Uber One Terms and Conditions (Hong Kong)

1. Incorporation

These Uber One Terms and Conditions ("Uber One Terms") govern your purchase and use of Uber One and are expressly incorporated into and made a part of Hong Kong General Terms of Use, Uber Privacy Notice, and Uber’s Community Guidelines (collectively the “Uber Terms”). In the event of any conflict between these Uber One Terms and the Uber Terms, these Uber One Terms shall govern as applied to the subject matter herein. Subject to the foregoing, undefined, capitalized terms in these Uber One Terms will have the meaning set forth in the Uber Terms.

These Uber One Terms govern your use of your Uber One and do not govern your use of the Services. Uber (as defined below) provides Uber One, including the Uber One Benefits, in relation to the transportation services provided by Third Party Providers through the Applications. Uber does not represent or purport to act on behalf of Third Party Providers. Uber does not provide or sell transportation services provided by Third Party Providers. All benefits and promotions offered under Uber One are offered on an "as is" and "as available" basis, and contingent upon Third Party Providers’ availability to provide the transportation services and other contingencies which may impact the availability of some benefits at certain times and places.

By purchasing an Uber One (the “Uber One”) you agree to these Uber One Terms, as well as any other specific terms of the offer you received (the “Offer”) in-app or by email, which may include important details and restrictions, including, but not limited to, where and when an Uber One may be used, the Billing Rate, Uber One Benefits (as defined below), and the billing interval (the “Billing Cycle”). Please refer to your Offer for details before purchasing an Uber One.

2. Uber One

Uber One is a paid service offered by Uber International Technologies Corporation and/or affiliates (“Uber” or “We”) which in return for the payment of a recurring subscription fee, grants you special promotions and benefits in relation to the services provided by Third Party Providers in specific geographic areas of Hong Kong (“Uber One Benefits”). Please refer to the Offer on the geographic areas in Hong Kong which Uber One Benefits apply.

The details for the applicable promotions (and any applicable limitations) shall be set forth in your Offer and stated to you when you sign up for Uber One, including but not limited to the recurring billing rate for Uber One (“Billing Rate”). Uber One Benefits may be subject to applicable limitations including, for example, they may not be applicable for certain services of Third Party Providers, including the Uber Taxi option. Uber One Benefits are subject to Third Party Providers’ availability and acceptance of requests for services in your geographic area.

Uber may offer Uber Cash as part of any promotion or appeasement during the term of your Uber One membership. “Uber Cash” means the credits provided or gifted to you by Uber or any other third party and issued by Uber as a gesture of goodwill. Uber Cash is non-refundable, non-transferable, and non-redeemable for cash or to an alternative payment method and will be subject to the expiration date set out in any specific terms and conditions provided by Uber and communicated to you by Uber via the Uber App, website or, if applicable, on any physical or digital material. Uber Cash is governed by the Uber Cash Terms of Use.

For the avoidance of doubt, Uber One is separate from any Uber’s promotions in Hong Kong.

By participating in Uber One, you are agreeing to these Uber One Terms. If you do not agree to these Uber One Terms, please do not participate in Uber One.

3. Duration and Frequency of Charges

When you purchase Uber One, you'll be charged the Billing Rate by Uber for your first Billing Cycle on the date of purchase, which activates Uber One for the term set forth in your Offer. Unless you cancel your subscription, you'll be charged at the Billing Cycle stated in your Uber One Offer on or around the initial purchase date on your selected payment method. BY DEFAULT (AND WITH PRIOR NOTICE TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR UBER ONE WILL AUTOMATICALLY RENEW AT THE BEGINNING OF EACH BILLING CYCLE, AND THE BILLING RATE WILL BE AUTOMATICALLY CHARGED TO YOUR SELECTED PAYMENT METHOD (OR OTHER PAYMENT METHOD IN YOUR UBER WALLET). If you do not want Uber One to automatically renew, you can cancel your subscription in accordance with Section 4 below.

The Billing Rate for Uber One is inclusive of any applicable tax. If any deductions or withholdings are required by law to be made from any amounts payable by or on behalf of one party to the other party under these Uber One Terms, the paying party shall be obligated to pay to the receiving party such amount so that, after the deduction or withholding has been made, it will leave the other party with the same amount as it would have been entitled to receive in the absence of any such requirement to make a deduction or withholding.

If your selected payment method is declined, Uber will prompt you for a new payment method but reserves the right to terminate any unpaid periods in your Uber One with no further charges to you. Uber may also automatically retry failed payments periodically over the course of your Billing Cycle to help you get back to enjoying your Uber One Benefits and/or may attempt to charge another payment method in your Uber Wallet. Uber is not responsible for any fees charged by the cardholder's bank including, but not limited to, overdraft fees, insufficient funds fees, interest charges, foreign exchange fees, cross border fees, and other penalties levied by the cardholder's bank.

4. Cancelling Uber One

You may cancel your Uber One subscription within the Uber App up to 48 hours prior to your next scheduled payment to avoid further charges. To do this, go to the applicable Uber One section in the Uber App where you purchased Uber One and select “Manage Membership.” Select the option for “End membership” and then confirm your wish to cancel your subscription. If you are less than 48 hours prior to your next scheduled payment, contact support to cancel.

If you cancel Uber One, you will still have access to your Uber One Benefits until the end of your current Billing Cycle, provided however, you are not cancelling your Uber One subscription during a free trial period, in which case your access to your Uber One Benefits will end upon you confirming such cancellation. Except for the circumstances set out in Section 26B of the Trade Description Ordinance (Cap. 362), all payments are non-transferable and Uber will not give pro-rated refund of your (recurring) subscription fee payable for the Billing Cycle once the relevant Billing Cycle has begun. Please use help.uber.com to report any unauthorized charges within 60 days. Uber is not responsible for overdraft fees that may be incurred.

5. Pausing Your Uber One Membership

Occasionally, you may want to pause your membership. Pausing your membership is a great way to take a temporary break and easily resume your Uber One Benefits without the hassle of signing up again.

Under certain circumstances, you may be able to pause your Uber One membership for a specific time period (“Paused State”) if you are not on a free trial or a partner-sponsored Offer at the time of the pause. When you pause your subscription, your Paused State will begin once your current Billing Cycle ends. Once your Paused State expires, your recurring payment will resume and your Uber One membership will automatically renew for the next Billing Cycle. You must pause at least 48 hours before your scheduled payment to avoid being charged for the next Billing Cycle.

You can pause your Uber One membership up to four (4) times per year. During the Paused State, you will not be charged the recurring payment and your Uber One Benefits will not apply. You also will not receive any member-specific promotions or offers.

6. Promotions & Offers

Notwithstanding the terms and conditions of other promotions offered by Uber or third parties, Uber may permit Uber One Benefits to be combined with other promotions.

7. Free Trial

Uber and/or third parties on behalf of Uber may offer some users a free trial or other promotional subscriptions to Uber One. Such trial or promotional subscriptions are subject to these Uber One Terms except as otherwise stated in your Offer. Only one trial is available per user. Free trial and promotional subscription eligibility is determined by Uber and Uber may limit such eligibility or duration, including for the prevention of free trial abuse. Certain limitations may exist with respect to combining a free trial with any other promotions.

AT THE END OF YOUR APPLICABLE FREE TRIAL PERIOD, YOUR UBER ONE WILL AUTOMATICALLY RENEW AND YOU WILL BE CHARGED THE BILLING RATE STATED IN YOUR OFFER AT THE BEGINNING OF EACH BILLING CYCLE UNLESS YOU CANCEL PRIOR TO THE EXPIRY OF THE TRIAL PERIOD ACCORDING TO THESE UBER ONE TERMS.

8. Changes to Uber One

Uber may amend these Uber One Terms, the Uber One Benefits or Billing Rates from time to time. We will provide you with no less than 5 days prior notice (either in the Uber One section of the applicable Uber Apps, in app or via email or other methods) in the event of a material change to these Uber One Terms, the Uber One Benefits, or Billing Rate that detrimentally affects your rights under these Uber One Terms. Unless otherwise stated in the notice, all changes will be effective upon your next Billing Cycle and your continued use of Uber One constitutes your acceptance of such changes. If you are not willing to agree to the changes, you may cancel your Uber One in accordance with Section 4 above.

Uber may terminate your Uber One, or generally cease offering or deny access to the Uber One Benefits (in whole or in part) including, for example, where Uber, acting reasonably, terminates these Uber One Terms for any legitimate business, legal or regulatory reason. If that happens, Uber will give you a pro-rated refund based on charges already applied to your current Billing Cycle. We will not give any refund for termination related to conduct that we consider to be a violation of these Uber One Terms, the Uber Terms and/or any applicable law, or involving fraud or misuse of the Uber One.

9. Transfer of Rights

Uber's rights and obligations under Uber One 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. You may not transfer or assign your rights and obligations under Uber One.

10. Interpretation of Uber One Terms

Subject to the Hong Kong Trade Description Ordinance (Cap. 34), all interpretations of these Uber One Terms will be at Uber's discretion and Uber's decision will be final.

11. Disclaimer

Uber One 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 Uber One or its features. Uber may from time to time request information from you to confirm your identity before renewing your Uber One. Uber may delay your access to Uber One until you comply with this information request. Uber One 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, or completeness, the operation of Uber One, the information, materials, content, availability, and products. Uber One and these Uber One Terms are provided by Uber and do not modify the contractual relationships among or between the individuals and entities that use Uber’s technology to offer services, and Uber or any Uber affiliates, 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 or merchantability and fitness for a particular purpose.

12. Governing Law; Arbitration

These Uber One Terms shall be exclusively governed by and construed in accordance with the laws of Hong Kong, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to your use of your Uber One or these Terms, including those relating to its validity, its construction or its enforceability (any Dispute) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (ICC Mediation Rules). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (ICC Arbitration Rules). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be Hong Kong. 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, correspondence from and to the International Chamber of Commerce, 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.

13. Contact Us

If you have questions or comments regarding Uber One you may contact us here.