# Violating Uber Contract Terms



## scrurbscrud (Sep 11, 2014)

How many drivers in your area fly 2 or 3 window insignia's for TNC? I have in the past myself. Til I read Uber's terms on this item:

"Additionally, *during the time you are actively signed into the Software, you shall not display on your vehicle any removable insignia provided by third-party transportation service providers, other lead generation providers, or similar."*

Imho this is an illegal requirement in many states. But there, nonetheless.

Just another cause for driver dissolution.

[By way of disclaimer, I am not an attorney, nor giving anyone legal advice.]

*Just READ THE FINE PRINT and what YOU agreed to!*


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## scrurbscrud (Sep 11, 2014)

Here's another contract violation gem that a very large percentage of TNC drivers engage in that applies in some, if not most states:

"you understand and acknowledge that, under (Xstate) law:
*IF THE VEHICLE THAT YOU PLAN TO USE TO PROVIDE TRANSPORTATION NETWORK COMPANY SERVICES FOR THE COMPANY HAS A LIEN AGAINST IT, YOU MUST NOTIFY THE LIENHOLDER THAT YOU WILL BE USING THE VEHICLE FOR TRANSPORTATION SERVICES THAT MAY VIOLATE THE TERMS OF YOUR CONTRACT WITH THE LIENHOLDER.*"

Percentage of drivers who are not complying? LARGE. Very large. Just guessing, but I doubt 1% have bothered to even read the fine print, yet alone comply.


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## chi1cabby (May 28, 2014)

scrurbscrud said:


> "Additionally, *during the time you are actively signed into the Software, you shall not display on your vehicle any removable insignia provided by third-party transportation service providers, other lead generation providers, or similar."*


What is the Date of this Partnership Agreement?
I'm looking at the Agreement...what page is this language on?


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## scrurbscrud (Sep 11, 2014)

You think Uber or your personal auto insurance carrier has your back as a driver on this item?

I can only laugh if you think so! Or maybe sympathize if a driver finds out the 'hard way.'

INDEMNIFICATION:
*By entering into this Agreement, you agree to defend, indemnify, protect and hold harmless the Company, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents, from any and all claims, demands, damages, suits, losses, liabilities, expenses (including attorneys' fees and costs), and causes of action arising directly or indirectly from out of or in connection with (a) your actions (or omissions) arising from the performance of services under this Agreement, including personal injury or death to any person* (including you and/or your employees (b) liability for civil and/or criminal conduct (e.g., assault, battery, fraud); (c) any liability arising from your failure to comply with the terms of this Agreement, including with respect to payment of wages, benefits or expenses due your employees, agents, or subcontractors; and (d) your use (or misuse) of the Software or Service."

Uber's got yer back you say? *

How bout you got Uber's back?*


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## scrurbscrud (Sep 11, 2014)

chi1cabby said:


> What is the Date of this Partnership Agreement?
> I'm looking at the Agreement...what page is this language on?


Pulled it from my partners agreement. It's probably a legal violation to even share their proprietary contract publicly.

If you have a partners agreement, you should be able to find it by running a simple pdf search. Let me know if you can't find it. On a bit of a fine print roll today. There's more I'd like to cite.


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## duggles (Aug 25, 2014)

chi1cabby said:


> What is the Date of this Partnership Agreement?
> I'm looking at the Agreement...what page is this language on?


When I read through the partner agreement this summer (dated June-ish most likely), I distinctly remember reading both of these. And like most drivers, disregarding them.

In fact, unless I'm doing an airport run, I don't post TNC signage in my vehicle. I know it's a risk with regards to the PUC and potential fines. However, I believe the greater risk is getting into a not at fault accident and the at-fault driver identifying me as rideshare and throwing a wrench into their liability with their insurance.


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## Berliner (Oct 29, 2014)

scrurbscrud said:


> Uber's got yer back you say? *
> *


It´s less dangerous than stay in front.


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## scrurbscrud (Sep 11, 2014)

All you drivers posting up your pay statements, internal emails, and other company information from Uber might want to take a closer look at what you agreed in writing NOT TO DO:
*
"Intellectual Property Ownership *

The Parties understand that to perform the services contemplated by this Agreement, it may be necessary for the Parties to exchange certain confidential and proprietary information regarding their operations, Users and other sensitive details that the Parties consider confidential. This confidential and proprietary information ("Confidential Information") includes, but is not limited
to, the following:

i. Company's Information. (1) the Service, and related methods, processes and technology; (2) pricing, pricing methods and billing practices; (3) marketing and financial plans; (4) letters, memoranda, agreements, and other internal documents; and (5)
financial or other information regarding the Company or Users that has not been disclosed to the public.

ii. Transportation Provider Information. (1) *your billing practices;* (2) your business proposals and bids and any related letters, memoranda, agreements, and *other internal documents maintained in confidence*; and (3) financial information regarding you that has not been disclosed to the public.

Except upon order of government authority having jurisdiction or upon written consent by the other party, *the Company and you covenant and agree that they will not disclose to third parties or use for their own benefit or the benefit of any third party, any Confidential Information* entrusted by the other party or Users in the performance of services pursuant to this Agreement."

How many posters here could Uber slam with a violation of contract suit? *Probably most of us.*


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## scrurbscrud (Sep 11, 2014)

duggles said:


> When I read through the partner agreement this summer (dated June-ish most likely), I distinctly remember reading both of these. And like most drivers, disregarding them.
> 
> In fact, unless I'm doing an airport run, I don't post TNC signage in my vehicle. I know it's a risk with regards to the PUC and potential fines. However, I believe the greater risk is getting into a not at fault accident and the at-fault driver identifying me as rideshare and throwing a wrench into their liability with their insurance.


If you think Uber's got your back on insurance, then this BUD, is for YOU:

*"Damage or Injury Claims

You shall be liable to the User for all claims of damage and/or injury to any User sustained while being transported by you. You agree to notify the Company of any damage or injury as soon as practicable after the damage or injury occurs. You understand that insurance may or may not provide coverage for damage or injury, or it may provide coverage for some, but not all, damage or injury.*

You agree to fully cooperate with the User and/or the Company to resolve injury or damage claims as quickly as possible. You further acknowledge that, in the event of damage or an insurance claim,the Company may inform your insurance provider, or the insurance provider of any other party involved, of the claim and provide information about your acceptance or performance of a Request at the time of the damage or incident underlying a claim.

*You agree that, in the event the Company is held liable for any injury or damage to any person caused by you, the Company shall have the right to recover such amount from you. Similarly, should the Company voluntarily elect to pay any amount owed to any person for damage or injury to that person caused by you or for which you are responsible and/or liable, the Company shall have the same right as the injured party to recover from you (i.e., the Company stands in the shoes of the injured party)."*

Uber's got yer back with their commercial insurance policy?

*Don't make me LAUGH!*


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## scrurbscrud (Sep 11, 2014)

Anybody sceered yet? You sure as hell have reason to fear.

After reading the Uber contract terms on DRIVER LIABILITY to Uber in case of a driver at fault accident in relationship to their supposed insurance, *it doesn't look like it's worth the toilet paper it's written on.*

They ain't insuring you for SHIT unless it's somebody else's fault. And even THEN, if you don't have a VALID POLICY is your insurance company going to go to bat and represent YOU against the other at fault driver (and their big insurance company lawyers) to collect? Don't bet your ride or your body on it! Good luck if you have to fund such a venture out of your own pocket. They'll eat you alive.


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## Berliner (Oct 29, 2014)

Here is a statement for the German uberPOP drivers, as yours uberX:

http://www.hr-online.de/website/rub...p?rubrik=36082&key=standard_document_52488277

Keywords are:

Drivers threatens ruin
Accident risk only by Uberdriver
No due process in cases of dispute
One type adhesion contract

AFAIK each country has the same contract, only translated in the specific language, and the jurisdiction changes. For whole Europe the jurisdiction is Amsterdam, NL.

It´s everywhere the same shit.


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## chi1cabby (May 28, 2014)

scrurbscrud said:


> Additionally, *during the time you are actively signed into the Software, you shall not display on your vehicle any removable insignia provided by third-party transportation service providers, other lead generation providers, or similar."*


I ran the pdf search.
That language had been stricken from Nov 2014 contract. It is present in June 2014 contract.


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## scrurbscrud (Sep 11, 2014)

chi1cabby said:


> I ran the pdf search.
> That language had been stricken from Nov 2014 contract. It is present in *June 2014 contract.*


*Only one I have.* If they have a new one it's not in my partner link. Is it possible we affirmed on updates what we never had access to read?

A lot of mods come across the phone only, with no opportunity to read the fine print later and nothing to access when agreeing to modified terms. Except the fare cuts of course.

Anybody else have this issue?


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## chi1cabby (May 28, 2014)

All updates to The Agreement are agreed to by Drivers by clicking "I Agree" on the Driver App, without being able to read the contract, in order to be allowed to log on to drive.
Some Drivers have the Nov. agreement, some have the June agreement on their dashboard. The Legal is updated on the Dashboard for some drivers, and Not for others.
You need to email Uber and ask for the latest partnership agreement.


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## scrurbscrud (Sep 11, 2014)

chi1cabby said:


> All updates to The Agreement are agreed to by Drivers by clicking "I Agree" on the Driver App, without being able to read the contract, in order to be allowed to log on to drive.
> Some Drivers have the Nov. agreement, some have the June agreement on their dashboard. The Legal is updated on the Dashboard for some drivers, and Not for others.
> You need to email Uber and ask for the latest partnership agreement.


If I thought any of the above was an issue for me OR I was driving more for them I would. Maybe later or wait for updates to come online.

IF you see any changes to other info I've posted, by all means correct. The opener wasn't the most critical piece of information. Started with easy stuff, progressed to the worst, imho.


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## duggles (Aug 25, 2014)

Indeed, my dashboard still only shows the June 2014 agreement. As well as the BYOD addendum and the latest fare schedule agreement.


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## Actionjax (Oct 6, 2014)

Mine is dated May 2014 for our services here in Canada and the one I agreed to. Unless we are presented with a newer one this is all I need to deal with.

Here is a copy.

One interesting point is we are told we need to wait 10 min before we cancel a ride. If we don't we are in breach of our agreement. Funny how some of the things we do are actually in breach and can see us terminated.

Guess Uber does terminate for good reason. We just don't read our contracts but it's there.


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## Berliner (Oct 29, 2014)

scrurbscrud said:


> Is it possible we affirmed on updates what we never had access to read?


Yes. And probably they will send you a new washing machine for $500 every week b\c you´ve accepted their terms & conditions blind.


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## scrurbscrud (Sep 11, 2014)

Actionjax said:


> Mine is dated May 2014 for our services here in Canada and the one I agreed to. Unless we are presented with a newer one this is all I need to deal with.
> 
> Here is a copy.
> 
> ...


Hardly if they've modified their actions to pay a cancel fee at the 5:01 min. mark after arrival/pax call.


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## chi1cabby (May 28, 2014)

scrurbscrud said:


> Maybe later or wait for updates to come online.


*Nov 2014 Partnership Agreement*
https://www.dropbox.com/s/rlp3o4oylh0zt4n/Partner Agreement November 10 2014.pdf

*June 2014 Agreement*
https://www.dropbox.com/s/a4cdx1omgjvsujp/Rasier Software Sublicense Agreement June 21 2014.pdf


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## ChrisInABQ (Oct 21, 2014)

scrurbscrud said:


> Here's another contract violation gem that a very large percentage of TNC drivers engage in that applies in some, if not most states:
> 
> "you understand and acknowledge that, under (Xstate) law:
> *IF THE VEHICLE THAT YOU PLAN TO USE TO PROVIDE TRANSPORTATION NETWORK COMPANY SERVICES FOR THE COMPANY HAS A LIEN AGAINST IT, YOU MUST NOTIFY THE LIENHOLDER THAT YOU WILL BE USING THE VEHICLE FOR TRANSPORTATION SERVICES THAT MAY VIOLATE THE TERMS OF YOUR CONTRACT WITH THE LIENHOLDER.*"
> ...


In my agreement, this is only for those operating in Colorado.


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## scrurbscrud (Sep 11, 2014)

ChrisInABQ said:


> In my agreement, this is only for those operating in Colorado.


Many lenders have such matters in their loan agreements. Some states have written disclosure mandated by state law, sometimes prompted by high incidents of violations that plug up the court systems with suits from lenders/borrowers. Double warnings to violators.


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## ChrisInABQ (Oct 21, 2014)

Actionjax said:


> Mine is dated May 2014 for our services here in Canada and the one I agreed to. Unless we are presented with a newer one this is all I need to deal with.
> 
> Here is a copy.
> 
> ...


A-Jax ~ I contacted Uber on this very statement in the agreement and both e-mails I received back said that 5 minutes is all that's required. After the first reply, I replied with the quote from my agreement of 10 minutes, and again they replied with 5 minutes. I know I get paid after 5 minutes, but guessing they could deny it at any time citing the 10 minute requirement in the agreement.


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## Actionjax (Oct 6, 2014)

ChrisInABQ said:


> A-Jax ~ I contacted Uber on this very statement in the agreement and both e-mails I received back said that 5 minutes is all that's required. After the first reply, I replied with the quote from my agreement of 10 minutes, and again they replied with 5 minutes. I know I get paid after 5 minutes, but guessing they could deny it at any time citing the 10 minute requirement in the agreement.


I think it's a fair request to get them to update their partner agreement or create an addendum.

I would say for now keep those emails. It's all that would hold up in arbitration. Of that's the stated reason for deactivation.


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## pierre andre (Mar 7, 2015)

Hello, can you upload the contract uberBLACK please ? thank you gentlemen


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## chi1cabby (May 28, 2014)

pierre andre said:


> Hello, can you upload the contract uberBLACK please ? thank you gentlemen


Please start a thread on the Licensed Sub Forum.
https://uberpeople.net/forums/Licensed/


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