Membership Terms - Bangladesh

1. GENERAL

These terms and conditions govern your purchase and use of a paid renewable membership service (“Renewable Membership”) providing you access to certain benefits on the Uber app (the “Uber Platform”). The Renewable Membership is provided to you by Uber Bangladesh Limited (“Uber”, “we” or “our”). The Renewable Membership Terms and Conditions - Bangladesh (“Renewable Membership Terms”) govern your purchase and use of your Renewable Membership.

Agreement to Renewable Membership Terms

By purchasing a Renewable Membership, you agree to these Renewable Membership Terms, as well as any additional terms specified in the offer you received through the Uber Platform or otherwise offered to you by Uber in writing (your “Offer”). Your Offer includes important details and restrictions, including where and when a Renewable Membership may be used, the Recurring Payment and Renewable Membership Benefits (both terms defined below), the recurring billing interval (“Billing Cycle”) and billing date (“Your Billing Day). Please read your Offer carefully before purchasing a Renewable Membership. Your Offer may be varied from time to time in accordance with these Renewable Membership Terms.

Scope of these Membership Terms

These Renewable Membership Terms govern your use of your Renewable Membership and do not govern your use of the Uber Platform. Uber provides the Renewable Membership, including the Renewable Membership Benefits, in relation to services that you have separately procured from Uber’s affiliates or Third Party Providers in connection with your use of the Uber Platform. Uber does not provide or sell transportation services, Uber Services, or items provided by Third Party Providers (“Items”).

Other terms that apply in connection with your use of the Uber Platform are available at https://www.uber.com/legal/ and include the Uber General Terms of Use (“Uber Terms”). Other supplemental or third party terms may also apply to your use of the Uber Platform and certain Renewable Membership Benefits from time to time.

Undefined, capitalised terms in these Renewable Membership Terms will have the meaning set forth in the Uber Terms.

For clarity: transportation services will be provided to you by Third Party Providers pursuant to the Uber Terms; Uber Services will be provided to you by Uber pursuant to the Uber Terms; and Items will be sold to you by Third Party Providers pursuant to the Uber Terms.

2. YOUR RENEWABLE MEMBERSHIP

Renewable Membership Benefits

Your Renewable Membership entitles you to certain benefits for the duration of your Renewable Membership (“Renewable Membership Benefits”). The details for your Renewable Membership Benefits (and any applicable limitations) will be set out in: (a) your Offer, as stated to you when you sign up for your Renewable Membership or amended in accordance with Section 4 of these Renewable Membership Terms; or (b) an email or the Uber Platform, when they are temporary or additional benefits. Uber may choose to offer more than one type of Renewable Membership. Renewable Membership Benefits may differ based on the type of Renewable Membership selected by you in your Offer.

Renewable Membership Benefits may include savings, discounts and other benefits in relation to services purchased through the Uber Platform in Bangladesh, as well as other benefits offered by third parties to you in connection with your Renewable Membership from time to time. Such third party benefits may be limited, are subject to terms and conditions of such third party and may be cancelled at Uber’s sole discretion. You may also receive additional savings, discounts or other benefits that are personalised for you, from time to time.

Duration of Membership Benefits

The duration of your entitlement to the Renewable Membership Benefits will be specified in your Offer and will align with your Membership Period. Your entitlement to the Renewable Membership Benefits will automatically end at the end of your Billing Cycle in accordance with Section 3, unless you cancel your Renewable Membership in accordance with Section 6. Uber may cancel, suspend or otherwise restrict your entitlement to the Renewable Membership Benefits in accordance with Section 5.

Renewable Membership Limitations

Renewable Membership Benefits: (a) do not cover optional gratuities; (b) are subject to Third Party Provider’s acceptance of requests for transport services in your geographic area; and (c) may not be useable with all services on the Uber Platform.

Non-transferable: The Renewable Membership granted under these Terms is personal to you and may not be shared, transferred, sold, or otherwise provided to any other individual, including but not limited to family members, friends, or colleagues. Uber reserves the right, at its sole discretion, to cancel your Renewable Membership on account of a violation hereunder.

Other limitations to Renewable Membership Benefits will be clearly described in your Offer, as stated to you when you sign up for a Renewable Membership, when the Renewable Membership Benefits are changed under Section 4, or when an additional or temporary benefit is notified to you by email or in the Uber Platform.

​​Geographic Scope of Promotions

Renewable Membership Benefits are limited to the country in which you purchase your Renewable Membership. If you travel outside of that country, your Renewable Membership Benefits will not apply (unless otherwise stated).

Combining Benefits

Notwithstanding the terms and conditions of other benefits offered in connection with your Renewable Membership, Uber may permit Renewable Membership Benefits to be combined with other benefits as long as such benefits do not conflict or overlap with Renewable Membership Benefits (“Other Benefits”). You should refer to the terms and conditions that apply to such Other Benefits. To the extent Uber has permitted Renewable Membership Benefits to combine with Other Benefits: (a) Other Benefits may be applied after your Renewable Membership Benefits have been applied; and (b) you can view additional savings on transportation services prior to confirming a request to book a trip.

Savings or discounts received through Renewable Membership Benefits may also be itemised in your trip receipts respectively for your individual purchases placed through the Uber Platform.

Queued Offers

If you’re currently using an offer that applies to your Uber One membership, your next queued offer (if available) will start when your current offer ends, as long as your membership has not been terminated or canceled. See app for available offers, details, fees, and terms.

Uber One Credits

Uber may offer Uber One credits as part of any promotion or appeasement during the term of your Renewable Membership. Uber One credits may be provided or gifted to you by Uber or any other third party and issued by Uber as a gesture of goodwill. Uber One credit is non-refundable, non-transferable, and non-redeemable for cash or to an alternative payment method and will be subject to the expiration date set out in any specific terms and conditions provided by Uber and communicated to you by Uber via the Uber App, website or, if applicable, on any physical or digital material. Any Uber One credits earned in connection with your Renewable Membership shall be calculated as a percentage of the final fare as it appears in your itemised receipt (and not on any upfront fare/price), excluding any surcharges and other fees (as determined by Uber in its sole discretion). In addition, when Uber One credits are used, in whole or part, as payment for an eligible ride, Uber One credits will apply as a discount to the price before the application of any promotions, and will not be earned on the portion that is covered by Uber One credits. Uber One credits earned on a particular trip cannot be used as payment on the same trip. Uber Cash is governed by the Uber Cash Terms of Use.

Family sharing

Family sharing is available to eligible paying account holders (the “Primary Member”) with a paid monthly or annual Renewable Membership and may not be available in all locations. Some plan types are ineligible, including but not limited to, preview, student plan, free or extended trials, partner offers, and Uber for Business memberships. A Primary Member may invite an adult under family sharing in account settings (if eligible and applicable, the “Secondary Member”). Both accounts must be in the same country where the Renewable Membership was purchased by the Primary Member.

The Secondary Member may receive Renewable Membership Benefits (as stated here: https://www.uber.com/bd/en/uber-one/) shared by the Primary Member when available. Partner perks, third-party benefits, limited-time or promotional offers, and certain merchant promotions are only available to the Primary Member, unless Uber states otherwise. Uber may, at its discretion, exclude a Secondary Member from promotional offers or product experiments, and benefit eligibility may differ or change at any time.

A Primary Member may link one (1) Secondary Member at a time and may change the selected Secondary Member no more than once per calendar year. The Secondary Member will lose any shared benefits immediately upon being removed by the Primary Member. Uber may, but is not required to, reset this annual limit if the Primary Member’s Renewable Membership lapses and is later reactivated. Access to shared benefits follows the Primary Member’s status. If the Primary Member’s Renewable Membership is paused, canceled, suspended, or terminated, Secondary Members lose access at the same time without separate notice or refund. Family sharing is intended for members of the same household, and Uber may remove or restrict access if misuse, fraud, or ineligibility is detected as determined by Uber in its sole discretion.

The extension of Renewable Membership Benefits to the Secondary Member is subject to the Uber Terms. Uber may send service or transactional messages to both the Primary Member and Secondary Member about family sharing.

3. CHARGES

Recurring Payments

When you purchase or subscribe to a Renewable Membership, you agree to pay Uber a recurring payment stated in your offer when you sign-up for your Renewable Membership (as changed from time to time in accordance with Section 4 of these Renewable Membership Terms) (“Recurring Payment”). You are responsible for paying all Recurring Payments incurred under your Account. The applicable Recurring Payment is in Bangladeshi Taka and inclusive of applicable taxes. Your Renewable Membership Period commences on Your Payment Date and expires at the same time on the same date of the following month.

Uber Vouchers, Uber Cash, Uber One Credits and Gift Cards are not accepted as payment methods for your Renewable Membership.

Neither Uber nor its affiliates are responsible for any fees charged by the provider of your payment method including, but not limited to, overdraft fees, insufficient funds fees, interest charges, foreign exchange fees, cross border fees, or other fees levied by the provider of your payment method (each a “Payment Provider Fee”).

Free trial offers

Uber, or third parties on behalf of Uber, may offer you a free trial or other promotional entitlement to a Renewable Membership. Such trial or promotional entitlement is subject to: (a) these Renewable Membership Terms except as otherwise stated in the Offer; and (b) any additional terms advised to you by Uber or a third party in connection with a free trial. Free trial eligibility is determined by Uber and Uber may limit such eligibility or duration to prevent free trial abuse. Certain limitations may be advised to you with respect to combining a free trial of the Renewable Membership with any other offers.

Cash Payment of Renewable Membership Fees

Renewable Membership fees paid using physical cash will be processed only when you complete your next ride with Uber, and such payment must be made within 14 days of the Renewable Membership purchase. Your Renewable Membership status will remain in a "pending" state until the fee is paid directly to the driver partner at the conclusion of your first trip after purchasing the Renewable Membership. Your Renewable Membership will commence on the date of cash payment, and Renewable Membership benefits will apply to the ride on which it is paid, and future rides.

If you do not cancel the Renewable Membership prior to the end of the trip, the Renewable Membership fee will be added to the total trip fare, and the fee must be paid in physical cash only. If your Renewable Membership is in a pending payment state via physical cash, you will automatically be required to pay for both your ride and Renewable Membership fee in physical cash.

If, while your Renewable Membership is in a pending payment state via physical cash, you place a ride using a payment method other than physical cash, your Renewable Membership will be automatically canceled at the conclusion of that ride.

4. CHANGES TO YOUR RENEWABLE MEMBERSHIP

Changes to Renewable Membership Terms and Renewable Membership Benefits

Uber may amend these Renewable Membership Terms or the Renewable Membership Benefits from time to time. Uber will provide you with 7 days’ written notice in the event of a material change to these Renewable Membership Terms or the Renewable Membership Benefits that detrimentally affects your rights under these Renewable Membership Terms. Amendments will be effective upon posting of such updated Renewable Membership Terms at this location, or such date specified in the written notice (as the case may be). Your continued use of your Renewable Membership after such posting or the expiry of the notice period (whichever is later), constitutes your consent to be bound by the amended Renewable Membership Terms or Renewable Membership Benefits (as applicable).

5. UBER’S RIGHTS TO CANCEL, SUSPEND OR RESTRICT YOUR RENEWABLE MEMBERSHIP

(a) Uber may restrict you from accessing or using your Renewable Membership, in whole or in part, immediately, without notice, in circumstances where Uber reasonably suspects that:

(i) you have, or are likely to, breach these Renewable Membership Terms, the Uber Terms, the Community Guidelines, and/or any applicable law;

(ii) you have engaged in fraudulent activity in relation to, or otherwise misused, your Renewable Membership.

(b) Uber may terminate these Renewable Membership Terms with respect to you, cancel your Renewable Membership, or generally cease offering or deny access to the Renewable Membership (in whole or in part):

(i) immediately, where Uber reasonably suspects that: (A) you have, or are likely to, breach these Renewable Membership Terms, the Uber Terms, the Community Guidelines, and/or any applicable law; (B) you have engaged in fraudulent activity in relation to, or otherwise misused, your Membership; and/or (C) the Uber Terms are terminated with respect to you; or

(ii) on 30 days’ written notice to you where Uber, acting reasonably, terminates these Renewable Membership Terms for any legitimate business, legal or regulatory reason.

If Uber terminates these Renewable Membership Terms or generally ceases to offer the Renewable Membership pursuant to Section 5(b)(ii), Uber or an affiliate of Uber will process a pro-rated refund to you based on charges already applied for the current Renewable Membership Period. To the extent feasible, Uber shall attempt to process the refund to the original payment source. For clarity, subject to the Bangladeshi Consumer Law, Uber and its affiliates will not process any refund if these Renewable Membership Terms are terminated pursuant to Section 5(b)(i).

(c) Without limiting any other termination rights, Uber may terminate your Renewable Membership effective at the end of your then current Renewable Membership Period by providing you notice of such termination. If that happens, you will have access to your Renewable Membership Benefits until the end of your then-current Renewable Membership Period.

6. CANCELLING YOUR RENEWABLE MEMBERSHIP

You may cancel Uber One within the Uber App at any time in the Uber One section in the navigation menu of your Uber app. Select “Manage membership” and then select “End membership”. If you cancel within 48 hours prior to your renewal day and your payment for the next Billing Cycle has already been processed, Uber will issue an automatic refund for that payment. The timing of the refund depends on your payment method provider. You may also cancel your Renewable Membership at any time by contacting Uber support at http://help.uber.com.

Subject to your rights under consumer laws, your Recurring Payment will not be refundable. Nothing in these Renewable Membership Terms or this section is intended to limit your rights as a consumer, including your entitlement to a refund or other applicable remedies, under the Bangladeshi Consumer Law.

7. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY

LIMITATION SUBJECT TO LOCAL CONSUMER LAW

This Section 7 does not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law, including any of the non-excludable requirements of the Bangladeshi Consumer Law.

APPLICATION TO UBER AND ITS AFFILIATES

The limitations in this Section 7 apply to the liability of Uber and its affiliates under these Renewable Membership Terms, including in relation to the Renewable Membership and any of the Renewable Membership Benefits. Neither Uber nor any of its affiliates will be responsible or liable under or in connection with these Renewable Membership Terms for any transportation services, Uber Services, or Items. However, an Uber affiliate may be liable to you in accordance with the Uber Terms for the Uber Services.

LIABILITY

DISCLAIMER

The Renewable Membership and Services 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 the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Uber 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 Renewable Membership or services, or that the services will be uninterrupted or error-free. Uber does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

LIMITATION OF LIABILITY

UBER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE RENEWABLE MEMBERSHIP or SERVICES, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE RENEWABLE MEMBERSHIP OR SERVICES OR YOUR INABILITY TO ACCESS OR USE THE RENEWABLE MEMBERSHIP OR SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND UBER’S REASONABLE CONTROL. IN NO EVENT SHALL UBER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE RENEWABLE MEMBERSHIP OR SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE TOTAL AGGREGATE PAYMENT ACTUALLY RECEIVED FROM YOU IN THE MONTH PRECEDING THE DATE OF SUCH CLAIM.

INDEMNITY

You agree to indemnify and hold Uber, its affiliates, their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Renewable Membership or Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, including Third Party Providers.

8. GOVERNING LAW; DISPUTE RESOLUTION

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Bangladesh. Any dispute, conflict, or controversy, in any manner whatsoever arising out of or broadly in connection with or relating to these Terms, including their validity, interpretation, performance, or termination (“Dispute”), shall first be attempted to be resolved amicably through good faith negotiations between the parties. If the Dispute is not resolved within thirty (30) days of written notice by one party to the other, the parties agree to submit the Dispute to mediation, administered by an independent mediator mutually appointed by the parties. The mediation shall be conducted in Dhaka, Bangladesh, in the English language, and shall be concluded within thirty (30) days of the appointment of the mediator. If the Dispute remains unresolved after such mediation, it shall be finally resolved through arbitration in accordance with the Arbitration Act, 2001 of Bangladesh. The arbitration shall be conducted by a sole arbitrator appointed by mutual agreement of the parties, failing which the appointment shall be made in accordance with the said Act. The seat and venue of arbitration shall be Dhaka, Bangladesh, and the language shall be English. The arbitration proceedings, including all documents and communications, shall be kept strictly confidential, unless disclosure is required by law or for enforcement of the arbitral award..

9. OTHER PROVISIONS

Privacy

Our collection and use of personal information in connection with your Renewable Membership is as provided in the Uber group’s privacy notice located at https://www.uber.com/legal/.

Notice

We may give notice by means of a general notice on the Uber application or website, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account.

General

You may not assign or transfer these Renewable Membership 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 Renewable Membership Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Uber’s (or its affiliate’s) equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Uber or of its affiliates as a result of the contract between you and Uber or use of the Membership.

If any provision of these Renewable Membership 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 Renewable Membership Terms but the legality, validity and enforceability of the other provisions in these Renewable Membership 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 Renewable Membership Terms. These Renewable Membership 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, including the Bangladeshi Consumer Law. In these Renewable Membership Terms, the words “including” and “include” mean “including, but not limited to”.