Momentum Card Terms
The Digital Momentum Membership Card (the “Card”) is issued by Uber Pacific VOF (“Uber”), an unlimited partnership established in The Netherlands, having its offices at Vijzelstraat 68, 1017 HL, Amsterdam, The Netherlands, registered at the Amsterdam Chamber of Commerce under number 64787850 (represented by its solely authorized partner Uber Pacific Holdings B.V.). Use of the Card will constitute acceptance of these terms and conditions. Please read these terms and conditions carefully and print a copy for your records.
The Card enables Uber driver-partners, who are independent contractors, registered to use the mobile application in Australia (“Uber App”) and who are in continuing compliance with the terms and conditions for using the Uber App (“driver-partners”), to be eligible to receive certain discounted products and services provided by third parties (“Momentum Partners”) when presenting the Card to a Momentum Partner. The “Momentum Programme” means the programme of discounts of products and services as further detailed on the following website: https://uber-movement.squarespace.com/momentum-aus (the “Site”).
The issuance and subsequent use of the Card shall not, in anyway, be deemed to establish any employment, partnership or agent-principal relationship between Uber and the relevant driver-partner.
The Card is not transferable. The Card is eligible for use only by the driver-partner who has been issued with such Card (the “Cardholder”). The practice of a Cardholder who provides their Card to another person(s), or a driver-partner who uses the Card of another Cardholder is strictly prohibited and may result in Uber-App account deactivation for both parties. If Uber suspects misuse of the Card, it may be suspended or terminated. Uber may cancel the Card at any time, without notice and without liability to Uber.
To obtain and maintain a Card, a driver-partner must meet the eligibility requirements determined by Uber in its sole discretion, including but not limited to eligibility requirements to access the Momentum Partner Rewards Program (the “Program”). Each driver-partner is eligible to hold only one Card.
The Card is not a debit, credit or charge card and shall not be deemed to have any cash value. Uber shall, in no way, be deemed to have any responsibility or liability whatsoever for any loss or damage suffered by the driver-partner in connection with his or her use of the Card.
Cardholder is solely responsible for all interactions with third parties.
Discounted products and services offered in connection with the Card are subject to change at any time and without notice. Uber does not guarantee that any discounted services displayed on the Site are available or valid at any particular time and under no circumstances shall Uber be liable for the failure of any Momentum Partner to provide discounted services as displayed on the Site or apply any discount to the price of the products or services provided by the Momentum Partner. Availability and validity is at the discretion of the Momentum Partner offering the discounted services and subject to any terms referenced by such Momentum Partner. Uber reserves in all cases the right to remove or vary the discounted services.
Uber shall, in no way, be deemed to be endorsing any products or services offered by any Momentum Partner nor shall Uber be deemed to be making any express or implied warranties and representations about the products and services provided by any Momentum Partner. Any products and services provided by Momentum Partners to you shall be subject to a contract solely between you and the relevant Momentum Partner only.
Cardholder understands that Uber may receive anonymised data regarding Cardholder's use of the Card. This may include time and date of attendance at a Momentum Partner, purchasing information, and other information determined by Uber from time to time.
These terms and conditions are governed by the laws of the Netherlands. The parties agree that Cardholder hereby consents to the exclusive jurisdiction and venue in the District Court of Amsterdam, which shall have exclusive jurisdiction to determine all disputes surrounding these terms and conditions.
June 2016 Copyright