UberEVENTS- TERMS AND CONDITIONS (Canada)
As of November 15, 2016
CREATION OF UBER GUEST PASSES
A Creator is required to assign a maximum redemption value per ride or other single Uber platform transaction (each an “Uber Platform Transaction”) (which cannot exceed $200.00 CAD per Uber Platform Transaction) for each Uber Guest Pass and to assign a maximum number of Uber Platform Transactions that can be performed using each Uber Guest Pass (which cannot exceed ten single Platform Transactions). A Creator is also required to set an expiration date for the Uber Guest Passes ordered. Such expiration date can be no longer than seven days following the date of a Guest Pass order.
Creators must have an active Uber account with at least one valid payment method in app to order any Uber Guest Passes and for Uber Guest Passes to be redeemed. Uber may suspend or deactivate any or all Uber Guest Passes ordered with a payment method in app if it determines in its sole discretion that such payment method is fraudulent, expired, cancelled, not valid or unable to access funds at least equal to the aggregate maximum potential value of all Uber Guest Passes ordered by Creator. Uber may also deactivate or suspend use of Uber Guest Passes at its sole discretion. Creator may not order in any single day Uber Guest Passes with an aggregate potential value of more than $10,000 CAD. Uber may change these limits or apply other limits to individual orders and redemptions of Uber Guest Passes in its discretion, and as permitted by applicable law.
Upon submission of Creator’s order for Uber Guest Passes, Uber will determine the aggregate maximum potential value of all Uber Guest Passes ordered in such transaction (“Aggregate Maximum Value”) and will seek an authorisation from the issuer of Creator's chosen payment method for up to 100% of the Aggregate Maximum Value. Uber will not charge Creator for the Aggregate Maximum Value at the time of such Uber Guest Pass order and Creator acknowledges that no prepaid value exists with respect to Uber Guest Passes. By submitting an order for Uber Guest Passes, however, Creator agrees to pay Uber up to the Aggregate Maximum Value of the Uber Guest Passes immediately following the end of the validity period for the ordered Uber Guest Passes.
Upon Creator’s submission of the Uber Guest Pass order transaction, Uber will charge Creator a 2.5% non-refundable Administrative Fee on the Aggregate Maximum Value of the Uber Guest Passes ordered. Such Administrative Fee is entirely non-refundable, regardless of whether such Uber Guest Passes are redeemed.
The Administrative Fee is inclusive of Dutch Value Added Tax (if any) and exclusive of any foreign taxes (if any) for which the Creator is liable including, but not limited to, value added tax, sales tax, consumption tax, withholding tax and any other taxes similar to the aforementioned.
Upon Creator’s completion of the order, the number of Uber Guest Passes selected by Creator will be emailed to the email address specified in Creator’s Uber account. Uber Guest Passes are only available in this format.
Following the expiration date and time for any Uber Guest Passes or Uber’s election to suspend and/or deactivate further use of any Uber Guest Passes, Uber will charge the payment method associated with Creator's Uber account for the total Uber Guest Pass value actually redeemed and used by Recipients of such expired Guest Passes.
REDEMPTION OF UBER GUEST PASSES
Recipient must have an active account with Uber with at least one valid payment method in app and must redeem the Uber Guest Pass code in the Uber app or on https://clients.uber.com/#!/promotions to activate such Uber Guest Pass for the Recipient's Uber account.
Uber Guest Passes may not be redeemed for use with the Uber's product currently referred to as “UberTAXI”.
Uber Guest Passes cannot be redeemed for goods or services outside of the Uber platform.
Once redeemed by the Recipient, Uber Guest Pass value is not transferrable to other Uber accounts or users.
Uber Guest Passes cannot be redeemed for cash, except as required by law.
Recipients and Creator will not receive any value or credit for any unused portions of Uber Guest Passes.
All Uber Guest Pass values will expire and be unavailable immediately following the end date and time selected by the Creator for each applicable Uber Guest Pass. If any Uber Guest Pass promotion codes have not been redeemed within the time specified by the Creator for each applicable Uber Guest Pass, the Uber Guest Pass promotion codes will expire and no longer be redeemable.
The Uber Guest Passes are only valid for use in the country which they are ordered for.
For the avoidance of doubt, transportation services are deemed to be consumed by the Recipient, being the Uber user who completes a ride using an Uber Guest Pass promotion code.
PAYMENT WITH UBER GUEST PASSES
When an Uber Guest Pass promotion code is redeemed by a Recipient, Uber will charge all Qualifying Platform Transactions requested via the Recipient's Uber account to Creator's Uber account, up to the maximum value per transaction (e.g., a ride) selected by Creator. A “Qualifying Platform Transaction” means a transaction requested by a Recipient (up to the number of transactions per Uber Guest Pass selected by Creator) that is completed within the validity period selected by Creator.
If a Total Fare (defined below) exceeds the Uber Guest Pass value for an individual transaction, the balance will be charged to a payment method on file with the Recipient's Uber account.
“Total Fare” is the payment charged for the actual value of Uber rides redeemed by the Recipient from third party Uber partner-drivers, who are independent contractors providing transportation services using Uber’s proprietary technology. Total Fare charged does not constitute a payment for any services provided by Uber BV.
Uber Guest Pass value will be applied to Total Fare(s) billed in the corresponding currency. Example: Uber promotion code value in CAD will only be applied to fares billed in CAD.
Fare adjustments on transactions paid for with Uber Guest Passes will be issued as Uber credit to the Recipient, but the Creator will still be charged the full original fee associated with the Qualifying Platform Transaction. In no event will Creator receive Uber credit for transactions paid for with Uber Guest Passes.
UberEVENTS does not disclose specifics nor details of the individual rides redeemed/taken by any of the Recipients.
Creators will not be eligible to receive an invoice for the transportation services enjoyed by any Recipient for which the Recipient utilized (partially) the Uber Guest promotion code.
In purchasing Uber Guest Passes, Creators acknowledge that where value added taxes apply to any transportation services, Creators will not be entitled to claim and/or input value added taxes.
UBER GUEST PASS USAGE
Unless otherwise agreed by Uber, Uber Guest Passes and the resulting promotion codes may be used for personal purposes only, and may not be resold or used in connection with any marketing, advertising, promotional or commercial activities, including, without limitation, via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts.
Creator is responsible for lost, stolen, or misused Uber Guest Passes unless otherwise required by law.
Uber reserves the right to close accounts, adjust balances and/or request alternative forms of payment if an Uber Guest Pass promotion code is fraudulently obtained or used.
Uber may cease offering the Uber Guest Pass programme at any time and for any reason.
The parties expressly wish that these Terms and related documents be drawn up in English only. La volonté expresse des parties est que ce contrat et tous les documents s’y rattachant soient rédigés en anglais seulement.