Uber Pro Terms and Conditions

Last updated: 3 July 2023

Key Principles

• These terms and conditions (Terms) apply to your participation in the Uber Pro Program (the Program) as provided by Rasier New Zealand Limited, a company registered in New Zealand with Registration Number 7056276, and its respective subsidiaries, licensees and affiliated companies (collectively Uber or we).
• Under the Program, eligible Driver Partners can access Rewards, according to their Program Tier status.
• The Program is made available at Uber's discretion, as an additional incentive to eligible Driver Partners.
• You may be entitled to rewards pursuant to the Program, however the ongoing operation of, and your participation in, the Program is not guaranteed by Uber.
• Uber retains the right to change or cancel the Program at any time pursuant to these Terms.
• You may opt-out of this Program at any time in accordance with these Terms.

Part 1 : General Conditions

1. Structure of the Terms

1.1 Overview

(a) These Terms are comprised of the following Parts:

(i) the "Key Principles" set out above which provide an overview of the Program;

(ii) Part 1 (General Conditions) which:

(A) sets out the general terms and conditions that apply to your participation in the Program; and

(B) describes the documents that make up these Terms; and

(iii) Part 2 (Individual Rewards) which sets out the terms and conditions applying to specific Rewards available to you in connection with the Program.

1.2 How these Terms work

(a) These Terms incorporate and consist of the following documents:

(b) The document that is higher in the above list will apply if there is any conflict between those documents.

2. The Program

2.1 Eligibility

(a) You are only eligible to participate in the Program if you:

(i) currently live in New Zealand;

(ii) have met and continue to meet all Driver Partner requirements as referred to in your Technology Services Agreement or as required by law;

(iii) have a current and valid Driver Partner Account; and

(iv) have not opted out from participating in the Program (see Section 2.3).

(b) For clarity, if you are only a Delivery Person and you do NOT have an active Driver Partner account, you are not eligible to participate in the Program and cannot earn any Rewards.

2.2 Program Account

(a) If you are eligible to participate in the Program, you will be provided with a Program Account which will be linked to your Driver Partner Account and will be accessible via your Uber Driver App.

(b) You will be able to view your Points, Program Tier and Rewards via your Program Account.

(c) You must not share your Program Account with any other person or have multiple Program Accounts.

2.3 Opting out

(a) You may opt-out of the Program at any time and for any reason.

(b) To opt-out of the Program, you will need to contact Uber Support and make this request. You can contact Uber Support via the “Help” section of your Uber Driver app, or at https://help.uber.com/,

(c) Please allow up to 7 days for your opt-out request to be processed.

(d) After your opt-out request has been processed:

(i) your Program Account will be deactivated;

(ii) you will forfeit your current Points balance; and

(iii) you will not be able to access any Rewards.

(e) You can opt back into the Program at any time, provided you remain eligible to participate in the Program under Section 2.1.

3. Program Tiers and Rewards

3.1. How is your Program Tier determined?

(a) There are 4 Program Tiers available to Program Members: Blue, Gold, Platinum, and Diamond. Program Tiers unlock access to Rewards. Each successive Program Tier includes its own Rewards as well as the Rewards of the preceding Program Tiers.

(b) The Points you earn in one Program Period will determine your starting Program Tier in the next Program Period. Program Tiers are not permanent and must be earned for every Program Period.

(c) The number of Points necessary to reach each Program Tier may vary by area. See the “Uber Pro” section of your Uber Driver App for the applicable Points thresholds for the Gold, Platinum and Diamond Program Tiers for your area. Driver Partners who do not meet the requirements for Gold, Platinum, or Diamond Program Tiers are placed into the Blue Program Tier.

(d) There are no additional requirements for the Blue Program Tier other than as set out under Section 2.1 (“Eligibility”). To obtain Gold, Platinum, and Diamond Program Tiers, in addition to the required number of Points for your Participating Location, you must also have, at the beginning of the Program Period:

(i) at least a 4.85 Driver Rating; and

(ii) no greater than a 3% Cancellation Rate,

(collectively, the Quality Standards). To maintain Gold, Platinum or Diamond Program Tier status during the entire applicable Program Period, you must maintain the Quality Standards at all times during that Program Period.

(e) As soon as you earn the number of required Points for a Program Tier and meet the Quality Standards, you will automatically be moved to the applicable Program Tier.

(f) If you are moved to the next Program Tier during any Program Period, you will hold that Program Tier level for the remainder of the applicable Program Period and for the duration of the next Program Period, provided that you continue to meet the applicable requirements for that Program Tier.

(g) If you do not meet the Quality Standards during a Program Period you will:

(i) lose your current Program Tier status and access to the corresponding Rewards; and

(ii) be moved down to the Blue Tier.

(h) Once you achieve a Program Tier level, all Rewards should be available for you to access within 48 hours. You may be required to exit the Uber Driver App, go offline and then come back online again in order to access the specific Rewards. Uber will use reasonable efforts to ensure Rewards reflect your status, however, there may be a delay beyond 48 hours if there is a system outage or other technical issue. In this case, Uber will use reasonable endeavours to resolve the issue as soon as practicable following any such outage.

3.2 Earning Points

(a) You will earn 1 Point for every trip you complete as a Driver Partner in New Zealand using the Uber Driver app on any ride option that you are eligible to complete in your Driver app.

(b) You will earn an additional 4 Points (for a total of 5 Points per completed trip) when you complete a trip that starts or ends during the following times (displayed in the local time zone) (Additional Point Hours):

(c) No Points will be earned where you use the Uber app to request or take a trip as a rider.

(d) Points earned in connection with the Program have no monetary value and may not be exchanged for cash.

(e) Uber may revoke Points or adjust your Points balance where:

(i) the applicable trip for which the Points were earned is refunded; or

(ii) in Uber's sole discretion, Uber believes, following reasonable inquiries, that such Points were obtained under or in connection with any fraud, abuse of the Uber Driver App or in violation of these Terms.

3.3 Program Periods

(a) You will earn Points in the following fixed 3-month periods:

(i) 1 August - 31 October;

(ii) 1 November - 31 January;

(iii) 1 February - 30 April; and

(iv) 1 May - 31 July,

each a "Program Period".

(b) Points will be added to your Program Account in the Program Period during which Uber processes the applicable Points (which may be a different Program Period to when those Points were earned).

(c) Your Points will not carry over into the next Program Period and your Points balance will be reset at the end of each Program Period.

3.4 Points balances

(a) You can view your current Points balances within the “Uber Pro” section of your Uber Driver App. Points earned will usually be shown in your Program Account straight after your trip.

(b) If you identify any errors or omissions on transactions posted to your Program Account you will need to report it within one month after you discover the error or omission by contacting Uber in accordance with the "Contact Us section" below.

(c) Uber will have sole discretion in decisions relating to the credit of Points to your Program Account but will act reasonably in doing so.

(d) Uber will use reasonable efforts to ensure Points balances are accurate, however, there may be a delay in displaying Points in your Program Account where there is a system outage or other technical issue. In this case, Uber will use reasonable endeavours to process Points as soon as practicable following any such outage.

4. Suspension and Termination

4.1 Suspension and Termination by Uber

Participation in the Program is a privilege granted to Driver Partners and is not guaranteed. Uber may suspend or terminate your Program Account or the Program at any time and for any reason by telling you in writing.

4.2 Termination by you

You may terminate your Program Account at any time by opting out of the Program in accordance with Section 2.3.

4.3. Effect of termination of Program Account

(a) If your Program Account is terminated, you will no longer be a Program Member and all Points earned during the relevant Program Period will be forfeited immediately.

(b) Termination will not affect any Rewards you have redeemed prior to the effective date of termination.

(c) If we have suspended or terminated your Program Account for your fraud or non-compliance with these Terms, you will not be able to participate in or re-join the Program.

5. General Provisions

5.1 Changes to the Program

(a) Subject to paragraph (b) below, Uber reserves the right to modify the Program, or any part thereof, at any time without notice and without further obligations to you or any other Program Members, including, but not limited to modifications that:

(i) govern how Points are earned on and after the date of change;

(ii) change the number of Points required to access a Program Tier;

(iii) change the specific Rewards offered in each Program Tier; or

(iv) change any other requirements necessary to obtain Rewards within a Program Tier.

(b) If Uber reasonably believes a change to any part of the Program will have a detrimental impact on you or other Program Members, Uber will provide you with 14 days’ notice of such change.

(c) We may suspend or discontinue the Program at any time by providing you with 14 days’ written notice.

(d) No Points will be earned after the effective date of termination.

(e) It is your responsibility to review these Terms regularly to ensure that you are aware of any changes to the Program or these Terms. You agree that your continued participation in the Program or access to or use of your Program Account shall be deemed your acceptance of any modifications to these Terms. Unless stated otherwise, any and all changes and/or amendments to these Terms will become binding upon all Program Members immediately.

(f) If you do not agree to any changes to these Terms you may opt out of the Program in accordance with Section 2.3.

5.2 Governing law

These Terms are governed by and construed in accordance with the laws of New Zealand, excluding its rules on conflicts of laws.

5.3 Dispute Resolution

(a) Either of us may tell the other about the existence of a dispute. If you have a dispute, please contact Uber Support via the “Help” section of the app where you can message us, or at https://help.uber.com/. We will act reasonably and attempt to resolve the dispute and will follow any dispute resolution process set out in your Technology Services Agreement.

(b) Each of us must continue to comply with these Terms despite the existence of any dispute.

5.4 Assignment

(a) Uber may assign or transfer any or all of its respective rights or obligations under these Terms or the Program, in whole or in part, without obtaining your prior consent.

(b) You may not assign or transfer these Terms or your Program Account, as these Terms and your Program Account need to remain with you.

5.5 Interpretation of Terms

Uber will have sole discretion in interpreting these Terms but Uber will act reasonably in doing so. Uber’s decisions will be final.

5.6 Disclaimer

(a) The Program and/or any of its features may be unavailable, inaccurate or interrupted from time to time for a variety of reasons outside of Uber's control.

(b) We are not responsible for any unavailability, interruptions or errors of the Program, its features or any Rewards that are outside of Uber’s control.

(c) The Program and all the information accessible through it are provided for informational purposes only on an “as is” and “as available” basis. We, our affiliated entities and third party Rewards providers and their agents make no warranties, representations, or guarantees of any kind, express or implied, including, but not limited to, accuracy, currency, or completeness, the operation of the Program, the information, materials, content, availability, and products. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

(d) Nothing in these Terms is intended to exclude liability for fraud or fraudulent misrepresentations or any other representations which cannot be excluded by law.

5.7 Limitation of Liability

(a) Certain legislation, including the Fair Trading Act 1986 and Consumer Guarantees Act 1993 (each an Act), may limit Uber's ability to exclude liability or may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified, except to a limited extent. These Terms must be read subject to such statutory provisions.

(b) If Uber is liable to you under any Act or similar legislation, to the extent which Uber may do so, Uber limits its liability in respect of any claim under these Terms to, at Uber's option:

(i) in the case of goods:

(A) the replacement of the goods or the supply of equivalent goods;

(B) the repair of the goods;

(C) the payment of the cost of replacing the goods or acquiring equivalent goods; or

(D) the cost of having the goods repaired; and

(ii) in the case of services (as defined by the relevant Act):

(A) supplying the services again; or

(B) the payment of the cost of having the services supplied again.

5.8 Rewards

(a) All Rewards are granted at the discretion of Uber and may change or be cancelled at any time.

(b) Rewards are not redeemable for Points and have no cash value.

(c) Reward details, terms and limitations are set out in Part 2 of these Terms.

(d) Rewards provided by third parties may require additional action by you, including, agreeing to additional terms or creating an account with such third party.

(e) Driver Partners are responsible for all taxes that may be owed in the receipt of Rewards.

(f) Uber is not responsible, and disclaims all liability, for the products or services offered by third parties in connection with the Program.

(g) To ensure the success of the Program, Uber may collect information on such third party Rewards-based transactions for information and reporting purposes, in each case pursuant to the terms agreed to by the third party Reward provider and the Program Member.

6. Definitions and Interpretation

6.1 Definitions

In these Terms:

(a) Cancellation Rate means the percentage of times Driver Partner accepts but then cancels a trip (other than due to safety concerns), in the 30 day period from that Driver Partner’s last trip.

(b) Delivery Person means an independent provider of delivery services.

(c) Driver Partner means an independent provider of on-demand transportation services.

(d) Driver Partner Account means your registered account and Driver Partner profile made available via the Uber Driver App.

(e) Driver Rating means the average star rating for a Driver Partner over that Driver Partner’s past 500 trips (or all lifetime trips if the Driver Partner has completed less than 500 trips), as shown in the applicable Driver Partner Account.

(f) Points means the Program points earned in accordance with Section 3.2.

(g) Program Account means the rewards program account made available to you by Uber.

(h) Program Member means an eligible Driver Partner participating in the Program.

(i) Program Period has the meaning given to it in Section 3.3.

(j) Program Tier means a loyalty status tier within the Program as described in Section 3.1.

(k) Quality Standards has the meaning given to it in Section 3.1(d).

(l) Rewards means certain benefits and offers from Uber and certain third parties as further described in Part 2 of these Terms and as displayed in the “Uber Pro” section of the Uber Driver App.

(m) Uber Driver App means the mobile application licensed to Driver Partners under the Technology Services Agreement to enable them to seek, receive and fulfil requests for transportation services.

(n) Uber Eats means the on-demand food delivery business of the name provided by affiliates of Uber.

6.2 Interpretation

In these Terms, unless the context otherwise requires:

(a) headings and information boxes are for convenience only, and do not affect interpretation;

(b) reference to any document includes reference to that document as amended, novated, supplemented, or replaced from time to time;

(c) a person includes any type of entity or body of persons, whether or not it is incorporated or has a separate legal identity, and any executor, administrator or successor in law of the person;

(d) if an example is given of anything, such as by saying it includes something else, the example does not limit the scope of that thing; and

(e) "written" and "in writing" include any means of reproducing words, figures or symbols in a tangible and visible form.

Contact Us

If you have questions or comments regarding the Program you may contact Uber Support via the “Help” section of the Uber Driver App, or contact us at https://help.uber.com/.

Part 2: Individual Rewards

The following list includes details on a selection of the current offers in the Program, provided by participating partners or Uber. Please note that offers from external participating partners, including but not limited to the qualifications for accessing the Rewards, as well as the identities of the partners themselves, are subject to change at any time in Uber’s discretion. There may be additional rewards not listed here, but which appear in your Driver app.

bp

Who is Eligible: All Program Members are eligible to access fuel discounts and other offers from bp at participating sites. The amount of the fuel discount you may be eligible for will vary depending on your Program Tier.

Please see the “Uber Pro” section of your Uber Driver app for full terms and conditions, including details on how to redeem this Reward.

Supercheap Auto: Discounted Auto Retailing

Who is Eligible: All Program Members are eligible for this Reward, subject to the terms on the Supercheap Auto website.

Supercheap Auto provides discounted pricing on in-store and online auto retail and services to Program Members as displayed on the Supercheap Auto website. The discount you may receive will depend on your Program Tier, as detailed in your Driver Account and on the Supercheap Auto website.

Beaurepaires

Who is Eligible: All Program Members are eligible for this Reward, subject to the terms and conditions stipulated by Beaurepaires and those contained in the “Uber Pro” section of your Driver Account.

Beaurepaires offers discounted products and services to Program Members across tyres, wheels, batteries, oil, wheel alignment servicing and wheel balancing, as displayed when you tap the Beaurepaires Reward in the “Uber Pro” section of your Uber Driver app. The discount you may receive will depend on your Program Tier, as detailed in your Driver Account.

2degrees

Who is Eligible: All Program Members are eligible for this Reward, subject to any further terms set out in the Rewards section of your Driver App and these terms and conditions.

Program Members can receive 20% off selected Pay Monthly plans, accessories and Prepay Top Ups and $10 off Broadband offers with 2degrees as follows:

20% off 2degrees Pay Monthly plans

All Pay Monthly plans include unlimited calls and texts. Excludes phone repayments, Pool Plans and $30 Pay Monthly Plan. Each Program Member can only use their referral code once for Pay Monthly Plans.

20% off 2degrees accessories

When purchasing your accessories in-store. Excludes Apple, Samsung and Beats original branded accessories and Accessory Bundles.

20% off Prepay Top Ups

When purchasing your Top Up in-store.

$10 off 2degrees Broadband offers

How to Redeem

If eligible, it may take up to 2 billing cycles to see the discount come through. Please contact your 2degrees customer care representative for more information.

2degrees Mobile Ltd terms and conditions apply, visit the 2degrees website for more details.

Priority Airport Rematch

Who is Eligible: Driver Partners in the Platinum and Diamond Program Tiers.

This Reward is subject to availability at selected airports, which may change at any time without notice. If available, a qualifying Program Member may get prioritised for a potentially faster pickup at the airport. For more information tap here.

Trip Duration and Trip Direction

Who is Eligible: Driver Partners in the Gold, Platinum and Diamond Program Tiers who maintain a trip acceptance rate of 85% or higher (calculated based on your acceptance rate for the previous 30 days from your last completed trip).

This Reward applies to all trips on the Uber Driver app but does not apply to Uber Eats deliveries. For more information tap here.

Area Preferences

Who is Eligible: Driver Partners in the Platinum and Diamond Program Tiers. Area Preferences is only available in select cities, which are subject to change at Uber’s sole discretion without notice.*

Area Preferences allows Driver Partners to select areas in their city for which they would like to receive trip requests (which must include the area they are in at the time of activating the feature). While the Area Preferences feature is activated, Driver Partners will only receive trip requests where the pick-up and drop-off destinations are within the boundaries of the areas they have selected within the Uber Driver App. Feature is redeemable for up to 2 hours per day.

While using Area Preferences:

(i) Driver Partners will not receive Airport pick-up requests. In order to be added to Airport virtual queues, Driver Partners must first have Area Preferences turned off and be located at a holding area within an Airport; and

(ii) Driver Partners will not be able to use the “Destination” or “Extra Destination” filters in the Uber Driver App (and vice versa). To use these filters, Driver Partners must first have Area Preferences turned off.

*Area Preferences is currently only available in: Auckland, Wellington, Christchurch, Hamilton, Tauranga, Queenstown, Dunedin, Napier-Hastings, Palmerston North and New Plymouth.

Status Protection

Who is Eligible: Driver Partners who achieve or requalify for the Platinum or Diamond Program Tier and maintain the same status for the remainder of that Program Period and the following Program Period.

This Reward allows eligible Program Members to choose to protect their Program Tier status for one future Program Period of their choice, provided they meet the Quality Standards required for Gold, Platinum and Diamond Program Tiers (Status Protection Pass). Eligible Program Members may only access a maximum of one Status Protection Pass at any time. Status Protection Passes expire 12 months from the issue date. Please refer to the “Uber Pro” section of your Uber Driver App for more details.

Extra Destination Filter

Who is Eligible: Driver Partners in the Platinum and Diamond Program Tiers.

Eligible Program Members who take a long trip to areas where there are a low number of trip requests (Eligible Trip) may receive access to an “Extra Destination” filter option at the bottom of the request screen on their Uber Driver App. When the Eligible Trip ends, the Driver Partner will be able to set any location as an “Extra Destination” via the Uber Driver App, which will attempt to filter requests for trips heading in the same general direction. This Reward must be used within 15 minutes after the Eligible Trip ends, otherwise it will be forfeited.

The “Extra Destination” filter works in the same way as the “Destination” filter on the Uber Driver App, but does not count towards the maximum daily limit of 2 destinations.

Uber reserves the right to determine which trips meet the eligibility criteria for this Reward. Trip requests and locations using the “Extra Destination” feature are not guaranteed. For further details, please refer to the “Uber Pro” section of your Uber Driver App.

Priority Support

Who is Eligible: Driver Partners in the Diamond Program Tier.

Driver Partners in the Diamond Tier have access to priority call support from Uber, which may result in relatively shorter wait times when contacting Uber Support. Wait times are not guaranteed and subject to change, depending on several factors including call/message volume and time of day.

Diamond Challenge Cash Reward

Who is Eligible: Driver Partners who achieve or requalify for Diamond Program Tier status in one Program Period and maintain such status until the end of that Program Period. Offer applies to Program Periods between May 1, 2023 and April 30, 2024 only. Offer will not apply where the Status Protection Pass has been used to achieve or maintain Diamond Program Tier Status.

Under this Reward, the Driver Partner will receive a one-time cash reward of $500 (Cash Reward). The Cash Reward will be given to eligible Driver Partners in the Program Period after the Program Period during which Diamond Program Tier status is achieved.