General Terms of Use - Macau
1. Contractual Relationship
These General Terms of Use (“Terms”) govern the access or use by you, an individual, of applications, websites, content, products, and services (collectively, the “Services” as fully defined below) made available by Uber B.V., a private limited liability company established in the Netherlands, having its offices at Burgerweeshuispad 301, 1076 HR, Amsterdam, the Netherlands, registered at the Amsterdam Chamber of Commerce under number 56317441 (“Uber”).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Uber. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Uber may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion and terms relating to the Services fulfilled via any other technology platform, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Uber may amend the Terms related to the Services from time to time. Amendments will be effective upon Uber’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Our collection and use of personal information in connection with the Services is as provided in Uber’s Privacy Notice located at https://www.uber.com/privacy/notice. Uber may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (as defined below) and such information or data is necessary to resolve the complaint, dispute or conflict.
2. The Services
The Services constitute access to a technology platform (and any related content) that is offered by Uber in a number of forms, including mobile and/or web based applications (Applications). Among other things, the Applications will enable you to: (i) arrange and schedule certain transportation services with independent third party providers of those services who have an agreement with Uber and its affiliates (“Third Party Providers”), (ii) enabling payment to Third Party Providers for the services provided by those parties and (iii) receive any related content or services, including user support. Unless otherwise agreed by Uber in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
You acknowledge that:
(i) Uber does not provide transportation services or functions as a transportation carrier and that all such transportation services are provided by Third Party Providers who are not employed by Uber or any of its affiliates;
(ii) your purchase of transportation services from the Third Party Provider through the Application creates a direct legal relationship between you and the Third Party Provider to which Uber is not a party;
(iii) to the fullest extent permitted by law, Uber shall not be liable for the actions or omissions of any Third Party Provider in regards to the provision of transportation services and does not assume any liability for the condition, standard and quality of the transportation services provided by the Third Party Providers (including any child restraining devices or equipment provided during the trip) or guarantee the accuracy or completeness of the information (including the information, photos or images related to the transportation services displayed on the platform). Photos and images may be displayed on the platform for illustration purposes and are for your reference only and shall not form or be construed as being part of any offer, contract, representation or warranty, expressly or impliedly;
(iv) Third Party Providers are solely responsible for obtaining all applicable approvals, authorizations, consents and permissions from the relevant parties, regulatory bodies and government authorities for the purposes of providing the relevant services (where applicable); and
(v) Any safety or other related effort, feature, process, policy, standard or other effort undertaken by Uber or its affiliates, in the interests of public safety or maintenance of the quality of the Services (whether required by the applicable regulations or not), is not an indicia of an employment relationship with a Third Party Provider.
License
Subject to your compliance with these Terms, Uber grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable free-of-charge license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Uber and Uber’s licensors.
Restrictions
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Uber; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services
You acknowledge that portions of the Services may be made available under Uber’s various brands or request options associated with transportation, including but not limited to, the transportation request brands currently referred to as “Uber”, “UberX”, “UberXL”, “UberBLACK”, “Uber Assist”, “Uber Taxi”, “Uber Pets”, “Uber Comfort”. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain Uber’s subsidiaries and affiliates; and/or (ii) Third Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses.
Third Party Services and Content
The Services may be made available or accessed in connection with third party services and content (including advertising) that Uber does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Uber does not endorse such third party services and content and in no event shall Uber be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
Ownership
The Services and all rights therein are and shall remain Uber’s property or the property of Uber’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Uber’s company names, logos, product and service names, trademarks or services marks or those of Uber’s licensors.
3. Your Use of the Services
User Accounts
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. These age limitations apply except as otherwise set forth in these Terms or in any supplemental terms with respect to the applicable Services. Solely in respect of Uber Teens accounts, teens between ages of 13 and 17 who have the consent of their parents or guardians to use the Services (hereinafter referred to as “Teens”) can obtain Uber Teens accounts if made available. Account registration requires you to submit to Uber certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or alternative accepted payment method). You agree to maintain accurate, complete, and up-to-date information in your Account. You agree to cooperate with Uber and/or its affiliates in respect of any additional checks performed at Account registration and from time to time, to (re-)verify your identity in accordance with applicable law or the standards and policies of Uber and/or its affiliates. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Uber’s termination of these Terms with you.
Account Security
You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Uber in writing, you may only possess one Account.
You should notify Uber immediately if you become aware of any unauthorized use of your Account or password by contacting Uber via the Help page: https://help.uber.com/, which is available 24 hours a day, 7 days a week. Uber will notify you immediately if we become aware of any unauthorized use of your Account or password. Upon being made aware of any unauthorized use of your Account or password, Uber will (i) immediately suspend any payment methods which you have saved to your Account and (ii) suspend or reject any payment instructions on your Account which are made after the date Uber is notified by you or becomes aware of such unauthorized activity.
User Requirements and Conduct
You agree to abide by Uber’s Community Guidelines. If you fail to or are likely to fail to comply with the Community Guidelines or these Terms, or Uber reasonably suspects the foregoing, you may temporarily or permanently lose access to the Services.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation services from Third Party Providers unless they are accompanied by you. These age limitations apply except as otherwise set forth in these Terms or in any supplemental terms with respect to the applicable Services. Notwithstanding the foregoing, solely in respect of Services for Uber Teens accounts, such Services are available to Teens who have been authorized by their parents or guardians to use the Services. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Providers or any other party. If you request a ride option where a Third Party Provider agrees to provide you with assistance outside of the vehicle (e.g., Uber Assist), you acknowledge and agree that, to the full extent of the law, neither Uber nor the Third Party Provider is responsible for any injury or incident that may arise out of the assistance provided by the Third Party Provider. In certain instances you may be asked to provide proof of age, identity or other methods of identity verification to access or use the Services via the platform. You agree that you may be denied access to or use of the Services if you refuse to provide the requisite proof of age, identity or other methods of identity verification.
Subject to the discretion of a Third Party Provider, you may be allowed to bring a small animal, such as a dog or cat, on a ride requested through the platform. For such trips, you are responsible for properly securing the animal with a leash, harness, crate / carrier, or through other means. You are also responsible for ensuring that the animal does not cause damage or a mess in the Third Party Provider’s vehicle. You may be subject to a repair or cleaning fee for any damage or mess caused by an animal that is transported during a ride requested under your Account.
You are responsible for abiding by all applicable laws and regulations when crossing the border between Hong Kong and Macau, including but not limited to carrying the necessary valid travel documents and supplying the same to the relevant parties and governmental bodies as and when required. You agree and acknowledge that Uber is not liable for any loss or damage arising from your failure to adhere to the relevant laws and regulations related to the border crossing between Hong Kong and Macau.
Messaging
By creating an Account, you agree that the Services may send you text (SMS) messages, push notifications and/or emails as part of the normal business operation of your use of the Services.
By creating an Account, you agree that Uber, Uber Technologies, Inc and their respective subsidiaries, representatives, affiliates, officers and directors, may contact you by telephone, text messages (including by an automatic telephone dialing system and/or with an artificial or pre-recorded voice) or email at any of the phone numbers or email addresses provided by you or on your behalf in connection with an Uber account, including for promotional purposes. You may opt out of receiving promotional emails from Uber here. You may also opt out of receiving emails and other messages from Uber by following the unsubscribe instructions in those messages. Even if you have opted out of receiving such promotional messages, Uber may send you non-promotional communications, such as receipts for rides or information about your account, and for purposes described in its Privacy Notice, located at https://www.uber.com/privacy/notice.
You agree that Uber may contact you using any of the phone numbers you provided in connection with an Uber account (including via text or voice-recorded message) or your email address.
Promotional Codes
Uber and/or its affiliates may, in Uber’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Uber and/or its affiliates establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Uber and/or its affiliates; (iii) may be disabled by Uber and/or its affiliates at any time for any reason without liability to Uber and/or its affiliates; (iv) may only be used pursuant to the specific terms that Uber and/or its affiliates establishes for such Promo Code; (v) are not valid or redeemable for cash; and (vi) may expire prior to your use. Uber and/or its affiliates reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Uber and/or its affiliates determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms, these Terms and/or the applicable Community Guidelines.
User Provided Content
Uber may, in Uber’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Uber through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (User Content). Any User Content provided by you remains your property. However, by providing User Content to Uber, you grant Uber a worldwide, perpetual, irrevocable, transferable, free-of-charge license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Uber’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Uber the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Uber’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Uber in its sole discretion, whether or not such material may be protected by law. Uber may, but shall not be obligated to, review, monitor, or remove User Content, at Uber’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Uber does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
4. Charges and Payment
Charges
You understand that use of the Services may result in charges to you for the services you receive from a Third Party Provider (“Transportation Charges”) and other agreed fees, including any gratuity/tips to the Third Party Provider that you elect to pay (collectively, “Charges”). After you have received services obtained through your use of the Service, Uber or its affiliates, as applicable, will collect your payment of the applicable Transportation Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Transportation Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Uber. You retain the right to request lower Transportation Charges from a Third Party Provider for services from such Third Party Provider. Uber will respond accordingly to any request from a Third Party Provider to modify the Transportation Charges for a particular service or good.
All Charges are due immediately and payment will be collected by Uber or its affiliate, as applicable, using the preferred payment method designated in your Account, after which Uber will send you a receipt on behalf of the Third Party Provider and for itself by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Uber or its affiliate, as applicable, may, for itself and/or as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available. In some cases, you may choose to settle the Transportation Charges in cash directly with the Third Party Provider, in which case you agree to settle the Transportation Charges (absent gratuity) in full based on the amount specified in the Application. You can select such cash payment option (if available) on the Application.
As between you and Uber, Uber reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Services at any time, on behalf of the Third Party Provider or for itself. Uber will use reasonable efforts to inform you of Charges that may apply.
Uber or the Third Party Provider may from time to time provide certain users with promotional offers that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee (subject to applicable laws) by the Third Party Provider. If the Third Party Provider has waited for you at the pickup location for several minutes and thereafter cancels the trip, you may be charged a fee (subject to applicable laws) by the Third Party Provider, the amount of which may increase with time if the Third Party Provider waits longer.
This payment structure is intended to fully compensate the Third Party Provider and Uber for the services provided to you. Uber does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Uber (on Uber’s website, in the Application, or in Uber’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services provided is not intended to suggest that Uber provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. However, once you have entered an amount of gratuity in the Application and pressed to confirm your decision, it may not be changed or revoked, and you agree to pay the gratuity even if it may not have been correctly shown to the relevant Third Party Provider due to technical issues. After you have received services obtained through the Service, you may have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
Uber may process digital payments of the Charges made by you cross-border using its international payment processing and/or banking partners. By choosing to pay using a digital payment method saved in your Account, you acknowledge and agree that your transaction may be processed offshore by Uber's international payment processing and banking partners. As a result, you may see your Uber transaction appear as an offshore or foreign transaction in any messages or statements issued by your bank. Your issuing bank may charge you additional fees for international transactions.
Repair or Cleaning Fees
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (Repair or Cleaning). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Uber in Uber’s reasonable discretion, Uber or its affiliate, as applicable, reserves the right to collect payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by Uber or its affiliate, as applicable, to the applicable Third Party Provider and are non-refundable.
Additionally, if you fail to comply with these Terms you may be responsible for additional fees, including without limitation, for transactions that could not be completed properly, arising out of or in connection with your failure to comply with these Terms.
5. Disclaimers; Limitation of Liability; Indemnity
DISCLAIMER
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” UBER, FOR ITSELF AND ON BEHALF OF ITS AFFILIATES, DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NEITHER UBER NOR ITS AFFILIATES MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER UBER NOR ITS AFFILIATES GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
UBER DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD PARTY PROVIDERS. THIRD PARTY PROVIDERS ARE NOT EMPLOYEES OF UBER. NEITHER UBER NOR ITS AFFILIATES SHALL BE RESPONSIBLE FOR ANY ACT OR OMISSION BY ANY THIRD PARTY PROVIDERS.
UBER DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES. UBER CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
NEITHER UBER NOR ITS AFFILIATES SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF UBER AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER UBER NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF UBER AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER UBER NOR ITS AFFILIATES SHALL BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THEIR REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. THE LIABILITY OF UBER AND ITS AFFILIATES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
UBER’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT NEITHER UBER NOR ITS AFFILIATES HAVE ANY RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
Indemnity
You agree to indemnify and hold Uber, its affiliates and their respective officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Uber’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
6. Governing Law; Arbitration
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Macau, 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, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any 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 Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be Macau. 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: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
7. Other Provisions
Claims of Copyright Infringement
Claims of copyright infringement should be sent to Uber’s designated agent. Please visit Uber’s web page at www.uber.com/legal for the designated address and additional information.
Notice
Uber may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Uber by written communication to Uber's address at Burgerweeshuispad 301, 1076 HR, Amsterdam, The Netherlands.
General
You may not assign or transfer these Terms in whole or in part without Uber’s prior written approval. You give your approval to Uber for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Uber’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Uber or any Third Party Provider as a result of the contract between you and Uber or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”
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Uber Taxi Trip Terms
1. Contractual Relationship
These terms (“Uber Taxi Trip Terms”) apply to taxi trips booked through the Applications and fulfilled by a Third Party Provider via the applications, products and services of Uber. Such a trip as described in the foregoing sentence is an “Uber Taxi Trip”. Uber Taxi Trips that are charged on a metered pricing basis are referred to as a “Meter Taxi Trip”.
These Uber Taxi Trip Terms are supplemental terms to the General Terms of Use (which can be found here) (“Terms”) in respect of Uber Taxi Trips only. The Terms, as supplemented and amended by these Uber Taxi Trip Terms, shall govern your use and access of Services provided in connection with Uber Taxi Trips. Capitalised terms not defined in these Uber Taxi Trip Terms have the meaning given to them in the Terms. In the event of any conflict or discrepancy between the English and Chinese versions of these Uber Taxi Trip Terms, the English version shall prevail.
By requesting, accessing or taking an Uber Taxi Trip via the Applications, you confirm your agreement to be bound by the Terms, as supplemented by these Uber Taxi Trip Terms. If you do not agree to the foregoing, you may not request, access or take an Uber Taxi Trip.
2. Applicable Fare for Meter Taxi Trips
Solely with respect to the Services for the Meter Taxi Trips, the paragraphs under the heading “Charges” in Section 4 (Charges and Payment) of the Terms shall be deleted and replaced in its entirety with the following:
“You understand that use of the Services for Meter Taxi Trips may result in charges (including any tolls, surcharges and other applicable fees) to you, for the services you receive, from a Third Party Provider as may be charged under applicable laws (Transportation Charges).
The Third Party Provider is solely responsible for the accuracy of the Transportation Charges. Subject to this Section 2, the Transportation Charges, which may be amended from time to time, can be found on the website of the Transport Bureau. You acknowledge that the Third Party Provider is responsible for the calculation of the Transportation Charges in accordance with applicable laws and regulations notwithstanding any estimated price provided in the Applications, if available. You acknowledge that such estimated price may not accurately reflect the final Transportation Charges due to traffic conditions, routes and duration of the trips, surcharges and other relevant factors.
Your payment of the applicable Transportation Charges over the Applications is enabled by Uber and its affiliates (through authorised payments services providers), on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Transportation Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider.
Transportation Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Uber or required by law. All Transportation Charges are due immediately and paid via the preferred payment method designated in your Account, after which Uber will send you a receipt on behalf of the Third Party Provider by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Uber or its affiliate, as applicable, may, for itself and/or as limited payment collection agent for the Third Party Providers, use a secondary payment method in your Account, if available.
If such an option is made available to you, you may choose to pay the Transportation Charges in cash to the Third Party Provider, in which case you agree to settle the Charges (absent gratuity) in full based on the amount specified in the Application. You may be able to select such cash payment option (if available) on the Application, and if selected, you agree that any payment will be collected by the Third Party Provider as a limited payment collection agent of Uber or its affiliates, after which Uber will send you a receipt by email of the Charges. You may also request a receipt from the Third Party Provider.
Uber or the Third Party Provider may from time to time provide certain users with promotional offers to the extent permitted by law that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services from a Third Party Provider and the Third Party Provider may cancel its acceptance of your request at any time prior to the start of the trip.
The receipt issued by the Third Party Provider (“Receipt”) on taximeter or by handwriting in the prescribed format shall be the legal receipt of the trip in accordance with applicable laws and regulations. You have the right to demand the Third Party Provider for a Receipt in respect of your trip and Uber shall not be responsible for the provision or accuracy of the Receipt.
This payment structure is intended to fully compensate the Third Party Provider for the services provided to you. Uber does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Uber (on Uber’s website, in the Application, or in Uber’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services and/or goods provided is not intended to suggest that Uber provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. However, once you have entered an amount of gratuity in the Application and pressed to confirm your decision, it may not be changed or revoked, and you agree to pay the gratuity even if it may not have been correctly shown to the relevant Third Party Provider due to technical issues.”
3. Promotional Codes
You agree that Promo Codes are not available for Meter Taxi Trips, unless otherwise specified by Uber. If Promo Codes are made available to you with regard to Meter Taxi Trips, you understand and acknowledge that you can decide whether to redeem Promo Codes, Uber does not represent or purport to act on behalf of any Third Party Providers, and the use of the Promo Codes does not impact the trip earnings of Third Party Providers.