Uber Cash and Underpayments– Terms of Use

Effective date: 13 September 2020

IMPORTANT: Please read these Uber Cash and Underpayments terms of use ("Terms") together with Uber B.V.'s Terms and Conditions (the "General Terms") before accessing or using the Services. Collectively, these terms of use govern your access or use, from within Pakistan (the “Territory”) in respect of the Application (which for the avoidance of doubt includes Uber Cash) and the Services including (but not limited to) the collection, storage, transfer and sharing of personal data, confidentiality, intellectual property ownership, third party interactions and indemnification. If you do not agree to the Terms or the General Terms you should not continue to use the Application or access or use the Services. By continuing to access the Application and use the Services you confirm your agreement to be bound by these Terms.

These terms only relate to the use, reloading and redemption of Uber Cash as a payment method and to underpayments. These Terms do not apply to a Transaction using alternative payment methods which are governed by the General Terms.

1. Definitions

Defined terms, including (but not limited to) "Uber", "Account", "Application", "Services", and "Third-Party Providers" not otherwise defined below will have the same meaning as provided in the General Terms.

“Payment Method” has the meaning set out in Section 4 (Loading Uber Cash) below.

"Transaction" means the purchase of goods or services offered by a Third-Party Provider.

"Uber Cash" means the prepaid balance which is represented electronically, denominated in Pakistani (PK) Rupees and attributed to your Account, and which:

(i) is credited to you by Uber upon collection or receipt of funds;

(ii) may be reloaded with additional value by the User (subject to any limits imposed by Uber or by law and notified to the User from time to time);

(iii) may be applied by a User as a payment method for a Transaction whereby Uber will satisfy and settle the payment obligation to the relevant third-party provider of goods or services up to the Uber Cash credit balance reflected in the User's account; and

(iv) is not redeemable for cash in accordance with Section 12 (Non-Transferable).

“Underpayment” means a situation where a User has insufficient funds to pay for a Transaction (whether in whole or in part).

“User” or “you” means you as the holder of an Account.

2. Contractual Agreement

These Terms constitute a legally binding agreement between you and Uber B.V., a private limited liability company established in the Netherlands, having its offices at Mr. Treublaan 7, 1097 DP, Amsterdam, the Netherlands, registered at the Amsterdam Chamber of Commerce under number 56317441.

By downloading, installing or using the Application, or accessing or using the Services and using Uber Cash you:

(a) agree that you have read, understood, accepted and agreed to these Terms;

(b) agree that the representations made by you in the General Terms will apply equally in respect of Uber Cash and (if applicable) Underpayments; and

(c) acknowledge and agree that Uber and its Affiliates does not provide goods or services offered by Third Party Providers (including (without limitation) independent third party transportation services providers, logistics services providers, restaurants and other independent third party providers of goods or services), via the Application and that the purpose of the Application and the Services is to match and schedule the provision of goods and services by such Third Party Providers to users of the Application, to facilitate the payment of Transactions and for Uber to act as limited collection agent for such Third Party Providers; and

(d) acknowledge and agree that Third Party Providers are not employed by Uber or any of its Affiliates;

(e) acknowledge that by using cash as a payment method under Section 6 (Change for Uber Cash) to reload Uber Cash the Third Party Provider is acting as a limited collection agent for Uber;

(f) acknowledge that where you select Uber Cash as a payment method for a Transaction, any payment obligation to Third Party Providers will be borne by and settled by Uber on your behalf with the relevant Third Party Providers up to and including the total balance of Uber Cash reflected in your Account at the time of completing a Transaction;

(g) acknowledge that where you select Uber Cash as a payment method, this will result in a deduction to your Uber Cash balance (as reflected in your Account) at completion of your Transaction;

(h) acknowledge and agree that the purpose of Uber Cash is to provide an additional payment method for a Transaction.

These Terms supersede any prior terms, agreements or arrangements with you in respect of Uber Cash.

Uber may (subject to any prevailing laws) immediately terminate these Terms with respect to you, or generally cease offering or deny access to Uber Cash, at any time and for any reason.

3. Use of Uber Cash

You must have an active and valid Account to use Uber Cash.

Uber Cash may only be applied as a payment method within the Application for Transactions within the Territory.

Where you have elected Uber Cash as a payment method, your total Transaction cost will include the cost of the Transaction plus any applicable taxes, fees or charges imposed by the Third Party Provider as set out in the General Terms.

Uber does not levy charges or fees for your Account or usage of Uber Cash.

You may review your Transactions by logging into your Account via the Application. The Uber Cash balance displayed in the Application will serve as conclusive evidence of your Uber Cash balance.

4. Loading Uber Cash

You may load Uber Cash, by any one or more of the following payment methods (where offered by Uber from time to time):

(a) by cash paid to an authorised agent or a Third-Party Provider (including for the avoidance of doubt in accordance with Section 6 (Change for Uber Cash) where enabled by Uber and permitted by law;

(b) debit card;

(c) credit card; or

(d) gift card (if permitted by law); or

(e) any other payment method made available in the Application from time to time by Uber,

(each a 'Payment Method').

You may reload your Uber Cash balance at any time before commencement of a Service by clicking on the ‘Payments’ tab and then clicking on 'Add Funds'.

In accordance with the General Terms, you may be required by Uber to add a secondary payment method to use Uber Cash as a payment method for Transactions within the Application.

To add alternative payment methods to reload Uber Cash, go to the ‘Payment’ section in the Application and select 'Payment Method'.

To use a new payment method you must add it to your Account before your next Transaction.

By selecting a particular Payment Method you acknowledge that you are agreeing to the terms of service of Uber's payment processing partners and the financial institution or payment services provider who has issued your selected Payment Method. You further agree that you will bear the cost or charges of any fees imposed by such payment processing partners or financial institutions in connection with your selected Payment Method.

Uber may in its sole and absolute discretion choose to refuse a request to reload Uber Cash, including (without limitation) where reloading Uber Cash would result in the aggregate value stored in your Account exceeding any value permitted by prevailing laws and regulations.

Uber (in its sole and absolute discretion) may, at any time (including at the time of completing a Transaction), notify you via the Application that it has imposed a maximum amount by which you may reload Uber Cash or to inform you that you have reached the limit on the number of times you may reload Uber Cash within a specified period.

5. Auto-reload Uber Cash

Uber may offer you the facility to auto-refill your Uber Cash from time to time within the Application. When you auto-refill your balance, you are reloading Uber Cash for Transactions. Auto-refill is only available where you have added a debit card or credit card (or such other payment method offered by Uber from time to time) as a designated Payment Method for your Account. You may opt to have one of these Payment Methods automatically charged by an agreed auto-refill amount (for example US$50) whenever your Uber Cash balance drops to a minimum threshold (for example US$20).

If you choose to use the auto-refill option, you will continue to get any bonus credits, if applicable, issued by Uber. Uber reserves the right to modify at its sole discretion the "bonus" value portion of Uber Cash issued to you as a promotion by Uber at each auto-refill, subject to applicable law.

Reloading 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 Application menu, but the auto-refill charge amount you have selected will continue unless and until you elect to turn it off.

6. Change for Uber Cash

Where Change for Uber Cash is offered and enabled by Uber and you have selected cash as a payment method at the time of booking a Service via the Application, you have the option to:

(a) receive any change due to you for a cash payment from the Third Party Provider; or

(b) apply your change to top-up your Account by reloading Uber Cash via the Third-Party Provider (where permitted by law and enabled by Uber) ("Change for Uber Cash").

Where you choose to reload Uber Cash via a Third Party Provider your Transaction receipt will reflect the cost of your Transaction (including any fees or charges imposed by the Third Party Provider as set out in the General Terms) plus the additional reload of Uber Cash you have chosen.

Reloading Uber Cash via a Third-Party Provider may only be used for cash payments and will be reflected in your Account immediately (subject to technical or system failures).

Uber (in its sole discretion) may, at any time (including at the time of completing a Transaction), notify you via the Application that it has imposed a maximum amount by which you may reload Uber Cash or to inform you that you have reached the limit for the number of times you may reload Uber Cash within a specified period using this method.

7. Underpayment

Where underpayments are offered and enabled by Uber, and you are unable to pay either partially or in full for a Transaction, because:

(a) you do not have a secondary Payment Method;

(b) either your default or your secondary Payment Method have expired, have insufficient funds or are rejected by your card issuer or financial institution; or

(c) the Application or Service malfunctions, there is a delay in the use of the internet, or a fault in either your mobile device or the Third-Party Provider's device; or

(d) you physically have insufficient cash or do not have an alternative physical payment method such as a credit card or debit card, this will be reflected as a negative balance in your Account.

Uber will collect such negative balance by automatically adding the negative balance to the amount payable at the end of your next Transaction via the Application.

The maximum negative balance which you are permitted to accumulate on your Account will, from time to time, be notified to you by Uber via the Application, including at the time of payment for a Transaction. Once you reach this limit you will not be able to book further Services via the Application until you have cleared your negative balance.

Where the negative balance is added to your next Transaction via the Application, the total amount owing by you will be the total cost of your Transaction plus the negative balance owing (as reflected in your Account).

Uber will notify the relevant Third-Party Provider via the Driver Application of the amount of negative balance owing by you to Uber for the purpose of collecting the sums due from you at the conclusion of your Transaction.

For the avoidance of doubt:

(e) no charge, interest, consideration or administration fee will be chargeable by Uber on any negative balance accrued on your Account at any time;

(f) any negative balance accrued on your Account will not constitute 'the providing of credit', a 'credit transaction' or 'credit facility' or equivalent as defined by laws and regulations applicable in the Territory.

8. Expiry of Uber Cash

With the exception of bonus credits and promo credits (see Section 9 (Promo Codes) below) and subject to Section 17 (Modification), Uber Cash will not expire.

Bonus credits issued to you by Uber as Uber Cash when topping up the Uber Cash balance in your Account in accordance with Section 4 (Loading Uber Cash) or Section 5 (Auto-reload Uber Cash) may be subject to an expiration date which will be communicated to you in the Application.

9. Promo Codes

Where promotional credits are issued to you by Uber as Uber Cash in connection with Promo Codes the provisions relating to Promo Codes set out in the General Terms and any other additional terms that Uber establishes on a per promotional code basis will continue to apply, including in relation to expiry of such promotional credits, which shall be communicated to you in the Application.

10. Customer Identification, Fraud Identification and Anti-Money Laundering

In order to ensure your security, prevent fraud or identity theft and comply with anti-money laundering laws and regulations (as applicable), we will request information from you at the time of opening your Account to confirm your identity, to allow you to open and maintain an Account and to use Uber Cash. We may also request you to update and verify your information from time to time. This is one way that Uber seeks to obtain comfort that the only person who can access your Account and Uber Cash is you.

Uber may delay, suspend or block your access to Uber Cash until you comply with this information request or other verification steps that may be required by Uber at any time.

Uber may, from time to time, be required to undertake financial crime screening to comply with applicable laws or regulations, in such circumstances, you agree to assist Uber and cooperate with any requests for information.

11. Use of Uber Cash

Uber reserves the right to modify the scope of services for which Uber Cash can be used as a payment method. Uber Cash may not be used outside of the Territory nor in cities in the Territory where Uber is not available.

12. Non-transferable

Uber Cash once loaded onto your Account is non-transferable, non-refundable, non-returnable, and may not be redeemed for cash except where required by law. If you have any queries (including in respect of obtaining a refund) please contact customer support via the Application.

13. Credit Card and Debit Card Transactions

Where card payment is offered by Uber as a Payment Method and you have selected a payment card as your designated Payment Method to reload Uber Cash, you acknowledge that transaction errors relating to such Transactions may result in a reversal of the transaction, fees, claims, penalty or chargeback from the financial institution or payment services provider that has issued the payment card. You acknowledge that the financial institution or payment services provider which issues or supports the designated Payment Method you have linked to the Application and not Uber determines any amount reversed, returned or charged back and that Uber is bound to follow the instructions of that financial institution or payments services provider. You agree to authorise Uber to work with your financial institution or payment services provider to recover any amounts owing to Uber and if necessary you further agree to authorise Uber to recover any amounts due by debiting your Account or charging your secondary Payment Method (if available) or by any other means Uber deems appropriate in its sole discretion.

You agree that you will be responsible for resolving any disputes with the financial institution which has issued your card.

14. Unauthorised Use of Your Account and Fraudulent Activity

You agree to notify Uber immediately upon becoming aware of any fraudulent activity or theft of Uber Cash.

Notifications may be made to Uber via the Application. You are solely responsible for informing your financial institution or payment services provider of any fraud related to your payment card.

You agree that Uber is not responsible for unauthorised use of Uber Cash. Uber reserves the right (in its sole and absolute discretion) to suspend or void any transaction or use of Uber Cash, where Uber suspects that Uber Cash was obtained or used fraudulently, unlawfully, illegally, involves criminal activity or that you are otherwise in violation of these Terms.

15. Ownership

The provisions of the General Terms relating to ownership of the Application and Services and Intellectual Property will apply equally to these Terms.

16. Conflict with general terms

In the event of a conflict between these Terms and the General Terms, in respect of Uber Cash, these Terms will prevail.

17. Modification to Terms

Uber may modify any of these Terms at any time, with or without notice to you, subject to applicable law. The most current terms shall be effective upon Uber’s posting of such modified Terms. Your use of any portion of Uber Cash after such posting constitutes your acceptance of the modified Terms. If any of these Terms are 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 Terms.

18. Gift Cards

Where gift cards are available and offered in the Territory in accordance with applicable law, Uber’s terms and conditions applying to gifts cards will be applicable. Subject to their permissibility as a payment method for Uber Cash under applicable law, where gift cards are accepted and are redeemed as a Payment Method for Uber Cash, Section 4 (Loading Uber Cash) will apply.

19. Governing law; Arbitration Provision

The governing law will be as set out in accordance with the General Terms.

All disputes will be resolved in accordance with the General Terms.