You hereby accept and agree to these Uber Consumer Vouchers Terms and Conditions (“Consumer Vouchers Terms”). PLEASE READ THESE CONSUMER VOUCHERS TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND UBER TECHNOLOGIES, INC., A DELAWARE CORPORATION (“UBER”).
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.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH IN THE TERMS CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH UBER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
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 account of an Authorized User that is accessible through the Uber App and is enabled for use of the Uber Services.
1.2. “Affiliate” means with respect to any entity, any other entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, such entity, where “control” (including the terms “controlled by” and “under common control with”) means the possession, directly or indirectly, of at least fifty percent (50%) of the voting equity of another entity, or the power to vote such voting equity, by contract or otherwise.
1.3. “Authorized User” means an individual that has received one or more Uber Vouchers that were created by you.
1.4. “Personal Data” means any information that can reasonably be used to identify an individual and any other data that may otherwise be considered Personal Data.
1.5. “Program” means a circumstance or set of circumstances for which you want to provide Authorized Users with an Uber Voucher to use in connection with the Uber Services.
1.6. “Redemption Value” means the maximum amount for which any single Uber Voucher may be utilized by an Authorized 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 that allow users to access and use Uber Services, as may be updated by Uber from time to time.
1.8. “Uber Service” means Uber’s virtual marketplace platform that, when used in conjunction with the Uber App, serves as an intermediary between (a) users who are looking for a certain type of service (including, without limitation, ground transportation, logistics, delivery, food purchases and related food delivery services), and (b) independent third-party providers of such services.
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 utilization requirements and limitations established by you, (ii) the terms of these Consumer Vouchers Terms, and (iii) other restrictions and limitations as Uber may determine from time to time that are generally applicable to all discount codes generated by Uber.
1.10. “User Charges” means charges incurred by Authorized 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. “Utilization Amount” means the exact monetary amount of an Uber Voucher an Authorized User utilized for User Charges.
2.1. Utilization Amount. You are required to pay Uber the Utilization Amounts on a schedule determined by Uber (such as daily) via your credit card designated in your Account. Uber will place an authorization 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 a fare exceeds the Uber Voucher value for an individual transaction, the balance shall be charged to such Authorized User’s payment method on file in their Active Account.
2.2. Voucher Creation Fee. In consideration for creating an Uber Voucher and related services, at Uber’s discretion you may be required to pay Uber a voucher creation fee (“Voucher Creation Fee”) for each Uber Voucher created. If applicable, the amount of the Voucher Creation Fee will be specified on the Uber Vouchers platform and will be charged at the time of Voucher creation to the credit card designated in your Account and will be non-refundable after the Uber Voucher or Program is created, regardless of whether the Uber Voucher is ultimately utilized. For the avoidance of doubt, the Voucher Creation Fee is not a fee to access Uber Vouchers or any other aspect of Uber’s platform.
2.3 Sales Tax. Voucher Creation Fees payable under this agreement are exclusive of any applicable sales taxes, excise tax, use tax, value added tax, products and services tax, consumption tax or other like amounts assessed by any government agency (“Sales Taxes”) arising as a result of payment of Voucher Creation Fees. Where applicable, Uber will charge and collect Sales Taxes in the same manner as Voucher Creation Fees.
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 Authorized Users in the event of any unpaid Utilization 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 Utilization 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.
3.1. 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 Authorized Users. Uber shall run such Programs only 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 Authorized Users (a “Single Code”); or (b) individualized Uber Vouchers that you can distribute to each Authorized User, which are limited to one code per person, and can only be used by the first person who redeems the code (each an “Individualized Code”). You acknowledge and agree that Single Codes and Individualized Codes may not be used as intended if an Authorized User shares the code with a non-Authorized 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.
18.104.22.168. Single Codes. For any Program that utilizes a Single Code, you may limit the number of times such code can be used; provided, however, you (a) must clearly and conspicuously disclose to each Authorized User that use of the code is not guaranteed, and (b) must clearly and conspicuously disclose the material terms and conditions of each Single Code to each Authorized User. You acknowledge and agree that: (1) a Single Code may be used by consumers (including non-Authorized 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 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) Authorized Users who were targeted to receive such Uber Voucher but were not able to use the Single Code or (ii) you for Uber’s non-fulfillment of the Uber Voucher as a result of usage limitations set by you.
22.214.171.124. Individualized Codes. For any Program that utilizes Individualized Codes, it is your responsibility to correctly deliver such codes to Authorized Users and to clearly and conspicuously disclose the material terms and conditions of each Individualized Code to each Authorized User. You acknowledge and agree that: for any individual that tries to access an Individualized Code after such code has expired, Uber will direct such individual to contact you about such expired Individualized Code. Notwithstanding, you acknowledge and agree that in no event will Uber be liable to (i) Authorized Users who were targeted to receive such Uber Voucher but were not able to use the Individualized Code 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 Authorized User by requesting that Uber deliver such Uber Voucher to the Authorized User via short message service (“SMS”) or by another agreed upon delivery method such as email (each an “Uber Delivered Voucher”). Prior to creating an Uber Delivered Voucher, you shall obtain consent from the Authorized User, or rely on another appropriate legal basis for sharing such Personal Data, and submit to Uber the following information with respect to such Authorized User: (a) first and last name; and (b) active telephone number and/or email address (collectively, “Authorized User Data”). You shall ensure that any Authorized User Data you provide to Uber is accurate and complete, and Uber shall not be liable to you, any Authorized User, or any other party with respect to inaccurate or incomplete data supplied by you, or if you failed to comply with the above-mentioned 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 Authorized User receiving such Uber Voucher (e.g., an Authorized User cannot be located in New York, New York and receive a code that is only valid in San Francisco, California).
3.3. Restrictions of Use. You cannot use Uber Vouchers with any third-party promotion, agreement, relationship, marketing event, partnership, or any other use case without Uber’s prior written consent. You agree you will not apply, or allow to be applied, the Uber Voucher to an Active 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 Authorized Users; or (2) cancel a Program in its entirety, in which case you shall immediately notify all Authorized Users you distributed a Voucher code to that such Program is cancelled, and that you, and not Uber, made the decision to do so. You acknowledge and agree that if you modify or cancel a Program: (1) you remain financially responsible to Authorized Users who received an Uber Voucher from you, whether or not the Authorized 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 will direct such individual to contact you about any modification or cancellation issues. Notwithstanding, you acknowledge and agree that in no event will Uber be liable to: (i) Authorized 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. Distribution and Messaging Related to Uber Vouchers.
3.5.1. Marketing and Resale Prohibited. You are permitted only to distribute Uber Vouchers to Authorized 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 Authorized Users. In the event you are delivering Uber Vouchers to Authorized Users, you will receive Uber Vouchers in the form of code links, that you may deliver to Authorized Users via email or, if you have the proper consents under the Telephone Consumer Protection Act ("TCPA"), short message service (“SMS”) message. In the event that you deliver such Uber Vouchers via email, or other communication channels in accordance with applicable laws, you shall ensure that you are the sole sender of the email as defined by the CAN-SPAM Act and applicable data privacy laws, marketing and/or consumer regulation or guidelines and that Uber does not appear as the sender of such email. In the event that you deliver such Uber Vouchers via SMS, you shall ensure that you have affirmative written consent from all Authorized Users to send them such messages and will make clear in the message that it is being sent by you (as opposed to Uber). 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 Distribution Communications. You shall ensure that any delivery or distribution by you of an Uber Voucher to an Authorized User, or any communication related thereto, shall include any provision that would be required under applicable laws. Do not use the word “free” to characterize 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 Authorized User, or any communication related thereto, shall include a prominent disclaimer notifying the Authorized User that: (a) such Uber Voucher may only be redeemed for specific types of [rides/orders] requested via the Uber App (e.g., for meal delivery or for specific ride types through the Uber App): (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 Authorized User, Uber Voucher value is not transferable to other Uber accounts, users or products; (g) the Authorized 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 utilize an Uber Voucher pursuant to these Consumer Vouchers Terms, such proposed Authorized User must have an Active Account to activate such Uber Voucher.
3.6.2. Violations. You acknowledge that certain proposed Authorized Users may be suspended or banned from use of the Uber Service due to future or past violations of the Terms or Community Guidelines, available at https://www.uber.com/legal/en/document/?name=general-community-guidelines&country=united-states&lang=en (“ Violations”), and that Uber shall have no obligation or liability related to a proposed Authorized User that is unable to obtain, maintain, or use Uber Vouchers due to Violations. In the event that an Authorized User’s Active Account is suspended or terminated pursuant to the Terms, such Authorized 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 authorize 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 Authorized User related to use of the Uber Vouchers. Uber reserves all rights not expressly granted to you or Authorized Users under these Consumer Vouchers Terms.
4.1. Uber Vouchers must be used by the recipient for personal use and cannot be resold by the recipient.
4.2. You are responsible for lost, stolen, or misused Uber Vouchers unless otherwise required by law.
4.3. Uber reserves the right to close or suspend your, or any Authorized User’s, account, adjust balances and/or request alternative forms of payment if Uber determines in its sole discretion that an Uber Voucher is or has been fraudulently obtained or used.
4.4. Uber may cease offering the Uber Vouchers program at any time and for any reason.
5.1. Limited 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. You are prohibited 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 Authorized Users and consistent with Section 3.5.3. You are prohibited 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. Uber Trademarks will at all times remain the exclusive property of Uber. Except as expressly set forth herein, Uber does 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. Uber reserves the right to immediately suspend your access to Uber Vouchers and suspend any or all access to Uber Vouchers by Authorized Users in the event Uber, 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 Authorized 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.
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, CAN-SPAM, data privacy, TCPA, and any other applicable consumer protection regulation or guideline); (d) you are responsible for the full cost of all Uber Vouchers used, whether Single Codes, Individualized Codes, or Uber Delivered Vouchers, and whether or not used as intended by Authorized 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 Authorized 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.
7.1. Your Role. With respect to Uber Delivered Vouchers, you will provide Authorized 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 Authorized User: (a) to provide Authorized User Data to Uber; and (b) to receive SMS messages and emails from Uber, and for Uber to otherwise contact each Authorized User for the purpose of providing the Uber Service or to provide any communications pursuant to the Agreement.
8.1. 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 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 unauthorized 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 Authorized 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 Authorized Users.
8.2. Uber shall provide prompt notice to you of any potential claim subject to indemnification hereunder. You will assume the defense 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.