Uber Cash Purchase Agreement
By purchasing and/or using Uber Cash as defined below, you accept the following terms and conditions:
This Uber Cash Purchase Agreement ("Agreement") is between and among Uber Technologies, Inc. (“Uber”), the purchaser and/or redeemer of Uber Cash (“you”), and, TBBK Card Services, Inc., a South Dakota corporation (“TCS”).
"Uber Cash," for the purposes of this Agreement, means: (i) a load amount value in the form of an Uber Gift Card (“Gift Card”), which is issued directly to you by TCS for use in your Uber account and Postmates account, and (ii) in other cases, discretionary or “bonus” value provided to you by Uber, without consideration, as a promotion or for appeasement purposes for use in your Uber account and Postmates account. For the purposes of clarity and avoidance of doubt, solely as used in this Agreement, Uber Cash does not mean any amount earned by you as a result of your providing services to riders, eaters and/or restaurants.
You may be required to add a secondary payment method to use Uber Cash. Uber Cash will be set as your default payment method. If you wish to use another payment method, go to the ‘Payment’ section in the app and select the payment method before the service is provided.
The Gift Card cannot be reloaded with additional funds after purchase and no fees apply to the Gift Card. The load value of Uber Cash in the form of a Gift Card(s) never expires; Uber Cash provided to you by Uber, however, may expire as determined by Uber. You will receive notice of any applicable expiration date upon receipt of the Uber-provided Uber Cash.
Uber offers the opportunity to auto-refill your Uber Cash. You may opt to have your payment method automatically charged whenever your Uber Cash balance is running low. With auto-refill your card will be charged the amount you selected every time your Uber Cash drops below $10. Purchases of 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 app menu, but the auto-refill charge amount you selected will continue unless and until you elect to turn them off.
No portion of Uber Cash is refundable, returnable, or redeemable for cash except where required by law. Neither TCS nor Uber are responsible for unauthorized use of Uber Cash. TCS and Uber each reserve the right to suspend or void their respective portions of Uber Cash if either TCS or Uber suspects that the Uber Cash was obtained or used fraudulently, unlawfully, or otherwise in violation of this Agreement.
Uber may modify any of this Agreement’s terms and conditions at any time, with or without notice to you, subject to applicable law. TCS may also modify the terms and conditions of the Gift Card at any time, with or without notice to you, subject to applicable law. The most current Agreement shall be available at uber.com/legal/gift, and will supersede all previous versions of the Agreement. The most current Agreement shall be effective upon Uber’s posting of such modified Agreement. Your use of any portion of Uber Cash after such posting constitutes your acceptance of the modified Agreement. If any term of this Agreement 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 this Agreement. For customer service, please click here.
Any claim, dispute, or controversy ("Claim") arising out of or relating in any way to: i) this Agreement; ii) any portion of Uber Cash; iii) your acquisition of Uber Cash; iv) your redemption of Uber Cash for use, or attempted use, within the Uber or UberEATS app as applicable; v) the amount of available funds in Uber Cash; or vi) advertisements, promotions or oral or written statements related to Uber Cash; no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).
TCS, or Uber as applicable in the case of promotional credit, will pay the initial filing fee to commence arbitration and any arbitration hearing that you attend shall take place in the federal judicial district of your residence.
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.
For a copy of the procedures, to file a Claim or for other information about this organization, contact it at: AAA, 335 Madison Avenue, New York, NY 10017, or at https://www.adr.org/.
All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
This arbitration provision shall survive: (i) the termination of this Agreement; (ii) the bankruptcy of any party; or (iii) any transfer, sale or assignment of Uber Cash or the underlying Gift Card, or any amounts owed in Uber Cash or the underlying Gift Card, to any other person or entity. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.
IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION PROVISION, DO NOT REDEEM OR USE YOUR UBER CASH. SAVE YOUR RECEIPT AND CALL 1-866-271-1623 TO REQUEST A REFUND OF YOUR UBER CASH PURCHASE AND CANCEL THE UNDERLYING GIFT CARD.