Uber b.
V.
Conditions
Last updated: 4 december 2017
1.
Contractual relationship
This regulation (hereinafter " the regulation '), governs access or use by a private person from any country in the world (with the exception of the united states and the overseas territories and territories, as well as that of mainland china) applications nieinkorporowanych, websites, content, products and services (hereinafter " services ") made available by uber b.
V.,
Private company with limited liability established in the netherlands, located at Mr..
Treublaan 7 1097, amsterdam, the netherlands, dp is registered in amsterdam chamber of commerce under no 56317441 (hereinafter "). " uber
Before being given access to the services or start using them, please carefully read the this regulation.
Accessing services and the use of these is synonymous with the adoption of the provisions of this regulation as binding, which is a reference contractual relationship between the state and uber.
The this regulation means no capacity to obtain access to services and on their use.
These rules replace previously executed agreement and the agreement.
Uber may at any time, and from any cause to cancel this regulation or prevent the use of any services in relation to the state, as well as to stop at all offer services and denied access to them, or any part of them.
Certain services can be subject to the additional provisions, such as rules concerning specific events, activities or promotion, and information on such additional provisions will be transmitted in connection with the respective services.
Supplementary provisions are complementary to and will form part of the regulation at, for the services.
In case of conflict in relation to these services supplementary provisions are paramount to this regulation.
Uber may from time to time to change the rules of procedure concerning services.
Amendments shall enter into force at the time of publication by this kind of regulation in this place updated uber or updated policies or additional provision in the relevant services.
Further access to the services or the use of them after such publication means to adopt a revised regulation.
Rules for the collection and our use of personal data in relation to the services referred to in the privacy policy, available at uber https: / / www.uber.com / privacy / notice.
Uber may refer to the company dealing with claims processing or insurer all the necessary information (including the contact details) in the case of receipt of the complaint, of disputes or conflict, which may include an accident, attended by the state and the external service provider (including the driver) and transport company such information or data will be necessary to consider the claims or settlement of the dispute or conflict.
2.
Services
Services represent technology platform to allow users to mobile applications or websites in the framework of services (of which uber made available each of you will known as the " ") procurement application separately transport services or logistics in providing such services independent external service provider, including in independent service providers providing transport services and independent external external service provider under an agreement concluded with logistical services uber or affiliates (hereinafter " uber referred to external service providers ').
If has not been established, in the form of a specific written agreement, otherwise uber services shall be available only for personal non-commercial use.
User acknowledges that uber does not provide transport services or logistical services nor is operator and all the transport services or logistical are provided by independent external contractors who are not employed by uber or one of her associates.
License.
Provided the user of this regulation, grants,, limited to the user uber and license without the right niewyłączną odwołalną nieprzenoszalną for: (and the award of further licence) to obtain access to the application and the use of them in their own the only in connection with the use of services; and (ii) to obtain access and the use of any content, information and related material, which may be made available via the services in solely on private non-commercial purposes of the user.
All rights, which has not been granted clearly in these rules are reserved for uber and its licencjodawców.
Restrictions.
Is prohibited: (i) disposal of any part of the services of any information of protection of copyright, the trade mark or other information on the reservation; (ii) duplication, protection, on the basis of subsidiaries compilation of tracks to modify, dissemination, licensing, rental, sell,, handling, public presentation, public odsprzedawania playlist, transmit,, or other services, the use of broadcasting strumieniowania except to the extent permitted by uber; (iii) clearly, reproducing source code and the breakdown of services dekompilowania factors, except in cases in which the component that is permitted by the laws in force; (iv) publishing links to, and publication in any part of the service boxes mirrorowania; (v) the feeding to launch and starting any programs and scripts to extraction technique,, testing or any scrapingu indexing generation technologies data mining) from any part of the services as well as excessive charging or action or to restrict any aspect of services discourage the functionality; or (vi) attempts to obtain unauthorised access or reduce any aspect of related services or systems or networks.
The provision of services.
User acknowledges that certain services can be provided under different brands uber or at the request as optional services related to transport logistics or, including the brands of transport services at the request of covering now, " " brand " uber, " ", " " uberpop uberx, " ", " " uberxl Uberblack, " ", " " Ubersuv Uberberline ', " " and " Ubervan Uberexec " as well as logistical services brand Uberlux ", " " " and " Uberrush Uberfresh. " Ubereats
User notes that the services can be made available in such brands or as part of such option by or at the request of, in conjunction with: (i) some of the subsidiaries and associates uber; or (ii) independent external service providers, including drivers transport firms, holders of licences for the provision of transport services or similar authorisations, licences or consent to the provision of such services.
Services and content of the external service provider.
Services may be made available, or may be obtained access to them in connection with the services or third parties (including the content of advertising content) over which does not exercise control. uber
User acknowledges that in the case of the use of such services and the content of the third parties may apply other rules and privacy.
Uber does not support this type of service, nor the third parties and in any case, it will not be held responsible in connection with the uber any goods or services of this kind of third parties.
In addition, the apple inc.,
Google, inc.,
Microsoft corporation or a blackberry or their associates and limited relevant international subsidiaries will not party to this agreement, in the case of beneficiaries when the user will obtain access to services using applications developed on mobile devices operating respectively under control systems apple ios, android, microsoft windows or a blackberry.
Such beneficiaries external are not parties to this agreement and not assume any liability for the supply of and support services.
Obtained user access to services with the use of this type of equipment is governed by set out in the respective regulations of beneficiaries outside.
Property.
Services and all the rights associated with them are and will remain the property of the uber or owned by licencjodawców uber.
Or these rules, or use by the user of the services does not grant any rights: (i) to user services or of rights in connection with them, with the exception granted limited licence; or (ii) above to benefit nor refer in any way to names logo, the names of products and services, trade marks, service marks uber or licencjodawców uber.
3.
Use user services
User accounts.
To qualify for most aspects of services, register and an active personal użytkownikmusi user account services (hereinafter " account ").
In order to be account, the operator must have at least 18 years of age or be aged deemed in a legal system (age pełnoletniości if this is the age of other than 18 years).
Registration presumes that the accounts referred to personal data, such as the name of the uber, name, address, mobile phone number and age, as well as the term of at least one normal methods of payment (credit card or accepted partner operating payments).
User undertakes that data recorded in his account will be reliable, complete and current.
Failure to comply with the obligation to provide is accurate, complete and up-to-date data, including registration of an incorrect method of payment accounts or its termination, may prevent access to services and the use of them or cause cancellation those conditions by uber.
User responsible for all activities through its accounts, as well as undertakes always safeguarded and kept secret username and password to accounts.
Unless uber will not other option in writing, the user can have only one account.
User requirements and conduct.
Service is not available for persons under the age of 18 years.
User must not be allowed to third parties on the use of his account, as well as he can not be allowed to people aged below 18 years for the use of transport services or logistical rendered by service providers external unless this is happening in the company of the user.
User must not be allowed to dispose of or otherwise transfer its account for any other person or entity.
User undertakes to comply with all the provisions of the laws in force in the use of services and may use the services only for purposes in line with the law (e.g.
Prohibited is transport illegal or dangerous materials).
Under using services user must not be, disturbed or cause discomfort impede the damage to property, both outsourced, as well as other third parties.
In some cases, in order to gain access to the services or benefit from them, you may be asked to show id and agrees that in the event of the presentation of an identity card may not get access to services and may not be able to use them.
Text messages.
Creating account user agrees to receive information text messages (sms) sent by services under normal business activities involving the use of its services.
User may at any time withdraw approval to receive text messages (sms) from sending electronic message for e-mail address support uber @, indicating in it, that no uber.com wants more receive such news and giving mobile device for which telephone number shall be sent messages.
User acknowledges that the withdrawal of consent to receive text messages (sms) may affect the exercise of its services.
Codes promotion.
Uber may, at their sole discretion, promotion, which can be used to create the account balances or exchanged for other functions doładowywania or benefits associated with the service or services provided by the external service provider, subject to any additional provisions that may be introduced with regard to specific codes uber promotion (hereinafter " the codes promotion ").
User agrees that codes promotional: (i) must be used by the target group, for which they are destined, as well as laid down for them to and in accordance with law; (ii) can not be reproduced, sold or transferred in any way, nor made generally available (published in a publicly accessible or in any other way), unless by explicit agreement; (iii) may be uber invalidated by uber for any reason, without incurring any responsibility; (iv) by uber may only be used in accordance with the specific provisions laid down by for such codes uber promotional; (v) are not subject to exchange for cash; and (vi) may expire before being used by the user.
Uber reserves the right to suspend or deduction of the balance or other functions or benefits obtained through the use of codes promotion by the user or any other user where uber or considers that the use or carry out finds code was a mistake, fraud, publicity illegal activity or infringements of the provisions in force in respect of the code publicity or in these rules.
Content published by the user.
Uber may, at their sole discretion, periodically allow users to sending, issuing or making available in another uber wgrywanie way through service content and text information, sound or visual, including comments and feedback on services, filing technical support and applications in competitions and operation (hereinafter " user "). content
All content user made available by his property. the user remain
Nevertheless by content user user grants worldwide in force uber uber,, irrevocable, free from bezterminowej przenoszalnej, with the right to provide further royalties licence, to use, copying, licence, production, distribution, modifying works subsidiaries, public and other public presentation the use of such content of user playing in all formats and in all channels currently known or drawn up in the future (dissemination of including in connection with the services and activities, as well as in institutions and services uber third parties), did not require additional notification or obtain consent of the user, as well as without payment of user or any other person or entity of any amounts.
User declares and guarantees that: (i) is the sole and exclusive owner of all the content has all the rights, licences, or the user consent and necessary in order to grant licences of uber as described above; and the content of the user (ii), nor the user, or sending, publishing or other communication of such wgrywanie content user nor permitted under this agreement, the use of content will not constitute an infringement of or by the user uber misused the intellectual property rights or property rights of another person, nor the right to privacy, as well as the protection of the image or will not distort any provisions of applicable law.
User undertakes not to content, which would be minorities, had a user defamation or hate speech, include content has violence, obscene content, illegal pornographic or otherwise offensive, what will decide at his sole discretion, uber irrespective of whether such materials are subject to legal protection.
Uber maybe, but will not be required, to verify, monitored or remove user at the sole discretion of content and at any time and uber for any reason, without the need to inform the user.
Access to the network and equipment.
User is required to provide access to the network sufficient for the use of services.
Mobile phone network may charge fees for the transmission of data or text messages in the case of accessing services or benefit from them through devices operating wireless transmission, it is incumbent user is that type of toll cover.
User is required to obtain and update in equipment or devices necessary to obtain access to services and applications and the use of them, which also includes any updates.
Uber does not ensure that services or any part of them will work on any specific equipment or equipment.
Besides can also be defects or delays in the framework of the inherent in the use of the internet and electronic means.
4.
Payments
User understands that the use of services may lead to billing for services or goods obtained from an external service provider (hereinafter " charges ").
After receipt of the services or goods resulting from the exercise of service, will regulate the relevant charges on behalf of the uber the external service provider, in my current capacity toll agent to a limited extent, on behalf of the external service provider.
Regulate charges in this way will be tantamount to by the fee directly to the external service provider.
Amount of the fee will include the taxes arising from the rules applicable law.
Fees by user are final and unless uber indicates otherwise waived.
User retains the right to request that the reduction in the fee charged by the external service provider in respect of services or goods received by the user from this type of the external service provider upon receipt of such services or goods.
Uber will respond to each submitted by the external service provider appropriate application for a modification of fees for a particular service or product.
All levy shall be due immediately, and will allow payments using the preferred method uber payments indicated user account and then send user e-mail confirmation of payments.
If the user account for main method, it will be invalid or payments will expire for other reasons can not be used, user as agent toll authorises uber to a limited extent for a service provider external, to benefit from a possibly user account of an alternative method indicated payments.
In relations between the uber and user reserves the right to establish, remove or uber changes fees for all services or goods obtained through the use of services and with the law of that may benefit at any time and at uber fit.
In addition, the user acknowledges and agrees that the charges applicable in certain areas could increase considerably in periods of increased demand.
Uber reasonable efforts to inform the user of the will of charged, provided that the user charges or undertakes to cover fees earned on his account irrespective of whether he was aware of such a charge calculation or her highness.
Uber may from time to time make available certain users offers or discounts, which may cause to promotional differences in amounts charged for the same or similar services or goods obtained through the use of services and the user agrees that such offers promotional and if it is not his also available discounts, do not have any impact on the exercise of its services or the charged him charges.
User may cancel his contract for services or goods from the external service provider at any time before the arrival of this kind, the external service provider in which case it may be charged fee waiver.
This structure of payments is to ensure the full pay for the external service provider services provided or delivered goods.
Except taksówkarskich transport services through the application, does not receive uber ordered any part of the contributed by the user payments to tip or allowance for the external service provider.
Any claim made by the (on the website, in uber application or in marketing material uber uber) indicating that tipping is ", " " voluntary " or " included " in the optional amount of the payments charged for services provided or does not suggest that the goods supplied additional amount over pays the external service provider uber indicated above.
User understands and agrees with the fact that, although is free to pay the tip on his behalf services or the external service provider providing supplying goods in the service is not him to that in no way obliged.
Tips are voluntary.
After benefiting from services or withdraw reached in the commodity you can assess their impression of services and leave an additional feedback on the the external service provider.
Fees for the repair or cleaning.
User is required to cover the costs of removal of damage or the cleaning of the vehicle and its property, the external service provider that emerged from the use of services within the framework of a user account in so far as they exceed damage and cleaning resulting from " normal consumption ' (hereinafter " repair or ".) cleaning
Where raises the need to carry out the repair or cleaning the external service provider and an application for this kind of repair or cleaning will be reviewed by based on the reasoned indication uber uber reserves the right to complete payment of reasonable such repairs or cleaning, on behalf of, the external service provider using the method indicated by the user on his account. payments
Such amounts will be transferred by the external service provider and not on behalf of relevant uber must be reimbursed.
5.
Disclaimer, the limitation of liability, the exemption of responsibility.
Disclaimer.
These services are offered in their current state, according to the availability.
Uber excludes any statements and guarantees given directly, or resulting from the law, if the implicit are not directly expressed in this regulation, including the implicit guarantees commercial suitability suitability for any purpose and the absence of any infringement of any rights.
Uber shall not any statements, in addition to that does not give any guarantees for reliability, warranty and punctuality, quality, regularity or availability of services or any goods or services ordered via the services, as well as in relation to the continuous access to the services or the absence of any errors in the services.
Uber does not guarantee the quality, relevance, safety or skills external service provider.
User agrees that has all the risks arising from the use of its services and any services or goods ordered in connection with them, in the maximum permitted under the rules of the applicable law.
The limitation of liability.
Uber shall not be liable for indirect incidental, special examples, criminal or performance, including for damages and compensation lost profits, data loss, damage to health or damage to property related to, arising in connection with or otherwise resulting from any use of services, even if were informed about the possibility of this kind of damages. bear the uber
Uber will not bear any liability arising from any compensation, liability or losses resulting from: (i) the use by the user of services or rely by them in, or absence of services the possibility of accessing services or use of them; or (ii) any transaction or relationship between the operator and any an external service provider even if were informed about the possibility of this kind of damages. bear the uber
Uber will not bear the responsibility for delays or non-performance, for reasons beyond reasonable control. the scope of the uber
User acknowledges that external contractors providing transport services ordered via certain brands intermediary may offer services sharing of means of transport or the transport services provided directly and can not have a licence or professional licences.
In any case, total responsibilities in relation to the user in connection with the uber services and for any loss, damage and causes of action will not exceed eur 500 (500 euro).
User may use the services for ordering and transport UMAWIANIA uber goods or services in an external service provider and user logistical acknowledges that uber does not bear any responsibility towards the user in connection with any transport services or logistics supply of goods carried out by the external service provider, in addition to the scope of the specified in the regulation clearly.
Disclaimer constraints and referred to in this paragraph 5 are not intended to limit the liability or change the rights to the consumer, which can not be excluded as a user in accordance with the applicable law.
Exemption from liability.
User undertakes to slow down and members of its board members, uber, staff and representatives from responsibility for answering any claims, demands, commitments and expenditure (including losses, legal costs) arising from or in connection with: (i) the use of services and / or services by the user or goods obtained through services; (ii) breach by the user of any of the provisions of this regulation; (iii) use by uber provided by the user; or (iv) the content of the user user rights in violation of any third party, including the external service provider.
6.
Applicable law; arbitration.
Providing otherwise subject to the provisions, these conditions are subject to solely by the law and will be interpreted in accordance with the law of the netherlands, excluding the rules on conflict-of-law rules.
This regulation shall not apply to the provisions of the un convention on the international sale of goods from 1980 agreements (
Convention on the international sale of goods, CISG).
Any disputes conflicts, claims or divergent views resulting from services or of these conditions or to any relationship with them, including, in particular, disputes concerning the validity of the agreement, its interpretation or feasibility (hereinafter " "), will be addressed first compulsorily disputes on the road to arbitration in accordance with the international chamber of commerce of the amicable settlement of disputes (international chamber of commerce mediation rules, " rules "). the icc mediation
If the dispute resolved not within 60 (sixty) days after its application for resolving their differences amicably in accordance with the aforementioned principles mediation, such dispute shall be exclusively and ultimately icc settled by arbitration tribunal in accordance with the referral international chamber of commerce (" the arbitration icc ').
Arbitration urgently on the provisions of the icc shall not apply.
Dispute resolved by 1 (one) designated in accordance with the icc arbitrator.
Place mediation and arbitration will be both amsterdam, without prejudice to any rights of user under article 18 "
Of brussels and bis (
Office.
Eu L351/1 2012) or article 6:236n civil code dutch.
Language mediation or arbitration will be english, unless the user doesn't speak english, in which case mediation or arbitration will be carried out both in english and in the national language of the user.
The initiation and conduct of the procedure and mediation, including documents and of arbitration submitted by parties, correspondence with the international chamber of commerce, correspondence with mediator and correspondence, orders and judgments issued by the sole arbitrator will remain strictly confidential and will not be disclosed to any third person without the express written approval of the other party, unless: (i) the disclosure to third parties is justified the necessary in the context of mediation or arbitration; and (ii) a third person who undertakes unconditionally in writing to the compliance with the obligation in this agreement commitment to confidentiality.
7.
Other provisions
Claims alleging infringement of copyright.
Claims alleging infringement of copyright law must be made appointed representative uber.
Address of the tied and additional information can be found on the website of the uber at https: / / www.uber.com / legal.
Notification.
Company uber may send notification in the form of general notification in services by sending a message on the e-mail address user data recorded in or on application in writing account via traditional mail to the address of the user data recorded in the account.
User can sent via traditional mail to the address of the uber uber: Mr.
Treublaan 1097 7, dp amsterdam, the netherlands.
General provisions.
User has no right to move the rights or obligations arising from this regulation in its entirety or in part without the prior written consent uber.
User gives consent to transfer of rights and obligations arising uber of this regulation in whole or in part to: (i) an associate or a subsidiary; (ii) the transferee shares, her company or assets; or uber (iii) a successor on by means of mergers.
By agreement between uber and, as well as through the use of a user of services between user uber or any an external service provider does not arise ratio joint venture, ratio, the employment ratio or partnership representation.
If any of the provisions of this regulation will be considered unlawful and void or in whole or in part, not feasible under any of the provisions of the law of this type of order or part of it is in this respect, deemed not part of this regulation, and this is without prejudice to compliance with the law, validity and feasibility of other provisions of this regulation.
In such cases, the unlawful and void or impracticable replace provision or part thereof or part of the provision, which will be in line by order of law, important and which, in feasible and the greatest possible extent, will have a similar effect what illegal invalid or order or part of the provisions, taking into account the content of the impracticable and the objective of this regulation.
This regulation constitutes the agreement and the agreement concluded between the parties in relation to its object and replaces and also prevails in all previous or contained in parallel agreements or arrangements concerning its subject matter.
In these rules, " of which ' and forms of wording, the words " include ' means " including, in particular. "
Web.archive.org https: / / / web / 20200308083549 / https: / / www.uber.com / legal / en / document /? name = general-terms-of-use & country = poland & lang = en