Uber Consumer Vouchers Terms and Conditions – New Zealand

You hereby accept and agree to these Uber Consumer Vouchers Terms and Conditions (“Consumer Vouchers Terms”) which constitutes a legal agreement between you and Rasier New Zealand Limited, a New Zealand company registered in New Zealand (Company Number 7056276), registered at PKF Goldsmith Fox, Level 1, 100 Moorhouse Avenue, Christchurch, 8011, New Zealand (“Uber”).

These Consumer Vouchers Terms and the New Zealand Terms of Use (“Terms”) govern your access or use of Uber Vouchers (defined below). For clarity, these Consumer Vouchers Terms constitute supplemental terms referenced in the Terms, and the “Services” as defined in the Terms includes Uber Vouchers. Uber Vouchers do not form part of your Uber Cash balance, which is separately governed by the Uber Cash Terms of Use. Capitalised terms used but not otherwise defined herein shall have the meaning ascribed to such terms in the Terms. In the event of any conflict between the Terms and these Consumer Vouchers Terms, these Consumer Vouchers Terms shall prevail.

By accessing or using Uber Vouchers, you confirm your agreement to be bound by the Consumer Vouchers Terms. If you do not agree to the Consumer Vouchers Terms, you may not access or use Uber Vouchers. Uber may immediately terminate these Consumer Vouchers Terms or Uber Vouchers with respect to you, or generally cease offering or deny access to Uber Vouchers or any portion thereof, at any time for any reason.

These Consumer Vouchers Terms may be modified or updated by Uber from time to time, effective upon posting an updated version of these Consumer Vouchers Terms on the Uber website. Uber will provide you with notice of any such modifications or updates, such as through the email Uber has on file for you, through the Uber Vouchers platform, or by updating the date at the top of these Consumer Vouchers Terms. You are responsible for updating your contact information and regularly reviewing these Consumer Vouchers Terms for updates and information from Uber. Continued use of Uber Vouchers after any such modifications or updates shall constitute your consent to such changes. If you do not agree to the amended Consumer Vouchers Terms, you must stop accessing and using Uber Vouchers.

1. DEFINITIONS.

The following terms, as may be used only in these Consumer Vouchers Terms, shall have the meanings set forth below:

1.1. “Active Account” means an Uber account in which the owner of the account has: (i) installed the Uber App on a compatible mobile device, (ii) registered for and maintained during the Term an active personal user account for the Uber Service, which registration requires the entry of certain personally identifiable information and a personal credit or debit card number, and (iii) confirmed the mobile number provided during the Uber App registration process.

1.2. “Affiliate” means an entity that, directly or indirectly, controls, is under the control of, or is under common control with a party, where control means having more than fifty percent (50%) of the voting stock or other ownership interest, the majority of the voting rights of such entity, the ability of such entity to ensure that the activities and business of that affiliate are conducted in accordance with the wishes of that entity or the right to receive the majority of the income of that affiliate on any distribution by it of all of its income or the majority of its assets upon winding up.

1.3. “Authorised User” means an individual that is authorised to receive one or more Uber Vouchers that were created by you.

1.4. “Personal Data” means ‘personal information’ as defined in the applicable Data Protection Law. In the absence of applicable Data Protection Law, “Personal Data” means any information relating, directly or indirectly, to an identified or identifiable natural person.

1.5. “Program” means an event or series of events for which you want to provide Authorised Users with an Uber Voucher to use in connection with the Uber Services.

1.6. “Redemption Value” shall mean the maximum amount for which any single Uber Voucher may be utilised by an Authorised User to receive a full or partial payment for User Charges pursuant to these Consumer Vouchers Terms.

1.7. “Uber App” means Uber’s applications or websites (including the Uber Eats App) that allow users to access and use Uber Services, as may be updated by Uber from time to time.

1.8. “Uber Service” means a technology service provided by Uber and its Affiliates that, when used in conjunction with the Uber App or Dashboard (as applicable) enables users to request ground transportation services or request the purchase of items from independent third party providers and (if applicable) delivery services from an Uber Affiliate or independent third party provider (as applicable), as described in the Terms.

1.9. “Uber Voucher” means a promotional code generated by you that, when validly applied, allows an individual with an Active Account to receive a partial or full payment by you for User Charges up to the amount of the applicable Uber Voucher, subject to (i) any utilisation requirements and limitations established by you, (ii) the terms of these Consumer Vouchers Terms, and (iii) other restrictions and limitations as Uber may reasonably determine from time to time that are generally applicable to all such codes generated by Uber or its Affiliate, and that are notified to you.

1.10. “User Charges” means charges incurred by Authorised Users for transportation, logistics, food purchases and related food delivery, or other services obtained through the use of the Uber Service, including any applicable tolls, foreign transaction fees, taxes, and any other fees or charges that may be due for a particular use of the Uber Service.

1.11. “Utilisation Amount” means the exact monetary amount of an Uber Voucher an Authorised User utilised for User Charges.

2. FEES AND PAYMENTS.

2.1. Utilisation Amount. You are required to pay Uber the Utilisation Amounts on a schedule determined by Uber (such as daily) via your credit card designated in your Account. Uber will place an authorisation hold on your designated payment method for the maximum potential aggregate Redemption Value of the Uber Vouchers at the time of Uber Voucher creation. If the total cost of a ride or order booked by an Authorised User using an Uber Voucher via their Active Account exceeds the Redemption Value of the applicable Uber Voucher, the balance shall be charged to such Authorised User’s payment method on file in their Active Account.

2.2. NOT USED

2.3 Taxes

2.3.1 Taxes. If GST is payable on any supply made under the Agreement by Uber or an Uber Affiliate, for which the consideration is not expressly stated to include GST, you agree to pay Uber or that Uber Affiliate (as applicable) an additional amount equal to the GST at the same time that the consideration for the supply, or the first part of the consideration for the supply (as the case may be), is to be provided. “GST" in this section and section [2.4] means the tax imposed or charged under the Goods and Services Tax Act 1985 (NZ) (“NZ GST Act”).

2.3.2 Vouchers and GST. Uber and/or its Affiliates have entered (or will enter) into agreements with independent third party providers of goods and services, whereby it is agreed by the “issuer” and “supplier” for the purposes of s 5(11G) of the NZ GST Act that a supply of goods and services for the purposes of the NZ GST Act occurs when Authorised Users use the Uber Voucher value arising from the redemption of the Uber Voucher in the Uber App to pay for goods and services purchased by the Authorised Users via the Uber App. You acknowledge and agree that the impact of this is that the supply of the Uber Voucher to you is not subject to GST.

2.4. Account Suspension. Uber reserves the right to immediately suspend your access to Uber Vouchers and suspend any or all access to Uber Vouchers by Authorised Users in the event of any unpaid Utilisation Amount. Uber may also deactivate or suspend use of Uber Vouchers at any time during the Term at its sole discretion. Uber further reserves the right to pursue any and all remedies available to it under applicable law, including, but not limited to, reporting you to applicable credit reporting agencies, in the event of any unpaid Utilisation Amount hereunder. All late payments shall accrue simple interest on the sum due from the date such payment was originally due until the date of actual payment, at 3% per month or the maximum allowed by applicable law.

3. UBER VOUCHERS.

3.1. Creating Uber Programs and Uber Vouchers; Limitations.

3.1.1. In order to access and create Programs and Uber Vouchers, you must maintain and sign in with your Account (as defined in the Terms). You may create Programs, which will generate Uber Vouchers for you to distribute to Authorised Users. Uber shall run such Programs in the countries where Uber makes Uber Vouchers available to you. You acknowledge and agree that you are responsible for all distribution of Uber Vouchers you create, including but not limited to ensuring that such distribution is in compliance with all applicable laws, rules, regulations and ordinances and that it does not harm the goodwill or reputation of Uber.

3.1.2. At Uber’s discretion, you can choose to either create a Program with: (a) one single Uber Voucher to distribute to all Authorised Users (a “Single Code”); or (b) individualised Uber Vouchers that you can distribute to each Authorised User, which are limited to one code per person, and can only be used by the first person who redeems the code (each an “Individualised Code”). You acknowledge and agree that Single Codes and Individualised Codes may not be used as intended if an Authorised User shares the code with a non-Authorised User, that Uber has no way to prevent such sharing or non-intended use, and that all of your obligations under these Consumer Vouchers Terms apply no matter who redeems a code under these Consumer Vouchers Terms.

3.1.2.1. Single Codes. For any Program that utilises a Single Code, you may limit the number of times such code can be used; provided, however, you must clearly and conspicuously disclose to each Authorised User that (a) use of the code is not guaranteed, and (b) the material terms and conditions of each Single Code. You acknowledge and agree that: (1) a Single Code may be used by consumers (including non-Authorised Users) you did not intend to target, but you will be financially responsible for the number of times the Single Code is used to access Uber Services; and (2) for any individual that tries to access a Single Code after the usage limitations have been met, Uber or Uber’s Affiliate will direct such individual to contact you about such matter. Notwithstanding, you acknowledge and agree that in no event will Uber be liable to (i) Authorised Users who were targeted to receive such Uber Voucher but were not able to use the Single Code, unless and to the extent directly caused or contributed to by Uber, its Affiliates or their respective employees or agents, or (ii) you for Uber’s non-fulfillment of the Uber Voucher as a result of usage limitations set by you.

3.1.2.2. Individualised Codes. For any Program that utilises Individualised Codes, it is your responsibility to correctly deliver such codes to Authorised Users and to clearly and conspicuously disclose the material terms and conditions of each Individualised Code to each Authorised User. You acknowledge and agree that for any individual that tries to access an Individualised Code after such code has expired, Uber will direct such individual to contact you about such expired Individualised Code. Notwithstanding, you acknowledge and agree that in no event will Uber be liable to (i) Authorised Users who were targeted to receive such Uber Voucher but were not able to use the Individualised Code, unless and to the extent directly caused or contributed to by Uber, its Affiliates or their respective employees or agents, or (ii) you for Uber’s non-fulfillment of the Uber Voucher as a result of usage limitations set by you.

3.1.3. Uber Delivered Vouchers. If this option is made available by Uber, you may choose to create an Uber Voucher for a specific Authorised User by requesting that Uber deliver such Uber Voucher to the Authorised User via short message service (“SMS”) or by another agreed upon delivery method (each an “Uber Delivered Voucher”). Prior to creating an Uber Delivered Voucher, you shall obtain consent from the Authorised User, or rely on another appropriate legal basis for sharing such Personal Data, and submit to Uber the following information with respect to such Authorised User: (a) first and last name; and (b) active telephone number and/or email address (collectively, “Authorised User Data”). You shall ensure that any Authorised User Data you provide to Uber is accurate and complete, and Uber shall not be liable to you, any Authorised User, or any other party with respect to inaccurate or incomplete data supplied by you, or if you failed to comply with the abovementioned requirements for transferring the Personal Data to Uber.

3.2. Uber Voucher Limitations. You shall ensure the maximum aggregate Redemption Value of Uber Vouchers that you have outstanding at any given time shall not exceed the credit amount approved by Uber, unless Uber agrees in writing to allow you to distribute a different amount of Uber Vouchers. Each Uber Voucher created by you shall: (1) expire no later than twelve months following the date on which you created the Uber Voucher; (2) have a minimum Redemption Value for each country for which an Uber Voucher was ordered; (3) be valid for redemption in areas where certain Uber Services are available until such Uber Voucher expires; and (4) be feasibly usable for the Authorised User receiving such Uber Voucher (e.g., an Authorised User located in Queenstown should not receive a code that is only valid in Auckland).

3.3. Restrictions of Use. You cannot use Uber Vouchers with any third-party promotion, agreement, relationship, marketing event, partnership, or any other third party use case without Uber’s prior written consent which may be withheld for a legitimate business, legal or regulatory reason but will not be unreasonably withheld or delayed. You agree you will not apply, or allow to be applied, the Uber Voucher to an Authorised User account without first disclosing all of the disclaimers as obligated herein.

3.4. Modification or Cancellation of Uber Vouchers. After a Program is created, you may only: (1) update a Program to make the restrictions and/or value more permissive if the Uber Voucher has not yet been distributed to Authorised Users; or (2) cancel a Program in its entirety, in which case you shall immediately notify all Authorised Users you distributed a Voucher to that such Program is cancelled, and that you, and not Uber, made the decision to do so. Such notification shall be subject to Uber’s prior written approval, not to be unreasonably withheld or delayed. You acknowledge and agree that if you modify or cancel a Program: (1) you remain financially responsible to Authorised Users who received an Uber Voucher from you, whether or not the Authorised User used such Uber Voucher before you modified or cancelled the Program; and (2) if an individual is unable to use an Uber Voucher for a modified or cancelled Program, Uber or its Affiliate will direct such individual to contact you about any modification or cancellation issues. Notwithstanding, you acknowledge and agree that, to the extent allowed by applicable law, in no event will Uber be liable to: (i) Authorised Users who received such Uber Voucher, but were not able to use the Uber Voucher following your modifications to or cancellation of the Program by you or (ii) you for Uber’s non-fulfillment of the Uber Voucher as a result of a modifications to or cancellation of the Program by you.

3.5. Marketing and Messaging Related to Uber Vouchers.

3.5.1. Marketing and Resale Prohibited. You are permitted only to distribute Uber Vouchers to Authorised Users via direct message or another private channel and for their personal use. You are strictly prohibited from promoting for commercial use, reselling, or publicly marketing or distributing Uber Vouchers, including but not limited to, marketing or distributing such Uber Vouchers through publicly available social media channels.

3.5.2. Delivery of Uber Vouchers to Authorised Users. In the event you are delivering Uber Vouchers to Authorised Users, you will receive Uber Vouchers in the form of code links, that you may deliver to Authorised Users via email or other communication channels in accordance with applicable laws, including the Unsolicited Electronic Messages Act 2007 (NZ). You shall ensure that you are the sole sender of the message for the purposes of applicable data privacy laws, marketing and/or consumer regulation or guidelines and that Uber does not appear as the sender of such message. You shall not deliver or attempt to deliver any Uber Vouchers through a public-facing or accessible website/page or social media.

3.5.3. Uber Vouchers Disclaimer. You shall ensure that any delivery or distribution by you of an Uber Voucher to an Authorised User, or any communication related thereto, shall include any provision that would be required under applicable laws. Do not use the word “free” to characterise the benefit unless the entire cost of the order and the other applicable fees are covered by the Uber Voucher in each circumstance. If there are any time, distance or other use limitations, make sure you disclose those up front in the communication of the Uber Voucher. If the Uber Voucher only covers a portion of the trip or order, as may be the case, and other applicable fees, make sure you are clear what that portion is and that the user will have to pay for any remaining cost.

You shall ensure that any delivery or distribution by you of an Uber Voucher to an Authorised User, or any communication related thereto, shall include a prominent disclaimer notifying the Authorised User that: (a) such Uber Voucher may only be redeemed for specific types of services requested via the Uber App, as applicable; (b) such Uber Voucher is subject to a specific, defined expiration date; (c) such Uber Voucher is subject to specific, defined geographic restrictions; (d) such Uber Voucher is subject to a specific, defined maximum Redemption Value; (e) such Uber Voucher cannot be redeemed for goods or services outside of the Uber App; (f) once redeemed by an Authorised User, Uber Voucher value is not transferable to other Uber accounts, users or products; (g) the Authorised User and you will not receive any value or credit for any unused portions of an Uber Voucher; and (h) such Uber Voucher has no cash value and may not be redeemed for cash, except as required by law.

3.5.4. Suspension and Removal. Uber reserves the right, in its sole discretion, to suspend your access or use of Uber Vouchers and any Programs for violations of these Consumer Vouchers Terms. Uber also reserves the right to require you to remove content about Uber Vouchers on any platform for violations of these Consumer Vouchers Terms.

3.6. Uber Account Required.

3.6.1. Active Account Required. You acknowledge and agree that before an individual can utilise an Uber Voucher pursuant to these Consumer Vouchers Terms, such proposed Authorised User must have an Active Account to activate such Uber Voucher.

3.6.2. Violations. You acknowledge that certain proposed Authorised Users may be suspended or banned from use of the Uber Service due to future or past violations of the Terms or Community Guidelines, as may be updated by Uber or Uber’s Affiliates from time to time,(“Violations”), and that, in the event of a Violation, Uber shall have no obligation or liability related to a proposed Authorised User that is unable to obtain, maintain, or use Uber Vouchers due to Violations. In the event that an Authorised User’s Active Account is suspended or terminated pursuant to the Terms, such Authorised User’s access to Uber Vouchers shall also be immediately suspended.

3.6.3. Restrictions. You agree to use Uber Vouchers solely as set forth in these Consumer Vouchers Terms. You shall not, and shall not authorise others to, (a) decompile, disassemble, reverse engineer or otherwise attempt to derive the source code or underlying technology, methodologies or algorithms of the Uber Vouchers, Uber Service or Uber App, except to the extent allowed by applicable law; (b) sublicense, lease, rent, sell, give, or otherwise transfer or provide the Uber Service or Uber App to any unaffiliated third party; (c) modify or alter any Uber Voucher as created pursuant to these Consumer Vouchers Terms; or (d) otherwise impose any additional fees or charges on an Authorised User related to use of the Uber Vouchers. Uber reserves all rights not expressly granted to you or Authorised Users under these Consumer Vouchers Terms.

4. UBER VOUCHER USAGE.

4.1. No commercial use. Uber Vouchers may be used for personal purposes by the recipient of any such Uber Voucher only, and may not be resold or used in connection with any marketing, advertising, promotional or other commercial activities, including without limitation, via websites, internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, radio and television broadcasts, or otherwise. .

4.2. Misuse. You are responsible for payment relating to Uber Vouchers that are lost, stolen, or misused Uber Vouchers unless otherwise required by law.

4.3. Account Suspension. Uber reserves the right to close or suspend your, or any Authorised User’s, account, adjust balances and/or request alternative forms of payment if Uber determines in its sole discretion (acting reasonably) that an Uber Voucher has been fraudulently obtained or used. Uber will provide written notice via email to you or the Authorised User (as applicable) of any such action taken.

4.4. Cessation of Uber Vouchers. Uber may cease offering the Uber Vouchers program at any time and for any legitimate business, legal, or regulatory reason.

5. INTELLECTUAL PROPERTY.

5.1. Use of Uber Trademark. The term "Uber Trademarks" shall mean the trademarks, service marks, trade names, logos, slogans, designs, social media or other handles, hashtags, and other identifying symbols and indicia of Uber or its Affiliates. Uber’s Affiliates prohibit you from using Uber Trademarks except to the extent you use the word “Uber” solely for the purpose of describing “Uber Vouchers,” the “Uber app,” “ride[s] with Uber,” or “delivery[ies] with Uber” in your private distribution of Uber Vouchers to Authorised Users and consistent with Section 3.5.3. Uber Affiliates prohibit you from using Uber’s logo in any manner. All goodwill related to your use of Uber Trademarks shall inure solely to the benefit of Uber or its Affiliates. Uber Trademarks will at all times remain the exclusive property of Uber or its Affiliates. Except as expressly set forth herein, Uber and its Affiliates do not, and shall not be deemed to, grant you any license or rights under any intellectual property or other proprietary rights. All rights not granted herein are expressly reserved by Uber or its Affiliates. Uber or its Affiliates reserves the right to immediately suspend your access to Uber Vouchers and suspend any or all access to Uber Vouchers by Authorised Users in the event Uber or its Affiliates, in its sole discretion, determines at any time that you breached any of your obligations with respect to the Uber Trademarks.

5.2. Inspection of Records. Uber may request in writing that you provide Uber all of your relevant records, materials, and communications (including but not limited to, email and SMS messages that you or any other third party sent to Authorised Users in connection with an Uber Voucher) that include the Uber Trademark (collectively, the “Records”). You shall provide the Records to Uber within thirty (30) calendar days of Uber’s request for such documents. In the event Uber, in its sole discretion, determines you have not met your obligations with respect to the Uber Trademark as set forth in these Consumer Vouchers Terms, then Uber may terminate these Consumer Vouchers Terms and take any additional measures afforded to it by law or under these Consumer Vouchers Terms or the Terms. You shall preserve all of the aforesaid documents for a period of at least two (2) years from the termination or expiration of these Consumer Vouchers Terms.

5.3. No Development. EACH PARTY ACKNOWLEDGES AND AGREES THAT THERE SHALL BE NO DEVELOPMENT OF TECHNOLOGY, CONTENT, MEDIA OR OTHER INTELLECTUAL PROPERTY BY EITHER PARTY FOR THE OTHER PARTY PURSUANT TO THESE CONSUMER VOUCHERS TERMS. Any development activities relating to any technology, content, media or other intellectual property must be the subject of a separate written agreement between Uber and you prior to the commencement of any such activities.

5.4. Ownership. Uber and its Affiliates are and shall remain the owners of all right, title and interest in and to the Uber Service, Uber Vouchers, and the Uber App, including any updates, enhancements and new versions thereof, all data related to the use of the Uber Service, Uber Vouchers, and the Uber App.

6. WARRANTIES.

You represent and warrant that: (a) you shall comply with all applicable laws and regulations applicable to the performance of your obligations hereunder; (b) information you provide to Uber pursuant to these Consumer Vouchers Terms and used in accordance herewith will not infringe or otherwise violate the intellectual property rights, rights of publicity or other proprietary rights of any third party; (c) as it relates to your activities involving the Uber Vouchers, including but not limited to the Programs, and the distribution and any other form of communications regarding the Uber Vouchers, you will comply with all applicable law (including, without limitation, any applicable data privacy and/or consumer regulation or guidelines); (d) you are responsible for the full cost of all Uber Vouchers used, whether Single Codes, Individualised Codes, or Uber Delivered Vouchers, and whether or not used as intended by Authorised Users or others; (e) if you modify or cancel a Program, you remain responsible for the full cost of all Uber Vouchers used; and (f) you will comply with Uber’s applicable terms and policies, including but not limited to not engaging in the following prohibited behaviors and uses: (i) using Uber to commit a crime, (ii) riders carrying firearms, (iii) using Uber to facilitate nuisance, annoyance, inconvenience, property damage, or violations of state or federal law or regulation, and (iv) encouraging or promoting hate speech, violence, or discrimination. With respect to Uber Delivered Vouchers, you further represent and warrant that you have obtained rights, permission, and where necessary legally-adequate consent from Authorised Users: (a) to transfer their Personal Data to Uber, and (b) to receive SMS and other marketing messages and other communications from Uber in connection with Uber Vouchers and the Uber Service.

7. PRIVACY.

7.1. Your Role. With respect to Uber Delivered Vouchers, you will provide Authorised User Data to Uber, for the provision of the services as described in these Consumer Vouchers Terms.

7.2. Lawfulness. You agree to inform, and have an applicable legal basis to process Personal Data, and, where necessary, obtain consent from each Authorised User: (a) to provide Authorised User Data to Uber; and (b) to receive SMS messages and emails from Uber, and for Uber to otherwise contact each Authorised User for the purpose of providing the Uber Service or to provide any communications pursuant to the Agreement.

8. INDEMNIFICATION.

8.1. Indemnity. You will indemnify, defend and hold harmless Uber, its Affiliates and their respective directors, officers, employees, agents, successors and assigns against all claims, damages, losses and expenses (including reasonable outside attorney’s fees) with respect to any third-party claim arising out of or related to: (a) a breach (or claim that, if true, would be a breach) of any of your representations or warranties in these Consumer Vouchers Terms; (b) any misuse of Uber Trademarks or use of Uber Trademarks outside the scope of this Agreement; (c) your unauthorised use of intellectual property of others in connection with the communication or distribution of Uber Vouchers; (d) your use, communication, or distribution of Uber Vouchers and the content used in any such communications, or information you provide to Uber about your Program(s), including to but not limited to the name of your Program(s); or (e) failure to comply with the requirements set forth in these Consumer Vouchers Terms for transferring Personal Data to Uber. For the purposes of clarity and avoidance of doubt, this means that in event that Authorised Users are unable to redeem their Uber Voucher because the funds attributable to such Uber Voucher have already been used, you shall indemnify Uber for any claims made by such Authorised Users.

8.2. Claims. Uber shall provide prompt notice to you of any potential claim subject to indemnification hereunder. You will assume the defence of the claim through counsel designated by you and reasonably acceptable to Uber. You will not settle or compromise any claim, or consent to the entry of any judgment, without written consent of Uber, which will not be unreasonably withheld. Uber will reasonably cooperate with you in the defense of a claim, at your expense.