TERMS AND CONDITIONS FOR PURCHASE AND USE OF UBER GIFT CARDS

1. Purpose and Subject

a. These Terms and Conditions for Purchase and Use of Uber Gift Cards (these “Terms and Conditions”) set forth the rules for the purchase and use of Uber Gift Cards (covering the two types of Uber Gift Cards, physical cards and digital code-type cards), which constitute a prepaid payment method issued by InComm Japan Kabushiki Kaisha (“InComm Japan”).

b. Every purchase and use of Uber Gift Cards is subject to: (i) these Terms and Conditions; (ii) the Terms Regarding the Handling of Personal Information below; and (iii) the Representations and Warranties of No Relationship With Anti-Social Forces, i.e., Organized Crime below (collectively, these “Uber Gift Card Requirements”).

2. Purchaser

a. For purposes of these Terms and Conditions, “Purchaser” means a person who purchases Uber Gift Cards using a method stipulated by InComm Japan.

b. A minor is required to obtain the consent of their parent or legal guardian in order to purchase Uber Gift Cards.

3. Purchasing Uber Gift Cards

a. A Purchaser can purchase Uber Gift Cards at stores designated by InComm Japan using the payment methods designated by those stores in accordance with the procedures set forth by InComm Japan.

b. In order to purchase goods and/or services using Uber Gift Cards, a Purchaser will be required to create an account (“Uber Cash Account”) on a website or smartphone app designated by InComm Japan.

c. A Purchaser may not be able to purchase Uber Gift Cards or use their Uber Cash Account due to a blackout, a mechanical breakdown, system maintenance downtime, counterfeiting issues, or other unavoidable grounds.

d. After purchasing an Uber Gift Card, a Purchaser can neither return that card nor receive an exchange or refund corresponding to that card. If a Purchaser purchases but does not receive an Uber Gift Card, InComm Japan will issue a refund only if the Purchaser’s failure to receive the Uber Gift Card is due to one or more reasons attributable to InComm Japan.

e. A Purchaser agrees to show InComm Japan or a person designated by InComm Japan the Purchaser’s identification or other identifying information if InComm Japan believes necessary when a Purchaser offers to purchase Uber Gift Cards.

4. Duty to Maintain Confidentiality of Uber Gift Card Information

A Purchaser is required to take reasonable steps to maintain the confidentiality of their Uber Gift Card PIN and expiration date, their Uber Cash Account ID and password, and any other information designated as confidential by either InComm Japan or a party that InComm Japan outsources its work to (“Prepaid Payment Method-Related Information”).

5. User

a. For purposes of these Terms and Conditions, “User” means a person who legally owns and/or uses an Uber Gift Card.

b. In order to use an Uber Gift Card and create or use an Uber Cash Account, a User must be at least eighteen years old and agree to the latest version of the Uber Gift Card Requirements.

6. Use of Uber Gift Cards

a. A User can use Uber Gift Cards to purchase goods or services after topping up their Uber Cash Account to the amount of the face value of those Uber Gift Cards, with the purchases being made using websites or smartphone apps designated by InComm Japan. For purposes of these Terms and Conditions, “Available Balance” means only the balance of Uber Gift Cards displayed in a User’s Uber Cash Account.

b. A User can use all or a portion of their Available Balance on a website or smartphone app designated by InComm Japan only with a Merchant defined below in Section 8.

c. A User can use their Available Balance only for a purchase that will be paid in Japanese yen in Japan.

d. Any increases in or reductions to a User’s Available Balance occur in servers operated by a party that InComm Japan outsources its tasks to. A User can check their Available Balance in the manner described below in Section 11.

e. A User may not use Uber Gift Cards to top up the Available Balance in their Uber Cash Account in excess of the following limits: (a) JPY 100,000 per transaction; or (b) JPY 200,000 in aggregate over several transactions in any 30-day period. Subject to applicable law and regulations, InComm Japan and Uber reserve the right to suspend or reject any transactions, or withhold any Available Balance, which breach the above mentioned limits.

f. We may require a User to register another payment method in User’s account along with a gift card to redeem gift card balance.

g. Please check your Uber account to see the available payment methods as they are different in each area.

7. Uber Gift Card Expiration Date

a. The expiration date of an Uber Gift Card and the Available Balance corresponding to that Uber Gift Card (“Expiration Date”) is the date three (3) years after a User purchases that Uber Gift Card.

b. An Uber Gift Card and the corresponding Available Balance will be ineffective after the Expiration Date for that Uber Gift Card.

c. When a User purchases goods or services using their Available Balance and the Available Balance was funded by multiple Uber Gift Cards purchased on different dates, InComm Japan will consider the Available Balance as having come from the earliest date of the Uber Gift Card that was used to fund the Available Balance.

d. InComm Japan will not issue refunds for an expired Uber Gift Card or Available Balance if that Uber Gift Card or the corresponding Available Balance expires. InComm Japan will not liable for any damages and/or losses that a Purchaser or User may incur as a result of the expiration of an Uber Gift Card or their Available Balance.

8. Merchants Where Users Can Use Their Available Balance

A User can use their Available Balance on websites or smartphone apps designated by InComm Japan for purchases of goods and services provided by restaurants, transportation service providers or other service providers that receive orders from Users on websites or smartphone apps designated by InComm Japan (“Service Providers”) on Uber Eats Japan, Inc.’s and/or its affiliates’ (“Merchant(s)”) websites or smartphone apps. A User is required to treat their Prepaid Payment Method-Related Information and other personal information with the requisite level of care to avoid theft or misuse of their Uber Gift Card and Available Balance.

9. Restrictions on Use of Available Balance

a. A User can make a payment to Merchant by using the Available Balance in their Uber Cash Account except for those goods and services that Merchant has designated as unavailable for payment using a User’s Available Balance.

b. A User is required to obtain the authorization of InComm Japan or a party that InComm Japan outsources its tasks to in order to use their Uber Gift Card or Available Balance. A User agrees that InComm Japan or a party that InComm Japan outsources its tasks to may ask Merchant or the User how the User used their Uber Gift Card and/or Available Balance.

c. When a User uses their Available Balance, InComm Japan or a party that InComm Japan outsources its tasks to will deduct that User’s Available Balance in an amount corresponding to the purchase amount.

d. A User acknowledges and agrees that the User may not be able to use their Uber Gift Card or Available Balance due to system-level technical problems.

e. Minors are required to obtain the consent of their parent or legal guardian when using their Available Balance.

d. If a User’s Available Balance is insufficient to purchase goods or services, the User will pay the difference by an alternate payment method accepted by Merchant.

10. Disputes with Merchants and Refunds

a. A User is responsible for resolving all disputes with Service Provider(s) relating to: (i) defective goods or issues with services that the User purchases; (ii) a failure to receive the purchased goods or services; or (iii) any other problems with the parties listed above.

b. InComm Japan is not responsible for any problems between a User and Service Provider.

c. If a User’s transaction for the purchase of goods or services using their Available Balance is found to be void or is canceled or terminated, the amount of the Available Balance used for that purchase will be added back to the User’s Available Balance. Any amounts added back to a User’s Available Balance will be in accordance with the method designated by InComm Japan. InComm Japan will not issue any refunds Users.

11. Display for Available Balance and Record of Use

a. A User can check the Available Balance in their Uber Cash Account on websites or smartphone apps designated by InComm Japan.

b. A User can check the usage history of their Available Balance in their Uber Cash Account on websites or smartphone apps designated by InComm Japan. A User agrees in advance that InComm Japan or a party that InComm Japan outsources its tasks to may disclose how the User used their Available Balance to Merchant, Service Provider(s) for the purpose of disclosing to the User the User’s usage history of their Available Balance.

c. InComm Japan will add or deduct any Available Balance in connection with the use of an Available Balance, the cancelation or termination of transactions for the purchase of goods or services that a User paid for using their Available Balance, and other actions based on information provided by Merchant to InComm Japan or a party that InComm Japan outsources its tasks to. InComm Japan does not guarantee the accuracy of the information that it receives from Merchant, and a User agrees in advance that InComm Japan is not responsible for any inaccuracies. A User also agrees in advance that InComm Japan may be delayed in adding to a User’s Available Balance if Merchant fails to timely provide the required information to InComm Japan or to a party that InComm Japan outsources its tasks to.

12. Protection of Prepaid Payment Method-Related Information

a. A User will keep and use their Prepaid Payment Method Related Information in a responsible and reasonable manner to ensure that others will not discover that information. A User will be fully responsible for keeping and using their Prepaid Payment Method-Related Information, and will be liable for any damages and/or losses caused by another person’s unauthorized use of that Prepaid Payment Method-Related Information unless the such use is due to one or more reasons attributable to InComm Japan or to a party that InComm Japan outsources its tasks to.

b. If a User allows a third party to use the User’s Prepaid Payment Method-Related Information, that User will ensure that that third party will comply with the User’s obligations as set forth in these Terms and Conditions and will be fully responsible for the third-party’s use of the User’s Prepaid Payment Method-Related Information, as well as for any non-compliance by the third party with these Terms and Conditions.

c. InComm Japan will re-issue a physical Uber Gift Card or a digital code associated with an Uber Gift Card if an Uber Gift Card is defective or damaged, but only if the User provides notification in a manner designated by InComm Japan and if InComm Japan determines that such a re-issuance would be appropriate.

13. Theft and Other Acts

a. If a User’s Available Balance is improperly used due to theft (whether the theft is of an Uber Gift Card itself or of a User’s smartphone that displays the digital code), counterfeiting, or improper disclosure of Prepaid Payment Method-Related Information (collectively, “Adverse Incidences”), InComm Japan will not be liable for any damages or losses incurred by a Purchaser or a User even if that improper use occurred after the notification described below in this Section 13(c). The Purchaser or the User is fully responsible for all payments relating to the purchase of Uber Gift Cards or the use of their Available Balance.

b. InComm Japan will not re-issue an Uber Gift Card due to Adverse Incidences involving Prepaid Payment Method-Related Information.

c. A User will promptly notify InComm Japan of any Adverse Incidences involving Prepaid Payment Method-Related Information in writing. As part of the notification, the User may request the suspension of services relating to their Uber Gift Card. The User may not request compensation from InComm Japan if the User’s Available Balance is improperly used during the period between the User’s request to suspend services and when the suspension takes effect.

14. Termination of Providing Uber Gift Card-Related Services

InComm Japan may unilaterally stop providing a User with services relating to the User’s Uber Gift Card or Available Balance without prior notification if the User violates any of the Uber Gift Card Requirements or if InComm Japan determines that the User has engaged in any inappropriate acts. InComm Japan will not issue refunds in connection with the User’s Uber Gift Cards or Available Balance when it stops providing the User with services related to the User’s Uber Gift Cards or Available Balance.

15. Interruption or Suspension of Uber Gift Card-Related Services

InComm Japan may interrupt or suspend all or a portion of its services related to a User’s Uber Gift Cards or Available Balance if it provides that User with prior notification or, if any of the following events occurs, without the need to provide notification:

a. InComm Japan determines that it needs to perform system maintenance or repairs;

b. It is difficult or impossible for InComm Japan to provide the software or application required to use Uber Gift Cards or a User’s Available Balance due to a computer virus, unauthorized access, or a network issue;

c. It is difficult or impossible for InComm Japan to provide all or a portion of its services related to Uber Gift Cards or a User’s Available Balance due to a fire or a blackout;

d. It is difficult or impossible for InComm Japan to provide all or a portion of its services related to Uber Gift Cards or a User’s Available Balance due to an earthquake, a flood, a war, a riot, or a labor dispute;

e. There is a reasonable suspicion that Uber Gift Cards or a User’s Available Balance are being used for improper purposes; or

f. InComm Japan decides that it is difficult to continue providing the software or application required to use Uber Gift Cards or a User’s Available Balance due to one or more unavoidable reasons.

16. Refunds Prohibited

InComm Japan will not issue refunds for a User’s Uber Gift Card or Available Balance. However, if InComm Japan decides to completely cease its business operations related to Uber Gift Cards due to a change in social circumstances, an amendment or abolishment of the relevant laws and regulations, or any other reasons related to InComm Japan, a User may request that InComm Japan issue a refund for their Uber Gift Card or Available Balance. If InComm Japan decides to do so, InComm Japan will issue the refund for the face value of that User’s Uber Gift Card or Available Balance after completing InComm Japan’s designated verification procedures.

17. Prohibited Conduct

A User is prohibited from engaging in any of the following conduct for whatever reason:

a. Using Prepaid Payment Method-Related Information in any way other than as designated by InComm Japan;

b. Engaging in conduct that violates laws and regulations or that is contrary to public order and morality;

c. Reselling their Uber Gift Cards or their Available Balance or using their Uber Gift Cards or Available Balance as collateral or for other business purposes in any way other than as designated by InComm Japan;

d. Engaging in conduct harmful to the interests of InComm Japan, other Users, or other relevant parties;

c. Engaging in conduct that can damage InComm Japan’s system relating to Uber Gift Cards or a User’s Available Balance, that can backwards engineer that system, or that can reproduce that system;

d. Reproducing, distributing, selling, renting, transferring, transmitting, making available for download, or broadcasting of all or parts of the InComm Japan-designated websites or smartphone apps related to Uber Gift Cards or a User’s Available Balance, whether or not for business purposes;

e. Changing, adapting, rewriting, deleting, or making other changes to the InComm Japan-designated websites or smartphone apps related to Uber Gift Card or a User’s Available Balance;

f. Uploading, distributing, or otherwise using of all or part of the InComm Japan-designated websites or smartphone apps relating to Uber Gift Cards or a User’s Available Balance on a User’s website or on another’s website;

g. Engaging in conduct that infringes or may infringe either InComm Japan’s or a third party’s patents, trademarks, copyrights or other proprietary or personal rights;

h. Improperly using other Users’ Prepaid Payment Method-Related Information or causing others to improperly use their own Prepaid Payment Method-Related Information;

i. Engaging in conduct damaging to the reputation, moral rights, trustworthiness, or other interests of right holders for the InComm Japan-designated websites or smartphone apps related to Uber Gift Cards or a User’s Available Balance;

j. Engaging in conduct that would prevent InComm Japan from providing services relating to Uber Gift Card or a User’s Available Balance, or engaging in conduct that disparages or undermines trust in the services related to Uber Gift Cards or a User’s Available Balance;

k. Engaging in criminal acts, inducing criminal acts, or engaging in conduct that may be connected to criminal acts;

l. Engaging in conduct that results in damage to other Users or to other third parties, or defamatory conduct against other Users or other third parties;

m. Engaging in conduct that causes or may cause damage to InComm Japan;

n. Using Uber Gift Cards or an Available Balance that a User obtains at stores not authorized by InComm Japan or in ways other than designated by InComm Japan; or

o. Engaging in other conduct that InComm Japan determines is inappropriate.

18. Damages

a. If a Purchaser or a User causes damages to InComm Japan due to a failure to comply with these Uber Gift Card Requirements, the Purchaser or the User will compensate InComm Japan for those damages.

b. If a Purchaser or a User fails to comply with these Uber Gift Card Requirements and thereby causes damages to other Users or other third parties, that Purchaser or User will compensate those other Users or other third parties for their damages at that Purchaser’s or User’s sole cost and responsibility, and with resolve any related disputes without any involvement by InComm Japan and without causing any damage to InComm Japan.

19. Amendments to These Terms and Conditions

a. InComm Japan may amend these Terms and Conditions at its sole discretion without prior notification.

b. InComm Japan will upload any amended Terms and Conditions on websites and smartphone apps designated by InComm Japan. A Purchaser or a User is deemed to have agreed to any amended Terms and Conditions after a certain amount of time has passed or when the Purchaser or User uses their Uber Gift Card or their Available Balance.

20. Outsourcing

A Purchaser or a User agrees in advance that InComm Japan may outsource to a partner company all or part of its tasks in connection with its Uber Gift Card and Available Balance-related services.

21. Jurisdiction

If a dispute arises between InComm Japan and a Purchaser or a User, the Tokyo District Court will have exclusive jurisdiction over the dispute regardless of amount in dispute.

22. Governing Law

These Terms and Conditions are governed by the laws of Japan.

23. Contact Information

A Purchaser or a User may contact InComm Japan for assistance regarding the issuance and use of Uber Gift Cards.

Issuer: InComm Japan Kabushiki Gaisha, 1-25-1, Nishi Shinjuku, Shinjuku-ku, Tokyo, Japan 163-0641

Website for Uber Gift Cards For Uber Eats URL, For Uber Taxi/Premium URL (as of November 2021)

TERMS REGARDING THE HANDLING OF PERSONAL INFORMATION

These Terms Regarding the Handling of Personal Information (these “Personal Information Terms”) form an integral part of and are incorporated into the Terms and Conditions. In addition, please review our Privacy Policy.

1. Collection, Retention, and Use of Personal Information

1. InComm Japan will keep the personal information of a Purchaser or a User strictly confidential and is prohibited from transferring their personal information to a third party except under the following circumstances:

a. If InComm Japan obtains consent from a Purchaser or a User by providing that Purchaser or User with advance notification that includes how InComm Japan obtains their personal information, the purpose of transferring their personal information to a third party, and what types of personal information InComm Japan will transfer to the third party;

b. If permitted under the relevant laws and regulations;

c. If there is a need to prevent death, bodily injury, or property damage, and it is difficult for InComm Japan to obtain consent from a Purchaser or a User;

d. If there is a special need to enhance public hygiene or improve the health of children, and it is difficult for InComm Japan to obtain consent from a Purchaser or a User; or

e. If there is a need to cooperate with a central government organization or a local government, or a person or entity that they have outsourced their duties to under the relevant laws and regulations, and obtaining consent from a Purchaser or a User may interfere with the performance of the above duties.

2. InComm Japan may use the personal information of Purchasers or Users for the purposes listed below or to provide information to its customers that InComm Japan believes is useful to its customers. InComm Japan may use the personal information of Purchasers or Users by processing it for statistical use.

a. Managing Purchasers or Users, including collecting and analyzing data to determine how Purchasers or Users use their Uber Gift Cards or Available Balance;

b. Promoting InComm Japan’s businesses and/or services;

c. Performing various transactions, confirming receipt of inquiries, and responding to inquiries; and

d. Performing market research and developing products.

2. Outsourcing the Handling of Personal Information

A Purchaser or a User agrees that when InComm Japan outsources its tasks to a third party (including but not limited to delivery, printing, clerical work using computers, settlement of payments, and other accompanying tasks), InComm Japan may provide the personal information described in these Personal Information Terms to the third party but only if InComm Japan takes the required steps to protect that personal information.

3. Request to Cease Use of Personal Information

A Purchaser or a User may request that InComm Japan cease using or providing their personal information even when InComm Japan uses or provides their personal information in the ways set forth in Section 1(1) and (2) of these Personal Information Terms. To make this request, the Purchaser or the User is required to use the contact information described below in Section 7 of these Personal Information Terms.

4. Request for Disclosure, Correction, and Deletion of Personal Information

A Purchaser or a User may request that InComm Japan disclose, correct, or delete any of the personal information of the Purchaser or the User that InComm Japan retains. To make this request, the Purchaser or the User may access the contact information described below in Section 7 of these Personal Information Terms regarding disclosure, correction, or deletion of personal information.

5. Use of Personal Information after Termination of Providing Uber Gift Card Services

InComm Japan may use the personal information of Purchasers or Users after it stops providing the Uber Gift Card-related services set forth in Section 14 of the Terms and Conditions for a period of time permitted by applicable law and regulations, or for a period to be designated by InComm Japan for the purposes set forth above in Section 1 of these Personal Information Terms and within the scope necessary to respond to requests for disclosure, correction, and deletion of personal information

6. Treatment of Purchasers or Users Who Do Not Agree to these Personal Information Terms

InComm Japan may take the steps described in Section 14 of the Terms and Conditions if a Purchaser or a User neither provides InComm Japan with the necessary information nor agrees to all or part of these Personal Information Terms.

7. Personal Information Inquiries

Contact information for inquiries about personal information and requests for disclosure, correction, or deletion of personal information:

Name: InComm Japan Kabushiki Gaisha

Address: Shinjuku Center Building 41F, 1-25-1, Nishi Shinjuku, Shinjuku-ku, Tokyo, Japan 163-0641

Contact Point for Personal Information: 03-6279-4881

For inquiries, please submit this form by selecting Contact information as ‘Others’

8. Amendment of these Personal Information Terms

a. These Personal Information Terms form an integral part of the Terms and Conditions.

b. InComm Japan may amend these Personal Information Terms within the scope that is necessary.

REPRESENTATIONS AND WARRANTIES OF NO RELATIONSHIP WITH ANTI-SOCIAL FORCES, I.E., ORGANIZED CRIME

These Representations and Warranties of No Relationship with Anti-Social Forces, i.e., Organized Crime form an integral part of and are incorporated into the Terms and Conditions.

1. A Purchaser or a User represents and warrants as follows (if a Purchaser or a User is legal entity, then the officers of the Purchaser or the User must also so represent and warrant):

① They currently and in the future do not constitute an organized crime group, a member of an organized crime group, persons who have been a member of an organized crime group within immediately preceding five (5) year period, a quasi-member of organized crime group, a company connected to an organized crime group, a corporate extortionist, a miscreant advocating political activism, an intellectual crime group, or the like (“Organized Crime Group”). Moreover, none of the circumstances listed below apply to a Purchaser or User:

a. Having a connection that makes a Purchaser or a User considered to be improperly using an Organized Crime Group, such as to improperly promoting their own interests or those of a third party, or to cause damages to a third party; or

b. Having a connection that makes a Purchaser or a User considered to be providing an Organized Crime Group with funds or non-monetary benefits.

② Represents that a Purchaser or a User does not perform any of the following actions either by themselves or through third parties:

a. Making violent demands;

b. Making unjust demands that exceed what the law allows;

c. Engaging in threatening behavior or using violence in relation to transactions;

d. Disseminating rumors, counterfeiting, damaging someone’s credibility, or improperly interfere with another’s business; or

e. Engaging in other actions similar to those listed above in a. to d.

2. InComm Japan may stop providing all of the services relating to Uber Gift Cards or a User’s Available Balance if InComm Japan discovers that a Purchaser or a User: (i) either falls within the definition of Organized Crime Group or if a. and b. of the preceding ① applies to a Purchaser or a User; (ii) engages in the actions described in a. to e. of the preceding ②; or (iii) is found to have breached any of the representations and warranties under the preceding ①. InComm Japan will not be liable for any damages or losses of a Purchaser or a User if, based on these Representations and Warranties of No Relationship with Anti-Social Forces, i.e., Organized Crime, it stops providing services related to Uber Gift Cards or a User’s Available Balance.

3. A Purchaser or a User will lose the benefit of time and will be required to immediately pay InComm Japan any amounts owed if InComm Japan stops providing services related to Uber Gift Cards or a User’s Available Balance pursuant to the preceding clause.