Uber Gift Card Terms of Use | Australia
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These Uber Gift Card terms and conditions (“Gift Card Terms”), constitute a legally binding agreement between you as the user and the issuer of Uber Gift Cards, Uber Pacific Pty. Ltd (“Uber”).
1. Uber Gift Card Terms & General Terms
1.1 By purchasing and/or using the Uber Gift Card, you indicate your acceptance of these Uber Terms.
1.2 These Gift Card Terms:
(a) supersede any prior terms or agreements with you in respect of Uber Gift Cards; and
(b) only relate to the use and redemption of Uber Gift Cards to top up your Uber Cash balance.
1.3 You can find a digital copy of these Gift Card 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 Gift Cards loaded to the Wallet and reflected as Uber Cash balance. In the event of a conflict between these Gift Card Terms and the General Terms regarding Gift Cards, these Gift Card Terms prevail.
2. Definitions
All capitalized terms in these Gift Card Terms have the meaning set forth in the General Terms, unless otherwise defined in these Gift Card Terms.
2.1 "Balance Limit" means AUD1,000.
2.2 “General Terms” means Uber’s terms and conditions, as amended or restated from time to time.
2.3 “Gift Card Terms” means these Uber Gift Card terms of use, as amended or restated from time to time.
2.4 “Payment Method” means a method of payment within your Uber account for Transactions within the Territory.
2.5 “Privacy Notice” means Uber’s Privacy Notice, as amended or restated from time to time.
2.6 “Territory” means Australia.
2.7 “Third Party Provider” has the meaning in the General Terms.
2.8 “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.
2.9 “Uber” means Uber Pacific Pty Ltd, a private limited company incorporated in Australia, with its registered office situated at C-/ PKF Sydney, Level 8, 1 O'Connell Street, Sydney, New South Wales 2000 under ACN 622 366 116.
2.10 “Uber Provided Services” has the meaning set out in the General Terms.
2.11 “User” or “you” means you as the individual who purchases an Uber Gift Card or to whom an Uber Gift Card has been given or otherwise transferred.
2.12 “Wallet” means the digital wallet linked to your Uber account in which we administer your Gift Card balance and other Payment Methods, including Uber Cash.
2.13 “we” or “us” means Uber.
3. Gift Cards
3.1 Once an Uber Gift Card has been purchased, it may be transferred to any other person. For a physical Uber Gift Card, this is done by physically giving it to the other person before it is activated. For a digital Uber Gift Card, this is done by following the directions in the Uber app or Uber Eats app.
3.2 To use the Uber Gift Card, you must first activate it by entering its code into an active and valid Uber account.
3.3 The Gift Card may only be redeemed via either the Uber app or the Uber Eats app for credit to an Uber Wallet in the Territory. Please follow these steps to activate the Uber Gift Card in the Uber app or Uber Eats app:
1) Go to Profile icon in your Uber app;
2) Tap on “Wallet”
3) Tap on “Gift Card balance”
4) Tap “Enter Gift Code”; and
5) Enter the card’s Gift Code.
Alternatively, please follow these steps to redeem the Uber Gift Card in the Uber Eats app:
1) Go to the profile icon in your Uber Eats app;
2) Tap on “Wallet”
3) Tap on “Gift Card balance”
4) Tap “Enter Gift Code” and
5) Enter the card’s Gift Code.
3.4 Non transferability. Once activated, the value redeemed from an Uber Gift Card and reflected as “Gift Card balance” in your Wallet may not be transferred between Uber accounts.
3.5 Secondary payment method. You may be required to add a secondary Payment Method to use the Uber Gift Card with the Uber app or the Uber Eats app if the balance from the Uber Gift Card is not sufficient to cover the price of your Transaction.
3.6 Redeeming multiple gift cards. If you activate multiple gift cards, the gift card balances available to you will be aggregated and reflected in your Uber Cash balance.
3.7 Limits on transaction spend. Limits may apply to your redemption of Uber Cash. Please see the Uber Cash Terms for the Territory.
3.8 Fees. No fees apply to your purchase or holding of Uber Gift Cards.
3.9 Time limit for activation. An Uber Gift Card must be activated by the expiry date specified on the Uber Gift Card. If an Uber Gift Card is not activated before its expiry date, the value standing to the credit of the Uber Gift Card is forfeited.
3.10 No expiry on Gift Card balance. Once redeemed into your Wallet your Gift Card balance does not expire.
3.11 In addition to these terms and conditions, Uber Gift Cards are additionally subject to any other terms and conditions specified on the card.
4. Default payment method
If you have other Payment Methods linked to your Uber account, Uber Cash value from your Uber Wallet will be set as your default Payment Method. Please see the Uber Cash Terms (uber.com/legal) for the Territory. If you wish to use another Payment Method, go to your Profile icon in the Uber app or the Uber Eats app, tap “Wallet”, scroll to “Payment methods” and select your preferred Payment Method before booking a Rides service or paying for a transaction.
5. Non-reloadable
An Uber Gift Card cannot be reloaded with additional funds.
6. Non-refundable, returnable or redeemable
6.1 Once redeemed and reflected as “Uber Cash balance” in your Wallet, the Uber Gift Card is not refundable, returnable, or redeemable for cash except where required by law, whether or not it has been activated.
6.2 In accordance with the Uber Cash Terms, we may be unable to, or we may refuse a request to, redeem one or more Gift Cards and load Uber Cash, for example if loading Uber Cash from an Uber Gift Card or other accepted Payment Method makes your aggregate Uber Cash balance in your Uber Wallet exceed the Balance Limit.
6.3 Uber Gift Cards may not be used to make a payment on a credit account.
6.4 You may not purchase other gift cards with an Uber Gift Card.
6.5 Purchases (being loading of Uber Cash balance) made with value from the Uber Gift Card are not refundable, except where required by law, including under the Australian Consumer Law. For questions, please contact Uber Support.
7. Customer Support and Enquiries
You may find your Uber Cash balance in your Uber Wallet in your Uber app or Uber Eats app by:
1) Tapping on your Profile;
2) Tapping “Wallet”
3) Scrolling to “Uber Cash balance”
8. Assignment and Novation
You agree that Uber may novate, sell, transfer or assign the issuance of the Uber Gift Card and/or value standing to the credit of the Uber Gift Card, together with all of its other rights and obligations under these Gift Card Terms, to another issuer, without notice to you unless required by law.
9. Loss of Uber Gift Card
The risk of loss of the Uber Gift Card passes to the Uber Gift Card purchaser at the time of purchase. Uber shall not be responsible for lost, stolen or destroyed Uber Gift Cards, and is not responsible for unauthorised use of the Uber Gift Card. TO THE EXTENT PERMITTED BY LAW, IN THE EVENT THAT AN UBER GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY (AND UBER’S SOLE POTENTIAL LIABILITY) SHALL BE THE REPLACEMENT OF SUCH GIFT CARD, SUBJECT TO ANY ADDITIONAL RIGHTS YOU MAY HAVE UNDER THE AUSTRALIAN CONSUMER LAW.
10. Fraud
Uber reserves the right to void the Uber Gift Card if it reasonably suspects that the Uber Gift Card was obtained or used fraudulently, unlawfully or otherwise in violation of these Gift Card Terms.
11. 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.
12. Amendments
Uber (in its sole discretion) reserves the right to amend these terms and conditions from time to time, subject to applicable law. Uber will only exercise this right as reasonably required to protect its legitimate interests. No variation may be made to introduce any fees for holding or using an Uber Gift Card. Changes to or modifications to these Gift Card Terms will be notified to you by updating the terms and conditions set out on this webpage. The most current Gift Card Terms shall be available at this webpage: (here), and will supersede all previous versions of the Gift Card Terms. The most current Gift Card Terms shall be effective upon the issuer’s posting of such modified Gift Card Terms. Your use of the Uber Gift Card after such posting constitutes your acceptance of the modified Gift Card Terms.
If any term of these Gift Card Terms is deemed to be invalid, void or for any reason unenforceable, such term shall be deemed severable and will not affect the validity and enforceability of any remaining terms of these Gift Card Terms.
13. Governing Law
These Gift Card Terms shall in all respects be interpreted, construed in accordance with, and governed by the laws of New South Wales, Australia, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply.
NOTHING IN THESE GIFT CARD TERMS PURPORT TO LIMIT YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING AUSTRALIAN CONSUMER LAW.
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