Membership Terms - India

1. GENERAL

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

Agreement to Membership Terms

By purchasing a Membership, you agree to these 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 Membership may be used, the Payment and Membership Benefits (both terms defined below), the Membership term (“Membership Period”) and payment date (“Payment Date”). Please read your Offer carefully before purchasing a Membership. Your Offer may be varied from time to time in accordance with these Membership Terms.

Scope of these Membership Terms

These Membership Terms govern your use of your Membership and do not govern your use of the Uber Platform. Uber provides the Membership, including the 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 Membership Benefits from time to time.

Undefined, capitalised terms in these 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 MEMBERSHIP

Membership Benefits

Your Membership entitles you to certain benefits for the duration of your Membership (“ Membership Benefits”). The details for your Membership Benefits (and any applicable limitations) will be set out in: (a) your Offer, as stated to you when you sign up for your Membership or amended in accordance with Section 4 of these 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 Membership. Membership Benefits may differ based on the type of Membership selected by you in your Offer.

Membership Benefits may include savings, discounts and other benefits in relation to services purchased through the Uber Platform in India, as well as other benefits offered by third parties to you in connection with your 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 Membership Benefits will be specified in your Offer and will align with your Membership Period. Your entitlement to the Membership Benefits will automatically end at the end of your Membership Period in accordance with Section 3, unless you cancel your Membership in accordance with Section 6. Uber may cancel, suspend or otherwise restrict your entitlement to the Membership Benefits in accordance with Section 5.

Membership Limitations

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 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 Membership on account of a violation hereunder.

Other limitations to Membership Benefits will be clearly described in your Offer, as stated to you when you sign up for a Membership, when the 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.

Combining Benefits

Notwithstanding the terms and conditions of other benefits offered in connection with your Membership, Uber may permit Membership Benefits to be combined with other benefits as long as such benefits do not conflict or overlap with Membership Benefits (“Other Benefits”). You should refer to the terms and conditions that apply to such Other Benefits. To the extent Uber has permitted Membership Benefits to combine with Other Benefits: (a) Other Benefits may be applied after your 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 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. For offers tied to your payment type, that payment type must still be valid and on your account when the related offer starts.

3. CHARGES

Payments

When you purchase a Membership, you will be entitled to the Benefits for the Membership Period, and such Benefits will end at the end of your respective Membership Period. The applicable Payment is in Indian Rupees and inclusive of applicable taxes. Your Membership Period commences on Your Payment Date and expires at the same time on the same date of the following month for the 1 month plan, at the same time on the 90th day of your Membership Period for the 3 month plan and at the same time on the same date of the following year for the 12 month plan.

Uber Vouchers and Gift Cards are not accepted as payment methods for your 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 Membership. Such trial or promotional entitlement is subject to: (a) these 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 Membership with any other offers.

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 Membership purchase. Your 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 Membership. Your Membership will commence on the date of cash payment, and Membership benefits will apply to all future rides and purchases. Cash payments are exclusively available for monthly Membership plans.

If you do not cancel the Membership prior to the end of the trip, the Membership fee will be added to the total trip fare, and the fee must be paid in physical cash only. If your Membership is in a pending payment state via physical cash, the UPI QR code will be disabled, and you will automatically be required to pay for both your ride and Membership fee in physical cash. In the event you cancel your Membership during a trip, you will not be able to switch back to UPI for payment until your next trip.

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

4. CHANGES TO YOUR MEMBERSHIP

Changes to Membership Terms and Membership Benefits

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

5. BENEFITS FOR TEENS

In Uber’s sole discretion, Uber may allow a guardian with a Membership to have their Membership Benefits extended to Teens linked to their accounts. The extension of Membership Benefits to Teens is subject to the Teen Account Terms of Use (Parent or Guardian) and Teen Account Terms of Use (Teen). The Teen will receive the same benefits as the guardian on rides, including Uber One credits back on trips, which can be used by the Teen towards future rides. Teens will not have the ability to manage their guardian’s membership in any way, including but not limited to updating payment methods, updating the Membership plan type, or canceling the plan. Teens utilizing their guardian’s benefits will remain subject to these Membership Terms as applicable.

Teens are under no circumstance allowed to have their own Uber One membership, and may only access benefits they receive through their guardian with a Membership. Without notice and in its sole discretion, Uber may exclude teens from certain promotional offers, including those offered by third-party partners.

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

(a) Uber may restrict you from accessing or using your 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 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 Membership.

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

(i) immediately, where Uber reasonably suspects that: (A) you have, or are likely to, breach these 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 Membership Terms for any legitimate business, legal or regulatory reason.

If Uber terminates these Membership Terms or generally ceases to offer the 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 Membership Period. To the extent feasible, Uber shall attempt to process the refund to the original payment source. For clarity, subject to the Indian Consumer Law, Uber and its affiliates will not process any refund if these Membership Terms are terminated pursuant to Section 5(b)(i).

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

7. CANCELLING YOUR MEMBERSHIP

Cancellations are only permitted on the 12 month plan. In the event you wish to cancel your Membership, you can do so by contacting customer support. Subject to your rights under consumer laws, your Payment for the monthly plan and 3 month plan will not be refundable.

Nothing in these 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 Indian Consumer Law.

8. 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 Indian 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 Membership Terms, including in relation to the Membership and any of the Membership Benefits. Neither Uber nor any of its affiliates will be responsible or liable under or in connection with these 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 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 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 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 MEMBERSHIP OR SERVICES OR YOUR INABILITY TO ACCESS OR USE THE 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 MEMBERSHIP OR SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE TOTAL AGGREGATE PAYMENT ACTUALLY RECEIVED FROM YOU IN THE 12 MONTHS 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 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.

9. 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 India. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Membership or Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings in terms of the Indian law. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the Indian laws, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (“Act”). The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the Act. The place of both mediation and arbitration shall be India. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, any correspondence correspondence from the mediator, and correspondence, orders and awards issued by the sole 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 stipulated herein.

10. OTHER PROVISIONS

Privacy

Our collection and use of personal information in connection with your 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 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 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 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 Membership Terms but the legality, validity and enforceability of the other provisions in these 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 Membership Terms. These 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 Indian Consumer Law. In these Membership Terms, the words “including” and “include” mean “including, but not limited to”.