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This Uber Gift Card Agreement (“Agreement”) is between the purchaser and/or redeemer (“you”) of a Uber Gift Card (“Gift Card”), and the issuer, Uber Pacific Pty. Ltd (“Uber”). By purchasing and/or redeeming the Gift Card, you accept the following terms and conditions:
The Gift Card may only be redeemed via the Uber app or the UberEATS app and used within Australia in cities where Uber or UberEATS is available.
Please follow these steps to redeem the Gift Card in the Uber app: 1) Go to the Payment section in the Uber app; 2) Tap “Add Promo/Gift Code”; and 3) Enter the card’s Gift Code. Please follow these steps to redeem the Gift Card in the UberEATS app: 1) Go to the profile icon in the UberEATS app; 2) Tap “Promotions”; and 3) Enter the card’s Gift Code.
You must have an active and valid Uber account to redeem the Gift Card, and Gift Cards may not be transferred between Uber accounts. You may be required to add a secondary payment method to use the Gift Card with the Uber app or the UberEATS app if the balance from the Gift Card is not sufficient to cover the price of your service. Limits may apply to your redemption of or spend using the Gift Card. No fees apply to the Gift Card. Gift Cards have the expiry shown on the card (if applicable). Gift cards are subject to any other terms and conditions shown on the card.
If you have other payment methods in your Uber account, value from the Gift Card will be set as your default payment method. If you wish to use another payment method, go to the Payment section in the Uber app and select the payment method before the service is provided.
The Gift Card cannot be reloaded with additional funds after purchase. The Gift Card is not refundable, returnable, or redeemable for cash except where required by law and may not be used to make a payment on a credit account. You may not purchase other Gift Cards with the Gift Card. For balance inquiry, please visit the Payments Section in your Uber app. Purchases made with value from the Gift Card are not refundable, except where required by law, including under the Australian Consumer Law. For questions, please contact Uber Support.
Uber reserves the right to sell, transfer or assign the issuance of the Gift Card and/or funds underlying the Gift Card to another issuer, without notice to you.
The risk of loss of the Gift Card passes to the Gift Card purchaser at the time of purchase. Uber shall not be responsible for lost, stolen or destroyed Gift Cards, and are not responsible for unauthorised use of the Gift Card. IN THE EVENT THAT A 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.
Uber reserves the right to void the Gift Card if the issuer suspects that the Gift Card was obtained or used fraudulently, unlawfully or otherwise in violation of this Agreement.
If any term of this Agreement 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 this Agreement.
This Agreement shall in all respects be interpreted, construed in accordance with, and governed by the laws of New South Wales, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. To the extent permitted by law, any claim, dispute, or controversy (“Claim”) arising out of or relating in any way to: i) this Agreement; ii) the Gift Card; iii) your acquisition of the Gift Card; iv) your redemption of the Gift Card for use, or attempted use, within the Uber app; v) the amount of available funds on the Gift Card; or vi) advertisements, promotions or oral or written statements related to the Gift Card; no matter how described, pleaded or styled, shall be subject to this Arbitration Provision. The dispute shall first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, SHALL BE ALLOWABLE.
This arbitration provision shall survive: i) the termination of this Agreement; ii) the bankruptcy of any party; or iii) any transfer, sale or assignment of the Gift Card, or any amounts owed on the Gift Card, to any other person or entity. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.
IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION PROVISION, DO NOT USE THE GIFT CARD. SAVE YOUR RECEIPT AND CONTACT IN-APP SUPPORT OR HELP.UBER.COM TO CANCEL THE GIFT CARD AND TO REQUEST A REFUND.
NOTHING IN THIS AGREEMENT PURPORTS TO LIMIT YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING AUSTRALIAN CONSUMER LAW.