Uber Cash Purchase Agreement
By purchasing and/or using Uber Cash, you accept the following terms and conditions:
This Uber Cash Purchase Agreement ("Agreement") is between and among Uber Technologies, Inc. (“Uber”), the purchaser and/or redeemer of Uber Cash (“you”), and, depending upon the state where the Uber Cash (as defined herein) are purchased (as described below, either The Bancorp Bank or Bancorp Card Services, Inc. (“Bancorp”).
"Uber Cash" means: (i) a load amount value in the form of an Uber Gift Card (“Gift Card”) issued directly to you by Bancorp, and (ii) in some but not necessarily all cases, supplemental or “bonus” value provided to you as a promotion by Uber. The Bancorp-issued portion of Uber Cash is subject to the following full terms and conditions of the Uber Gift Card.
You may be required to add a secondary payment method to use Uber Cash with the Uber app or UberEATS app. Uber Cash will be set as your default payment method. If you wish to use another payment method, go to the ‘Payment’ section in the Uber app and select the payment method before the Uber service is provided.
The Bancorp-issued Gift Card cannot be reloaded with additional funds after purchase. No fees apply to the Bancorp-issued portion of purchased Uber Cash, and Bancorp-issued load value never expires.
Depending upon where the Bancorp-issued portion of Uber Cash is purchased, the Bancorp-issued portion of Uber Cash is issued either by 1) The Bancorp Bank, a Delaware state banking corporation; or 2) Bancorp Card Services, Inc., a South Dakota corporation. The Bancorp Bank shall be the issuer of the Bancorp-issued portion of Uber Cash purchased in the following states: Alaska, Connecticut, the District of Columbia, Georgia, Idaho, Kansas, Maine, New Jersey, North Dakota, Puerto Rico, South Carolina, Vermont and Wyoming. Bancorp Card Services, Inc. shall be the issuer of the Bancorp-issued portion of Uber Cash purchased in any other state. If the state of purchase cannot be determined from our records, The Bancorp Bank shall be the issuer in such instance.
Uber offers the opportunity to auto-refill your Uber Cash. You may opt to have your payment method automatically charged whenever your Uber Cash balance is running low. With auto-refill your card will be charged the amount you selected every time your Uber Cash drops below $10. You’ll continue to get a bonus issued by Uber, provided that Uber reserves the right to modify at its sole discretion the amount of supplemental or "bonus" value portion of Uber Cash provided to you as a promotion by Uber at each auto-refill, or expire Uber Cash, subject to applicable law and provided that a lowering of the amount of promotional value you receive upon auto-refill will be accompanied by notice to you and an opportunity to turn off the auto-refill feature. Purchases of Uber Cash via auto-refill, and associated charges to your payment method, are not refundable or revocable except where required by law. You can choose to turn off the auto-refill feature any time before the next charge from the app menu, but the auto-refill charge amount you selected will continue unless and until you elect to turn them off.
No portion of Uber Cash is refundable, returnable, or redeemable for cash except where required by law. Neither Bancorp nor Uber are responsible for unauthorized use of Uber Cash. Bancorp and Uber each reserve the right to suspend or void their respective portions of Uber Cash if either Bancorp or Uber suspects that the Uber Cash was obtained or used fraudulently, unlawfully, or otherwise in violation of this Agreement.
Uber may modify any of this Agreement’s terms and conditions at any time, with or without notice to you, subject to applicable law. Bancorp may also modify the terms and conditions of the underlying Gift Card at any time, with or without notice to you, subject to applicable law. The most current Agreement shall be available at uber.com/legal/gift, and will supersede all previous versions of the Agreement. The most current Agreement shall be effective upon Uber’s posting of such modified Agreement. Your use of any portion of Uber Cash after such posting constitutes your acceptance of the modified Agreement. If any term of this Agreement is deemed to be invalid, void or for any reason unenforceable, such term shall be deemed severable and will not affect the validity and enforceability of any remaining terms of this Agreement. For customer service, please visit uber.com/legal/gift.
Any claim, dispute, or controversy ("Claim") arising out of or relating in any way to: i) this Agreement; ii) any portion of Uber Cash; iii) your acquisition of Uber Cash; iv) your redemption of Uber Cash for use, or attempted use, within the Uber or UberEATS app as applicable; v) the amount of available funds in Uber Cash; or vi) advertisements, promotions or oral or written statements related to Uber Cash; no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).
Bancorp, or Uber as applicable in the case of promotional credit, will pay the initial filing fee to commence arbitration and any arbitration hearing that you attend shall take place in the federal judicial district of your residence.
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.
For a copy of the procedures, to file a Claim or for other information about this organization, contact it at: AAA, 335 Madison Avenue, New York, NY 10017, or at www.adr.org.
All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
This arbitration provision shall survive: (i) the termination of this Agreement; (ii) the bankruptcy of any party; or (iii) any transfer, sale or assignment of Uber Cash or the underlying Gift Card, or any amounts owed in Uber Cash or the underlying Gift Card, to any other person or entity. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.
IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION PROVISION, DO NOT REDEEM OR USE YOUR UBER CASH. SAVE YOUR RECEIPT AND CALL 1-888-285-9073 TO REQUEST A REFUND OF YOUR UBER CASH PURCHASE AND CANCEL THE UNDERLYING GIFT CARD.