Uber Cash Terms of Use (Hong Kong)

Uber B.V., a private limited company incorporated under the laws of the Netherlands, with its registered office at Burgerweeshuispad 301, 1076 HR, Amsterdam, the Netherlands, or its affiliate makes available Uber Cash to users on the Uber platforms in the Territory. These Uber Cash terms of use (“Uber Cash Terms”) constitute a legally binding agreement between you as a User and Uber B.V. (“we”, “us”, or “our”).

1. Uber Cash Terms & General Terms

1.1 By using Uber’s mobile applications and/or websites for accessing or using Uber’s Services and using Uber Cash, you agree that you have understood and agreed to these Uber Cash Terms.

1.2 These Uber Cash Terms:

(a) supersede any prior terms or agreements with you in respect of Uber Cash; and

(b) only relate to the issuance and redemption of Uber Cash, and the use of Uber Cash as a Payment Method; and

(c) do not apply to alternative Payment Methods or to the services purchased with Uber Cash.

1.3 The provisions of the General Terms also apply to your use of the Wallet and Uber Cash. In the event of a conflict between the Uber Cash Terms and the General Terms regarding Uber Cash, the Uber Cash Terms prevail.

2. Definitions

All capitalized terms in these Uber Cash Terms have the meaning set forth in the General Terms, unless otherwise defined in these Uber Cash Terms.

2.1 “Appeasements” means non-refundable, non-transferable, non-exchangeable credits issued to you by us as Uber Cash (a) as a gesture of goodwill, for example where you have had an unpleasant experience or service in respect of a Transaction; or (b) subject to your consent and applicable law, in lieu of a refund to your original payment method for a Transaction. Appeasements are issued subject to these Uber Cash Terms, the General Terms and any specific terms established by Uber (including with respect to expiration) as communicated to you via Uber’s mobile applications or websites.

2.2 “General Terms” means Terms and Conditions published on the Uber website (https://www.uber.com/legal/en/document/?name=general-terms-of-use&country=hong-kong&lang=en), as amended or restated from time to time.

2.3 “Payment Method” means a method of payment within your Uber account for Transactions within the Territory.

2.4 “Promo Credits” means non-refundable and non-transferable promotional credits issued to you by us as Uber Cash after the redemption of a Promo Code or other instrument, subject to these Uber Cash Terms, the General Terms and any other additional or specific terms that Uber establishes (including with respect to expiration) on a per instrument basis as communicated to Users by Uber, including but not limited to via its mobile application(s) or website(s).

2.5 “Promo Code” has the meaning set out in the General Terms.

2.6 “Privacy Notice” means Uber’s Privacy Notice published on the Uber website (https://www.uber.com/legal/zh-hk/), as amended or restated from time to time.

2.7 “Redeem”, “redeemed”, and “redemption”, in relation to a Promo Code or other instrument issued by us, means the act(s) performed by a User to convert the value represented by the Promo Code or other instrument to Uber Cash balance in the User’s Wallet.

2.8 “Territory” means the Hong Kong Special Administrative Region.

2.9 “Third Party Provider” has the meaning set out in the General Terms.

2.10 “Transaction” means the purchase of goods or services offered by a Third Party Provider or of Uber Provided Services via Uber’s mobile application(s) and/or website(s) pursuant to the General Terms.

2.11 “Uber” means Uber B.V. and/or its affiliates.

2.12 “Uber Cash” has the meaning set out in section 3.1.

2.13 “Uber Cash Terms” means these Uber Cash terms of use, as amended or restated from time to time.

2.14 “Uber One Credits” means any non-refundable, non-transferable, non-exchangeable Uber Cash which are issued to you as an earned benefit in accordance with the Uber One Terms and Conditions (as amended from time to time).

2.15 “Uber Provided Services” means any services provided directly to you by Uber via its mobile applications and/or website(s).

2.16 “User” or “you” means you as the individual holding the Wallet.

2.17 “Wallet” means the digital wallet linked to your Uber account in which your Payment Methods, including your Uber Cash balance, is displayed.

3. What is Uber Cash?

3.1 “Uber Cash” is a form of value available to pay or part-pay for Transactions. It is comprised of (a) Appeasements; (b) Promo Credits; (c) credits earned by you or issued to you in accordance with an offer, an Uber One membership as an Uber renewable membership product (subject to their applicable terms and conditions), including Uber One Credits; and (d) other discretionary grants of Uber Cash by Uber or a third party, offered in the Territory from time to time and subject to applicable law.

3.2 You will not earn interest or any other benefit on your Uber Cash balance.

4. Issuing and Loading Uber Cash

4.1 It is not permissible for you to purchase and load Uber Cash into your Wallet in the Territory.

4.2 Appeasements and other issues of Uber Cash described in section 3.1(c) will be credited directly to your Wallet.

4.3 Promo Codes or other instruments redeemable for Promo Credits may be provided to you by Uber or a third party physically or digitally, such as by SMS or email. Such instruments do not constitute Uber Cash, and may not be used as a Payment Method, until they are redeemed. To redeem the Promo Code or other instrument, follow the instructions provided to you with the Promo Code. Upon redemption, the value represented by the Promo Code or other instrument will be reflected as Uber Cash balance in your Wallet.

4.4 We may be unable to, or we may refuse a request to, credit your Uber Cash balance, for example if doing so makes your balance exceed a threshold determined by us or specified by applicable law.

4.5 We may impose a maximum amount on your Uber Cash balance or limit the number of times your Uber Cash balance may be credited within a specified period. We will notify you of these limits from time to time via email or Uber’s mobile applications and/or website(s).

5. Using Uber Cash

5.1 You can use Uber Cash as a Payment Method provided that you have an active and valid Uber account. We may require you to add a secondary Payment Method to be able to use Uber Cash as a Payment Method.

5.2 Uber Cash will automatically be applied to an eligible Transactions as a Payment Method. If you wish to use an alternative Payment Method, you must change your Payment Method via the Uber mobile application(s) and/or website(s) before making the Transaction. Uber Cash may only be used to pay for Uber Provided Services and services provided by any Third Party Providers and is not otherwise transferable. We reserve the right to modify the type of Transactions for which Uber Cash can be used as a Payment Method.

5.3 When you enter into a Transaction and use Uber Cash as a Payment Method, you consent to Uber debiting your Uber Cash balance upon completion of the Transaction. Your Uber Cash balance will be debited for the Transaction amount (or part thereof if your Uber Cash balance is not sufficient to cover the Transaction amount) including any applicable taxes, fees or charges imposed by applicable laws and regulations, the Third Party Provider and/or Uber.

5.4 Your use of the Wallet and Uber Cash is free of charge. We will inform you (in accordance with applicable law) of changes to this section.

5.5 You must not access and use Uber Cash for or on behalf of any third party, except as permitted by Uber. You must use Uber Cash in compliance with all applicable laws and these Uber Cash Terms, the General Terms, and other terms applicable to your use of Uber’s mobile application(s) and/or website(s).

5.6 We reserve the right to suspend your access to or use of Uber Cash where:

(a) we reasonably suspect unauthorized or fraudulent use of the Wallet or Uber Cash balance, or that security of the Wallet or Uber Cash balance is compromised;

(b) you have, or are likely to, breach these Uber Cash Terms or the General Terms, or other terms applicable to your use of Uber’s mobile application(s) and/or website(s);

(c) you have, or are likely to, breach any applicable law while using Uber Cash;

(d) you do not, or are likely not to, qualify under applicable law or the standards or policies of Uber, to access or use Uber Cash; and/or

(e) required or permitted by applicable law.

We will notify you of such suspension and the reasons for it prior to such suspension where possible, or at the latest immediately thereafter. We will not notify you of the suspension if this would compromise reasonable security measures or if this is prohibited by applicable laws. We may reactivate your access to and/or use of Uber Cash once the reasons for suspension no longer exist.

6. Not redeemable or exchangeable

Uber Cash may not be redeemed or exchanged for cash or as a credit to an alternative Payment Method. You can contact us in relation to any concerns you may have by using the contact information detailed in section 15.

7. Expiry of Uber Cash

Uber Cash which is offered by Uber or a third party and issued to you by us as Uber Cash may be subject to an expiration date which will be communicated to you via Uber’s mobile application(s), website(s), and/or in specific terms and conditions applicable to such Uber Cash issuances. Such expiration date will also be displayed in your Wallet.

8. Customer identification, fraud identification and anti-money laundering

8.1 In order to ensure your security, prevent fraud or identity theft and (if applicable) comply with anti-money laundering and counter terrorist financing laws and regulations (as applicable), we may request information from you to confirm your identity, before you may open and maintain a Wallet or use Uber Cash. We may also request you for additional information or documents to verify your information from time to time. This is one way that we try to make sure that the only person who can access your Wallet and Uber Cash is you.

8.2 We may delay, suspend or block your access to and use of Uber Cash until you comply with these information requests or other verification steps that may be required by Uber at any time.

8.3 Uber may, from time to time, be required to undertake financial crime screening to comply with applicable laws or regulations. You agree to assist Uber and cooperate with any requests for information in this respect.

9. Authentication and security

9.1 If required by applicable law, we may require you to provide us with personalised security credentials, such as passwords, PIN codes, access codes (for example confirmation codes provided through Uber’s mobile application(s) and/or website(s) or via SMS) or by using on-device biometric verification methods. Such personalised security credentials will be used to authenticate any instruction you give us through Uber’s mobile application(s) and/or website(s) relating to your use of Uber Cash. This will help us ensure that it is you who is accessing your Wallet and Uber Cash is by you.

9.2 You agree to take all reasonable steps to keep your personalised security credentials safe. This means that you must use your personalised security credentials with care and keep them secret. This for example means that (a) you should not write down or save these credentials, (b) if you can choose a security code yourself, you make sure it is not easy to guess, (c) you should make sure no one can watch while you are entering a personalised security credential, (d) you must never share a security code, whether via phone, e-mail or otherwise.

9.3 You must make sure that any device on which you access Uber’s mobile applications and/or website(s) is safe and secure. This for example means that you (a) make sure that the software used on your device is up to date and legal, (b) use a password to safeguard access to the device, (c) make sure your Uber account cannot be used by any unauthorised parties, and (d) log out when you are finished using your Uber account.

10. Liability for unauthorised transactions

10.1 You agree to notify us immediately upon becoming aware of any fraudulent activity or theft or unauthorised use of or a payment transaction involving your Uber Cash (an “unauthorised transaction”). Notifications may be made free of charge. You are still responsible for informing your financial institution or payment services provider of any fraud related to your payment card.

10.2 You are not liable for any unauthorised transactions, except where you have acted fraudulently or where you intently or grossly negligently (a) acted in breach of the Uber Cash Terms, (b) failed to notify us in accordance with section 10.1, or (c) failed to act in accordance with sections 9.2 and 9.3. In those cases, you will bear the losses relating to any unauthorised payment transactions except where a court of law determines otherwise. You are not liable for unauthorised transactions which occurred after you notified us in accordance with section 10.1, except where you have acted fraudulently.

10.3 Subject to your compliance with section 10.1, and unless you are liable for an unauthorised transaction under section 10.2, we will refund you the amount of an unauthorised transaction paid for in whole or in part using Uber Cash. If the transaction disputed by you was in fact properly authorised, we may choose to reverse the refund and debit your Uber Cash balance accordingly.

11. Liability for non-executed or defectively executed transactions

We are liable to you for payment transactions using Uber Cash which we did not execute in accordance with these Uber Cash Terms, or executed defectively. Our liability to you for such transactions is limited to the amount of the relevant transaction. We are not liable for any indirect, special or consequential damages you incur.

12. Liability in cases of abnormal and unforeseeable circumstances

We will not be liable under these Uber Cash Terms in cases of abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite our efforts to the contrary, or where we are bound by other legal obligations covered by applicable laws.

13. Amendment of Uber Cash Terms

We may amend these Uber Cash Terms at any time. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Uber Cash Terms, as amended.

14. Information provision

You can review your Uber Cash transactions and balance by logging into your Uber account at any time. You can locate a digital copy of this information through Uber’s mobile application(s) and/or website(s). The Uber Cash balance displayed in your Uber account will serve as conclusive evidence of your Uber Cash balance.

15. General information

You can contact us at help.uber.com or through the Help feature located in the Uber application and Uber Eats application.

16. Privacy

We collect, use and disclose information from or about you as described in our Privacy Notice. Additional privacy notices may apply, including from third party controllers, for Uber Provided Services or Third Party Services, and will be provided to you at the moment such services will be provided to you.

17. Miscellaneous Terms

17.1 If any section of these Uber Cash Terms is deemed to be invalid, void or for any reason unenforceable, for example due to overriding provisions of consumer protection laws in the Territory, whether in whole or in part, that section or part of that section shall be deemed severable and will not affect the validity and enforceability of any remaining sections of these Uber Cash Terms. In addition, Uber may replace the relevant section or part of that section by provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid, void or otherwise unenforceable section or part of that section, given the contents and purpose of these Uber Cash Terms.

17.2 You do not have the right to assign or transfer the Uber Cash Terms or the rights or obligations arising from it, in whole or in part. We have the right to novate, assign or transfer the Uber Cash Terms or the rights or obligations arising therefrom in whole or in part without your permission provided this will not lead to a reduction of the rights you are entitled to by virtue of these terms or by law.

17.3 You confirm that there are no external beneficiaries to these Uber Cash Terms. Nothing that is included in the Uber Cash Terms is intended, or may be construed as creating claims on behalf of third parties.

18. Language

If applicable, where we provide you with a translation of the Uber Cash Terms in Chinese, this is for your convenience only. The English language version of the Uber Cash Terms is binding and will prevail in the event of a conflict with a version in a language other than English.

19. Term and termination

19.1 These terms are valid and applicable for an undefined duration. You can terminate your use of the Wallet and the applicability of these Uber Cash Terms at any time via Uber’s mobile application(s) and/or website(s) or by closing your Uber account. When you terminate the General Terms in accordance with its terms, we will consider this to also include termination of these Uber Cash Terms.

19.2 We may (subject to any applicable laws) terminate these Uber Cash Terms with respect to you taking into account a notice period at its reasonable discretion.

19.3 Subject to any applicable laws, all Uber Cash balance available in your Wallet will immediately expire and will be forfeited upon the termination of these Uber Cash Terms.

20. Complaints

You can notify us of any complaints regarding Uber Cash by using the contact information detailed in section 15.

21. Applicable Law and Jurisdiction

The Uber Cash Terms are exclusively governed by the laws of the Netherlands, 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 or controversy, howsoever arising out of or broadly in connection with or relating to the Uber Cash Terms, including those relating to its validity, its construction or its enforceability (“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 Arbitration Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Arbitration Rules. The place of both mediation and arbitration shall be Amsterdam, The Netherlands, without prejudice to any rights you may have under Article 18 of the Brussels I bis Regulation (OJ EU 2012 L351/1) and/or Article 6:236n of the Dutch Civil Code. 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: (a) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (b) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.