Conditions of Use
To the maximum extent permitted by law, we may modify these Terms at any time at our sole discretion, and such modifications shall be effective immediately upon posting of the modified Terms.
You agree to review the Terms periodically to be aware of such modifications and your continued access to or use of the Site shall be deemed your conclusive acceptance of any modified Terms. The term(s) “we”, “our” and “us” includes all members, subsidiaries, affiliates and other related corporations of Uber (collectively “Related Corporations” and each a “Related Corporation”), their respective subsidiaries and affiliates, as well as their successors and assigns.
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend access to the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users who have registered with Uber.
1. Registration, Password, Security and Cookies
If any portion of the Site requires you to register or open an account, or to fill in any form(s) you must provide us with accurate, complete and updated registration information.
You may also be asked to choose a login name and a password, or use existing login name and password credentials with Uber. Please select a password that would not be obvious to someone trying to guess your password.
You shall not disclose to any person your password and shall not permit or authorize any person to use your login name or password for any purpose whatsoever. Uber may treat any access to or use of the Site at any time by the use of your login name and password as access to or use of the Site by you, notwithstanding that it may have been used by any other person without your knowledge or authority.
Upon learning that any person has acquired knowledge of your password or has used your password to access or use the Site or effect any transaction (whether with or without your knowledge and consent), you shall
a. immediately notify Uber thereof;
b. at Uber’s request, make a police report thereof;
c. provide Uber with any other information relating thereto as Uber may
d. immediately change the password.
Uber takes certain industry-accepted precautions to secure the Site or portions thereof. However, you agree that such precautions do not guarantee that use of the Site is invulnerable to all security breaches, nor does Uber make any warranty, guarantee, or representation that use of the Site is protected from all viruses, worms, Trojan horses, and other vulnerabilities.
During your use of the Site, we may issue to and request from your computer blocks of data known as “cookies” to enable more convenient browsing when you revisit the Site. A cookie is a type of data which is sent from the Site to your Internet browser software, and is stored on your computer. Storing cookies does not have any adverse effect on your computer. You must not alter any cookies sent to your computer from the Site and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Site.
When you access the Site, we may collect the following information:
• Anonymous web statistics collected as you browse the Site; and
• Personal information you knowingly provide us.
We may use your personal information for planning, research, design and marketing of services, rendering assistance to law enforcement, government or regulatory agencies, or complying with any applicable laws or any order of court.
Any information disclosed in the public areas of the Site (such as on any message boards and forums that may be created now or in the future) of its nature becomes public information. You should exercise caution when disclosing your personal information in this way.
3. Content and Related User Conduct
You understand that you are responsible for any content that you post or transmit on or through the Site.
You agree not to cause, nor knowingly allow others to cause, any nuisance, annoyance, or inconvenience, whether to Uber or any of its customers or users of the Site by any means.
You agree to use the Site in a manner consistent with all applicable laws and regulations.
Specifically, you will not use the Site to post, transmit, distribute, link to, or solicit content that:
• contains any advertising and promotional message;
• violates or infringes any laws, regulatory requirements or codes applicable in the Philippines;
• infringes or violates any copyright, trademark or any other intellectual property, personal or proprietary rights of any person, or violates any obligation of confidence or any other proprietary right;
• contains any obscene, offensive, defamatory or otherwise actionable material or is in any way adverse to the commercial business interests of Uber;
• undermines the security or integrity of the Site, including without limitation by importing any viruses, Trojan horses, time bombs or other disabling devices intended to detrimentally interfere, damage, surreptitiously intercept or expropriate such equipment, systems or networks;
• contains any errors, whether technical or otherwise; or
• contains any material in any form that would otherwise render Uber liable or expose Uber to any proceedings whatsoever.
You may not use any robot, spider, or other automatic or manual device or process to monitor or copy our web pages or any portion of the content contained herein without Uber’s express written permission.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, or to impose an unreasonable or disproportionately large load on the servers serving the Site.
Uber shall have the right (but not the obligation) in its sole discretion to monitor, refuse or remove any content that is available via the Site. Without limiting the foregoing, Uber shall have the right to remove any content that violates these Terms or is otherwise objectionable.
4. Content Posted Or Submitted To Uber
You agree to allow Uber to use, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to public areas of the Site (such as message boards, forums, member profiles, yellow pages, job folders or other features that allow users to post information that will be accessible by the public or the user population generally) by all means and in any media now known or hereafter developed. To the maximum extent permitted by law, you hereby irrevocably and unconditionally waive all moral rights that vest in you in connection with your authorship of the content submitted, wherever in the world enforceable. You also grant to Uber the right (though you acknowledge and agree that Uber shall not be so obliged) to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Uber for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
Except for any personal, individually identifying information which we have agreed to keep confidential, any feedback, data, answers, questions, comments, suggestions, plans, ideas or the like that you send to us via the Site, via email or otherwise, will be treated as being non-confidential and nonproprietary. We assume no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
5. Postings by Third Parties and Hyperlinks to Third Party Websites
This Site may now and/or in the future contain hyperlinks to other websites which are neither maintained nor controlled by Uber, or may contain content posted on or via the Site by third parties. Therefore, Uber shall not be responsible for any errors or omissions in any content in the Site, or the content, products or services of any hyperlinked website or any hyperlink contained in a hyperlinked web site, nor for the privacy and security practices employed by these other website, and shall not be liable for any loss or damage of any kind incurred as a result of the use of any content posted or contained in e-mails or otherwise transmitted or displayed via the Site, or arising from access to those websites. Use of the Site and any hyperlinks and access to such hyperlinked websites are entirely at your own risk.
You acknowledge that Uber has no control over and excludes all liability for any material on the Internet which can be accessed by using the Site. Neither can we be deemed to have endorsed the content.
6. Hyperlinks from Third Party Websites
You agree that caching, hyperlinking to, and framing of the Site or any of the contents are strictly prohibited.
Uber reserves all rights to disable any links to, or frames of any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.
You agree to indemnify, defend and hold harmless Uber, its Related Corporations, Uber's and all these corporations' directors, officers, employees, suppliers, licensors, agents, and any third party content providers (collectively, "Indemnified Parties" and each an "Indemnified Party"), from and against any losses, damages, claims, costs, expenses, demands, and actions, due to or arising out of your use of the Site, your access or connection to the Site, your violation of these Terms, or your violation of any rights of another. These obligations will survive any termination of your relationship with Uber or your use of the Site. Each Indemnified Party reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with Uber or the Indemnified Party in asserting any available defenses.
8. Disclaimer of Warranties
You expressly understand and agree that:
8.1 You assume total responsibility and risk for your use of the Site and the Internet. Uber does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site, any merchandise, products, information or services provided through or advertised on the Site or on the Internet generally, and Uber shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. The Site and any software made available on the Site are provided on an "as is, as available" basis.
8.2 Uber makes no warranty that (i) the Site will meet your requirements or will always be accessible, (ii) the Site will be uninterrupted, timely, secure, error-free or free from computer virus or other invasive or damaging code, (iii) the results that may be obtained from the use of the Site will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations, and (v) any errors in the Site will be corrected.
8.3 Any content downloaded, uploaded or otherwise obtained through the use of the Site is done at your own discretion and risk. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the Internet generally.
8.4 Uber does not itself offer or supply the products or services set forth in the Site. Uber shall, in no way, be deemed to be endorsing any products or services set forth in the Site offered by the third party suppliers of good and services detailed on the Site (“Momentum Programme Partners”) nor shall Uber be deemed to be making any express or implied warranties and representations about the products and services provided by Momentum Programme Partners. Any products and services provided by Momentum Programme Partners to you shall be subject to a contract solely between you and the relevant Momentum Programme Partner only.
9. Limitation of Liability
9.1 Uber does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the Site or other contents accessible from the Site. In no event shall Uber be liable for any incidental, consequential, direct, indirect or any losses or damages whatsoever (including, but not limited to, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings, or business interruption, or any other loss, whether in an action of contract, negligence or other tortious action), arising out of or in connection with the use of or inability to use the Site, delays, inaccuracies or errors in the information or in the transmission of the Site, or any information or transactions provided on or over the Site or downloaded or hyperlinked from the Site, or performance of the contents on this Site, even if Uber has been advised of the possibility of such damages.
If you are dissatisfied with any portion of the Site, or with any of the Terms, your sole and exclusive remedy is to discontinue using the Site.
9.2 Discounted products and services displayed on this website are for information purposes only and do not constitute advice.
9.3 Discounted products and services offered on the Site are subject to change at any time and without notice. Uber does not guarantee that any discounted services displayed on https://um-philippines.squarespace.com are available or valid at any particular time and under no circumstances shall Uber be liable for the failure of any third party discounted services as displayed on this website being applied. Availability and validity is at the discretion of the third party offering the discounted services and subject to any terms referenced by such third party. Uber reserves in all cases the right to remove or vary the discounted services. Links to third party websites are not the responsibility of Uber and Uber accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not endorse or accept any responsibility for the use of the products or services stated within such third party websites.
10. Intellectual Property Rights
Content (including, but not limited to, information, communications, software, images and sounds contained on or available through the Site) is provided by Uber and Momentum Programme Partners. The intellectual property rights to or over the contents contained in each Site belong to Uber or the Momentum Programme Partners. All rights are reserved. The contents of the Site cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written permission of Uber. Without prejudice to the foregoing, you agree that the material and content contained within or available through the Site may not be used for commercial purposes or distributed commercially. However, you may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others within your organisation to material posted on the Site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Your access to or use of the Site should not be construed as granting, by implication, estoppel or otherwise, any license or right to use the trademarks, tradenames, logos or service marks appearing on the Site without Uber’s prior written consent. You may not, without Uber’s prior written consent, use any of such trademarks, tradenames, logos or service marks as a hyperlink to the Site or any other website.
You may not modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operate the Site or create derivative works based on the Site. For purposes of these Terms, "reverse engineering" shall include the examination or analysis of the Site to determine the source code, structure, organization, internal design, algorithms or encryption devices of the Site’s underlying technology.
Your access to or use of the Site, as well as these Terms shall be governed by, and construed in accordance with the laws of the Philippines and any dispute shall be referred to and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (the “Rules”), which are deemed to be incorporated by reference. There shall be one arbitrator appointed jointly by Uber and you or failing which, shall be appointed in accordance with the Rules. The seat, or legal place, of arbitration shall be Manila, the Philippines. The language to be used in the arbitral proceedings shall be English. Judgment on any award may be entered in any court having jurisdiction thereover.
Uber’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
If any part of these Terms is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
These Terms are for the benefit of Uber, its members, subsidiaries, affiliates and Related Corporations, including their respective directors, officers, employees, suppliers, licensors, agents, and any third party content providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Uber is committed to ensuring that all content made available via this site is appropriate for our customers and not offensive.
If you have any concerns over the content available on this website, please contact us at firstname.lastname@example.org. We will endeavour to investigate all matters brought to our attention.
February 2016 Copyright.
Effective February 11th 2016
“Momentum Programme” means the driver-partner loyalty programme in the Philippines known as “Momentum” offered by Uber and its partners to eligible driver-partners and detailed further on the Site.
1. FOR WHAT PURPOSES DO WE PROCESS YOUR PERSONAL DATA?
1.1 TECHNICAL AND FUNCTIONAL MANAGEMENT OF THE WEBSITE AND APP
1.2 GENERATING MANAGEMENT INFORMATION AND STATISTICAL DATA
Uber uses your personal data in an anonymised and aggregated form to closely monitor which features of the Momentum Programme are used most, to analyze usage patterns and to determine where we should offer or focus the Momentum Programme products and services. We may share this information with third parties for industry analysis and statistics.
2. OUR DISCLOSURE OF YOUR INFORMATION
We may employ third party companies and individuals to facilitate or provide the Momentum Programme products and services, provide you with support, to perform Site-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Site's features) or to assist us in analyzing how our Site is used. These third parties have access to your personal information only to perform these tasks on our behalf and are contractually bound not to disclose or use it for any other purpose.
Uber will disclose your personal data to the extent that this is legally required, or necessary for the establishment, exercise or defence of legal claims and legal process; or in the event of an emergency pertaining to your health and/or safety.
3. YOUR RIGHTS
Where you are a registered user, you have the right to information regarding your personal account, including information that you've provided to us. You may at any time request correction or erasure of your personal data, and object to any processing of your personal data by emailing us at email@example.com. We will respond to your access and/or correction request within four weeks. You may also amend your personal details and withdraw any given consent.
We use technical, administrative and procedural measures in an attempt to safeguard your personal and other information from unauthorized access or use. No such measure is ever 100% effective though, so we do not guarantee that your personal and other information will be secure from theft, loss, or unauthorized access or use, and we make no representation as to the reasonableness, efficacy, or appropriateness of the measures we use to safeguard such information. Users are responsible for maintaining the secrecy of their own passwords. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us by contacting us at firstname.lastname@example.org.
The Site uses "cookies". A cookie is a small text file that we place on your computer or mobile device to enable various features of the Site. You can change your cookie settings to accept or not accept cookies in your browser settings.
THE WEBSITE USES THE FOLLOWING COOKIE CATEGORIES:
We may update this privacy statement to reflect changes to our information practices. We will notify you by means of a notice on the Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
8. CONTACT DETAILS
Attn: Data Controller
Uber Philippines B.V.
12/F Net One Center,
26th Cor., 3rd Ave, Crescent Parkwest,
Bonifacio Global City, Taguig City,
NOTIFICATION OF COPYRIGHT INFRINGEMENT:
Uber Philippines B.V. (“Uber”) respects the intellectual property rights of others and expects its users to do the same.
“Momentum Programme” means the driver-partner loyalty programme in Malaysia known as “Momentum” offered to eligible driver-partners and detailed further on the Sites (defined below).
It is Uber’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Intellectual Property Code of the Philippines (Republic Act No. 8293, as amended by Republic Act No. 10372), Uber will respond expeditiously to claims of copyright infringement committed using the Uber Momentum Programme website www.momentumph.com or mobile application relating to the Momentum Programme (the “Sites”) that are reported to Uber, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following Notice of Alleged Infringement and delivering it to Uber. Upon receipt of the Notice as described below, Uber will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.
NOTICE OF ALLEGED INFRINGEMENT (“NOTICE”)
1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Uber:
Uber Philippines B.V.
c/o 12/F Net One Center, 26th Cor., 3rd Ave, Crescent Parkwest, Bonifacio Global City, Taguig City, Manila, Philippines