Drive Pass Terms and Conditions (India)

PARTIES

These Drive Pass Terms (“Pass Terms”) constitute a legal agreement between you, an individual (“you”) and Uber India Systems Private Limited, a private limited company incorporated under the laws of India, having corporate identity number U74120MH2013FTC247008 and having its registered office at Regus Business Platinum Centre Pvt. Ltd., Level 13 Platinum Techno Park, Plot No.17/18, Sec-30A, Vashi, Thane, Navi Mumbai, Maharashtra, India, 400705, also located at Plot No.300, 1st Floor, Sector-29, Gurgaon, Haryana - 122001 (“Uber”).

1. ENTERING INTO AN AGREEMENT
2. These Pass Terms apply to you from the date that your Drive Pass is purchased or automatically activated on your account, whichever comes first. A Drive Pass enables you to receive requests for transportation services from Users as further explained in Section 2 below (hereinafter referred to as the “Pass” or “Drive Pass”).
3. Each time you purchase a Pass and it is issued to you by Uber, or is automatically activated on your account, you expressly acknowledge that:
   1. you have read and understood these Pass Terms as well as any other specific terms, which may include important details and restrictions, including, but not limited to, where and when such Pass may be used, the cost or Rate, if applicable, Pass Benefits (as defined below), and the duration or validity period of the Pass (the “Validity”); and
   2. you agree to be bound by these Pass Terms and any other additional terms specified on your Pass in the Driver App or notified to you by Uber.
4. These Pass Terms are expressly incorporated into and made a part of the Uber Driver Terms, Privacy Policy, and Uber's Community Guidelines (collectively, “Uber Terms”). In the event of any conflict between these Pass Terms and the Uber Terms, these Pass Terms shall prevail as applied to the subject matter herein. Subject to the foregoing, undefined, capitalized terms in these Pass Terms will have the meaning set forth in the Uber Terms.
5. These Pass Terms and any supplemental or additional terms which Uber may provide from time to time, are the entire agreement between you and Uber in respect of Drive Pass.

2. How Drive Pass Works.

Drive Pass is a subscription-based service provided by Uber that entitles you to receive and accept unlimited trips during the Validity of the Pass.

A Drive Pass is required in order to receive and accept requests for Transportation Services from Users. While Drive Passes are generally prepaid, in certain cases, if your Drive Pass has expired or is inactive, you may still be able to go online and receive requests for Transportation Services. If you accept and complete any such request, a Drive Pass will automatically be activated and the applicable fee will be deducted from your wallet upon completion of the trip. You will be notified in the Driver App when this applies. By accepting a request for Transportation Services in such a case, you agree to the automatic purchase of the Drive Pass and to the associated fee being charged. For the avoidance of doubt, you may not purchase or hold multiple active Passes simultaneously.

Except where required by law, Drive Pass is non-refundable.

3. Selecting your Drive Pass.

Uber offers Passes of varying Validity (eg. 1 day, 7 days, 30 days, etc.). The cost of a Pass will depend on the Validity (the “Rate”) and will be presented to you in the Driver App.

4. Purchase and Activation.

You may be able to go online even if you have not purchased a Pass. However, a Pass will be required in order to accept and complete requests for Transportation Services. A Pass will be activated upon purchase or automatically upon acceptance of a request for Transportation Services, depending on availability. Subject to compliance with these Pass Terms, you will be able to receive unlimited requests for Transportation Services during the Validity period of the active Pass. The Validity period cannot be paused once the Pass is activated.

5. Changes to your Drive Pass.

Subject to applicable law, Uber reserves the right to modify or stop offering the Pass, or to change Pass Benefits or Rates, at any time in its sole discretion. If the Rates increase, or your Pass Benefits materially change, we will honor your existing Pass until its Validity runs out.

We may terminate your Pass at our discretion without notice. Where you are entitled to a refund in accordance with applicable law, please contact customer service using the Driver App. We will not give any refund for termination related to your conduct that we determine, in our sole discretion, violates these Pass Terms, the Uber Terms, any applicable law, or involves fraud or misuse of the Pass(s).

6. Benefits and Combining Promotions.

Notwithstanding the terms and conditions of other promotions offered through Pass, Uber in its sole discretion may permit or offer other benefits, which it may also allow to be combined with other promotions, subject to applicable law (the “Pass Benefits”).

7. Free Trial.

Uber and/or third parties on behalf of Uber may offer some Users a free trial or other promotional entitlement to Drive Pass. Such trial or promotional entitlement is subject to these Pass Terms except as otherwise stated in the offer. Only one trial or promotional entitlement is available per user. Free trial eligibility is determined by Uber at its sole discretion and Uber may limit such eligibility or duration to prevent fraud or abuse. Certain limitations may exist with respect to combining a free trial with any other offers.

8. Changes to these Pass Terms.

Uber reserves the right to modify these Pass Terms. If we make material changes while you have an active Pass, we will notify you either in the Driver App and/or via email. Revised Pass Terms become effective upon notification to you and any use of the Pass thereafter constitutes your acceptance of the revised terms.

9. Transfer of Rights.

Uber’s rights and obligations under the Pass Terms may be assigned or transferred by Uber to any other related or unrelated entity at any time, and performances shall be the responsibility of that entity.

10. Disclaimer.

All interpretations of these Pass Terms will be at Uber's sole discretion and Uber's decisions will be final.

Pass and/or any of its features may be unavailable, inaccurate or interrupted from time to time for a variety of reasons. We are not responsible for any unavailability, interruptions or errors of the Pass program or its features that are outside of Uber’s reasonable control. Uber may from time to time request information from you to confirm your identity. Uber may delay your access to Pass until you comply with this information request. Pass and all the information accessible through it are provided for information purposes only on an "as is" and "as available" basis. We, our information providers and their agents make no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, completeness, or the operation of Pass, the information, materials, content, availability, and products. Pass and these Pass Terms are provided by Uber and do not modify the contractual relationships among or between the individuals and entities that could be used to offer our services and Uber, except as expressly set forth herein. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, as well as liability for delays, lost profit, or property damage.

11. Contact Us.

If you have questions or comments regarding Drive Pass or Pass Terms, you may contact us through the Help section in the Driver App.