Drive Pass Terms and Conditions (India)

PARTIES

These Drive Pass Terms (“Pass Terms”) constitute a legal agreement between you, an individual (“you”) and Uber India Systems Private Limited, a private limited company incorporated under the laws of India, having corporate identity number U74120MH2013FTC247008 and having its registered office at Regus Business Platinum Centre Pvt. Ltd., Level 13 Platinum Techno Park, Plot No.17/18, Sec-30A, Vashi, Thane, Navi Mumbai, Maharashtra, India, 400705 (“Uber”).

1. ENTERING INTO AN AGREEMENT
   
2. These Pass Terms apply to you from the date that your Drive Pass is purchased or automatically activated on your account, whichever comes first. A Drive Pass enables you to receive requests for transportation services from Users as further explained in Section 2 below (hereinafter referred to as the “Pass” or “Drive Pass”).
   
3. Each time you purchase a Pass and it is issued to you by Uber, or is automatically activated on your account, you expressly acknowledge that:
   
   1. you have read and understood these Pass Terms as well as any other specific terms, which may include important details and restrictions, including, but not limited to, where and when such Pass may be used, the cost or Rate, of Pass, Pass Benefits, and the duration or validity of the Pass (the “Validity”); and
      
   2. you agree to be bound by these Pass Terms and any other additional terms specified on your Pass in the Driver App or notified to you by Uber.
      
4. These Pass Terms are expressly incorporated into and made a part of the Uber Driver Terms, Privacy Notice, and Uber's Community Guidelines (collectively, “Uber Terms”). In the event of any conflict between these Pass Terms and the Uber Terms, these Pass Terms shall prevail as applied to the subject matter herein. Subject to the foregoing, undefined, capitalized terms in these Pass Terms will have the meaning set forth in the Uber Terms.
   
5. These Pass Terms and any supplemental or additional terms which Uber may provide from time to time, are the entire agreement between you and Uber in respect of Drive Pass.
   

2. How Drive Pass Works.

Drive Pass is a subscription-based service provided by Uber that entitles you to receive and accept unlimited trips during the Validity of the Pass.

A Drive Pass is required in order to receive and accept requests for Transportation Services from Users. Depending on your Territory and Vehicle, Drive Passes may either be prepaid or automatically activated when you go online and accept a trip request while your previous Pass has expired or is inactive. If your Drive Pass has expired or is inactive and you accept and complete a trip request, a Drive Pass will automatically be activated on your account, and the applicable fee will be deducted from your wallet upon completion of the trip. You will be notified in the Driver App when this applies. By accepting a request for Transportation Services in such circumstances, you agree to the automatic purchase and activation of the Drive Pass and the corresponding fee being charged to your account.

If available, you may have the option to select different types of Drive Passes (for example, Passes with different time-based and/or earnings-based Validity) as the default Pass that will be automatically activated on your account. You may also change your preferred Pass type for future activations at any time through the Driver App, where such functionality is supported. For the avoidance of doubt, you may not purchase or hold multiple active Drive Passes simultaneously.

The Validity of a Drive Pass may be determined: (a) solely by time, during which you can take unlimited trips (for example, a Pass may be valid for 24 hours, during which you may take any number of trips you desire); (b) by a maximum earnings limit within a specified time period (for example, a Pass may be valid until you earn INR 500 within the applicable period); or (c) by a combination of time and earnings limits. Depending on your Territory and Vehicle, different versions of Passes may be available. Once a Pass has been purchased or activated, its Validity will run continuously and cannot be paused, suspended, or terminated before expiry.

Except where required by law, Drive Pass is non-refundable.

3. Rate of Drive Pass.

The cost of a Pass will depend on the Validity (the “Rate”) and will be presented to you in the Driver App.

4. Changes to your Drive Pass.

Subject to applicable law, Uber reserves the right to modify or stop offering the Pass, or to change Pass Benefits, Validity and/or Rates, at any time in its sole discretion. If the Rates increase, or your Pass Benefits materially change, we will honor your existing Pass until its Validity runs out.

We may terminate your Pass at our discretion without notice. Where you are entitled to a refund in accordance with applicable law, please contact customer service using the Driver App. We will not give any refund for termination related to your conduct that we determine, in our sole discretion, violates these Pass Terms, the Uber Terms, any applicable law, or involves fraud or misuse of the Pass(s).

5. Benefits and Combining Promotions.

Notwithstanding the terms and conditions of other promotions offered through Pass, Uber in its sole discretion may permit or offer other benefits, which it may also allow to be combined with other promotions, subject to applicable law (the “Pass Benefits”).

6. Free Trial.

Uber and/or third parties on behalf of Uber may offer some Users a free trial or other promotional entitlement to Drive Pass. Such trial or promotional entitlement is subject to these Pass Terms except as otherwise stated in the offer. Only one trial or promotional entitlement is available per user. Free trial eligibility is determined by Uber at its sole discretion and Uber may limit such eligibility or duration to prevent fraud or abuse. Certain limitations may exist with respect to combining a free trial with any other offers.

7. Drive Pass and Applicability Across Services

(a) Applicability of Other Agreements. If you are registered with Uber to provide both Transportation Services in Uber Bike category under the Uber Driver Terms and delivery services under the Platform Access Agreement for Uber Courier, your engagement for each service type shall be governed by the respective applicable terms:

(i) Transportation Services under Uber Bike category shall be governed by the Uber Driver Terms, and

(ii) Delivery services shall be governed by the Platform Access Agreement for Uber Courier.

Both agreements shall apply concurrently, to the extent relevant to the services you perform.

(b) Drive Pass Usage Across Services. If you have purchased a Drive Pass from Uber under these Pass Terms, where the Validity of Pass is determined by a maximum earnings threshold within a specified period (for example, where the Pass remains valid until you earn INR 500 within the applicable period), you acknowledge and agree that:

(i) The earnings you receive from providing delivery services under the Platform Access Agreement for Uber Courier shall be aggregated with your earnings from Uber Bike for the purpose of determining when the maximum earnings threshold under these Pass Terms has been reached; and

(ii) Once the applicable earnings threshold or Validity under these Pass Terms is reached, the Drive Pass shall expire or renew in accordance with these Pass Terms.

These provisions will apply only in Territories where such aggregation is applicable. You will be informed through communications or in-app content displayed on the Driver App if this feature applies in your Territory.

By continuing to provide services under both the Uber Driver Terms and the Platform Access Agreement for Uber Courier, you expressly acknowledge and consent to Uber aggregating your earnings from both service types for the purpose of calculating the earnings limit and Validity of any Drive Pass purchased by you under this Agreement.

8. Changes to these Pass Terms.

Uber reserves the right to modify these Pass Terms. If we make material changes while you have an active Pass, we will notify you either in the Driver App and/or via email. Revised Pass Terms become effective upon notification to you and any use of the Pass thereafter constitutes your acceptance of the revised terms.

9. Transfer of Rights.

Uber’s rights and obligations under the Pass Terms may be assigned or transferred by Uber to any other related or unrelated entity at any time, and performances shall be the responsibility of that entity.

10. Disclaimer.

All interpretations of these Pass Terms will be at Uber's sole discretion and Uber's decisions will be final.

Pass and/or any of its features may be unavailable, inaccurate or interrupted from time to time for a variety of reasons. We are not responsible for any unavailability, interruptions or errors of the Pass program or its features that are outside of Uber’s reasonable control. Uber may from time to time request information from you to confirm your identity. Uber may delay your access to Pass until you comply with this information request. Pass and all the information accessible through it are provided for information purposes only on an "as is" and "as available" basis. We, our information providers and their agents make no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, completeness, or the operation of Pass, the information, materials, content, availability, and products. Pass and these Pass Terms are provided by Uber and do not modify the contractual relationships among or between the individuals and entities that could be used to offer our services and Uber, except as expressly set forth herein. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, as well as liability for delays, lost profit, or property damage.

11. Contact Us.

If you have questions or comments regarding Drive Pass or Pass Terms, you may contact us through the Help section in the Driver App.