UBER B.V.
Terms and Conditions
1. CONTRACTUAL RELATIONSHIP
These Terms of Use (“Uber Terms” or “User Terms”) govern the access or use by you, an individual, from within any country in the world (excluding the United States and its territories and possessions and Mainland China) of applications, websites, content, products, and services (the “Uber Services”) made available by Uber B.V., a private limited liability company established in the Netherlands, having its offices at Burgerweeshuispad 301, 1076 HR, Amsterdam, the Netherlands, registered at the Amsterdam Chamber of Commerce under number 56317441 (“Uber”).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE UBER SERVICES.
Your access and use of the Uber Services constitutes your agreement to be bound by these Uber Terms, which establishes a contractual relationship between you and Uber. If you do not agree to these Uber Terms, you may not access or use the Uber Services. These Uber Terms expressly supersede prior agreements or arrangements with you.
1.1. Supplemental terms
Supplemental terms may apply to certain Uber Services, such as policies for a particular event, activity or promotion, or a particular category of Uber Services. Supplemental terms will be provided to you in connection with the applicable Uber Services.
Any supplemental terms are in addition to, and shall be deemed a part of, the Uber Terms for the purposes of the applicable Uber Services. Supplemental terms shall prevail over these Uber Terms in the event of a conflict with respect to the applicable Uber Services.
1.2. Amendments
Uber may amend the Uber Terms, any supplemental terms or policies (including the "Community Guidelines", available at Uber Legal) related to the Uber Services from time to time. Uber will provide you with at least 07 days’ notice in the event of a material change to any Uber Terms, policies or supplemental terms that detrimentally affects your rights under these Uber Terms. Amendments will be effective upon posting of such updated Uber Terms at this location or the amended supplemental terms or policies on the applicable Uber Service or at this location (as the case may be). Your continued access or use of the Uber Services after such posting, or after the expiry of the notice period (whichever is later), constitutes your consent to be bound by the Uber Terms, policies and supplemental terms, as amended.
1.3. Termination or restriction of the Uber Services
(a) Uber may restrict you from accessing or using the Uber Services, or any part of them, immediately, without notice, in circumstances where Uber reasonably suspects that:
(i) you have, or are likely to, breach these Uber Terms; and/or
(ii) you do not, or are likely not to, qualify, under applicable law or the standards and policies of Uber, to access and use the Uber Services.
(b) Uber may terminate these Uber Terms or any Uber Services with respect to you, or generally cease offering or deny access to the Uber Services or any portion thereof:
(i) immediately, where Uber reasonably suspects that: (i) you have, or are likely to, materially breach these Uber Terms; and/or (ii) you do not, or are likely not to, qualify, under applicable law or the standards and policies of Uber, to access and use the Uber Services; or
(ii) on 07 days’ written notice to you, where Uber, acting reasonably, terminates these Uber Terms or any Uber Services for any legitimate business, legal or regulatory reason.
(c) Without limiting its other rights under these Uber Terms, Uber may immediately restrict or deactivate your access to the Uber Services if you breach the Community Guidelines at any time.
(d) You may terminate these Uber Terms, or stop using the Uber Services, at any time, for any reason.
1.4. Privacy
Our collection and use of personal information in connection with the Uber Services is as provided in Uber’s privacy notice located at https://www.uber.com/legal. Uber may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.
2. THE UBER SERVICES
Uber will provide the Uber Services to you in accordance with these Uber Terms. The Uber Services constitute the provision of a technology platform that enables you, as a user of Uber’s applications or websites (each, an “Application”) to: (a) arrange and schedule certain services with independent third party providers of those services that have an agreement with Uber or its affiliates (“Third Party Providers”), which includes transportation services from those Third Party Providers; and (b) facilitate payments to Third Party Providers for the services provided to you by those parties and receive receipts from an Uber affiliate for those payments.
The Uber Services are made available solely for your personal, non-commercial use, unless Uber has agreed with you otherwise in a separate agreement. You acknowledge that: (a) Uber does not provide transportation services or function as a transportation carrier; (b) all such transportation services are provided by independent third party contractors who are not employed by Uber or any of its affiliates. Uber accepts liability for the Uber Services and Application that it provides to you subject to these Uber Terms. Third Party Providers are solely responsible for the services they provide to you.
Licence
Subject to your compliance with these Uber Terms, Uber grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to: (i) access and use the Applications on your personal device solely in connection with your use of the Uber Services; and (ii) access and use any content, information and related materials that may be made available through the Uber Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Uber and Uber’s licensors.
Restrictions
You may not: (i) remove any copyright, trade mark or other proprietary notices from any portion of the Uber Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Uber Services except as expressly permitted by Uber; (iii) decompile, reverse engineer or disassemble the Uber Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Uber Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Uber Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Uber Services; or (vi) attempt to gain unauthorised access to or impair any aspect of the Uber Services or its related systems or networks.
Provision of the Uber Services
You acknowledge that portions of the Uber Services may be made available under Uber’s various brands or request options associated with transportation, including the transportation request brands currently referred to as “Uber,” “UberX,” “UberPremier,” “UberMoto,” “UberXL,” “UberRentals,” “UberPOP,” “UberBLACK,” “UberSUV,” “UberBERLINE,” “UberVAN,” “UberEXEC,” and “UberLUX”.
You also acknowledge that the Uber Services may be made available under such brands or request options by or in connection with: (i) certain of Uber’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorisations or licences.
Third Party Services and Content
The Uber Services may be made available or accessed in connection with third party services and content (including advertising) that Uber does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Uber does not endorse such third party services and content and in no event shall Uber be responsible or liable for any products or services of such Third Party Providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of Uber Services in any manner. Your access to the Uber Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
Ownership
The Uber Services and all rights therein are and shall remain Uber’s property or the property of Uber’s licensors. Neither these Uber Terms nor your use of the Uber Services convey or grant to you any rights: (i) in or related to the Uber Services except for the limited licence granted above; or (ii) to use or reference in any manner Uber’s company names, logos, product and service names, trademarks or services marks or those of Uber’s licensors.
3. YOUR USE OF THE UBER SERVICES
User Accounts
In order to use most aspects of the Uber Services, you must register for and maintain an active personal user Uber Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Uber Service permits otherwise. Account registration requires you to submit to Uber certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (cash, card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Uber Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Uber in writing, you may only possess one Account.
User Requirements and Conduct
The Uber Services are not available for use by persons under the age of 18. You may not authorise third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation services from Third Party Providers unless they are accompanied by you, and you agree to take full responsibility for their acts or omissions. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Uber Services, and you may only access or use the Uber Services for lawful purposes (e.g., no transport of unlawful or hazardous materials) and in accordance with these Uber Terms. You will not, in your use of the Uber Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party, including Uber, its affiliates or any of their employees, agents or contractors. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Uber Services, and you agree that you may be denied access to or use of the Uber Services if you refuse to provide proof of identity or other method of identity verification.
Commercial Electronic Messaging
By creating an Account, you agree that Uber or its affiliates may send you commercial electronic messages (including email, SMS or push notifications, where applicable) as part of the normal business operation of your use of the Uber Services. You agree that Uber and its affiliates are not required to include an unsubscribe message in commercial electronic messages where it may be impracticable (including for push notifications). However, you may opt-out of receiving commercial electronic messages from Uber at any time by following the directions found at http://t.uber.com/unsub-preference. You also acknowledge that opting out of receiving commercial electronic messages may impact your use of the Uber Services. You cannot unsubscribe from transactional messages, including trip receipts and support responses. These communications are important for your experience.
Promotional Codes
An Uber affiliate may, in its sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to a Third Party Provider’s services, subject to any additional terms that the Uber affiliate establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by the Uber affiliate; (iii) may, as permitted by law, be disabled by Uber or its affiliate at any time without liability to Uber or its affiliate; (iv) may only be used pursuant to the specific terms that the Uber affiliate establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. The Uber affiliate reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that the Uber affiliate reasonably determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Uber Terms.
User Provided Content
Uber may, in Uber’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Uber through the Uber Services textual, audio, and/or visual content and information, including commentary and feedback related to the Uber Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Uber, you grant Uber and its affiliates a worldwide, perpetual, irrevocable, transferable, licence for no fee, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Uber Services and Uber’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases necessary to grant Uber and its affiliates the licence to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Uber’s or its affiliate’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Uber in its sole discretion, whether or not such material may be protected by law. Uber may, but is not obligated to, review, monitor, or remove User Content, at Uber’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Uber Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Uber Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Uber Services and Applications and any updates thereto. Uber does not guarantee that the Uber Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Uber Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
4. PAYMENT
You understand that use of the Uber Services may result in charges to you for the services you receive from a Third Party Provider (“Third Party Charges”). After you have received services obtained through your use of the Uber Service, Uber and/or its affiliates will facilitate your payment of the applicable Third Party Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent (except where Third Party Charges are paid as cash fares). Payment of the Third Party Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Where Third Party Charges are paid utilising the cash fare option, you shall pay the Third Party Provider directly. Third Party Charges will be inclusive of applicable taxes and value added tax where required by law. You will be charged an additional amount (where applicable) for, among others, applicable tolls, parking fees, pickup facility provided at various places, each along with applicable taxes. Please note that tolls and parking fees are required to be paid by you in addition to the trip fare. Third Party Charges paid by you are final and non-refundable, unless otherwise determined by Uber and/or its affiliates or required under applicable Bangladesh consumer law. In addition, you may also be required to pay a fixed booking fee to Uber and/or its affiliates with respect to the transportation services in the applicable Territory.
All Third Party Charges are due immediately and payment will be facilitated by Uber and/or its affiliates using the preferred payment method designated in your Account, after which you will be sent a receipt from an Uber affiliate by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Uber and/or its affiliates may, on behalf of Third Party Provider, use a secondary payment method in your Account, if available.
You acknowledge that Uber and/or its affiliate reserves the right to establish, remove and/or revise Third Party Charges for any or all services obtained through the use of the Uber Services at any time at the direction of the Third Party Provider or otherwise in the Uber affiliate’s discretion, including in certain circumstances such as where you choose an additional service that incurs an additional charge. Further, you acknowledge and agree that Third Party Charges applicable in certain geographical areas may increase substantially during times of high demand. Uber and/or its affiliate will use reasonable efforts to inform you of Third Party Charges that may apply, provided that you will be responsible for Third Party Charges incurred under your Account. You acknowledge that Uber and its affiliate may from time to time provide certain users with Promo Codes and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Uber Services, and you agree that such Promo Codes and discounts are provided to you for no fee, have no monetary value, cannot be redeemed for cash, are not exchangeable or transferable and, unless also made available to you, shall have no bearing on your use of the Uber Services or the Third Party Charges applied to you.
This payment structure is intended to fully compensate the Third Party Provider for the services provided. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services obtained through the Uber Services, you are under no obligation to do so. Gratuities are voluntary. After you have received services obtained through the Uber Services, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider. Similarly, Third Party Providers will also have the opportunity to rate their experience and share additional feedback about you.
Cancellations
You may elect to cancel your request for transportation services from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee, subject to Uber’s or its affiliate’s cancellation policies. Third Party Providers are also able to cancel a ride request if they are unable to call you and they have waited for several minutes at your specified pick up location. In this case, you may be charged a cancellation fee. If the transportation services are cancelled for any reason not attributed to you in accordance with Uber’s or its affiliate’s cancellation policies, you will be entitled to a refund for any charges paid. If charged, the Cancellation Fee shall be deemed the Fare for the cancelled Transportation Services.
If you have other issues with any services provided by a Third Party Provider, Uber or its affiliate will manage your complaint in accordance with the complaints process set out below.
Nothing in this section is intended to limit your rights as a consumer, including your entitlement to a refund or other applicable remedies, under the Consumer Rights Protection Act 2009.
Refund
If any transportation services provided by a Third Party Provider fail or are cancelled for any reason that Uber determines, acting reasonably, are not attributed to you, you will be entitled to a refund for any charges paid for those delivery services. Refunds will be made in the form of Uber credits. Uber credits are automatically applied to future trip fares and cancellation fees. You can toggle Uber credit On or Off after you've set your destination and before you select your vehicle option.
Repair or Cleaning Fees
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Uber Services under your Account in excess of normal “wear and tear“ damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by an Uber affiliate in the affiliate’s reasonable discretion, Uber reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by Uber to the applicable Third Party Provider and are non-refundable.
5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
LIMITATION SUBJECT TO LOCAL CONSUMER LAW
The limitations and disclaimer in this section 5 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law, including the Consumer Rights Protection Act 2009.
APPLICATION TO UBER AND ITS AFFILIATES
The limitations and disclaimer in this section 5 apply to the liability of Uber and its affiliates under these Uber Terms, including in relation to any of the Uber Services.
DISCLAIMER
Except as required of Uber and its affiliates under the consumer guarantees, the Uber Services are provided “as is” and “as available”. Uber and its affiliates disclaim all representations and warranties, express, implied or statutory, not expressly set out in these Uber Terms (including any supplemental terms, where applicable), including any implied warranties of merchantability, fitness for a particular purpose and non-infringement, and make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Uber Services or any services requested by you through the use of the uber services, or that the Uber Services will be uninterrupted or error-free. Uber and its affiliates do not guarantee the quality, suitability, safety or ability of Third Party Providers. You agree that the entire risk arising out of your use of the Uber Services, and any services requested by you through the use of the Uber Services, remains solely with you, to the maximum extent permitted under applicable law, including the Consumer Rights Protection Act 2009.
LIABILITY
Limitation of Liability
If you are acquiring the services as a consumer, Uber's liability for a failure to comply with a consumer guarantee is limited to, in the case of services supplied to you as part of the Uber Services, the supply of the relevant services again, or the payment of the cost of resupplying the services.
In no event shall Uber’s or its affiliates’ total combined liability to you in connection with the Uber Services for all damages, losses and causes of action (whether in contract, in tort (including negligence), in equity, by operation of law or otherwise) exceed five hundred euros (€500).
Exclusion of Liability
Uber’s and its affiliates’ liability to you for a breach of any condition, warranty or term of these Uber Terms that is not a breach of a consumer guarantee is also limited in the following way: Uber and its affiliates shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, death, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Uber Services, even if Uber or its affiliate has been advised of the possibility of such damages. Uber and its affiliates shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the Uber Services or your inability to access or use the Uber Services; or (ii) any transaction or relationship between you and any Third Party Provider or Uber affiliate, even if Uber or its affiliate has been advised of the possibility of such damages. Uber and its affiliates shall not be liable for delay or failure in performance resulting from causes beyond Uber’s or its affiliates’ reasonable control.
Third Party Services
Uber Services may be used by you to request and schedule transportation, but you agree that Uber has no responsibility or liability to you related to any transportation services provided to you by Third Party Providers other than as expressly set forth in these Uber Terms.
Complaints
Uber or its affiliate will maintain a complaints management framework, and will manage this framework for Uber and its affiliates, and on behalf of Third Party Providers, in a reasonable way.
Indemnity
You agree to indemnify and hold Uber and its affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (i) your use of the Uber Services or services obtained through your use of the Uber Services; (ii) your breach or violation of any of these Uber Terms; (iii) Uber’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers (“Losses”).
Your liability under this clause shall be reduced proportionately if, and to the extent that, Uber or its affiliate directly caused or contributed to any such Losses.
6. GOVERNING LAW; DISPUTE RESOLUTION
Except as otherwise set forth in these Uber Terms, these Uber Terms shall be exclusively governed by and construed in accordance with the laws of The Netherlands, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Uber Services or these Uber Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be 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 place of both mediation and arbitration shall be Amsterdam, The Netherlands, without prejudice to any rights you may have under Article 18 of the Brussels I bis Regulation (OJ EU 2012 L351/1) and/or Article 6:236n of the Dutch Civil Code. 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.
7. OTHER PROVISIONS
Claims of Copyright Infringement
Claims of copyright infringement should be sent to Uber’s designated agent. Please visit Uber’s web page at https://www.uber.com/legal for the designated address and additional information.
Notice
Uber may give notice by means of a general notice on the Uber Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Uber by written communication to Uber’s address at Burgerweeshuispad 301, 1076 HR, Amsterdam, The Netherlands.
General
You may not assign or transfer these Uber Terms in whole or in part without Uber’s prior written approval. You give your approval to Uber for it to assign or transfer these Uber Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Uber’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Uber or any Third Party Provider as a result of the contract between you and Uber or use of the Uber Services.
If any provision of these Uber Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Uber Terms but the legality, validity and enforceability of the other provisions in these Uber Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Uber Terms. These Uber Terms, including any incorporated policies, constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. Nothing in this clause limits your rights as a consumer that cannot be excluded under applicable law. In these Uber Terms, the words “including” and “include” mean “including, but not limited to”.