Uber Dost - Malaysia TERMS OF USE

Last update: March 15, 2016
1. Contractual Relationship

These Terms of Use (“Terms”) constitute a legal agreement governing the access or use of the Uber Dost mobile application (the “Service”). These Terms are between you, an individual accessing or using the Service from within Malaysia (“you”), and Uber B.V. (“Uber”). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. In this Agreement, the words “including” and “include” mean “including, but not limited to.”
Your access and use of the Service constitutes your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. These Terms expressly supersede prior agreements or arrangements with you with respect to the Service. Uber may immediately terminate these Terms or the Service with respect to you, or generally cease offering or deny access to the Service or any portion thereof, at any time.
Uber may amend the Terms related to the Service from time to time. Amendments will be effective upon Uber’s posting of such updated Terms at this location or on the Service. Your continued access or use of the Service after such posting constitutes your consent to be bound by the Terms, as amended.
Uber’s Privacy Policy located at https://www.uber.com/legal/privacy/users/en applies to the use of the Service, and is made a part of these Terms by this reference, notwithstanding any contrary statements in the Privacy Policy.
2. The Service

License. Subject to your compliance with these Terms, Uber grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to access and use the Service on your personal device solely for your personal, noncommercial use. You agree not to use the Service for any other purpose. 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 Service; (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 Service except as expressly permitted by Uber; (iii) decompile, reverse engineer or disassemble the Service except as may be permitted by applicable law; (iv) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service; or (v) attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks.
Third-Party Service and Content. The Service may be made available or accessed in connection with third-party services and content (including advertising) that 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 responsible or liable for any products or services of such third party providers. Additionally, Apple Inc. and Google, Inc. will be a third-party beneficiary to this contract if you access the Service using Apple iOS or Android-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Service in any manner. Your access to the Service using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.
Ownership. The Service and all rights therein are and shall remain Uber’s property or the property of Uber’s licensors. Neither these Terms nor your use of the Service convey or grant to you any rights: (i) in or related to the Service except for the limited license granted above; or (ii) to use or reference in any manner Uber’s company names, logos, product and service names, trademarks or services marks or those of Uber’s licensor.
3. Your Use of the Service

User Accounts. In order to use most aspects of the service, you must register for and maintain an active personal user Service account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if older than 18), to obtain an Account. Account registration requires you to submit to Uber certain personal information, such as your name, address, email address, mobile phone number and age, as well as your banking information. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Service or Uber’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Uber in writing, you may only possess one Account.
User Requirements and Conduct. The Service is not available for use by persons under the age of 18 or the age of legal majority in your jurisdiction (if older than 18). You may not authorize third parties to use your Account, and you may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Service, and you may only use the Service for lawful purposes. In certain instances, Uber may require you to provide proof of identity to access or use the Service, and you agree that you may be denied access or use of the Service if you refuse to provide proof of identity. Through the Service, you may elect to share certain third party personally-identifiable information with Uber, including, without limitation, first and last name, email address, mailing address, and phone number (each of the foregoing, “Contact Information”). You hereby represent and warrant that (i) you have obtained the requisite consent required under applicable law directly from each individual of whom you are sharing Contact Information, and you have obtained consent for you to transmit the Contact Information to Uber from each individual whose Contact Information is being shared by you; (ii) you have any other rights, licenses, consents and releases required under applicable law to share Contact Information with Uber, including, without limitation, consents required under the Personal Data Protection Act 2010 and the Law of Torts; (iii) you will not share Contact Information of any individuals less than 18 years of age, or the legal age of majority in their jurisdiction if older than 18, (iv) your sharing of Contact Information will not infringe, misappropriate, or violate a third party’s proprietary rights, or rights of publicity or privacy, or obligations of confidentiality, or result in any violation of any applicable law or regulation, and (v) to the best of your knowledge, the Contact Information shall be accurate and not misleading. You will immediately inform Uber if any individual whose Contact information is shared by you withdraws his/her consent for Uber to use and/or process the Contact Information. You understand and agree that Uber may, in its sole discretion, terminate your access to the Service or withhold or cancel payment of any referral award amounts payable to you under these Terms in the event of (a) any actual or suspected fraudulent activity by you or in relation to your use of the Service, (b) any actual or suspected violation of applicable law by you or in relation to your use of the Service, or (c) any actual or suspected violation of these Terms. The Service is not intended for use while operating a vehicle.
User Provided Content. Uber may, in Uber’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Uber through the Service textual, audio, and/or visual content and information, including commentary and feedback related to the Service (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Uber, you grant Uber a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Service and Uber’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Uber the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Uber’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Uber in its sole discretion, whether or not such material may be protected by law. Uber may, but shall not be obligated to, review, monitor, or remove User Content, at 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 the data network access necessary to use the Service. Your mobile network’s data rates and fees may apply if you access or use the Service from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service and any updates thereto. Uber does not guarantee that the Service, or any portion thereof, will function on any particular hardware or devices. In addition, the Service may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Text Messaging. By creating an Account, you agree and consent that notwithstanding any registration you may have made with the National Do Not Call Registry/the National Customer Preference Register, or any similar registry, the Service may send you informational text (SMS) messages as part of the normal business operation of your use of the Service. You may opt-out of receiving text (SMS) messages from Uber at any time by texting the word STOP to [•] from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
4. Referral Award.

Through your use of the Service, you may be eligible to receive payment of a referral award from Uber for valid referrals of new drivers who partner with Uber in the Malaysia, subject to the terms and conditions set forth in the Service (which may include, without limitation, a minimum number of trips that the referred driver partner must complete within a maximum amount of time after the time of referral). Without limiting the foregoing, you will only be eligible to a referral award for driver partners who are new driver partners to the Uber platform and who were first referred to Uber by you through your valid use of the Service. You agree that Uber is not responsible for any referral award that is not paid to you due to your failure to provide and maintain accurate Account information, including, without limitation, accurate banking information.
5. Disclaimers; Limitation of Liability; Indemnity.

DISCLAIMER. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” UBER DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, UBER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE.
THIS DISCLAIMER DOES NOT ALTER YOUR RIGHTS AS A CONSUMER TO THE EXTENT NOT PERMITTED BY APPLICABLE LAW.
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 SERVICE, 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 YOUR USE OF OR RELIANCE ON THE SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE. UBER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND UBER’S REASONABLE CONTROL. IN NO EVENT SHALL UBER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED 100 EURO (EUR 100) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY.
THESE LIMITATIONS DO NOT PURPORT TO LIMIT LIABILITY 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 Service; (ii) your breach or violation of any of these Terms; (iii) your sharing of Contact Information with Uber; (iv) Uber’s use of Contact Information or User Content; or (v) your violation of the rights of any third party.
6. Dispute Resolution; Governing Law

These Terms are governed by and construed in accordance with the laws of the Netherlands, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Any dispute, conflict or controversy, howsoever arising out of or broadly in connection with or relating to these Terms, including but not limited to those relating to its validity, its construction or its enforceability, shall be first mandatorily submitted to settlement proceedings under the International Chamber of Commerce Amicable Dispute Resolution Rules (ICC ADR Rules). If the said dispute has not been settled within 60 days after a request for Amicable Dispute Resolution has been submitted under the said ICC ADR Rules, such dispute shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (ICC Arbitration Rules). The ICC Rules' Emergency Arbitrator provisions are excluded. The dispute shall be resolved by one arbitrator to be appointed in accordance with the ICC Rules. The place of arbitration shall be Amsterdam, The Netherlands. The language of the arbitration shall be English.  
7. Other Provisions

Notice. The Company may give notice by means of a general notice on the Service, electronic mail to your email address in your account (if you have created an account), or by written communication sent by pre-paid post or courier to your address listed in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by pre-paid post or courier) or 12 hours after sending (if sent by email). You may give notice to Uber, with such notice deemed given when received by Uber, at any time by first class mail, pre-paid post or courier to Uber, Attn: Uber Dost User Notices - Legal, Vijzelstraat 68, 1017 HL Amsterdam, The Netherlands.
General. You may not assign these Terms without Uber’s prior written approval. Uber may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Uber’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you or Uber as a result of these Terms or use of the Service. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Uber in writing.