Uber Cash Purchase Agreement
By purchasing and/or using Uber Cash, you accept the following terms and conditions:
This Uber Cash Purchase Agreement ("Agreement") is between Uber Portier Canada Inc. (“Uber”) and the purchaser and/or redeemer of Uber Cash (“you”).
"Uber Cash" means: (i) a load amount value in the form of an Uber Gift Card (“Gift Card”); (ii) in some but not necessarily all cases, supplemental or “bonus” value provided to you as a promotion by Uber.
You must have an active and valid Uber account to purchase and to redeem Uber Cash, and your use of Uber Cash is subject to the Uber Terms of Use. Uber may from time to time request information from you to confirm your identity before it will allow use of your Uber Gift Card or remitting any amounts to you in order to comply with relevant anti-money laundering laws. Uber may delay your access to the Uber Cash, services and remittance of funds until you comply with this information request. Uber Cash may only be redeemed via the Uber app or the UberEATS app and used within Canada in cities where Uber or UberEATS, as applicable, are available. Uber Cash cannot be used with family profiles. Uber reserves the right to modify the scope of services for which Uber Cash can be redeemed. Uber Cash may not be redeemed outside of Canada, nor in Canadian cities where Uber or UberEATS are not available. No portion of Uber Cash is transferable to another party. 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.
You may be required to add a secondary payment method to use Uber Cash with the Uber app or UberEATS app. 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 Uber app and select the payment method before the Uber service is provided.
A Gift Card cannot be reloaded with additional funds after purchase and no fees apply to a Gift Card. The load value of Uber Cash in the form of a Gift Card(s) never expires; however, Uber Cash provided to you by Uber in the form of a promotion or otherwise may expire as determined by Uber. You will receive notice of any applicable expiration date upon receipt of 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 it off.
No portion of Uber Cash is refundable, returnable or redeemable for cash except where required by law. Any refunds for purchases made using Uber Cash will be credited in the form of Uber Cash. In Quebec only, if your balance is less than CDN $5.00, you can obtain a refund by contacting Uber Support. Uber is not responsible for unauthorized use of Uber Cash. Uber reserves the right to suspend or void their respective portions of Uber Cash if 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. Uber reserves the right to sell, transfer or assign the funds underlying Uber Cash to another issuer, without notice to you. 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. Your Uber Cash balance can be viewed in your account online or on the Uber app. For customer service, please visit Uber’s help page.
IMPORTANT: PLEASE READ THE FOLLOWING ARBITRATION REQUIREMENT. YOU WILL HAVE TO RESOLVE DISPUTES THROUGH ARBITRATION. YOU WILL NOT BE ELIGIBLE TO GET MONEY OR OTHER RELIEF THROUGH A COURT PROCEEDING.
ARBITRATION REQUIREMENT
You are free to get advice or representation from a lawyer about the arbitration requirement.
Unless prohibited by law, all disputes arising out of or relating in any way to: i) this Agreement; ii) the Gift Card; iii) your acquisition of the Gift Card; iv) your redemption of the Gift Card for use, or attempted use, within the Uber app; v) the amount of available funds on the Gift Card; or vi) advertisements, promotions or oral or written statements related to the Gift Card, will be finally and conclusively adjudicated and resolved by arbitration under the Arbitration Rules (“ADRIC Rules”) of the ADR Institute of Canada, Inc. (“ADRIC”), except as modified here. The arbitration will be in English or French as you choose. The arbitration may be held anywhere the arbitrator considers appropriate, including remotely by telephone or Internet.
The ADRIC Rules are available by, for example, searching <www.google.ca> to locate “ADRIC Arbitration Rules” or by clicking here. You can also contact ADRIC at 1-877-475-4353 or <www.adric.ca>.
You will have to pay some fees to arbitrate, as described in the ADRIC Rules.
However, before beginning the arbitration, the party with the claim will first try to informally negotiate with the other party, in good faith, a resolution of the dispute for not less than 30 days but no more than 45 days unless extended by agreement. During the negotiation period, any otherwise applicable limitation period will be tolled (temporarily suspended).
Nothing here prevents you from filing a claim with a government agency.
This arbitration requirement survives: (i) the termination of this Agreement; (ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment of the Gift Card, or any amounts owed on the Gift Card, to any other person or entity. If any part of it is deemed invalid or unenforceable, the other parts remain in force.
This Agreement is governed by and construed in accordance with the laws of Ontario, Canada, excluding its rules on conflicts of laws.
About