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 applications 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 the terms and conditions applicable to your use of the services provided by Uber Technologies, Inc. and/or its affiliates, as published on Uber’s website at https://www.uber.com/legal/en/document/?name=general-terms-of-use&country=australia&lang=en-au (or a replacement URL).

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 published on Uber’s website at https://www.uber.com/legal/en/document/?name=privacy-notice&country=australia&lang=en (or a replacement URL).

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” means delivery services provided directly to you by Portier Pacific Pty Ltd or Uber Cado Pty Ltd for Transactions through the Uber Eats app, and any other services provided by Uber Technologies, Inc or its affiliates via Uber’s mobile applications and/or website.

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) if offered by Uber in accordance with section 4.1, loads of Uber Cash by you using a saved Payment Method; (ii) Appeasements; (iii) Promo Credits provided to you by Uber or a Third Party Provider and issued by us; and (iv) other issues or discretionary grants of Uber Cash by Uber or its Affiliates, including issues of Uber Cash from renewable memberships (such as Uber One) and if permissible and offered in the Territory, offers of Uber Cash in lieu of a refund to your original payment method.

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 If offered and enabled by us, you may purchase and load Uber Cash into your Wallet in the Territory using a saved Payment Method. In accordance with section 6.2 of the Gift Card Terms, you may not load Uber Cash using Uber Gift Cards.

4.2 Appeasements and issues of Uber Cash described in section 3.1(iii) 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 Appeasement, Promo Credit or in accordance with sections 3.1 or 4.4, or from any other accepted Payment Method results in your aggregate balance exceeding the Balance Limit.

5. Using Uber Cash

5.1 You can use Uber Cash as a Payment Method within 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 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 Uber Cash which is offered by Uber or a Third Party Provider 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.

7.2 If in accordance with section 4.1, Uber offers the ability for you to load Uber Cash directly to your Wallet using a saved Payment Method, such Uber Cash does not expire.

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. 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 the amount of an unauthorised transaction (paid for using your payment card (whether in whole or part) to your original payment method or, as applicable, to an alternative payment method if made available by us) provided you notify us without undue delay on becoming aware of such transaction and no later than 13 months after the transaction date. Any transaction amounts (including part payments) paid for using Uber Cash 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 provide you with at least thirty (30) days’ prior written notice in the event of a material change to the Uber Cash Terms that detrimentally affects your rights under these terms. Amendments will be effective upon posting of such updated Uber Cash Terms on the Uber application or Uber website. The most current Uber Cash Terms shall be available at this webpage: (here), and will supersede all previous versions of the Uber Cash Terms. 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 Cash Terms, as amended.

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. Section 6.1 will be applicable to any Uber Cash balance. 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. You can contact us in relation to any concerns you may have by using the contact information detailed in section 15.

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.