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Submitted URL: http://uber.com/legal/gift-cards/en-ca
Effective URL: https://www.uber.com/legal/en/document/?country=canada&lang=en&name=uber-gift-cards-terms-of-use
Submission: On August 20 via manual from CA

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Select jurisdiction:
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Last modified: 7/1/2021



CANADA GIFT CARD TERMS AND CONDITIONS

This Uber Gift Card Agreement (“Agreement”) is between the purchaser and/or
redeemer (“you”) of a Uber Gift Card (“Gift Card”), and Uber Portier Canada Inc.
(“Uber”).

By purchasing and/or redeeming the Gift Card, you accept the following terms and
conditions:

The Gift Card may only be redeemed via the Uber app and used within Canada in
cities where Uber is available. The Gift Card cannot be used with family
profiles.

Please follow these steps to redeem the Gift Card: 1) Go to the Payment section
in the Uber app; 2) Tap “Add Promo/Gift Code”; and 3) Enter the card’s Gift
Code. You must have an active and valid Uber account to redeem the Gift Card.
You may be required to add a secondary payment method to use the Gift Card with
the Uber app if the balance from the Gift Card is not sufficient to cover the
price of your ride. No fees apply to the Gift Card, and Gift Card funds never
expire.

If you have other payment methods in your Uber account, the Gift Card will be
set as your default payment method. If you wish to use another payment method,
go to the Payment section in the Uber app and select the payment method before
the Uber service is provided. The Gift Card cannot be reloaded with additional
funds after purchase. The Gift Card may not be used outside of Canada, or in
Canadian cities where Uber is not available. The Gift Card is not refundable,
returnable or redeemable for cash except where required by law and may not be
used to make a payment on a credit account. You may not purchase other Gift
Cards with the Gift Card.

For balance inquiry, please visit the Payments Section in your Uber app. In
Quebec only, if your balance is less than CDN $5.00, you can obtain a refund by
contacting Uber Support.

Purchases made with the gift card are not refundable, except where required by
law. To claim a refund, please contact Uber Support.

Uber reserves the right to sell, transfer or assign the issuance of the Gift
Card and/or funds underlying the Gift Card to another issuer, without notice to
you.

The risk of loss of the Gift Card passes to the Gift Card purchaser at the time
of purchase. Uber shall not be responsible for lost, stolen or destroyed Gift
Cards, and are not responsible for unauthorized use of the Gift Card. IN THE
EVENT THAT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY (AND UBER’S SOLE
POTENTIAL LIABILITY) SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.

Uber reserves the right to void the Gift Card if the issuer suspects that the
Gift Card was obtained or used fraudulently, unlawfully or otherwise in
violation of this Agreement.

Uber may modify any of this Agreement’s terms and conditions at any time, upon
30 days’ written notice to you, which notice shall set out the existing
provisions and amended provisions, the date of the coming into force of the
modification and, if applicable, your right to refuse the modification as
described in the next sentence. You may refuse a modification which involves an
increase of your obligations or a reduction in Uber’s obligations by sending
Uber a notice to that effect no later than 30 days after the modification comes
into force. The most current Agreement shall be available here, and will
supersede all previous versions of the Agreement. The most current Agreement
shall be effective upon the issuer’s posting of such modified Agreement. Your
use of the Gift Card after such posting constitutes your acceptance of the
modified Agreement. Redemption of the Gift Card is also subject to the terms of
use governing your Uber account.

If any term of this Agreement 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 this Agreement. For
customer service, please visit Uber’s help page.

IMPORTANT: PLEASE READ THE FOLLOWING ARBITRATION REQUIREMENT CAREFULLY. YOU WILL
HAVE TO RESOLVE DISPUTES THROUGH ARBITRATION. YOU WILL NOT BE ELIGIBLE TO GET
MONEY OR OTHER RELIEF THROUGH A COURT PROCEEDING.

ARBITRATION REQUIREMENT

You are free to get advice or representation from a lawyer about the arbitration
requirement.

Unless prohibited by law, all disputes arising out of or relating in any way to:
i) this Agreement; ii) the Gift Card; iii) your acquisition of the Gift Card;
iv) your redemption of the Gift Card for use, or attempted use, within the Uber
app; v) the amount of available funds on the Gift Card; or vi) advertisements,
promotions or oral or written statements related to the Gift Card, will be
finally and conclusively adjudicated and resolved by arbitration under the
Arbitration Rules (“ADRIC Rules”) of the ADR Institute of Canada, Inc.
(“ADRIC”), except as modified here. The arbitration will be in English or French
as you choose. The arbitration may be held anywhere the arbitrator considers
appropriate, including remotely by telephone or Internet.

The ADRIC Rules are available by, for example, searching <www.google.ca> to
locate “ADRIC Arbitration Rules” or by clicking here. You can also contact ADRIC
at 1-877-475-4353 or <www.adric.ca>.

You will have to pay some fees to arbitrate, as described in the ADRIC Rules.

However, before beginning the arbitration, the party with the claim will first
try to informally negotiate with the other party, in good faith, a resolution of
the dispute for not less than 30 days but no more than 45 days unless extended
by agreement. During the negotiation period, any otherwise applicable limitation
period will be tolled (temporarily suspended).

Nothing here prevents you from filing a claim with a government agency.

This arbitration requirement survives: (i) the termination of this Agreement;
(ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment of
the Gift Card, or any amounts owed on the Gift Card, to any other person or
entity. If any part of it is deemed invalid or unenforceable, the other parts
remain in force.

This Agreement is governed by and construed in accordance with the laws of
Ontario, Canada, excluding its rules on conflicts of laws.


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