Payments Terms

These Payments Terms of Service ("Payments Terms") constitute a legally binding framework agreement between you as an Earner (as defined below) on the platforms provided by Uber (as defined below) ("Uber Platforms"), Uber and Uber Payments UK Limited, a private limited company established in the United Kingdom, with its head office situated at Aldgate Tower, 2nd Floor, 2 Leman Street, London E1 8FA, and registered with Companies House under number 13586339 ("Uber Payments"). You, Uber and Uber Payments are the “parties” to these Payments Terms.

These Payments Terms govern the Payments Services (as defined below) performed at the request of Uber in connection with activities that take place via the Uber Platforms.

The Uber Terms of Service and/or the Services Agreement ("Uber Terms") separately govern the use of the Uber Platforms and the Uber Services. All capitalised terms in these Payments Terms have the meaning set forth in the Uber Terms, unless otherwise defined in Section 2 or elsewhere in these Payments Terms.

1. Scope and Use of Payment Services and Qualification of Payments Terms

1.1 For any part of the Uber Services that constitutes a payment service as defined under the PSRs 2017, Uber has engaged Uber Payments to provide such payment services at the request of Uber to Earners in connection with activities that take place via the Uber Platforms ("Payment Services"). Uber Payments therefore provides you with the Payment Services under these Payments Terms. Such Payment Services may consist of payment processing, acquiring of payment transactions (including enabling acceptance of payment transactions involving Uber Money), money remittance, the execution of payment transactions and/or other payment services in support of the Uber Platforms.

1.2 Uber Payments may restrict the availability of the Payment Services, or certain services or features thereof, as it reasonably requires in order to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. Uber Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time.

1.3 Your access to or use of certain Payments Services may be subject to, or require you to accept, additional terms and conditions if you wish to receive those Payment Services. If there is a conflict between these Payments Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence, unless specified otherwise.

1.4 These Payments Terms are a ‘framework contract’ for the provision of payment services, as defined in regulation 2 of the PSRs 2017.

2. Definitions

2.1 “Affiliate” means an entity that, directly or indirectly, controls, is under the control of, or is under common control with a party, where control means having more than fifty percent (50%) of the voting stock or other ownership interest, the majority of the voting rights of such entity, the ability of such entity to ensure that the activities and business of that Affiliate are conducted in accordance with the wishes of that entity or the right to receive the majority of the income of that Affiliate on any distribution by it of all of its income or the majority of its assets on a winding up.

2.2 "Agreement" means the services agreement between Uber and you governing your use of the Uber Platforms, including any general terms and conditions applicable thereto, as amended from time to time.

2.3 "Business Day" means a day on which banks in the United Kingdom are open for regular business.

2.4 "E2E Charge" means the amount charged by an Earner to another Earner resulting from a Service provided by an Earner to the other Earner in accordance with the Agreements of each of the Earners.

Example: when making a delivery on the Uber Eats platform, a courier provides a delivery service directly to the restaurant. Under its agreement, the restaurant will be required to pay the couriers for the delivery service provided by the courier to the restaurant. The fee due by the restaurant to the courier is an example of an E2E Charge.

2.5 "Earner" means you or another independent company or person supplying goods and/or services through the Uber Platforms for which you or the other company or person have entered into an Agreement with Uber.

2.6 "Earner Charges" means all amounts charged by an Earner to a User or to another Earner (i.e. the E2E Charge) for the provision of the Services.

Examples of an Earner Charge are:

• the fare (including any other charges) charged by a driver to a rider;
• the amount charged by a restaurant to a user ordering from that restaurant;
• the amount charged by a technology services provider to a transportation service provider.

2.7 "Fees" means any fee due from you to Uber or third parties (including any E2E Charges, chargebacks, etc.) pursuant to the Agreement or the Payments Terms.

2.8 “Micro-Enterprise” means an Earner which, on the date it registers for the Services, had fewer than 10 employees and an annual turnover and / or balance sheet total of €2 million or less, or if it is part of a group, the group had an annual turnover and / or balance sheet total of €2 million or less, as more specifically defined under the PSRs 2017.

2.9 "Payments Terms" means these general terms and conditions for the Payment Services, as amended or restated from time to time.

2.10 “Pay-out" means a settlement by Uber Payments to you of a Pay-out Amount in whole or in part.

2.11 "Pay-out amount" means the amounts due to you which consists of the Earner Charges plus Uber Amounts paid to you and received by Uber Payments minus Fees, as further described in section 5.1.

Example: where a restaurant prepares a meal for an eater, the eater is charged a meal fare. This meal fare is collected on behalf of the restaurant and the fees due to Uber are deducted. The amount of the meal fare minus the fees is the amount available for pay-out to the restaurant - this is the Pay-out amount.

2.12 "Payment Services" means services provided to you by Uber Payments at the request of Uber, as described in sections 1 and 5.

2.13 "PSRs 2017” means the UK Payment Services Regulations 2017 (SI 2017/752).

2.14 "Services" means any supplying of goods and/or services provided by you as laid down in the Agreement.

2.15 “Small Charity” means a charity that is properly registered and meets the appropriate statutory definition in England & Wales, Scotland or Northern Ireland, whose annual income is less than £1 million, as more specifically defined in the PSRs 2017.

2.16 "Uber" has the meaning given to this term in the Agreement .

2.17 "Uber Amount" means any applicable payment, incentive or other amount due by Uber to you under the Agreement.

2.18 “Uber Money” means a stored value amount (constituting electronic money) issued by Uber Payments to a User that can be used by the User to pay an Earner Charge.

2.19 "Uber Payments" means Uber Payments UK Limited, a private limited company established in the United Kingdom, with its head office situated at Aldgate Tower, 2nd Floor, 2 Leman Street, London E1 8FA, and registered with Companies House under number 13586339.

2.20 "Uber Platforms" means the digital platforms that provide the infrastructure and rules for the digital marketplaces offered by Uber.

2.21 "User" means the end user which is authorised by Uber to use the mobile application of Uber in order to use and pay for Services.

3. General information

Contact details:

Uber Payments UK Limited

Aldgate Tower,

2nd Floor,

2 Leman Street,

London

E1 8FA

Uber Payments UK Limited is authorized by the Financial Conduct Authority under the Electronic Money Regulations 2011 (FRN: 959722) for the issuing of electronic money and provision of payment services.

Uber Payments holds funds to cover Pay-out amounts it owes you in one or more segregated bank accounts. Whilst Uber Payments does not hold any funds on trust for you, in the event of its insolvency, you would be paid from these segregated bank accounts in priority to other creditors in accordance with applicable laws. If Uber Payments becomes insolvent, it could take time for those funds to be paid to you and, as some costs could be deducted by an administrator or liquidator, you might not be repaid in full. The UK Financial Services Compensation Scheme does not apply in relation to amounts that Uber Payments holds for you.

4. Earner information and personal data

4.1 The Earner must promptly provide Uber Payments, or a party designated by Uber Payments with all data and information reasonably requested by or on behalf of Uber Payments from time to time, which Uber Payments requires to provide the Payment Services and/or to fulfil its legal obligations. Such information may include, for example (but is not limited to), information necessary for Uber Payments to identify you, verify your identity and provide Uber Payments with insight into your ownership and control structure.

4.2 You represent and warrant that data and information provided by you to Uber Payments (or a third party on Uber Payments' behalf) is accurate, not misleading and complete.

4.3 In the event any of the information you have provided to Uber Payments under section 4.1 changes, you must as soon as you reasonably can notify Uber Payments of such changes via the Uber Platforms. Until the moment that Uber Payments has received such updated data or information, Uber Payments may assume that the data and information provided to Uber Payments or the person designated by it are up to date, complete and correct.

4.4 Subject to all applicable laws, Uber Payments may provide to a third party, such as a court of law, a regulatory body or law enforcement (the “Information Recipient”), any information (including personal data) about you collected and processed for the purpose of providing the Payment Services if: (a) there is a complaint, dispute or conflict between you and a User regarding a payment and Uber Payments reasonably needs to share the information with the Information Recipient to help resolve the matter or in order to meet legal or regulatory obligations; (b) it is necessary to enforce the Payments Terms, (c) Uber Payments, Uber or another Affiliate reasonably believes it must provide the information to the Information Receipient in order to satisfy applicable law or regulation; (d) Uber Payments, Uber or their Affiliate reasonably believes it necessary to provide the infromation to the Information Receipient in order to (1) protect the safety, rights, property or security of Uber Payments, Uber, the Payments Services or any third party, (2) detect, prevent or otherwise address fraud, security or technical issues, and/or (3) prevent or stop activity which Uber Payments, Uber or any of its Affiliates reasonaby consider to be, or to pose a risk of being, illegal, unethical or legally actionable; or (e) Uber Payments, Uber or another of their Affiliates reasonably considers it necessary to disclose the infromation to the Information Recipient, for insurance or other purposes related to you ability to qualify, or remain qualified, to use the Uber Services. Uber Payments may retain your personal data for legal, regulatory, safety, and other necessary purposes after the Agreement is terminated. Uber Payments processes personal data in accordance with the Uber privacy policy at https://privacy.uber.com/policy .

4.5 When entering into the Payments Terms, Uber Payments will ask for your consent in accordance with regulation 97 of the PSRs 2017 to access, process and retain personal data necessary for the provision of the Payment Services. You can revoke the consent given in accordance with this clause at any time. If you revoke the consent, you will not be able to use any Uber Services and Uber will have to terminate the Agreement.

5. Payment services provided by Uber Payments at request of Uber

5.1 Uber Payments enables you to accept and receive payments from Users (which Users can make using a range of payment methods which are made available on the Uber Platforms from time to time, including Uber Money where available) or from another Earner, in return for the Services that you provide to them through an Uber Platform. You therefore agree that Uber Payments will process payments made by Users (including Uber Money payments, where available) and from other Earners for your Services. Uber Payments shall receive any funds paid by a User (including Uber Money payments, where available), by another Earner (the Earner Charges) or by Uber (the Uber Amounts) to you and settle such funds to you less any applicable Fees (together, the Pay-out Amount) as set-out in section 7.

5.2 Uber Payments shall be responsible for receiving and settling the Pay-out Amount to which you are entitled. Uber Payments shall only settle amounts it has actually received from a User or another Earner or another payment service provider (and in the case of an Uber Amount, from Uber) for your Services. Uber Payments is also the issuer of Uber Money, and therefore when a User pays using Uber Money, Uber Payments is treated as always receiving the full amount of an Uber Money payment.

6. Earner Charges and E2E Charges

6.1 Uber Payments will collect the Earner Charges (including E2E Charges) paid to you for the Services you have provided and the Uber Amounts. Any such Earner Charges and Uber Amounts will be received by Uber Payments who shall subsequently settle Pay-out Amounts to the Earner in accordance with sections 5 and 7 of these Payments Terms.

6.2 Uber Payments will transfer the Pay-out Amount to you in the currency in which the Earner Charge or Uber Amount was received by Uber Payments.

6.3 Uber Payments will settle Pay-outs to the bank account designated by you on the relevant Uber Platform. You may only designate a bank account that is held in your own name for Pay-outs. Any changes to the bank account must be notified to Uber Payments as soon as possible. You represent and warrant that the bank account designated by it on the Uber Platform is a bank account held in your own name.

6.4 You authorize Uber Payments to use the Earner Charges (including for the avoidance of doubt, the E2E Charges) to satisfy all claims of Uber or third parties vis-à-vis you under or pursuant to the Agreement and/or the Payments Terms. Uber Payments is authorized to deduct the amount of such claims from the Earner Charges and transfer such amounts to Uber and itself. Uber Payments shall in this respect be entitled to solely rely on the information it receives from Uber as to any amounts due from you to Uber, subject to any evidence you provide to the contrary.

7. Pay-out

7.1 Uber Payments will make each Pay-out amount available for Pay-out to you as soon as funds for the Pay-out amount have been credited to Uber Payments’ bank account. When a User pays using Uber Money, the payment amount will always be treated as credited to Uber Payments’ bank account on the day the payment is made.

7.2 Uber, Uber Payments and the Earner can agree that Pay-outs will take place on a specific incidental or recurring date. Such agreement constitutes a request for Pay-out. Such request for Pay-out will be regarded as having been received by Uber Payments on the moment that the Earner indicates on the relevant Uber Platform that it wishes to receive Pay-out and the agreement to that request has been confirmed by Uber.

7.3 Any request for Pay-out received by (or on behalf of) Uber Payments (a) on a day that is not a Business Day or (b) after 17:00 London time on a Business Day will be regarded as having been received on the next Business Day.

7.4 If Pay-out takes place in GBP or EUR, Uber Payments will ensure that the account of the bank holding such account is credited with the Pay-out amount no later than on the end of the first Business Day immediately following the receipt of the request for Pay-out in accordance with these Payments Terms.

7.5 In all circumstances other than as described in section 7.3, Uber Payments will ensure that Pay-out by Uber Payments takes place within a reasonable term.

8. Refusal and limitations on Pay-out

8.1 Uber Payments may at any time (at its own discretion) decide not to process an Earner Charge or Uber Amount or may refuse to settle any Pay-out Amount to you if:

• transferring such an amount would conflict with the law, relevant guidance or requests from a competent regulator or a binding judicial order;
• Uber Payments considers it reasonable and necessary not to pay-out such amount because it would conflict with its policies or applicable procedures as notified to and binding on you;
• Uber Payments reasonably believes that the payment being settled or the Service being paid for is in violation of the Agreement or the Payments Terms;
• Uber or Uber Payments reasonably suspects that you are using their services fraudulenty or otherwise unlawfully in conjunction with the payment being settled or the Service being paid for.

8.2 Uber Payments may at any time decide not to settle any Pay-out Amount to you if it considers it reasonable and necessary not to pay-out such amount, for example because it would conflict with its internal policies and procedures.

8.3 As necessary for compliance with applicable laws and regulations, or for reasonable operational reasons, Uber Payments may limit the amount of each individual Pay-out. If the total amount owed to an Earner is at any time higher than the limit determined by Uber Payments in accordance with the previous sentence, Uber Payments may initiate a series of Pay-outs in one day or on subsequent days.

8.4 If Uber Payments refuses to process or settle a payment under section 8.1 or 8.2, Uber Payments (or Uber on its behalf) will notify you as soon as possible of the refusal; if possible the reasons for the refusal; and if it is possible to provide reasons for the refusal and those reasons relate to factual matters, the procedure for correcting any factual errors that led to the refusal. Uber Payments will notify you at the earliest opportunity, and in any event no later than the end of the periods indicated in Section 7, as applicable. Any such notification will be made through the Uber Platforms. Uber and Uber Payments shall not be required to notify the Earner if such notification is prohibited by the laws applicable to it or is prohibited by a competent court or regulator.

8.5 Uber Payments may limit or temporarily or permanently suspend your access to the Payment Services as it reasonably thinks appropriate (i) to comply with applicable law, or the order or request of a court, law enforcement, a regulator or other administrative agency or governmental body, or if (ii) you have materially breached the Payments Terms, the Agreement, applicable laws, regulations or third-party rights, (iii) you have provided inaccurate, fraudulent, outdated, misleading or incomplete information under the Payments Terms or the Agreement and this materially affects Uber Payments’ decision to agree to provide you with Payment Services or Uber’s decision to agree to provide you with its services under the Agreement, or (iv) Uber Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of Uber, Uber Payments, Users, other Earners, or third parties, or to prevent fraud or other illegal activity.

8.6 The purpose of the Payments Terms is for provision of Payment Services in relation to Services you provide under the Agreement. Therefore, Uber Payments may suspend your access to the Payment Services if and for as long as Uber suspends the Agreement, or if Uber terminates the Agreement.

8.7 Uber Payments may suspend your access to the Payment Services if your provision of the Services through the Uber Platforms is no longer in accordance with (i) applicable laws; (ii) the standards and policies of Uber as notified to and binding on you under the Agreement or these Payments Terms; or (iii) the Agreement or these Payments Terms.

8.8 You are responsible for compliance with all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with the use of the Payment Services, you may not (nor may you assist or enable others to):

a. breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, the Agreement and/or the Payments Terms;

b. use the Payment Services for any commercial or other purposes that are not expressly permitted by the Agreement and/or the Payments Terms; or

c. take any action that you know damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services or if you think such action is likely to have such an effect.

9. Incorrect processing of payments

9.1 Sections 9.2 to 9.4 set out Uber Payments’ liability and obligations if it does not process, or if it incorrectly processes, a payment instruction that it is obliged to process under these Payments Terms (a “Failed Instruction”).

9.2 For a payment to you by a User or by another Earner:

a. Uber Payments will immediately and correctly re-transmit any Failed Instruction; and

b. If you ask Uber Payments to do so, where an instruction for the payment to you has not been processed or has been incorrectly processed, Uber Payments will (without charge, and even if Uber Payments is not responsible for the processing failure) make immediate efforts to trace that payment and notify you of the outcome.

9.3 If there is a Failed Instruction for a payment to you of an Uber Amount or using Uber Money or by another Earner, if Uber Payments in fact received the payment, Uber Payments will immediately make the funds available to you, subject to its usual settlement times in Section 7 and subject to any set off Uber Payments is permitted to make under this Payments Agreement (for example, under Section 6.4).

9.4 Uber Payments will reimburse you for any charges or interest you have to pay as a result of a Failed Instruction.

9.5 You may also ask Uber Payments to trace a payment under Section 9.2(b) where an instruction for a payment by a User has not been processed or has been incorrectly processed by a third party rather than us.

9.6 Sections 9.2 to 9.5 only apply if you have informed Uber Payments about the relevant failure without undue delay upon becoming aware of it and in any event within thirteen months of it happening.

10. Transactional information

10.1 At least once a month (except where no payments have been made to you), Uber Payments will (free of charge) make information on your payments available to you through the Uber Platform.

10.2 This information will identify each payment, who paid you, the payment amount (and if Uber Payments converted that amount, the exchange rate it used and the amount after conversion), a breakdown of any charges for the payment, and any information transferred with the payment.

11. Communications between you and Uber Payments

11.1 You may contact Uber Payments by contacting Uber and/or Uber Payments through http://help.uber.com (log in to receive personalised support), or such other means as Uber Payments may agree from time to time.

11.2 Uber Payments and Uber may communicate with you in relation to these Payments Terms by e-mail to the e-mail address contact details you have provided to Uber, or by placement on the online portal available to you on the Uber Platforms, or by any other means that Uber Payments or Uber may agree, using the contact details you have provided to Uber Payments or Uber.

a. Where Uber Payments or Uber is required by applicable law to provide you with information using a particular method, it will do so.

b. In order to view emails you need a computer with software that can display emails in HTML format and to access the online portal you need to use a compatible web browser.

11.3 All notices and communications between you and Uber Payments or Uber must be in English. However, Uber Payments and/or Uber may send you notifications and communications relating to these Payments Terms in another language where applicable law requires it to, or otherwise where it is reasonably practical for it to do so.

11.4 Uber Payments will accept instructions from you through the Uber Platform. It will rely on any instruction or information it receives through the Uber Platform using your security credentials as your authorisation for that instruction to be given or that information to be sent. You must take all reasonable steps to keep your security credentials safe. Uber Payments is not liable for any loss or harm that you or any other person may incur or suffer as a result of it relying on instructions or information sent through the Uber Platform using your security credentials but which are in fact sent without your authorisation. This does not, however, affect Uber Payments’ obligations under Section 9.

11.5 If Uber Payments thinks its Payment Services are at risk of fraud or face a security threat, it will contact you through the Uber Platform or another secure procedure using the details you have provided to tell you what you need to do to help manage that risk.

12. Interest

Uber Payments will not pay any interest over the Pay-out Amount or any other funds held by Uber Payments and designated for an Earner.

13. Costs

13.1 Fees for providing the Payment Services form part of the fees agreed in the Agreement. Uber Payments will not charge any additional fees to such fees agreed upon under the Agreement.

13.2 Any other costs pursuant to the Payments Terms shall be for your account and due to Uber as Fees.

14. Liability

14.1 Uber Payments and each of its Affiliates are not liable under or relating to the Agreement or the Payments Terms for any of the following losses or damages, whether arising as a result of a breach of contract, negligence, non-fraudulent misrepresentation, or otherwise, even if Uber Payments or its Affiliate has been informed in advance about the possible occurrence of the losses or damage: (i) any incidental, punitive, special, exemplary, consequential, or other indirect damages of any type or kind; or (ii) your or any third party’s property damage, or loss or inaccuracy of data, or loss of business, revenue, profits, use or other economic advantage.

14.2 You agree that all claims that you have or means to have against Uber Payments and each of its Affiliates and subsidiaries should be disclosed to Uber Payments within one (1) year after the event that gave rise to the claim and that the Earner forfeits all such claims if it fails to meet this obligation.

14.3 Nothing in these Payments Terms will exclude or limit:

a. your liability or the liability of Uber Payments, Uber or their Affiliates for wilful misconduct, gross negligence, death or personal injury due to negligence, or fraudulent misrepresentation, or to the extent that such liability cannot otherwise be excluded or limited under applicable laws; or

b. Uber Payments’ liability under Section 9 or its obligation to settle payments (less any permitted deductions) in accordance with this Payments Agreement.

15. Indemnification

15.1 You shall indemnify, defend (at Uber Payments’ option) and hold harmless Uber, Uber Payments and each of its Affiliates and their respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, reasonable expenses (including legal fees), damages, penalties and fines arising out of or related to: (a) your material breach of your representations, warranties or obligations under these Payments Terms; or (b) a claim by a third party (including Users, regulators and governmental authorities) directly or indirectly related to ’your failure to provide your Services in accordance with the Agreement and applicable laws.

15.2 This Section 15 shall not be applicable with respect to liabilities, reasonable expenses (including legal fees), damages, penalties or fines if and to the extent that they arise out of or relate to a failure by Uber, Uber Payments, their Affiliates, or their respective agents, officers, directors, employees, agents, successors and assigns to comply with the Agreement, these Payments Terms, their obligations under applicable laws and regulations, or to their negligence or wilful misconduct.

16. Term and Termination

16.1 The Payments Terms commence on the later of (i) the date on which they become applicable in accordance with section 1.5 or (ii) the date on which the Agreement is entered into by you and shall continue until terminated as set forth herein.

16.2 You can end these Payments Terms or any of the Payment Services at any time free of charge through the Uber Platform. N.B. Ending these Payments Terms or any of the Payment Services may mean that you can no longer receive services from Uber and that the Agreement also ends.

16.3 Uber Payments can end these Payments Terms, or any of its Payment Services, at any time, by notifying you at least two months before ending it.

16.4 Uber Payments can end these Payments Terms, or any of its Payment Services, more quickly (including immediately) by notifying you, if:

a. it reasonably believe you are using, or attempting to use, its Payment Services fraudulently or otherwise in a way that would cause either you or Uber Payments to break applicable laws; or

b. Uber Payments has to do so under applicable laws.

16.5 The Payments Terms end with immediate effect in the event of the your Agreement with Uber ends.

16.6 In addition, Uber Payments may on less than two months’ notice (including with immediate effect), terminate these Payments Terms, or any of its Payment Services, if (i) you have seriously or repeatedly breached your obligations under these Payments Terms; (ii) you have provided materially inaccurate or incomplete information requested by us under Section 4 or have failed to update us about a material change to information you previously provided in accordance with Section 4; (iii) you have violated applicable laws, regulations, or third-party rights; (iv) you are declared insolvent or bankrupt, or you have submitted or sent a request for deferment of payment (or any similar action or event) to Uber or Uber Payments or (v) Uber Payments believes in good faith that such action is reasonably necessary to protect other Earners, Uber, Uber Payments or third parties such as Users (for example in the case of fraudulent behaviour of an Earner).

16.7 In addition, Uber Payments may on less than two months’ notice (including with immediate effect) terminate the Payments Terms if your provision of the Services through the Uber Platforms is no longer in accordance with (i) applicable laws; (ii) the standards and policies of Uber as notified to and binding on you under the Agreement or these Payments Terms; or (iii) the Agreement or these Payments Terms.

16.8 The Payment Services under these Payments Terms are to support payment for Services you provide under the Agreement. Therefore, a notice by you to Uber Payments to terminate these Payments Terms may also be treated by Uber as a notice to terminate the Agreement.

16.9 If the Payments Terms are terminated, Uber Payments will no longer provide you with its Payment Services, including that it will not accept or process any new Earner Charges and will Pay-out any Pay-out Amount (if any) to you as soon as possible in accordance with the final sentence of section 6.1. The Payments Terms shall survive up and until the moment that all outstanding payment obligations of Uber Payments and you have been satisfied.

17. Modification and additional terms

17.1 Uber Payments reserves the right at any time to modify these Payments Terms with a notice period of 2 months before the proposed date of application, where the modifications take effect after the publication of an updated version of the Payments Terms on the Uber Platforms. If there is a change in applicable legislation and/or regulations, Uber Payments reserves the right to immediately modify these Payments Terms. Uber Payments also reserves the right to modify information that is referred to via hyperlinks in the Payments Terms, if any, as appropriate. The Earner confirms and agrees that by using the services provided via the Uber Platforms, the Earner is bound to future modifications and additions to these Payments Terms and information referred to through the hyperlinks contained in these Payments Terms (including modifications and additions in relation to the Earner Charges). Continued use of the Uber Services and/or the Payment Services provided via the Uber Platforms after such changes means that the Earner agrees to such modifications. In the event that the Earner does not agree to the modified terms, the Earner can terminate the Agreement in accordance with its terms and consequently terminate the Payments Terms free of charge pursuant to section 14.2.

17.2 Additional terms and conditions may apply to the Payment Services. You may, if applicable, be offered these additional terms and conditions to agree to if you wish to receive those Payment Services. Additional terms and conditions are in addition to, and are deemed to be part of, the Agreement and these Payments Terms. In the event of conflict, the additional terms prevail over these Payments Terms.

18. Miscellaneous Terms

18.1 If any (part of a) provision of these Payments Terms is held to be invalid, unlawful or unenforceable, such provision will be severed from these Payments Terms and will not affect the validity and enforceability of the remaining provisions, which shall continue to be valid and enforceable to the fullest extent permitted under applicable laws.

18.2 You do not have the right to assign, novate or transfer the Payments Terms or the rights or obligations arising from them, in whole or in part, without the prior written agreement of Uber Payments. Similarly, Uber Payments only has the right to assign, novate or transfer the Payments Terms or the rights or obligations arising therefrom in whole or in part with your agreement.

18.3 These Payments Terms, including any additional terms and conditions, constitute the entire agreement and understanding between the parties with respect to the subject matter of these Payments Terms. These Payments Terms replace and supersede all previous and temporary and simultaneous agreements or arrangements regarding the subject matter of these Payments Terms.

18.4 In these Payments Terms, the words "inclusive", “including” and "include" mean "including, but not limited to". The considerations form part of the Payments Terms.

18.5 You represent and warrant that there are no external beneficiaries to the Agreement and Payments Terms. Nothing that is included in the Payments Terms is intended, or may be construed as creating claims on behalf of third parties or as giving rights to third parties, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

18.6 Uber Payments will provide you with a copy of these Payments Terms (without charge) at your request.

19. Exclusion of relevant statutory provisions

If you are not a Micro-Enterprise or Small Charity, you agree that the requirements of Part 6 (information requirements for payment services) will not apply to you and, to the maximum extent possible, regulations 66(1), 67(3), 67(4), 75, 77, 79, 80, 83, 91, 92 and 94 of the PSRs 2017, will not apply. You also agree that a different time period applies for the purposes of regulation 74(1) of the PSRs 2017.

20. Applicable Law and Jurisdiction; Arbitration

The Payments Terms and Uber’s and Uber Payments’ dealings with you with a view to entering into these Payments Terms, are governed by the laws of England and Wales. Any dispute, conflict or controversy, howsoever arising out of or in connection with or relating to the Payments Terms, including those relating to its validity, its construction or its enforceability, shall be settled in accordance with the terms of the Agreement.

21. Complaints

21.1 If you have a complaint related to the Payment Services, please go to http://help.uber.com and log in to receive personalised support.

21.2 Please clearly indicate when you wish to make a complaint. This helps to distinguish a complaint from a mere query or other matters.

21.3 Uber Payments will do its best to resolve your complaint as soon as possible, and send you a final response within 15 days of receiving the complaint. If, in exceptional circumstances, for reasons beyond Uber Payments’ control, it needs more time to respond, it will send you a holding reply within 15 days of receiving your complaint to let you know when you will receive its final response (which will be no later than 35 days from the date on which it first received your complaint).

21.4 If you do not receive Uber Payments’ final response on time or you are unhappy with its final response, you may be entitled to refer your complaint to the Financial Ombudsman Service, details of which are available at http://www.financial-ombudsman.org.uk/consumer/complaints.htm. You can also call them on 0800 023 4567 or tell them about a complaint online (via https://help.financial-ombudsman.org.uk/help).

Consent

You hereby give your consent in accordance with regulation 97 of the PSRs for Uber and Uber Payments to access, process and retain personal data necessary for the provision of the Payment Services set out in the Payments Terms. This personal data includes:

• your name, email address, phone number and address;
• trip information;
• payment or banking information (including related payment verification information);
• government identification numbers, 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 themselves or that Uber Payments receives through a third party, such as a business verification service provider, 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 the Earner’s account;
• Process or facilitate payments;

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 providing the Payment Services, Uber Payments will have to share personal data with its vendors, service providers and business Earners. These include:

• Uber and Uber Payments subsidiaries and affiliates;
• Banks and other payment service providers; and
• Business verification 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 Services and Uber will have to terminate their Agreements with you.