Uber Gift Card Terms of Use | New Zealand

These Uber Gift Card terms of use (“Gift Card Terms”) constitute a legally binding agreement between you as a User and Portier New Zealand Limited (“we”, “us”, or “our”), as the issuer of the Gift Cards (each as defined below).

1. Gift Card Terms & General Terms

1.1 By purchasing and/or using a Gift Card, you confirm that you have understood and agreed to these Gift Card Terms.

1.2 These Gift Card Terms:

a. supersede any prior terms or agreements with you in respect of any Gift Cards; and

b. only relate to the activation and redemption of Gift Cards, and use of Gift Card Balance as a Payment Method, and do not apply to alternative Payment Methods or the goods or services purchased with Gift Card Balance.

1.3 You can download a digital copy of these Gift Card Terms from the Uber website (uber.com/legal) at any time.

1.4 The provisions of the General Terms also apply to your use of the Gift Cards. In the event of a conflict between these Gift Card Terms and the General Terms regarding the Gift Cards, these Gift Card Terms prevail.

2. Definitions

All capitalized terms in these Gift Card Terms have the meaning set forth in the General Terms, unless otherwise defined in these Gift Card Terms.

2.1 “Activate”, “activated”, and “activation”, in relation to a Gift Card, has the meaning set forth in section 3.1.

2.2 “General Terms” means the terms and conditions applicable to your use of the services provided by Uber in the Territory, as amended or restated from time to time.

2.3 “Gift Card” means a gift card issued by Portier New Zealand Ltd., which is subject to these Gift Card Terms.

2.4 “Gift Card Balance” has the meaning set out in section 3.2.

2.5 “Gift Card Terms” means these Uber Gift Card terms of use, as amended or restated from time to time.

2.6 “Payment Method” means a method of payment within your Uber account for Transactions within the Territory.

2.7 “Redeem”, “redeemed”, and “redemption”, in relation to a Gift Card, means the act(s) performed by a User to convert the value represented by the Gift Card to Gift Card Balance.

2.8 “Territory” means New Zealand.

2.9 “Third Party Provider” has the meaning in the General Terms.

2.10 “Transaction” means the purchase of goods or services offered by a Third Party Provider or of Uber Provided Services via Uber’s mobile applications and/or website.

2.11 “Uber” means Uber Technologies, Inc. and/or its affiliates, as applicable.

2.12 “Uber Cash Terms of Use” means the terms governing the use of Uber Cash, as amended or restated from time to time.

2.13 “Uber Provided Services” means delivery services provided directly to you for Transactions made via the Uber Eats app, and any other services provided by Uber via its mobile applications and/or website.

2.14 “User” or “you” means you as the individual who has purchased a Gift Card or to whom a Gift Card has been given or otherwise transferred.

2.15 “Wallet” means the digital wallet linked to your Uber account in which your Gift Card Balance is displayed.

3. Using the Gift Cards

3.1 Activation and transfer. A Gift Card is “activated” when it is purchased. Once a Gift Card has been activated, it may be transferred to any other person before it is redeemed. For a physical Gift Card, this is done by physically giving it to the recipient. For a digital Gift Card, this may be sent to the recipient at the point of purchase.

3.2 Redemption. To use a Gift Card, you must first redeem it in the Uber app or Uber Eats app. You must have an active and valid Uber account to redeem the Gift Card.

Please follow these steps to redeem the Gift Card in the Uber or Uber Eats app:

1. Go to the “Account” section on the homepage of the Uber or Uber Eats app

2. Tap on “Wallet” or “Payment”

3. Tap on “+ Gift Card”

4. Enter the Gift Card code

5. Tap on “Add”

Alternatively, please follow these steps to redeem the Gift Card in the Uber or Uber Eats app:

1. Go to the Account icon in the Uber or Uber Eats app;

2. Tap on “Wallet” or “Payment”

3. Tap on ‘+ Add payment method’

4. Tap on ‘Gift card’

5. Enter the Gift Card code.

6. Tap on ‘Add’

A Gift Card is “redeemed” after the above steps are completed and the value represented by the Gift Card is reflected as Uber Cash in the Uber app or Uber Eats app (“Gift Card Balance”). The Gift Card Balance may be used by applying it as a Payment Method, in accordance with the Uber Cash Terms of Use.

3.4 Time limit for redemption. A Gift Card must be redeemed within three years from its date of activation. If a Gift Card is not redeemed before such date, the value of such Gift Card will be forfeited.

3.5 No expiry on Gift Card Balance. Once a Gift Card is redeemed, the Gift Card Balance does not expire.

3.6 Non reloadable. A Gift Card is not reloadable.

3.7 Non transferability of Gift Card Balance. Once a Gift Card is redeemed, the Gift Card Balance may not be transferred between Uber accounts.

3.8 Redeeming multiple Gift Cards. If you redeem multiple Gift Cards, the value represented by each Gift Card will be aggregated and reflected as Gift Card Balance.

3.9 Fees. No fees apply to your redemption or use of Gift Cards.

3.10 Purchase and redemption limits. You may not purchase Gift Cards with value exceeding NZD 4,000 at any one time, or in aggregate over several transactions, which Uber (in its sole discretion) deems to be linked or appear to be linked. You may not redeem a Gift Card if doing so results in your Uber Cash balance exceeding the Balance Limit (as defined in the Uber Cash Terms of Use). Uber reserves the right to void any Gift Card or Gift Card Balance, or reject the redemption of any Gift Card, in breach of the above mentioned limits.

3.11 Additional Terms. In addition to these terms and conditions, Gift Cards are subject to any other terms and conditions specified on the card.

4. Use as Payment Method

4.1 Default Payment Method. Gift Card Balance or other Uber Cash balance will automatically be applied to your Transactions as a Payment Method. If you wish to use an alternative Payment Method, you must change your Payment Method via the Uber app or Uber Eats app before making the Transaction.

4.2 Secondary Payment Method. You may be required to add a secondary Payment Method to use the Gift Card Balance, for example, if the Gift Card Balance is not sufficient to cover the price of your Transaction.

4.3 Restrictions on use. The Gift Card Balance may only be used within the Territory in cities where the Uber app and/or Uber Eats app is available, and in accordance with the Uber Cash Terms of Use. The Gift Card Balance may not be used to make a payment on a credit account, or to purchase alcohol or tobacco products or gift cards.

4.4 Limits on transaction spend. Transaction limits may apply to the use of the Gift Card Balance as a Payment Method.

5. Non-refundable, returnable or redeemable

5.1 A Gift Card is not refundable, returnable, or redeemable for cash except where required by law, whether or not it has been redeemed.

5.2 Purchases made with Gift Card Balance are not refundable, except where required by law, including under the Consumer Guarantees Act.

6. Customer Support and Enquiries

6.1 Click here to contact Uber Support for Gift Card enquiries and support.

6.2 You may find your Gift Card Balance in the Uber app or Uber Eats app by following these steps:

1. Go to the “Account” section on the homepage of the Uber or the Uber Eats app

2. Tap on “Wallet” or “Payment”

3. Tap on “Uber Cash”

4. Tap on “View balance breakdown”

7. Assignment and novation

You agree that Uber may novate, sell, transfer or assign the issuance of the Gift Card and/or funds underlying the Gift Card, together with all of its other rights and obligations under these Gift Card Terms, to another issuer, without notice to you unless required by law.

8. Loss of Gift Card

The risk of loss of the Gift Card passes to the Gift Card purchaser at the time of purchase. Uber shall not be responsible for lost, stolen or destroyed Gift Cards, and is not responsible for unauthorised use of the Gift Card. TO THE EXTENT PERMITTED BY LAW, IN THE EVENT THAT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY (AND UBER’S SOLE POTENTIAL LIABILITY) SHALL BE THE REPLACEMENT OF SUCH GIFT CARD, SUBJECT TO ANY ADDITIONAL RIGHTS YOU MAY HAVE UNDER THE CONSUMER GUARANTEES ACT.

9. Fraud

Uber reserves the right to void any Gift Card or Gift Card Balance if it reasonably suspects that the Gift Card was obtained or used fraudulently, unlawfully or otherwise in violation of these Gift Card Terms.

10. Privacy

We collect, use and disclose information from or about you as described in our Privacy Notice (here). Additional privacy notices may apply, including from third party controllers, for Uber Provided Services or Third Party Services, and will be provided to you at the moment such services will be provided to you.

11. Amendments

We may amend these Gift Card Terms at any time. We will provide you with at least thirty (30) days’ prior written notice in the event of a material change to the Gift Card Terms that detrimentally affects your rights under these terms. Amendments will be effective upon posting of such updated Gift Card Terms on the Uber application or Uber website. The most current Gift Card Terms shall be available at this webpage: https://www.uber.com/legal/en/document/?name=uber-gift-cards-terms-of-use&country=new-zealand&lang=en-au, and will supersede all previous versions of these Gift Card Terms. The most current Gift Card Terms shall be effective upon the issuer’s posting of such modified Gift Card terms. Your use of the Gift Card after such posting constitutes your acceptance of the modified Gift Card Terms.

If any term of these Gift Card Terms 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 these Gift Card Terms.

12. Governing law and dispute resolution

There are a number of mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to these Gift Card Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”). We operate a complaints process to allow you to make complaints about us or the Gift Cards, and we also manage refunds to you in relation to those complaints. We will operate this complaints process in a reasonable manner. In addition, you may have rights to make a complaint to fair trading or consumer law bodies in relation to applicable consumer laws.

Except as otherwise set forth in these Gift Card Terms, these Gift Card Terms shall be exclusively governed by and construed in accordance with the laws of the Territory, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. In the event of a Dispute, either party may file an action in the courts of the Territory or pursue final and binding arbitration or other alternative dispute resolution as agreed upon by the parties.

Any proceedings, including documents and briefs submitted by the parties, correspondence from a mediator, and correspondence, order and awards issued by an arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation set out in these Gift Card Terms.