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Select jurisdiction:
Australia

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Language:
English (Australia)
Last modified: 6/11/23


These Uber Cash Terms of Use will come into effect on 15 December 2023.


UBER CASH TERMS OF USE | AUSTRALIA

These Uber Cash terms of use (“Uber Cash Terms”) constitute a legally binding
agreement between you as the user and the issuer of Uber Cash, Uber Pacific Pty
Ltd ("Uber").

1. UBER CASH TERMS & GENERAL TERMS

1.1 By using Uber’s mobile applications and/or website for accessing or using
Uber’s services and using Uber Cash, you agree that you have understood and
agreed to these Uber Cash Terms.

1.2 These Uber Cash Terms:

(a) supersede any prior terms or agreements with you in respect of Uber
Cash; and

(b) only relate to the use, reloading and redemption of Uber Cash as a Payment
Method and do not apply to alternative Payment Methods or the services purchased
with Uber Cash.

1.3 You can find a digital copy of these Uber Cash 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
Uber Cash. In the event of a conflict between the Uber Cash Terms and the
General Terms regarding Uber Cash, these Uber Cash Terms prevail.

2. DEFINITIONS

All capitalized terms in these Uber Cash Terms have the meaning set forth in the
General Terms, unless otherwise defined in these Uber Cash Terms.

2.1 “Appeasements” means non-refundable credits issued to you by us as Uber Cash
as a gesture of goodwill, for example where you have had a bad experience or
service in respect of a Transaction. Appeasements are issued subject to these
Uber Cash Terms, the General Terms and any specific terms established by us
(including with respect to expiration) as communicated to you via Uber’s mobile
application or website. The expiry date for any Appeasement is displayed in
your Wallet.

2.2 "Balance Limit" means AUD1,000.

2.3 “General Terms” means Uber’s terms and conditions, as amended or restated
from time to time.

2.4 “Payment Method” means a method of payment within the Territory.

2.5 “Promo Credits” means credits issued to a User by us as Uber Cash in
connection with promotional (or promo) codes which are issued subject to the
General Terms and any additional or specific terms that Uber establishes
(including with respect to expiration) for the purposes of a specific business
promotion. The expiry date for any Promo Credits is displayed in your Wallet.

2.6 “Privacy Notice” means Uber’s Privacy Notice, as amended or restated from
time to time.

2.7 “Territory” means Australia.

2.8 “Third Party Provider” has the meaning in the General Terms.

2.9 “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.

2.10 “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.

2.11 “Uber Cash” has the meaning set out in section 3.1.

2.12 “Uber Cash Terms” means these Uber Cash terms of use, as amended or
restated from time to time.

2.13 “Uber Provided Services” has the meaning set out in the General Terms.

2.14 “User” or “you” means you as the individual holding the Wallet.

2.15 “Wallet” means the account linked to your Uber profile in which we
administer your Uber Cash balance.

2.16 “we” or “us” means Uber.

3. WHAT IS UBER CASH?

3.1 “Uber Cash” is a form of value available to pay or part-pay for Transactions
using your Wallet. It is comprised of (i) top ups made by a User using Gift
Cards; (ii) Appeasements; and (iii) Promo Credits provided to you by us, a Third
Party Provider or a third party and issued by us.

3.2 You will not earn interest or any other benefit on the Uber Cash balance
held in your Wallet.

3.3 You may only have one Uber Wallet linked to your Uber profile.

4. LOADING UBER CASH

4.1 You may purchase and load Uber Cash into your Wallet in the Territory using
Gift Cards (in accordance with the Gift Card Terms which may be located at the
Uber website (uber.com/legal) or if permitted by using a saved Payment Method.
To top up your Uber Cash balance using a Gift Card, follow the instructions
provided with the Gift Card.

4.2 Appeasements will be applied by Uber directly to your Uber Cash balance in
your Wallet.

4.3 Promo Credits may be provided to you by Uber or a third party physically, by
SMS or email. To add Promo Credits to your Wallet, follow the instructions
provided to you with the physical Promo Code, SMS or email.

4.4 Subject to applicable law and section 4.5, where we offer you the option to
receive Uber Cash rather than a refund to your original Payment Method, and you
agree to receive Uber Cash instead, Uber will load such Uber Cash into
your Wallet.

4.5 We may be unable to, or we may refuse a request to, load Uber Cash, for
example if loading Uber Cash from an Uber Gift Card, Appeasement, Promo Credit,
in accordance with section 4.4, or other accepted Payment Method makes your
aggregate balance exceed the Balance Limit.

5. USING UBER CASH

5.1 You can use Uber Cash as a Payment Method with the Uber app, the Uber Eats
app or the Uber website provided that you have an active and valid Uber profile.
We may require you to add a secondary Payment Method to your Wallet, for example
if your Uber Cash balance is not sufficient to cover the price of
your Transaction.

5.2 Uber Cash may only be used to pay for Uber Provided Services and services
provided by any Third Party Provider and is not otherwise transferable.

5.3 When you enter into a Transaction and Uber Cash is applied as a partial or
full Payment Method, you consent to Uber or the Third Party Provider involved in
that Transaction drawing on your Uber Cash balance to be applied towards payment
for the Transaction upon its completion. If you owe Uber any fees or charges in
relation to the Transaction, you consent to Uber drawing on your Uber Cash
balance to be applied towards payment for the fees or charges upon completion of
the Transaction.

5.4 Completion of a payment transaction using Uber Cash will result in an
immediate debiting of your Uber Cash balance including for any applicable taxes,
fees or charges imposed by the Third Party Provider or Uber.

5.5 Your use of the Wallet and Uber Cash is free of charge. We will inform you
(in accordance with applicable law) of changes to this section 5.5.

5.6 We reserve the right to suspend your use of Uber Cash as a Payment Method
for objectively justified reasons relating to the security of the Wallet and the
Uber Cash balance or the suspicion of unauthorised or fraudulent use of the
Wallet. We will notify you of such suspension and the reasons for it prior to
such suspension where possible, or at the latest immediately thereafter. You can
contact us in relation to your suspension using the contact information detailed
in section 15. We will not notify you of the suspension if this would compromise
reasonable security measures or is prohibited by prevailing laws and
regulations. We will reactivate your use of the Wallet to provide access to your
Uber Cash balance once the reasons for suspension no longer exist.

6. REDEMPTION

6.1 Uber Cash may not be redeemed for cash or as a credit to an alternative
Payment Method. You can contact us in relation to any concerns you may have by
using the contact information detailed in section 15.

7. EXPIRY OF UBER CASH

7.1 Appeasements and Promo Credits which are offered by Uber, a Third Party
Provider or a third party and issued to you by Uber as Uber Cash will be subject
to the expiration date set out in any specific terms and conditions provided by
Uber and communicated to you by Uber via the Uber app, Uber Eats app, Uber
website or if applicable on any physical or digital material.

8. CUSTOMER IDENTIFICATION, FRAUD IDENTIFICATION AND ANTI-MONEY LAUNDERING

8.1 In order to ensure your security, prevent fraud or identity theft and comply
with anti-money laundering and counter terrorist financing laws and regulations
(as applicable), we may request information from you at the time of initiating
your first Transaction to confirm your identity, to allow you to open and
maintain a Wallet and to use Uber Cash. We may also request from you, additional
information or documents to verify your information from time to time. This is
one way that we try to make sure that the only person who can access your Wallet
and Uber Cash is you.

8.2 We may delay, suspend or block your access to and use of Uber Cash until you
comply with these information requests or other verification steps that may be
required by us at any time.

8.3 We may, from time to time, be required to undertake financial crime
screening to comply with applicable laws or regulations. You agree to assist us
and cooperate with any requests for information in this respect.

9. AUTHENTICATION & SECURITY

9.1 If required by applicable law, we may require you to provide us with
personalised security credentials, such as passwords, PIN codes, access codes
(for example confirmation codes provided through Uber’s mobile applications
and/or website or via SMS) or by using on-device biometric verification methods.
Such personalised security credentials will be used to authenticate any
instruction you give us through Uber’s mobile applications and/or website
relating to your use of Uber Cash. This will help us ensure that it is you who
is accessing your Wallet and Uber Cash.

9.2 You agree to take all reasonable steps to keep your personalised security
credentials safe. This means that you must use your personalised security
credentials with care and keep them secret. This, for example, means that (i)
you should not write down or save these credentials, (ii) if you can choose a
security code yourself, you make sure it is not easy to guess, (iii) you should
make sure no-one can watch while you are entering a personalised security
credential, and (iv) you must never share a security code, whether via phone,
e-mail or otherwise.

9.3 You must make sure that any device on which you access Uber’s mobile
applications and/or website is safe and secure. This, for example, means that
you (i) make sure that the software used on your device is up to date and legal,
(ii) use a password to safeguard access to the device, (iii) make sure your Uber
account cannot be used by any unauthorised parties, and (iv) log out when you
are finished using your Uber account.

10. LIABILITY FOR UNAUTHORISED TRANSACTIONS

10.1 You agree to notify us immediately upon becoming aware of any fraudulent
activity or theft or unauthorised use of or a payment transaction involving your
Uber Cash (an “unauthorised transaction”). Notifications may be made free of
charge. If a transaction was partly paid using your payment card, you are still
responsible for informing your financial institution or payment services
provider of any fraud related to your payment card.

10.2 You are not liable for any unauthorised transactions, except where you have
acted fraudulently or where you intentionally or with gross negligence (i) acted
in breach of these Uber Cash Terms, (ii) failed to notify us in accordance with
section 10.1, or (iii) failed to act in accordance with sections 9.2 and 9.3. In
those cases, you will bear the losses relating to any unauthorised payment
transactions to the extent not caused by our negligence, fraud, or wilful
misconduct or that of our employees or agents. You are not liable for
unauthorised transactions which occurred after you notified us in accordance
with section 10.1, except where you have acted fraudulently.

10.3 Unless you are liable for an unauthorised transaction under section 10.2,
we will refund you the amount of an unauthorised transaction provided you notify
us without undue delay on becoming aware of such transaction and no later than
13 months after the transaction date. If the transaction disputed by you was in
fact properly authorised, we may choose to reverse the refund and debit your
Uber Cash balance accordingly. Any transaction amounts (including part payments)
paid for using Uber Cash (comprising Appeasements or Promo Credits) are not
refundable in accordance with section 6.1.

11. LIABILITY FOR NON-EXECUTED OR DEFECTIVELY EXECUTED TRANSACTIONS

We are liable to you for payment transactions using Uber Cash which we do not
execute or defectively execute. Our liability to you for such transactions is
limited to the amount of the relevant Transaction. We are not liable for any
indirect or consequential damages you incur.

12. LIABILITY IN CASES OF ABNORMAL AND UNFORESEEABLE CIRCUMSTANCES

We will not be liable under sections 10 or 11 in cases of abnormal and
unforeseeable circumstances beyond our control, the consequences of which would
have been unavoidable despite our efforts to the contrary, or where we are bound
by other legal obligations covered by applicable laws.

13. AMENDMENT OF UBER CASH TERMS

We may amend these Uber Cash Terms at any time. We will notify you at least
thirty (30) days prior to any material amendments entering into effect. You may
find the updated Uber Cash Terms on the Uber application or Uber website.

14. INFORMATION PROVISION

You can review your Uber Cash transactions and balance, free of charge, by
logging into your Uber account at any time. You can locate a digital copy of
this information through Uber’s mobile applications and/or website (uber.com).

15. GENERAL INFORMATION

Contact details:

You can contact us at help.uber.com.

16. PRIVACY

We collect, use and disclose information from or about you as described in our
Privacy Notice (here), and as described in section 8 for identity verification
purposes. 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.

17. MISCELLANEOUS TERMS

17.1 If any section of these Uber Cash Terms is deemed to be invalid, void or
for any reason unenforceable, for example due to overriding provisions of
consumer protection laws in the Territory, whether in whole or in part, that
section or part of that section shall be deemed severable and will not affect
the validity and enforceability of any remaining sections of these Uber Cash
Terms. In addition, the parties shall replace the relevant section or part of
that section by provisions that are valid and binding and that have, to the
greatest extent possible, a similar effect as the invalid, void or otherwise
unenforceable section or part of that section, given the contents and purpose of
these Uber Cash Terms.

17.2 You do not have the right to assign or transfer the Uber Cash Terms or the
rights or obligations arising from it, in whole or in part, without the prior
written consent of Uber. Uber has the right to novate, assign or transfer the
Uber Cash Terms or the rights or obligations arising therefrom in whole or in
part without your permission provided this will not lead to a reduction of the
rights you are entitled to by virtue of these terms or by law.

17.3 You confirm that there are no external beneficiaries to these Uber Cash
Terms. Nothing that is included in the Uber Cash Terms is intended, or may be
construed as creating claims on behalf of third parties.

18. LANGUAGE

We will communicate with you in English. The English language version of the
Uber Cash Terms is binding and will prevail in the event of a conflict with a
version in a language other than English.

19. TERM AND TERMINATION

19.1 These terms are applicable for an undefined duration. You can terminate
your use of the Wallet and the applicability of these Uber Cash Terms at any
time via Uber’s mobile applications and/or website or by closing your Uber
account. When you terminate your Uber account under the General Terms, in
accordance with the General Terms, we will consider this to also constitute
termination of your Uber Cash facility under these Uber Cash Terms.

19.2 Uber may (subject to any prevailing laws) terminate your Uber Cash facility
under these Uber Cash Terms upon giving you not less than thirty (30) days’
notice via the Uber app or Uber Eats app.

20. COMPLAINTS

You can notify us of any complaints regarding Uber Cash through Uber’s mobile
applications and/or website. We will handle your complaints in accordance with
our Complaints Policy (here).

21. APPLICABLE LAW AND JURISDICTION

The Uber Cash Terms are exclusively governed by the laws of the State of New
South Wales, Australia. The parties submit to the non-exclusive jurisdiction of
the courts of that State.




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