Uber
You agree to grant to Uber a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to public areas of the Site (such as message boards, forums, member profiles, yellow pages, job folders or other features that allow users to post information that will be accessible by the public or the user population generally) by all means and in any media now known or hereafter developed. You also grant to Uber the right (though you acknowledge and agree that Uber shall not be so obliged) to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Uber for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
Except for any personal, individually identifying information which we have agreed to keep confidential, any feedback, data, answers, questions, comments, suggestions, plans, ideas or the like that you send to us via the Site, via email or otherwise, will be treated as being non-confidential and nonproprietary. We assume no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
(5) Postings by Third Parties and Hyperlinks to Third Party Websites
This Site may now and/or in the future contain hyperlinks to other websites which are neither maintained nor controlled by Uber, or may contain content posted on or via the Site by third parties. Therefore, Uber shall not be responsible for any errors or omissions in any content in the Site, or the content, products or services of any hyperlinked website or any hyperlink contained in a hyperlinked website, nor for the privacy and security practices employed by those other websites, and shall not be liable for any loss or damage of any kind incurred as a result of the use of any content posted or contained in e-mails or otherwise transmitted or displayed via the Site, or arising from access to those websites. Use of the Site and any hyperlinks and access to such hyperlinked websites are entirely at your own risk.
You acknowledge that Uber has no control over and excludes all liability for any material on the Internet which can be accessed by using the Site. Neither can we be deemed to have endorsed the content.
(6) Hyperlinks from Third Party Websites
You agree that caching, hyperlinking to, and framing of the Site or any of the contents are strictly prohibited.
Uber reserves all rights to disable any links to, or frames of any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.
You agree to indemnify, defend and hold harmless Uber and its related and affiliated corporations (collectively, "Related Corporations" and each a "Related Corporation"), Uber's and each Related Corporation's directors, officers, employees, suppliers, licensors, agents, and any third party content providers (collectively, "Indemnified Parties" and each an "Indemnified Party"), from and against any losses, damages, claims, costs, expenses, demands, and actions, due to or arising out of your use of the Site, your access or connection to the Site, your violation of these Terms, or your violation of any rights of another. Your liability under this clause shall be reduced proportionately if, and to the extent that, Uber directly caused or directly contributed to any such losses. These obligations will survive any termination of your relationship with Uber or your use of the Site. Each Indemnified Party reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with Uber or the Indemnified Party in asserting any available defenses.
(8) Disclaimer of Warranties
You expressly understand and agree that:
You assume total responsibility and risk for your use of the Site and the Internet. Uber does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site, any merchandise, products, information or services provided through or advertised on the Site or on the Internet generally, and Uber shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. The Site and any software made available on the Site are provided on an "as is, as available" basis.
Uber makes no warranty that
(i) the Site will meet your requirements or will always be accessible,
(ii) the Site will be uninterrupted, timely, secure, error-free or free from computer virus or other invasive or damaging code,
(iii) the results that may be obtained from the use of the Site will be accurate or reliable,
(iv) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations, and
(v) any errors in the Site will be corrected.
Any content downloaded, uploaded or otherwise obtained through the use of the Site is done at your own discretion and risk. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the Internet generally.
Uber shall, in no way, be deemed to be endorsing any products or services set forth in the Site offered by the third party suppliers of good and services detailed on the Site (“Momentum Programme Partners”) nor shall Uber be deemed to be making any express or implied warranties and representations about the products and services provided by Momentum Programme Partners. Any products and services provided by Momentum Programme Partners to you shall be subject to a contract solely between you and the relevant Momentum Programme Partner only.
(9) Limitation of Liability
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 7 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW.
Uber does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the Site or other contents accessible from the Site. In no event shall Uber be liable for any incidental, consequential, direct, indirect or any losses or damages whatsoever (including, but not limited to, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings, or business interruption, or any other loss, whether in an action of contract, negligence or other tortious action), arising out of or in connection with the use of or inability to use the Site, delays, inaccuracies or errors in the information or in the transmission of the Site, or any information or transactions provided on or over the Site or downloaded or hyperlinked from the Site, or performance of the contents on this Site, even if Uber has been advised of the possibility of such damages.
If you are dissatisfied with any portion of the Site, or with any of the Terms, your sole and exclusive remedy is to discontinue using the Site.
Discounted products and services displayed on this website are for information purposes only and do not constitute advice.
Discounted products and services offered on the Site are subject to change at any time and without notice. Uber does not guarantee that any discounted services displayed on the Site are available or valid at any particular time and under no circumstances shall Uber be liable for the failure of any third party discounted services as displayed on this website being applied. Availability and validity is at the discretion of the third party offering the discounted services and subject to any terms referenced by such third party. Uber reserves in all cases the right to remove or vary the discounted services. Links to third party websites are not the responsibility of Uber and Uber accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not endorse or accept any responsibility for the use of the products or services stated within such third party websites.
(10) Intellectual Property Rights
Content (including, but not limited to, information, communications, software, images and sounds contained on or available through the Site) is provided by Uber and Momentum Programme Partners. The intellectual property rights to or over the contents contained in each Site belong to Uber or the Momentum Programme Partners. All rights are reserved. The contents of the Site cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written permission of Uber. Without prejudice to the foregoing, you agree that the material and content contained within or available through the Site may not be used for commercial purposes or distributed commercially. However, you may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others within your organisation to material posted on the Site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Your access to or use of the Site should not be construed as granting, by implication, estoppel or otherwise, any license or right to use the trademarks, tradenames, logos or service marks appearing on the Site without Uber’s prior written consent. You may not, without Uber’s prior written consent, use any of such trademarks, tradenames, logos or service marks as a hyperlink to the Site or any other website.
You may not modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operate the Site or create derivative works based on the Site. For purposes of these Terms, "reverse engineering" shall include the examination or analysis of the Site to determine the source code, structure, organization, internal design, algorithms or encryption devices of the Site’s underlying technology.
Your access to or use of the Site, as well as these Terms shall be governed by, and construed in accordance with the laws of New South Wales You hereby consent to the exclusive jurisdiction and venue in New South Wales, which shall have exclusive jurisdiction to determine all disputes surrounding these Terms.
Uber’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
If any part of these Terms is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
These Terms are for the benefit of Uber and its directors, officers, employees, suppliers, licensors, agents, and any third party content providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Nothing in these Terms limits or excludes (nor is intended to limit or exclude) any statutory rights that you may have under applicable law that cannot be lawfully limited or excluded.
Uber is committed to ensuring that all content made available via this site is appropriate for our customers and not offensive.
If you have any concerns over the content available on this website, please contact us at help.uber.com. We will endeavour to investigate all matters brought to our attention.
Last updated: 1 December 2017