https://www.uber.com/legal/en/document/?name=general-terms-of-use&country=italy&lang=it
Last modification: 25/12/2019
UBER B.V.
Terms and conditions
Last updated: December 4, 2017
1.
Contractual relationship
These Terms of Use ("Terms") govern the access or use by you, an individual, from any country in the world (excluding the United States and its territories and possessions, and Mainland China) of applications, websites, content, products and services (the "Services") made available by Uber BV, a limited liability company incorporated in the Netherlands, headquartered at Mr.
Treublaan 7, 1097 DP, Amsterdam, The Netherlands, registered with the Amsterdam Chamber of Commerce under number 56317441 (“Uber”).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Access to and use of the Services constitutes your acceptance of being bound by these Terms, and thereby establishes a contractual relationship between you and Uber.
If you do not agree to these Terms, you will not be able to access or use the Services.
These Terms expressly supersede any prior agreement or understanding with you.
Uber may immediately terminate these Terms or the Services used by you, or in general terminate the offer or deny access to the Services or parts thereof, at any time and for any reason.
Additional terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such additional terms will be communicated to you in relation to the applicable Services.
The Additional Terms supplement the Terms and will be deemed an integral part thereof for the purposes of the applicable Services.
The Additional Terms will prevail over these Terms in the event of a conflict with the applicable Services.
Uber may change the Terms relating to the Services from time to time.
The changes will take effect upon Uber's posting of such updated Terms on this site or the amended policies or applicable Additional Service Terms.
Continued access or use of the Services after such publication constitutes your consent to be bound by the Terms, as amended.
The collection and use of personal data in relation to the Services complies with the provisions of Uber's Privacy Policy available at https://www.uber.com/privacy/notice.
Uber may provide a claims manager or insurer with all necessary information (including your contact information) in the event of a claim, dispute or conflict, which may include an incident involving you and a Third Party Provider (including a a transport network company) and such information or data is necessary to resolve the complaint, dispute or conflict.
2.
Services
The Services constitute a technological platform that allows users of Uber's mobile applications or websites provided as part of the Services (each, an "Application") to organize and schedule transport and / or logistics services with third party independent suppliers of such services, including third party independent transport service providers and third party independent logistics service providers linked by a contractual relationship 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 for your personal, non-commercial use only.
YOU ACKNOWLEDGE THAT UBER DOES NOT PROVIDE TRANSPORT OR LOGISTICS SERVICES OR OPERATE AS A TRANSPORT CARRIER AND THAT ALL SUCH TRANSPORT OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY SUPPLIERS WHO ARE NOT EMPLOYEES OF UBER OR ANY OF ITS ASSOCIATES.
License.
Subject to 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 only in connection with the use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in any case only for your personal and non-commercial use.
All rights not expressly granted in this agreement are expressly reserved by Uber and Uber's licensors.
Limitations.
The user is prohibited from: (i) removing any copyright, trademark or other distinctive proprietary marks from any part of the Services; (ii) reproduce, modify, prepare derivative works, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, broadcast, stream, broadcast over the air or otherwise exploit the Services except as expressly permitted by Uber; (iii) decompile, reverse engineer or disassemble the Services except as permitted by applicable law; (iv) link, duplicate or frame any part of the Services; (v) use or launch programs or scripts in order to extract, index, analyze, or otherwise derive data from any part of the Services or unduly burden or hinder the operation and / or functionality of any aspect of the Services; or (vi) attempting to gain unauthorized access or compromise any aspect of the Services or related systems or networks.
Provision of the Services.
You acknowledge that portions of the Services may be made available under Uber's various brands or on-demand options associated with transportation or logistics services, including the transportation-on-demand service brands currently referred to as "Uber," "uberPOP," " uberX, ”“ uberXL, ”“ UberBLACK, ”“ UberSUV, ”“ UberBERLINE, ”“ UberVAN, ”“ UberEXEC, ”and“ UberLUX ”and the on-demand logistics brands currently referred to as“ UberRUSH, ”“ UberFRESH ”and“ UberEATS ".
You further acknowledge that the Services may be made available under such brands or options upon request by or in connection with: (i) certain of Uber's subsidiaries and affiliates; or (ii) Independent Third Party Suppliers, including drivers of transportation network companies, holders of a leased transportation permit or holders of similar transportation permits, authorizations or licenses.
Third Party Services and Content.
The Services may be made available or accessible in connection with third party services and content (including advertising), which Uber does not control.
You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content.
Uber does not endorse such third party services and content and in no event shall Uber be liable for the products or services of such third party suppliers.
Inoltre, Apple Inc.,
Google, Inc.,
Microsoft Corporation or BlackBerry Limited and / or their respective applicable international subsidiaries and affiliates will be third party beneficiaries of this agreement if you access the Services through the use of Applications developed, respectively, for Apple iOS, Android, Microsoft Windows, or Blackberry mobile devices.
These third party beneficiaries are not parties to this agreement and are not responsible for providing or supporting the Services in any way.
Your access to the Services using these devices is subject to the conditions set out in the relevant terms of use of the third party beneficiaries.
Property
The Services and all related rights are and will remain the property of Uber, or their respective licensors.
Neither these Terms nor your use of the Services transfer or attribute to you any rights: (i) in relation to the Services, except for the limited license granted above; or (ii) to use or refer in any way to Uber's company names, logos, product or service names, trademarks, or service marks or those of Uber's licensors.
3.
Your use of the Services
User account.
In order to use most of the features of the Services, the user must register and maintain an active personal user account for the Services ("Account").
The user must be at least 18 years of age, or the legal age of majority in their jurisdiction (if different from 18 years of age), to obtain an Account.
To register your account, you must provide Uber with some personal information, such as name, address, mobile phone number and age, and at least one valid payment method (a credit card or an accepted payment instrument).
You undertake to keep accurate, complete and up-to-date information in your account.
Failure to comply with the commitment to maintain accurate, complete and up-to-date Account information, including keeping an invalid or expired payment method on file, may result in the inability to access and use the Services or termination by of Uber of this Agreement with you.
You are responsible for all activities that occur on your Account, and undertake to maintain the security and secrecy of your Account username and password at all times.
Unless otherwise permitted by Uber in writing, you may have a single account.
User requirements and conduct.
The Service is not available for use by persons under the age of 18.
You cannot authorize third parties to use your Account, and you cannot allow persons under the age of 18 to receive transportation or logistics services from Third Party Suppliers unless they are accompanied by you.
You may not assign or otherwise transfer your Account to any other person or entity.
You undertake to comply with all applicable laws when using the Services, and to use the Services only for legitimate purposes (eg.),
the transport of illegal or dangerous materials is excluded).
By using the Services, you will not cause nuisance, harassment, inconvenience, or property damage, either to the Third Party Provider or to any other party.
In some cases you may be required to provide identification to access or use the Services, and you acknowledge that you may be denied access to or use of the Services if you refuse to provide proof of identity. identity.
Text message.
By creating an Account, you agree that the Services may send you informational text messages (SMS) as part of your normal operational use of the Services.
You can opt out of receiving text messages (SMS) 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 the choice not to receive text messages (SMS) may affect the use of the Services.
Promotional codes.
Uber may, in its sole discretion, create promotional codes that can be redeemed for Account credit, or for other features or benefits related to the Third Party Provider Services and / or services, subject to additional terms that Uber establishes under the promotional codes ("Promotional Codes").
The user acknowledges that the Promotional Codes: (i) must be used for the intended recipients and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any way, or made available to the general public (published in a publicly accessible form or otherwise), unless explicitly authorized by Uber; (iii) may be disabled by Uber at any time, for any reason, without any liability to Uber; (iv) may only be used in accordance with the specific terms Uber establishes for such Promotional Code; (v) they are not valid as a form of liquidity; and (vi) may expire before being used.
Uber reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promotional Codes by you or any other user in the event that Uber determines or believes that the use or refund of the Promotional Code was due. error, fraudulent, illegal, or in violation of the terms of the applicable Promotional Code or these Terms.
Content provided by the User.
Uber may, in its sole discretion, permit from time to time to submit, upload, post or otherwise make available to Uber through the Services, textual, audio, and / or video content and information, including comments and feedback relating to the Services. , submitting support requests, and submitting entries to contests and promotions ("User Content").
Any User Content you provide remains your property.
However, by providing User Content to Uber, you grant Uber a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works, distribute, display publicly, publicly perform, and otherwise exploit in any way such User Content in all formats and distribution channels known now or in the future (including in connection with the Services and Uber business and on third party sites and services) , without further notice or consent from you, and without obligation of payment to you or to any other person or entity.
You represent and warrant that: (i) you are the sole and exclusive owner of all User Content or have all rights, licenses, consents and permissions necessary to grant Uber a license for User Content as stated above; and (ii) neither the User Content nor the submission, upload, publication or otherwise making available of such User Content by you, nor Uber's use of the User Content as permitted herein. will violate, misappropriate or harm any intellectual property rights or proprietary rights, or the rights of publicity or confidentiality of third parties, or will result in the violation of any applicable law or regulation.
You agree not to provide User Content that is defamatory, disparaging, hateful, violent, obscene, pornographic, illegal, or otherwise offensive, as determined by Uber in its sole discretion, whether or not such material may or may not be protected by law.
Uber may, but will not be obligated to, review, monitor or remove User Content, in Uber's sole discretion and at any time and for any reason, without notice to you.
Network access and devices.
You are responsible for obtaining access to the data network necessary to use the Services.
Your mobile network messaging and data rates and charges may apply if you access or use the Services from a wirelessly connected device and you will be responsible for such fees and costs.
You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and related updates.
Uber does not warrant that the Services, or any part thereof, will work on any specific hardware or devices.
In addition, the Services may be subject to malfunctions and delays relating to the use of the Internet and electronic communications.
4.
Payment
You acknowledge that the use of the Services may result in charges against you for the services or goods received from a Third Party Supplier ("Charges").
After receiving the services or goods obtained through the use of the Service, Uber will facilitate the payment of the applicable Charges on behalf of the Third Supplier as a limited agent collecting the payments of such Third Supplier.
The payment of the Charges in this way will be treated as a payment made directly by you to the Third Supplier.
Charges will be inclusive of applicable taxes where required by law.
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 Provider for the services or goods you receive from that Third Provider, upon receiving such services or goods.
Uber will respond appropriately to any request from a Third Party Provider to change Charges for a particular service or item.
All Charges are payable immediately and payment will be facilitated by Uber using the preferred payment method listed in your Account, for which Uber will send you a confirmation by email.
If it is determined that your Account's primary payment method has expired, is invalid or otherwise unable to be loaded, 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.
In the relationship between you and Uber, Uber reserves the right to establish, remove and / or modify Charges for some or all of the services or goods obtained through the use of the Services at any time in Uber's sole discretion.
Additionally, you acknowledge and agree that Charges applicable in certain geographic areas may significantly increase during periods of high demand.
Uber will make reasonable efforts to inform you of any Charges that may be applicable, it being understood that you will be responsible for any Charges accrued in your Account whether or not you are aware of such Charges or related amounts.
Uber may from time to time provide certain users with promotional offers and discounts which may result in different amounts applicable for the same services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, except as made also available to you, will not have any bearing on your use of the Services or with the Charges applied to you.
You can choose to cancel the request for services or goods from a Third Supplier at any time before the arrival of that Third Supplier, in which case you may be charged a cancellation penalty.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided.
Except for the taxi transport services requested through the Application, Uber does not donate any part of its payment such as a tip or a donation to the Third Supplier.
Any statement by Uber (on Uber's website, Application, or Uber marketing materials) that the tip is "voluntary", "unsolicited" and / or "included" in the payments you performs for the services or goods provided, it is not intended to suggest that Uber pays any additional amount, in addition to those described above, to the Third Supplier.
You acknowledge and agree that while you are free to give additional amounts as a gift to any Third Party Provider who provides you with the services or goods obtained through the Service, you are under no obligation to do so.
Tips are voluntary.
After you have received the services or goods obtained through the Service, you will have the opportunity to provide an evaluation of your experience and to leave an additional comment on the Third Provider.
Repair or cleaning costs.
You will be responsible for the cost of repairing any damage or cleaning necessary to the vehicles and assets of the Third Party Provider, resulting from the use of the Services with your Account if such damage and the necessary cleaning operations exceed normal "wear and tear. "(" Repair or Cleaning ").
In the event that a Third Party Provider reports a need for Repair or Cleaning, and such Repair or Cleaning request is ascertained by Uber in its reasonable discretion, Uber reserves the right to facilitate payment of the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using the payment method indicated in his account.
Such amounts will be transferred by Uber to the applicable Third Party Supplier and are non-refundable.
5.
Warnings; Limitation of Liability; Allowance.
EXCLUSION.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE".
UBER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR LEGAL, NOT EXPRESSLY GIVEN IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FURTHERMORE, UBER MAKES NO REPRESENTATIONS, WARRANTIES OR ASSURANCE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES, OR THE SERVICES OR GOODS REQUIRED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED.
UBER DOES NOT WARRANT THE QUALITY, SUITABILITY, SAFETY OR CAPABILITY OF THIRD-PARTY SUPPLIERS.
YOU AGREE THAT THE ENTIRE RISK ARISING FROM YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION WITH THEM, REMAINS ON YOUR OWN, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY.
UBER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, PERSONAL INJURY, OR DAMAGE TO PROPERTY, IN CONNECTION WITH OR IN CONNECTION WITH OR OTHERWISE USE OF THE SERVICES, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UBER WILL NOT BE LIABLE FOR ANY DAMAGES, LIABILITIES OR LOSSES ARISING FROM: (i) THE USE OF OR RELIANCE ON THE SERVICES OR THE INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD SUPPLIER, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UBER SHALL NOT BE LIABLE FOR DELAY OR FAILURE TO PERFORM ARISING FROM CAUSES BEYOND UBER'S REASONABLE CONTROL.
YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORT PROVIDERS WHO PROVIDE REQUESTED TRANSPORT SERVICES THROUGH CERTAIN REQUIRED BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORT SERVICES AND MAY NOT BE LICENSED OR PROFESSIONAL PERMITS.
IN NO EVENT SHALL UBER'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT OF FIVE HUNDRED EUROS (€ 500).
UBER'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORT, GOODS SERVICES AND LOGISTICS SERVICES WITH THIRD-PARTY SUPPLIERS, HOWEVER YOU ACKNOWLEDGE THAT UBER HAS NO LIABILITY TO YOU IN CONNECTION WITH TRANSPORTATION, GOODS SERVICES YOU FROM THIRD PARTY SUPPLIERS OUTSIDE AS EXPRESSLY PROVIDED FOR IN THESE TERMS.
THE LIMITATIONS AND EXCLUSION OF WARRANTY IN THIS SECTION 5 ARE NOT INTENDED TO LIMIT LIABILITY OR MODIFY YOUR RIGHTS AS A CONSUMER WHICH CANNOT BE EXCLUDED FROM APPLICABLE LAW.
Indemnification
You agree to indemnify and hold Uber and its officers, directors, employees and agents harmless from any and all claims, claims, losses, liabilities, and expenses (including attorney's fees) arising out of or in connection with: (i) use the Services or the services or goods obtained through your use of the Services; (ii) your breach of any of these Terms; (iii) Uber's use of User Content; or (iv) the violation of the rights of third parties, including Third Party Suppliers
6.
Current legislation; arbitration.
Except as otherwise provided in these Terms, these Terms will be submitted to and construed only in accordance with the laws of the Netherlands, excluding its conflict of law rules.
The Vienna Convention on the International Sale of Goods (CISG) of 1980 will not apply.
Any disputes, conflicts, claims or disputes arising out of or related in a broad sense to the Services or these Terms, including those relating to its validity, interpretation or applicability (the "Disputes"), will be compulsorily subjected to mediation procedures in accordance with the Rules. on the mediation of the International Chamber of Commerce (“ICC Mediation Rules”).
If the aforementioned Disputes are not settled within sixty (60) days from the submission of a request for amicable resolution of disputes pursuant to the aforementioned ICC Mediation Rules, the same will be resolved exclusively and final on the basis of arbitration pursuant to the Rules of 'International Chamber of Commerce arbitration ("ICC Arbitration Rules").
The provisions of the emergency referee of the ICC Rules are excluded.
Disputes will be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules.
The venue for mediation and arbitration will be Amsterdam, the Netherlands, subject to any rights you may have under Article 18 of the Brussels I bis Regulation (OJ EU 2012 L351 / 1) and / or Article 6: 236n of the Dutch Civil Code.
The language of the mediation and / or arbitration will be English, unless you speak English, in which case the mediation and / or arbitration will take place in English and in your mother tongue.
The existence and content of the mediation and arbitration proceedings, including documents and pleadings submitted by the parties, correspondence to and from the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and judgments issued by the arbitrator, will remain strictly confidential and may not be disclosed to third parties without the express written consent of the other party unless: (i) disclosure to third parties is reasonably necessary in order to carry out the mediation or arbitration procedure; and (ii) the third party unconditionally accepts in writing to be bound by the confidentiality obligation stipulated herein.
7.
Other provisions
Copyright infringement complaints.
Reports of copyright infringement should be sent to Uber's designated agent.
Visit the Uber web page at https://www.uber.com/legal for the designated address and additional information.
Notification.
Uber may send notification by means of a general notice on the Services, by e-mail to the e-mail address in your Account, or by written communication sent to your address as indicated in your Account.
You can notify Uber by written notice to Uber's address in Mr.
Treublaan 7, 1097 DP, Amsterdam, The Netherlands.
General provisions.
You may not assign or transfer these Terms in whole or in part without Uber's prior written consent.
You give your consent to Uber to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) a buyer of Uber's capital, business or assets; or (iii) a successor following a merger.
No joint venture, partnership, dependency, or agency relationship exists between you, Uber and any Third Party Supplier as a result of this agreement between you and Uber or the 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 any part thereof, to the extent due, shall be deemed not to form part of these Terms, but the legality, validity and applicability of the other provisions of these Terms cannot be considered ineffective or vitiated.
In such event, the parties will replace the illegal, invalid or unenforceable provision, or any part thereof, with a legal, valid and enforceable provision, or part thereof, which has, to the maximum extent possible, a similar effect to that of the provision (or part of it) deemed illegal, invalid or unenforceable, given the contents and purposes of these Terms.
These Terms constitute the entire Agreement and understanding of the parties with reference to its object and succeed and replace and derogate from all previous or contemporary agreements or commitments relating to the same object.
In these Terms, the words "included" and "include" mean "included, but not limited to".