Uber Cash Terms of Use | New Zealand

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, 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 the 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 website 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, (re)loading, 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 the services purchased with Uber Cash.

1.3 You can find a digital copy of these Uber Cash Terms from the Uber website (uber.com/legal) at any time.

1.4 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, 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.

2.1 “Appeasements” means non-refundable credits provided to you by Uber as Uber Cash - (a) as a gesture of goodwill, for example where you have had a bad 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 website.

2.2 "Balance Limit" means (a) NZ$4,000 at any one time, or (b) in any consecutive 12 month period, less than NZ$10,000 in aggregate.

2.3 “General Terms” means the terms and conditions applicable to your use of the services provided by Uber, as published on Uber’s website at https://www.uber.com/legal/en/document/?name=general-terms-of-use&country=new-zealand&lang=en (or a replacement URL).

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

2.5 “Promo Credits” means non-refundable and non-transferable promotional credits issued to you by Uber as Uber Cash after your redemption of a Promo Code or other instrument.

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

2.7 “Privacy Notice” means Uber’s Privacy Notice, as published on Uber’s website at https://www.uber.com/nz/en/privacy-notice-riders-order-recipients/ (or a replacement URL).

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

2.9 “Territory” means New Zealand.

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

2.11 “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.

2.12 “Uber” means Uber Technologies, Inc. and/or its affiliates.

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

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

2.15 “Uber Gift Cards” means gift cards which are tangible and/or stored value products (including digital codes) issued by Portier New Zealand Limited and/or any of its affiliates, which have stored value and operate through unique card number(s) or personal identification number(s).

2.16 “Uber Gift Card Terms” means the Uber Gift Card Terms, as published on Uber’s website at https://www.uber.com/legal/en/document/?name=uber-gift-cards-terms-of-use&country=new-zealand&lang=en-au (or a replacement URL).

2.17 “Uber Provided Services” means delivery services provided directly to you by Portier New Zealand Limited or its affiliates for Transactions made via the Uber Eats app, and any other services provided by Uber via its mobile applications and/or website.

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

2.19 “Wallet” means the digital wallet linked to your Uber account in which your Payment Methods, including your Uber Cash balance, are 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) loads of Uber Cash by you using Uber Gift Cards or other Payment Method accepted by us; (b) Appeasements; (c) Promo Credits; and (d) other discretionary grants of Uber Cash by Uber or a third party, including issues of Uber Cash from renewable memberships (such as Uber One).

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

4. Issuing and Loading Uber Cash

4.1 You may load Uber Cash into your Wallet in the Territory by redeeming Uber Gift Cards in accordance with the Uber Gift Card Terms. If offered and enabled by us, you may purchase and load Uber Cash into your Wallet in the Territory using a saved Payment Method.

4.2 Appeasements and other issues of Uber Cash described in section 3.1(d) will be credited directly to your Uber Cash balance in 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. To redeem the Promo Code or other instrument, follow the instructions provided to you with the Promo Code or other instrument. Upon redemption, the value represented by the Promo Code or other instrument will be reflected as Uber Cash balance in your Wallet.

4.4 Gift Cards, Promo Codes, and other instruments redeemable for Promo Credits do not constitute Uber Cash, and may not be used as a Payment Method, until they are redeemed.

4.5 We may be unable to, or we may refuse a request to, credit your Uber Cash balance, for example if doing so results in your aggregate balance exceeding the Balance Limit.

4.6 We may amend the Balance Limit 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.

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 eligible Transactions as a Payment Method. If you wish to use an alternative Payment Method, you must change your Payment Method via the Uber app or Uber Eats app before making the Transaction. Uber Cash may only be used to pay for Uber Provided Services and goods and services provided by Third Party Providers (other than orders containing alcohol or tobacco products) 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 select Uber Cash as a Payment Method, you consent to Uber debiting your Uber Cash balance 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 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, the Uber Gift Card Terms, and other terms applicable to your use of Uber’s mobile applications and/or website.

5.6 We reserve the right to suspend your access to and/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, the General Terms, the Uber Gift Card Terms, or other terms applicable to your use of Uber’s mobile applications and/or website;

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 and 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 will reactivate your access to and/or use of Uber Cash once the reasons for suspension no longer exist.

6. Not redeemable or exchangeable

6.1 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

7.1 Uber Cash may be subject to an expiration date which will be communicated to you via Uber’s mobile applications, website, and/or in specific terms and conditions applicable to such Uber Cash issuances. Such expiration date will also be displayed in your Wallet.

7.2 If, in accordance with section 4.1, we offer the ability for you to load Uber Cash directly to your Wallet using a saved Payment Method, such Uber Cash does not expire.

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

8.1 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 to confirm your identity, before you may open and maintain a Wallet or use Uber Cash. We may also request from you, 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 us at any time.

8.3 We may, from time to time, be required to undertake financial crime screening to comply with applicable laws or regulations. You agree to assist us 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 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.

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, and (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 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 intentionally or with gross negligence (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. 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 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. We will provide you with at least thirty (30) days’ prior written notice in the event of a material change to the Uber Cash Terms that detrimentally affects your rights under these terms. Amendments will be effective upon posting of such updated Uber Cash Terms on the Uber mobile applications or Uber website, and will supersede all previous versions of the Uber Cash Terms. Your continued access or use of Uber Cash after such posting or after the expiry of the notice period (whichever is later), 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, free of charge, by logging into your Uber account at any time. You can locate a digital copy of this information through Uber’s mobile applications and/or website (uber.com).

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 (here). 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, 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.

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, without the prior written consent of Uber. 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

We will communicate with you in English. 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 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 your Uber account is terminated in accordance with the General Terms, we will consider this to also constitute termination of your use of the Uber Cash facility and these Uber Cash Terms.

19.2 We may (subject to any applicable laws) terminate your use of the Uber Cash facility and these Uber Cash Terms with respect to you, upon giving you not less than thirty (30) days’ notice via the Uber app or Uber Eats app.

20. Complaints

You can notify us of any complaints regarding Uber Cash by using the contact information detailed in section 15. If we do not resolve your complaint to your satisfaction or if we do not resolve your complaint within 40 business days of receiving your complaint, you can direct your complaint to the Financial Service Complaints Limited Service at:

PO Box 5967, Wellington 6145

0800 347 257

complaints@fscl.org.nz

The FSCL service is free of charge.

Alternatively, you may choose to file a suit with a local civil court.

21. Governing law and dispute resolution

There are a number of mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to these Uber Cash Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”). We operate a complaints process to allow you to make complaints about us or Uber Cash, and we also manage refunds to you in relation to those complaints. We will operate this complaints process in a reasonable manner. In addition, you may have rights to make a complaint to fair trading or consumer law bodies in relation to applicable consumer laws.

Except as otherwise set forth in these Uber Cash Terms, these Uber Cash Terms shall be exclusively governed by and construed in accordance with the laws of the Territory, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. In the event of a Dispute, either party may file an action in the courts of the Territory or pursue final and binding arbitration or other alternative dispute resolution as agreed upon by the parties.

Any proceedings, including documents and briefs submitted by the parties, correspondence from a mediator, and correspondence, order and awards issued by an 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 set out in these Uber Cash Terms.