Uber Money Terms of Use | European Economic Area

Last updated: 1 July 2020

Uber has engaged Uber Payments to issue Uber Money to users on the Uber platforms. These Uber Money terms of use (“Uber Money Terms”) constitute a legally binding agreement between you as a user, Uber and Uber Payments (each as defined below).

1. Uber Money Terms & General Terms

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

1.2 These Uber Money Terms:

a. supersede any prior terms or agreements with you in respect of Uber Money;

b. only relate to the use, reloading and redemption of Uber Money as a Payment Method and do not apply to alternative Payment Methods; and

c. are a framework agreement as referred to in Article 4(21) of the European Union’s revised Payment Services Directive (Directive (EU) 2015/2366).

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

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

2. Definitions

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

2.1 “General Terms” means Uber’s Terms and Conditions, as amended or restated from time to time.

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

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

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

2.5 “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.

2.6 “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.

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

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

2.9 “Uber Payments” means Uber Payments B.V., a private limited liability 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 71201157 and its successor(s) or assignee(s).

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

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

2.12 “we” or “us” means Uber and Uber Payments.

3. What is Uber Money?

3.1 “Uber Money” is an electronically stored value balance in your Wallet that represents a claim on Uber Payments. Uber Payments issues Uber Money on the receipt of funds from you. You can use Uber Money to make payment transactions with other parties, for example Third Party Providers or Uber.

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

3.3 Uber Money qualifies as electronic money as defined in the European Union’s Electronic Money Directive (Directive 2009/110/EC). Protections offered by the Dutch deposit guarantee scheme (depositogarantiestelsel) and investor indemnity scheme (beleggerscompensatiestelsel) do not apply in respect of Uber Money.

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

4. Loading Uber Money

4.1 You may load your Uber Money 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):

a. debit card;

b. credit card; or

c. any other available loading method (each a “Loading Method”).

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

4.3 We may refuse a request to load Uber Money, for example if loading Uber Money makes your balance exceed a threshold determined by us.

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

5. Using Uber Money

5.1 You can use Uber Money 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 Money as a Payment Method.

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

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

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

5.5 Completion of a payment transaction using Uber Money will result in an immediate and irrevocable debiting of your Uber Money balance. Your Uber Money 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 Where the expected amount of a payment transaction using Uber Money was not specified at the moment of authorisation, you may request a refund of that amount provided that it exceeded the amount you could have reasonably expected, taking into account your previous spending pattern and the relevant circumstances of the case. You may request such a refund within 8 weeks from the debit date. Within 10 business days following the receipt of your refund request we will either provide a refund or a justification for refusing the refund.

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

5.8 We reserve the right to suspend your use of Uber Money as a Payment Method for objectively justified reasons relating to the security of the Wallet and the Uber Money 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 Money

6.1 Uber Payments may offer you the option to automatically refill your Uber Money balance from time to time (“auto-refill”). Auto-refill is only available where you have added an eligible Loading Method for your Wallet. You may opt to have one of these Loading Methods automatically charged by an agreed auto-refill amount whenever your Uber Money balance drops to a specified minimum threshold as determined by Uber. If for example your Uber Money balance is denominated in euro, you could choose an auto-refill amount of 50 euro at a threshold of 20 euro.

6.2 By choosing auto-refill, you authorize Uber Payments 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 Money associated with the reversed auto-refill, you will owe Uber Payments 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 Money by you.

7. Redemption

You may request Uber Payments to redeem the monetary value of your Uber Money balance in whole or in part at any time. Uber Money can only be redeemed through the same Loading Method you used to load your Uber Money balance or, where made available by us, a transfer to your bank account. Uber Money 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. 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 will request information from you at the time of loading your first Uber Money to confirm your identity, to allow you to open and maintain a Wallet and to use Uber Money. 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 Money is you.

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

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

9. Authentication & security

9.1 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 Money. This will help us ensure that it is you who is accessing your Wallet and Uber Money.

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 (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.

9.3 You must also 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.

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 Money (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 or Loading Method.

10.2 You are not liable for any unauthorised transactions, except where you have acted fraudulently or where you intently or grossly negligently (i) acted in breach with the Uber Money Terms, (ii) failed to notify us in accordance with section 10.1, or (iii) 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 We will immediately refund you the amount of an unauthorised transaction provided you notify us without undue delay on becoming aware of such transaction and no later than 13 months after the debit date. This does not apply if we have reasonable grounds for suspecting fraud. If the transaction disputed by you was in fact properly authorised, we may choose to reverse the refund and debit your Uber Money balance accordingly.

11. Liability for non-executed or defectively executed transactions

Uber Payments is liable to you for payment transactions using Uber Money 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.

12. Liability in cases of abnormal and unforeseeable circumstances

We will not be liable under sections 10 or 11 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 EU or national laws.

13. Amendment of Uber Money Terms

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

14. Information provision

You can review your Uber Money 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 Money balance displayed in your Uber account will serve as conclusive evidence of your Uber Money balance.

15. General information

Contact details:

You can contact us at help.uber.com or on the following address:

Uber Payments B.V.

Burgerweeshuispad 301

1076 HR Amsterdam

The Netherlands

Uber Payments B.V. is licensed as an e-money institution (elektronischgeldinstelling) to issue e-money and to provide the payment services of (i) execution of payment transactions (ii) issuing of payment instruments and/or acquiring of payment transactions and (iii) money remittance. Uber Payments B.V. is licensed and supervised by the Netherlands Central Bank (De Nederlandsche Bank N.V.) with address: Westeinde 1, 1017 ZN, Amsterdam, P.O. Box 98, 1000 AB Amsterdam, the Netherlands and is also supervised by the Netherlands Authority for Financial Markets (Autoriteit Financiële Markten) with address: Vijzelgracht 50, 1017 HS Amsterdam, the Netherlands.

16. 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.

17. Miscellaneous Terms

17.1 If any section of these Uber Money Terms is deemed to be invalid, void or for any reason unenforceable, for example due to overriding provisions of EU consumer protection laws, 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 Money 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 Money Terms.

17.2 You do not have the right to assign or transfer the Uber Money Terms or the rights or obligations arising from it, in whole or in part, without the prior written consent of Uber Payments. Uber Payments has the right to assign or transfer the Uber Money 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 Money Terms. Nothing that is included in the Uber Money Terms is intended, or may be construed as creating claims on behalf of third parties.

18. Language

We will communicate with you in English. Where we provide you with a translation of the Uber Money Terms, this is for your convenience only. The English language version of the Uber Money 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 Money 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 Money Terms.

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

20. Complaints

You can notify us of any complaints regarding Uber Money through Uber’s mobile applications and/or website. If, after having followed our complaints procedure, you are not satisfied with the outcome, you may file your complaint with the Dutch Complaints Institute Financial Services (Klachteninstituut Financiële Dienstverlening). Alternatively, you may choose to file a suit with a Dutch civil court.

Eligible consumers can also submit complaints about these terms to the European Commission’s online dispute resolution platform pursuant to the Regulation (EU) No 524/2013 of 21 May 2013. Uber does not commit to using an online dispute resolution platform to resolve consumer disputes.

21. Applicable Law and Jurisdiction

The Uber Money Terms are exclusively governed by Dutch law, excluding its rules on conflicts of laws. However, if you reside in the EU, 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 Money 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 EU, 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 EU.

EXPLICIT CONSENT - Article 94 PSD2

You hereby give your consent in accordance with Article 94 PSD 2 for Uber and Uber Payments to access, process and retain personal data necessary for enabling the use of Uber Money as set out in the Uber Money Terms. This personal data includes:

• your name, email address, phone number and address;
• Transaction information;
• payment or banking information (including related payment verification information);
• government identification document numbers, a copy of an identity card, driving licence or passport if required by law, and date of birth, photo and signature.

This may be information that you provide directly, Uber Payments generates itself or that Uber Payments receives through a third party or receives partially from Uber.

Uber Payments uses this information, or shares this information with Uber, to:

• Verify your identity and where necessary request Uber to update your Uber account;
• Facilitate the use of Uber Money, including making payment transactions;

For the other uses of your personal data by Uber and its affiliates, please check the Uber Privacy Policy available at https://privacy.uber.com/policy.

In enabling the use of Uber Money, Uber Payments will have to share personal data with its vendors, service providers and business partners. These include:

• Uber and Uber Payments subsidiaries and affiliates;
• Banks and other payment service providers; and
• Identity validation service providers.

You can revoke this consent at any time. However, please note that if you revoke this consent, you will not be able to use any Uber Money services.