Uber Gift Card Terms of Use | Australia

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These Uber Gift Card terms and conditions (“Gift Card Terms”), constitute a legally binding agreement between you as the user and the issuer of Uber Gift Cards, Uber Pacific Pty. Ltd (“Uber”).

1. Uber Gift Card Terms & General Terms

1.1 By purchasing and/or using the Uber Gift Card, you indicate your acceptance of these Uber Terms.

1.2 These Gift Card Terms:

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

(b) only relate to the use and redemption of Uber Gift Cards as a Payment Method and do not apply to alternative Payment Methods or the services purchased with an Uber Gift Card.

1.3 You can find a digital copy of these Gift Card 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 Gift Cards loaded to the Wallet. In the event of a conflict between these Gift Card Terms and the General Terms regarding Gift Cards, these Gift Card Terms prevail.

2. Definitions

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

2.1 "Balance Limit" means AUD5,000.

2.2 “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).

2.3 “Gift Card Terms” means these Uber Gift Card terms of use, as amended or restated from time to time.

2.4 “Payment Method” means a method of payment within your Uber account for Transactions within the Territory.

2.5 “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).

2.6 “Territory” means Australia.

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

2.8 “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.

2.9 “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.

2.10 “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.

2.11 “User” or “you” means you as the individual who purchases an Uber Gift Card or to whom an Uber Gift Card has been given or otherwise transferred.

2.12 “Wallet” means the digital wallet linked to your Uber account in which we administer your Gift Card balance and other Payment Methods, including Uber Cash.

2.13 “we” or “us” means Uber.

3. Gift Cards

3.1 Once an Uber Gift Card has been purchased, it may be transferred to any other person. For a physical Uber Gift Card, this is done by physically giving it to the other person before it is activated. For a digital Uber Gift Card, this is done by following the directions in the Uber app or Uber Eats app.

3.2 To use the Uber Gift Card, you must first activate it by entering its code into an active and valid Uber account.

3.3 Please follow these steps to activate the Uber Gift Card in the Uber app or Uber Eats app:

1) Tap on the Account section on the Homepage of the Uber/Uber Eats app

2) Tap on 'Wallet'

3) Tap on '+Gift card'

4) Enter the Gift card code

5) Tap on 'Add'

Alternatively, please follow these steps to redeem the Uber Gift Card in either the Uber app or the Uber Eats app:

1) Tap on the Account section on the Homepage of the Uber/Uber Eats app

2) Tap on 'Wallet'

3) Tap on '+ Add payment method'

4) Tap on 'Gift card'

5) Enter the Gift card code

6) Tap on 'Add'

3.4 Non reloadable. Gift Cards are not reloadable.

3.5 Non transferability. Once activated, the value redeemed from an Uber Gift Card and reflected as “Gift Card balance” may not be transferred between Uber accounts.

3.6 Secondary payment method. You may be required to add a secondary Payment Method to use the Uber Gift Card with the Uber app or the Uber Eats app if the balance from the Uber Gift Card is not sufficient to cover the price of your Transaction.

3.7 Redeeming multiple gift cards. If you activate multiple gift cards, the gift card balances available to you will be aggregated and reflected in your Uber Gift Card balance.

3.8 Limits on transaction spend. Limits may apply to your use of Uber Gift Card balance.

3.9 Fees. No fees apply to your use or holding of Uber Gift Cards.

3.10 Time limit for activation. An Uber Gift Card must be activated by the expiry date specified on the Uber Gift Card. If an Uber Gift Card is not activated before its expiry date, the value standing to the credit of the Uber Gift Card is forfeited.

3.11 No expiry on Gift Card balance. Once an Uber Gift Card has been activated in your Wallet, your Gift Card balance does not expire.

3.12 Balance limit. We may be unable to, or we may refuse a request to, load Gift Cards if loading Gift Cards makes your aggregate balance of Gift Cards exceed the Balance Limit.

3.13 In addition to these terms and conditions, Uber Gift Cards are additionally subject to any other terms and conditions specified on the card.

4. Default payment method

Uber Cash balance (if any) will automatically be applied to your transactions followed by any Uber Gift Card balance. If you wish to apply your saved Payment Method for a transaction (rather than Uber Cash or Uber Gift Card balance) you can do so, by going to the Uber app or the UberEats app. Once you have completed your product selection, switch off Uber Cash and Gift Cards by clicking on toggle off, then proceed to the Payment Options screen, you can now select your preferred Payment Method. We recommend that this be done before booking a Rides service or paying for an Uber Eats transaction.

5. Non-reloadable

An Uber Gift Card cannot be reloaded with additional funds.

6. Non-refundable, returnable or redeemable

6.1 An Uber Gift Card is not refundable, returnable, or redeemable for cash except where required by law, whether or not it has been activated.

6.2 Uber Gift Cards may not be used to make a payment on a credit account or to load Uber Cash.

6.3 You may not purchase other gift cards with an Uber Gift Card.

6.4 Purchases made using Gift Cards are not refundable, except where required by law, including under the Australian Consumer Law. For questions, please contact Uber Support.

7. Customer Support and Enquiries

You may find your Uber Gift Card balance in your Uber app or Uber Eats app by:

1) Tap on the Account section of the app

2) Tap on Wallet

3) Tap on Uber balances

8. Assignment and Novation

You agree that Uber may novate the issuance of the Uber Gift Card and/or value standing to the credit of the Uber Gift Card, together with all of its other rights and obligations under these Gift Card Terms, to another issuer, without notice to you unless required by law.

9. Loss of Uber Gift Card

The risk of loss of the Uber Gift Card passes to the Uber Gift Card purchaser at the time of purchase. Uber shall not be responsible for lost, stolen or destroyed Uber Gift Cards, and is not responsible for unauthorised use of the Uber Gift Card. TO THE EXTENT PERMITTED BY LAW, IN THE EVENT THAT AN UBER GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY (AND UBER’S SOLE POTENTIAL LIABILITY) SHALL BE THE REPLACEMENT OF SUCH GIFT CARD, SUBJECT TO ANY ADDITIONAL RIGHTS YOU MAY HAVE UNDER THE AUSTRALIAN CONSUMER LAW.

10. Fraud

Uber reserves the right to void the Uber Gift Card if it reasonably suspects that the Uber Gift Card was obtained or used fraudulently, unlawfully or otherwise in violation of these Gift Card Terms.

11. Privacy

We collect, use and disclose information from or about you as described in our Privacy Notice (here). 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.

12. Amendments

We may amend these Gift Card 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 Gift Card Terms that detrimentally affects your rights under these terms. Amendments will be effective upon posting of such updated Gift Card Terms on the Uber application or Uber website. The most current Gift Card Terms shall be available at this webpage: (here), and will supersede all previous versions of the Gift Card 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 Gift Card Terms, as amended.

If any term of these Gift Card Terms is deemed to be invalid, void or for any reason unenforceable, such term shall be deemed severable and will not affect the validity and enforceability of any remaining terms of these Gift Card Terms.

13. Governing Law

These Gift Card Terms shall in all respects be interpreted and construed in accordance with, and governed by the laws of New South Wales, Australia, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply.

NOTHING IN THESE GIFT CARD TERMS PURPORT TO LIMIT YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING AUSTRALIAN CONSUMER LAW.