uber TERMS AND CONDITIONS FOR USERS
uber TERMS AND CONDITIONS FOR USERS
uber TERMS AND CONDITIONS FOR USERS
INDIA
1. Contractual Relationship
These Terms of Use (“Terms”) govern the access or use by you, an individual, of
applications, websites, content, products, and services (the “Services”) made
available by Uber India Systems Private Limited (“Uber”) a private limited liability
company established in India, having its registered office at Regus Business
Platinum Centre Pvt. Ltd., Level 13, Platinum Techno Park, Plot No.17/18, Sec-30A,
Vashi, Navi Mumbai, Maharashtra-400705 along with office in other states with
Corporate Identification Number U74120MH2013FTC247008 . PLEASE READ
THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by
these Terms, which establishes a contractual relationship between you and Uber. If
you do not agree to these Terms, you may not access or use the Services. These
Terms expressly supersede prior agreements or arrangements with you. Uber may
immediately terminate these Terms or any Services with respect to you, or generally
cease offering or deny access to the Services or any portion thereof, at any time for
any reason. Supplemental terms may apply to certain Services, such as policies for
a particular event, activity or promotion, and such supplemental terms will be
disclosed to you in connection with the applicable Services. Supplemental terms are
in addition to, and shall be deemed a part of, the Terms for the purposes of the
applicable Services. Supplemental terms shall prevail over these Terms in the event
of a conflict with respect to the applicable Services. Uber may amend the Terms
related to the Services from time to time. Amendments will be effective upon Uber’s
posting of such updated Terms at this location or the amended policies or
supplemental terms on the applicable Service. Your continued access or use of the
Services after such posting constitutes your consent to be bound by the Terms, as
amended. Our collection and use of personal information in connection with the
Services is as provided in Uber’s Privacy Policy located
at https://www.uber.com/privacy/notice. Uber may provide to a claims processor or
an insurer any necessary information (including your contact information) if there is a
complaint, dispute or conflict, which may include an accident, involving you and a
Third Party Provider (including a transportation network company driver) and such
information or data is necessary to resolve the complaint, dispute or conflict.
2. The Services
The Services constitute a technology platform that enables users of Uber’s mobile
applications or websites provided as part of the Services (each, an “Application”) to
arrange and schedule transportation and/or logistics services with independent third
party providers of such services, including independent third party transportation
providers and independent third party logistics providers under agreement with Uber
or certain of Uber’s affiliates (“Third Party Providers”). Unless otherwise agreed by
Uber in a separate written agreement with you, the Services are made available
solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT UBER
DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR
FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH
TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY
INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY
UBER OR ANY OF ITS AFFILIATES.
LICENSE.
Subject to your compliance with these Terms, Uber grants you a limited, non-
exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and
use the Applications on your personal device solely in connection with your use of
the Services; and (ii) access and use any content, information and related materials
that may be made available through the Services, in each case solely for your
personal, noncommercial use. Any rights not expressly granted herein are reserved
by Uber and Uber’s licensors.
RESTRICTIONS.
You may not: (i) remove any copyright, trademark or other proprietary notices from
any portion of the Services; (ii) reproduce, modify, prepare derivative works based
upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform,
transmit, stream, broadcast or otherwise exploit the Services except as expressly
permitted by Uber; (iii) decompile, reverse engineer or disassemble the Services
except as may be permitted by applicable law; (iv) link to, mirror or frame any portion
of the Services; (v) cause or launch any programs or scripts for the purpose of
scraping, indexing, surveying, or otherwise data mining any portion of the Services
or unduly burdening or hindering the operation and/or functionality of any aspect of
the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of
the Services or its related systems or networks.
TEXT MESSAGING.
By creating an Account, you agree that the Services may send you informational text
(SMS) messages as part of the normal business operation of your use of the
Services. You may opt-out of receiving text (SMS) messages from Uber at any time
by sending an email to support@uber.com indicating that you no longer wish to
receive such messages, along with the phone number of the mobile device receiving
the messages. You acknowledge that opting out of receiving text (SMS) messages
may impact your use of the Services.
PROMOTIONAL CODES.
Uber may, in Uber’s sole discretion, create promotional codes that may be redeemed
for Account credit, or other features or benefits related to the Services and/or a Third
Party Provider’s services, subject to any additional terms that Uber establishes on a
per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must
be used for the intended audience and purpose, and in a lawful manner; (ii) may not
be duplicated, sold or transferred in any manner, or made available to the general
public (whether posted to a public form or otherwise), unless expressly permitted by
Uber; (iii) may be disabled by Uber at any time for any reason without liability to
Uber; (iv) may only be used pursuant to the specific terms that Uber establishes for
such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use.
Uber reserves the right to withhold or deduct credits or other features or benefits
obtained through the use of Promo Codes by you or any other user in the event that
Uber determines or believes that the use or redemption of the Promo Code was in
error, fraudulent, illegal, or in violation of the applicable Promo Code terms or
these Terms.
4. Payment
You understand that use of the Services may result in charges to you for the
services or goods you receive from a Third Party Provider (“Charges ”). After you
have received services or goods obtained through your use of the Service, Uber will
facilitate your payment of the applicable Charges on behalf of the Third Party
Provider as such Third Party Provider’s limited payment collection agent. Payment of
the Charges in such manner shall be considered the same as payment made directly
by you to the Third Party Provider. Charges will be inclusive of applicable taxes
where required by law. Uber reserves the right to charge you an additional amount
for pickup facility provided at various places along with applicable taxes (including
but not limited to GST). Charges paid by you are final and non-refundable, unless
otherwise determined by Uber. You retain the right to request lower Charges from a
Third Party Provider for services or goods received by you from such Third Party
Provider at the time you receive such services or goods. Uber will respond
accordingly to any request from a Third Party Provider to modify the Charges for a
particular service or good. All Charges are due immediately and payment will be
facilitated by Uber using the preferred payment method designated in your Account,
after which Uber will send you a receipt by email. If your primary Account payment
method is determined to be expired, invalid or otherwise not able to be charged, you
agree that Uber may, as the Third Party Provider’s limited payment collection agent,
use a secondary payment method in your Account, if available. As between you and
Uber, Uber reserves the right to establish, remove and/or revise Charges for any or
all services or goods obtained through the use of the Services at any time in Uber’s
sole discretion. Further, you acknowledge and agree that Charges applicable in
certain geographical areas may increase substantially during times of high demand.
Uber will use reasonable efforts to inform you of Charges that may apply, provided
that you will be responsible for Charges incurred under your Account regardless of
your awareness of such Charges or the amounts thereof. Uber may from time to time
provide certain users with promotional offers, subscriptions and discounts that may
result in different amounts charged for the same or similar services or goods
obtained through the use of the Services, and you agree that such promotional
offers,subscriptions and discounts, unless also made available to you, shall have no
bearing on your use of the Services or the Charges applied to you. You may elect to
cancel your request for services or goods from a Third Party Provider at any time
prior to such Third Party Provider’s arrival, in which case you may be charged a
cancellation fee. This payment structure is intended to fully compensate the Third
Party Provider for the services or goods provided. Except with respect to taxicab
transportation services requested through the Application, Uber does not designate
any portion of your payment as a tip or gratuity to the Third Party Provider. Any
representation by Uber (on Uber’s website, in the Application, or in Uber’s marketing
materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in
the payments you make for services or goods provided is not intended to suggest
that Uber provides any additional amounts, beyond those described above, to the
Third Party Provider. You understand and agree that, while you are free to provide
additional payment as a gratuity to any Third Party Provider who provides you with
services or goods obtained through the Service, you are under no obligation to do
so. Gratuities are voluntary. After you have received services or goods obtained
through the Service, you will have the opportunity to rate your experience and leave
additional feedback about your Third Party Provider.
LIMITATION OF LIABILITY.
UBER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST
PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED
TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF
THE SERVICES, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. UBER SHALL NOT BE LIABLE FOR ANY DAMAGES,
LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON
THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR
(ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD
PARTY PROVIDER, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. UBER SHALL NOT BE LIABLE FOR DELAY OR FAILURE
IN PERFORMANCE RESULTING FROM CAUSES BEYOND UBER’S
REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY
TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES
REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER
RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY
NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL
UBER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR
ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED
EUROS (€500). UBER’S SERVICES MAY BE USED BY YOU TO REQUEST AND
SCHEDULE TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH
THIRD PARTY PROVIDERS, BUT YOU AGREE THAT UBER HAS NO
RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY
TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY
THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN
THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO
NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A
CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
INDEMNITY.
You agree to indemnify and hold Uber and its officers, directors, employees and
agents harmless from any and all claims, demands, losses, liabilities, and expenses
(including attorneys’ fees) arising out of or in connection with: (i) your use of the
Services or services or goods obtained through your use of the Services; (ii) your
breach or violation of any of these Terms; (iii) Uber’s use of your User Content; or
(iv) your violation of the rights of any third party, including Third Party Providers.
7. Other Provisions
CLAIMS OF COPYRIGHT INFRINGEMENT.
Claims of copyright infringement should be sent to Uber’s designated agent. Please
visit Uber’s web page at https://www.uber.com/legal for the designated address and
additional information. NOTICE. Uber may give notice by means of a general notice
on the Services, electronic mail to your email address in your Account, or by written
communication sent to your address as set forth in your Account. You may give
notice to Uber by written communication to Uber's address as mentioned above
GENERAL. You may not assign or transfer these Terms in whole or in part without
Uber’s prior written approval. You give your approval to Uber for it to assign or
transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii)
an acquirer of Uber’s equity, business or assets; or (iii) a successor by merger. No
joint venture, partnership, employment or agency relationship exists between you,
Uber or any Third Party Provider as a result of the contract between you and Uber or
use of the Services. If any provision of these Terms is held to be illegal, invalid or
unenforceable, in whole or in part, under any law, such provision or part thereof shall
to that extent be deemed not to form part of these Terms but the legality, validity and
enforceability of the other provisions in these Terms shall not be affected. In that
event, the parties shall replace the illegal, invalid or unenforceable provision or part
thereof with a provision or part thereof that is legal, valid and enforceable and that
has, to the greatest extent possible, a similar effect as the illegal, invalid or
unenforceable provision or part thereof, given the contents and purpose of these
Terms. These Terms constitute the entire agreement and understanding of the
parties with respect to its subject matter and replaces and supersedes all prior or
contemporaneous agreements or undertakings regarding such subject matter. In
these Terms, the words “including” and “include” mean “including, but not limited to.”
UBER GUIDELINES FOR LAW ENFORCEMENT AUTHORITIES
The following guidelines are intended to inform law enforcement about the legal
process for seeking records from Uber. These are merely guidelines, and this
information may change at any time. For private party requests, including requests
from civil litigants and criminal defendants, we recommend browsing Guidelines for
Third Party Data Requests.