Uber Cash Terms of Use | Switzerland

Uber B.V. makes Uber Cash available to users on the Uber platforms. These Uber Cash terms of use (“Uber Cash Terms”) constitute a legally binding agreement between you as a user and Uber (each as defined below).

1. Uber Cash Terms & General Terms

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

1.2 These Uber Cash Terms:

1. supersede any prior terms or agreements with you in respect of Uber Cash; and
2. only relate to the use, reloading and redemption of Uber Cash as a Payment Method and do not apply to alternative Payment Methods or to the services purchased with Uber Cash.

1.3 You can download a digital copy of these Uber Cash Terms from the Uber website at any time.

1.4 The provisions of the General Terms of Use (“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, these 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.

“Appeasements” means non-refundable credits issued to you by Uber as Uber Cash as a gesture of goodwill, for example where you have had a bad experience or service in respect of 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 application or website.

“General Terms” means Uber’s terms and conditions as made available here, as amended or restated from time to time.

“Issuer” means Uber B.V. as the issuer of Uber Cash, as referred to under section 3.1(a), in the Territory.

“Loading Method” has the meaning set out in Section 4.1.

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

“Promo Credits” means non-refundable promotional credits issued to you by Uber as Uber Cash in connection with promotional (or promo) codes which are issued subject to the General Terms and any other additional or specific terms that Uber establishes (including with respect to expiration) on a per promotional code basis as communicated to Users on the promo code and / or via Uber’s mobile application or website.

“Privacy Notice” means Uber’s Privacy Notice, as amended or restated from time to time.

“Territory” means Switzerland.

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

“Transaction” means the purchase of goods or services offered by a Third Party Provider or of Uber Provided Services via Uber’s mobile applications and/or website.

“Uber” means Uber B.V., a private limited company established in the Netherlands, with its head office situated at Burgerweeshuispad 301, 1076 HR, Amsterdam, the Netherlands, and registered with the Chamber of Commerce under number 56317441.

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

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

“Uber Provided Services” has the meaning set out in the General Terms.

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

“Wallet” means the digital wallet linked to your Uber account in which we administer your Uber Cash balance.

“we” or “us” means Uber.

3. What is Uber Cash?

3.1 “Uber Cash” is

1. where available, an electronically stored value balance in your Wallet that represents a claim on Issuer, issued by Issuer on the receipt of funds from you; and
2. any Appeasements and Promo Credits provided to you by Uber;

which may be used as part or full payment for eligible Transactions (subject to applicable terms and conditions).

3.2 In order to use Uber Cash, you will need to load sufficient funds to your Uber Cash balance in accordance with section 4. After loading the funds, you can use Uber Cash for Transactions as set out in section 5 and on the conditions set out in the remainder of these Uber Cash Terms.

3.3 You will not earn interest or any other benefit over the Uber Cash balance held in your Wallet.

3.4 For the avoidance of doubt, Uber Cash is only a payment instrument and cannot be treated as a consideration for a supply or a voucher. The existence of Uber Cash in your Wallet (or otherwise linked to your Uber account) does not guarantee in any way that services and/or goods will be offered to you by independent parties operating on the Uber platform.

4. Loading Uber Cash

User Funded Uber Cash

4.1 You may load your Uber Cash balance by any one or more of the following loading methods (where made available in Uber’s mobile applications and/or on its website from time to time):

1. debit card;
2. credit card; or
3. any other available loading method (for example gift cards) (each a “Loading Method”).

4.2 If available, to top up your Uber Cash balance using a Gift Card, follow the instructions provided with the Gift Card. This is subject to the Gift Card Terms which may be located at the Uber website (uber.com/legal) for the Territory, as applicable.

4.3 Subject to applicable law and section 4.6, where we offer you the option to receive a refund on a Transaction as Uber Cash instead of a refund to your original payment method and you agree to receive Uber Cash, Uber will load such Uber Cash into your Wallet. Uber may apply specific terms and conditions to such Uber Cash including in respect of expiry.

4.4 Your Uber Cash balance will be increased with an amount equivalent to the amount of funds you transferred to Issuer or its designated custodian by using an eligible Loading Method.

Uber or Third Party Funded Uber Cash

4.5 Appeasements and Promo Credits will be applied by Uber directly to your Wallet. Promo Credits may be provided to you by Uber or a third party physically, by SMS or email. To add Promo Credits to your Wallet follow the instructions provided to you with the physical promo code, SMS or email.

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

4.7 We may impose a maximum amount by which you may load your Uber Cash balance or limit the number of times you may load your Uber Cash balance within a specified period.

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. For example if your Uber Cash balance is not sufficient to cover the price of your Transaction.

5.2 We reserve the right to modify the type of Transactions for which Uber Cash can be used as a Payment Method.

5.3 Uber Cash is not transferable to other users or otherwise.

5.4 When you enter into a Transaction and select Uber Cash as a Payment Method, you consent to Uber or the Third Party Provider involved in that Transaction initiating a payment transaction with your Uber Cash balance upon completion of the Transaction. If you owe Uber any fees or charges in relation to the Transaction, you consent to Uber initiating a payment transaction with your Uber Cash balance upon completion of the Transaction.

5.5 Completion of a payment transaction using Uber Cash will result in an immediate and irrevocable debiting of your Uber Cash balance. Your Uber Cash balance will be debited for the Transaction amount including any applicable taxes, fees or charges imposed by the Third Party Provider or Uber.

5.6 In principle, your use of the Wallet and Uber Cash is free of charge. However, we may start charging costs after you have not used your Uber Cash balance during a certain period of time. Such costs shall be reasonable and based on our costs for maintaining your Uber Cash balance. Before we start charging costs we will provide you with a certain period of time to redeem your Uber Cash balance free of charge, in line with section 7.

5.7 We reserve the right to suspend your use of Uber Cash as a Payment Method for objectively justified reasons relating to the security of the Wallet and the Uber Cash balance or the suspicion of unauthorised or fraudulent use of the Wallet. We will notify you of such suspension and the reasons for it prior to such suspension where possible, or at the latest immediately thereafter. You can contact us in relation to your suspension using the contact information detailed in section 15. We will not notify you of the suspension if this would compromise objectively justified security reasons or is prohibited by prevailing laws and regulations. We will reactivate your use of the Wallet once the reasons for suspension no longer exist.

6. Auto-refill Uber Cash

6.1 Uber may offer you the option to automatically refill your Uber Cash balance from time to time (“auto-refill”). Auto-refill is only available where you have added an eligible Loading Method for your Wallet. If made available, you may opt to have one of these Loading Methods automatically charged by an agreed auto-refill amount whenever your Uber Cash balance drops to a specified minimum threshold as determined by Uber.

6.2 By choosing auto-refill, you authorize Uber on a continuing basis to charge an eligible Loading Method selected by you for payment transactions for the relevant auto-refill amounts. You can choose to turn off the auto-refill feature any time before the next charge. The selected auto-refill amount and threshold will continue to apply until you turn it off.

6.3 If the auto-refill is somehow reversed and you have already spent the Uber Cash associated with the reversed auto-refill, you will owe Uber the amount of the reversed auto-refill and you will be required to pay the reversed auto-refill amount through another Loading Method. In case of such a reversal, we may suspend the use of Uber Cash by you.

7. Redemption

7.1 Subject to section 7.2, Uber Cash may not be redeemed 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.

7.2 Where redemption is required by law, you may request Uber to redeem the monetary value of your Uber Cash balance in whole or in part at any time. Uber Cash can only be redeemed through the same Loading Method you used to load your Uber Cash balance or, where made available or required by us, a transfer to your bank account or alternative payment method. Uber Cash cannot be redeemed for cash. We may request you to provide us with certain information in order to process your redemption request. We will not charge any fees for a redemption.

8. Expiry of Uber Cash

8.1 Subject to section 8.2 below, Uber Cash will not expire (including, for the avoidance of doubt, where a discount has been applied by Uber to your loading of Uber Cash).

8.2 Appeasements and Promo Credits which are offered by Uber or a third party and made available to you by Uber as Uber Cash may be subject to an expiration date which will be communicated to you in the Application or in specific terms and conditions applicable to such Appeasements or Promo Credits.

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

9.1 In order to ensure your security, prevent fraud or identity theft and comply with anti-money laundering and counter terrorist financing laws and regulations (as applicable), we may request information from you at the time of loading your first Uber Cash to confirm your identity, to allow you to open and maintain a Wallet and to 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.

9.2 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.

9.3 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.

10. Authentication & security

10.1 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 applications and/or website 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 applications and/or website relating to your use of Uber Cash. This will help us ensure that it is you who is accessing your Wallet and Uber Cash.

10.2 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 (i) you should not write down or save these credentials, (ii) if you can choose a security code yourself, you make sure it is not easy to guess, (iii) you should make sure no-one can watch while you are entering a personalised security credential, (iv) you must never share a security code, whether via phone, e-mail or otherwise.

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

11. Notification of unauthorised transactions

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. 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 or Loading Method.

12. Liability for non-executed or defectively executed transactions

Uber is liable to you for payment transactions using Uber Cash which it did not or defectively execute. Its liability to you for such transactions is limited to the amount of the relevant transaction. We are not liable for any indirect or consequential damages you incur.

13. Liability in cases of abnormal and unforeseeable circumstances

We will not be liable 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 national laws.

14. Amendment of Uber Cash Terms

We may amend these Uber Cash Terms at any time. We will notify you within a reasonable time prior to such amendments entering into effect. The amended Uber Cash Terms will apply to you unless you inform us you do not accept them in which case you may terminate the Uber Cash Terms free of charge before the amendments come into effect. If you do not terminate the Uber Cash Terms before the amendments come into effect, the amended Uber Cash Terms will apply to you.

15. Information provision

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

16. General information

You can contact us at help.uber.com.

17. Privacy

We collect, use and disclose information from or about you as described in our Privacy Notice, and as described in section 8 for identity verification purposes. 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.

18. Miscellaneous Terms

18.1 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, the Parties shall 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.

18.2 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, without the prior written consent of Uber. Uber has 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.

18.3 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.

19. Language

We will communicate with you in English. If applicable, where we provide you with a translation of the Uber Cash Terms, 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.

20. Term and termination

20.1 These terms are 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 applications and/or website or by closing your Uber account. When you terminate the General Terms in accordance with their terms, we will consider this to also include termination of these Uber Cash Terms.

20.2 Uber may (subject to any prevailing laws) terminate these Uber Cash Terms with respect to you taking into account a notice period of at least two months.

21. Complaints

You can notify us of any complaints regarding Uber Cash through Uber’s mobile applications and/or website. If, after having followed our complaints procedure, you are not satisfied with the outcome, you may choose to file a suit with a local civil court.

In countries where online dispute resolution platforms have been established pursuant to applicable regulations, Uber does not commit to using an online dispute resolution platform to resolve consumer disputes.

22. Applicable Law and Jurisdiction

The Uber Cash Terms are exclusively governed by the laws of the Territory, excluding its rules on conflicts of laws. However, if you reside in the Territory, statutory consumer protection regulations in your country of residence that are more beneficial for you may apply. 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, shall be settled as follows. If you are a consumer and reside in the Territory, you may bring judicial proceedings relating to these terms before the competent court of your country of residence. We may only bring judicial proceedings against you in your country of residence in the Territory.