Table of Content

Section Page #

Executive Summary 3

Key Recommendations 3

Introduction 4-7

Description and Explanation of clauses 7-25

Application of any legal principles (20) 26-35

covered in class
Recommendations 35-37

Problem Scenario 37-41

Bibliography 42
Executive Summary:

This report will analyze the Terms and Conditions of the service agreement policy for the service

of Uber, or other related services including all the elements associated with its usage subject to

Ontario law. The purpose of this report will be to explain all the application of all the legal

concepts covered in class to the term paper and propose recommendation regarding the legal

issues. The Terms and Condition are roughly eight pages long and are full of technical words

that the average person would not understand without further knowledge. For this reason, the

paper will also aim to better define the consequences and legal applications in the case of

someone violating the Terms of the contract.

Key Recommendations:

• Uber should put more effort towards informing their customers of the consequences when

violating the Terms and conditions.

• Uber should be more thorough in ensuring the customer is fully aware of the price they

are paying for the Service, especially in the case where the fare surge has been applied.

• Uber should add more barriers to their screening process that can reliably and fairly

distinguish the aptitude for driving.

• Uber should define the standards for what they believe an adequately clean car is.

• Uber should be proactive in creating provisions for self-driving cars.

Introduction:

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In a world where people are connected with one another almost constantly from anywhere in the

world, one’s image is almost constantly being monitored by someone. Whether it is a friend

recording you embarrassing yourself, or an old Facebook status that was posted years ago, the

way that people act and speak rarely go unnoticed. This statement is even more true when it

comes to the image of a company or organization, especially the larger ones like Uber. It only

takes one simple mistake to ruin the reputation of one of these companies and completely tarnish

whatever status they had in the business world. This is why it is essential to fully understand the

extent to which a person or organization is protected from legal liability in the case of an issue

arising.

The Terms and Conditions of a contract are the rules by which one must agree to abide in order

to use a service. Generally, most people see the Terms and Conditions of a contract and

immediately overlook them and assume that they will never affect their use of the Service.

Unfortunately, this is not the case for everyone as some consumers run into situations where the

clauses of the Terms affect their issue that they are experiencing with the Service. This paper

will be focusing on analyzing the Terms and Condition that all Canadian Uber customers must

agree to when signing up for the Service. The purpose of this paper is to extensively explain all

the legal aspects and find any ethical issues that are within Uber’s Terms and Conditions for

Canada.

Before diving into the Terms of Conditions, let’s take a quick look at the history of Uber and

how it became the company it is today. Uber is a transportation technology company that

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operates in over 600 cities worldwide. They have two main application, Uber (the transportation

and logistics app) and UberEats (the food transportation app). The company uses Third-Party

Providers as there means for getting the desired object or person from one location to the next.

This means that Uber deals with both the Third-Party Provider and the user in order to provide

their service. The use of the Third-Party Provider has made Uber subject to several different

forms of protests and legal actions. For this reason it is extremely important that Uber has clear

and extensive Terms and Conditions.

Before gaining access to the Service, the consumer is presented with the Terms and Conditions

of the contract. Majority of consumers are simply trying to gain access to the Service

immediately, so they disregard the Terms and simply agree without fully reading and

understanding what they are agreeing to. This paper aims to give a simpler explanation of the

Terms and to also find any ethical or legal issues. When looking at these Terms and Conditions

there are very common aspects that can be found in the Terms and Conditions of other contracts.

This isn’t surprising considering the purpose of these Terms are set out so that all parties

involved with the Service are protected.

This paper contains a full summary and explanation of every section of the Terms and

Conditions. Each section was extensively read and examined, and then fully summarized in the

section titled “description”. After the description section follows the application of all legal

principles learned in class and where these principles can be found in the agreement. Following

that is the recommendation which covers whatever lessons were learned through the completion

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of this paper. Lastly, the final section will be the application of the agreement with the problem

scenario that will be outlined throughout the paper.

In business, there are several examples of companies taking advantage of customers and

conducting their business unethically. These companies are able to find flaws in contracts and

legal loopholes in order to find different ways of protecting themselves from paying. Businesses

will do just about anything that has not been declared illegal in order to save money, destroy the

competition, and have the best service or product available. However, in certain cases the

government will intervene and declare or modify a policy that will prohibit set unethical action

by the business. While studying the Terms and conducting research on stories related to

scenarios such as this, a legal and ethical issue regarding a tool Uber produced for its drivers was

identified. The tool that Uber used is referred to as “Greyball” software and it was used to

identify and deny service to certain riders, particularly the ones Uber suspected of violating its

Terms. The Greyball software was also used to help their drivers evade local government

authorities in certain countries where the Service was not legitimized yet. This goes without

saying that this is extremely unethical and put Ubers reputation with local government

authorities at risk.

Uber developed the Greyball software to identify users of the app who Uber suspected of

improperly using its service. The software was said to be used as early as 2014. Uber claims that

the software can essentially hide the typical app view for riders, allowing Uber to show that rider

a different version (Isaac, M. 2017). It is said that Uber developed and used Greyball to deny

services to consumers who under suspicion of violating the Terms and Conditions of the service,

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such as people ruining the vehicle of the driver, harm the driver, etc. To Uber’s credit it is not

unfair to assume that some people are using the app for the intention of violating the Terms,

especially considering that Uber has almost completely destroyed its competition. Taxi drivers

have lost a considerable amount of business since the launching of Uber, as the company

essentially provides the same service as Taxi-Cab companies except Uber’s service is cheaper,

more efficient, and more reliable. There are multiple cases of taxi drivers displaying their

displeasure with Uber through protests, rallies, and sometimes even harmful acts directed

towards the Third-Party drivers. With that in mind it makes sense that Uber would develop a

software such as the Greyball software in order to protect their Third-Party drivers from any

unnecessary harm or conflict. This however does not give Uber the green light to use this

Greyball software to avoid local authorities.

This paper will look at the legal aspects of the Greyball software and where they land legally and

ethically in the eyes of Ontario law. To do this the Terms and Conditions of the service will be

assessed to see if there is any section that addresses scenarios such as the Greyball software. In

the sections that do address these scenarios we will analyze how Uber protect themselves and the

Third-Party Providers. It will be determined if this scenario is truly a legal issue or if it is simply

an ethical issue.

Description:

In this section, we will examine the specific clauses of the Terms that Uber users consent to once

they decided to use the app, and what each segment means. The Terms is divided into seven

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segments as followed; Contractual Relationships, The Services, Your Use of The Services,

Payment, Disclaimers; Limitation of Liability; Indemnity, Governing Law; Arbitration, and

Other Provisions. These clauses are usually glanced over at best, most people don’t even take the

time to read them and simply agree assuming they will not be placed in a situation where these

clauses will apply. It is typically these clauses in Termss where people struggle to understand

exactly what is being said when agreeing to the Terms through using the service. Often, these

sections have hidden meaning, subscripted text, and other means of deceiving individuals who

may not have been trained in examining complex legal documents. The overwhelming amount of

information that is presented to these users of the service deters them from becoming informed

and aware of what they are agreeing to by using the product.

Before being permitted to use the service offered by Uber, the user is presented with a contract

that they must agree to in order to be granted access to the service. The first line that people see

when looking at the Terms is “PLEASE READ THESE TERMS CAREFULLY BEFORE

ACCESSING OR USING THE SERVICES”. This is an extremely key part to the Terms as it

sets the tone for the users to be responsible for what they are agreeing to before using the service.

This is useful for Uber because should a user claim that they did not understand or read the

Terms before agreeing, their argument would become null as Uber has already instructed them to

ensure they understand the Terms. This makes sense seeing as how the Terms is made to protect

Uber from the customers trying to receive compensation if there is an issue that arises with the

service.

Contractual Relationship:

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This segment of the Terms states that if the user choses to use the service provided by Uber than

you are obliged to agreeing to the Terms that Uber has set out. If you do not agree to the Terms

than you are not permitted to using the service. This is a key part to the Terms as it allows Uber

to claim that you have agreed to the Terms through using the service. These Terms take the place

of any previous agreements or arrangements with you and Uber can terminate the Terms or any

service with respect to the user, at any time for any reason. This is to say that Uber is not obliged

to provide the service they offer and that it is a privilege for those who respect their Terms and

Conditions. The Terms that are provided in addition to what is already present can apply to

certain services, such as Events and Promotions. These Events can include any and all different

service options that are offered with relation to the original service. These additional Terms will

be fully disclosed to the user, meaning that the Terms will be available before the user decides

whether to use the service. The additional Terms will be deemed a part of the Terms for the

purpose of the applicable service and will have more power than the current Terms in the event

of a conflict between the two. Meaning that new Terms can be applied when Uber is offering a

different service than the commonly offered one such as Uber Eats, Uber XL, Uber Black, etc.

Uber may change the Terms related to the service from time to time when required. The changes

are made effective once Uber has sent out the updated Terms and Conditions. Once you use the

service after such changes have been posted then you are agreeing to the changed Terms. The

Terms states “Uber may provide to a claims processor or an insurer any necessary information

(including your contact information) if there is a complaint, dispute or conflict, which may

include an accident, involving you and a Third Party Provider (including a transportation

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network company driver) and such information or data is necessary to resolve the complaint,

dispute or conflict”. This is essentially saying that if an issue arises that Uber is obligated to

resolve than they may provide certain personal information that will help resolve set issue. For

example if the Uber driver were to get into an accident, than Uber would have no choice but to

disclose all the necessary information with regards to the accident to the police and the insurance

company.

The Services:

This segment of the Terms discusses what is provided with regards to their service and what they

are and aren’t able to control. This segment is split up into the subsections of License,

Restrictions, Provision of the Services, Third Party Services and Content, and Ownership. The

service offered is a technology platform that allows the users of Uber to arrange and schedule

transportation as well as logistics services with independent third party providers. These third-

party providers are held accountable under the agreement with Uber known as “Third Party

Providers”. One of the specific things that Uber states with regards to their service is that unless

otherwise agreed to by Uber, the service is made available for your own personal use and not for

commercial use. This segment of the Terms states “YOU ACKNOWLEDGE THAT UBER

DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION

AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR

LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY

CONTRACTORS WHO ARE NOT EMPLOYED BY UBER OR ANY OF ITS AFFILIATES”.

Meaning you are agreeing that Uber is not a transportation provider and that all transportation

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and logistics services are provided through third party contractors who are not affiliated with

Uber. This allows Uber to not be held to the same standards as transportation companies, such as

taxicab companies.

License:

This subsection states that if you are in agreement with these Terms, Uber allows the user a non-

exclusive, non-sublicensable, revocable, non-transferrable license to access and use the app on

their mobile device. As well as access to any information or materials that is made available

through the Services. The license is strictly for personal, non-commercial use, meaning they are

not offering the service to any companies that would gain revenue from the use of Uber’s

service. Lastly this subsection states that any rights not expressly granted herein are reserved by

Uber and Uber’s licensors.

Restrictions:

This subsection covers all the constraints that are associated with the Service. When using the

Service any of the current copyrights and trademarks are solidified with the service and cannot

be removed under any circumstances. You may not “reproduce, modify, prepare derivative

works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly

perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly

permitted by Uber”. This is to say that you may not breakdown the different functions that are

put together to form the Service, and you may not create a service that is similar to that of

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Uber’s. You cannot launch a program that will tamper with the use of the service or hinder the

ability of the service in any way. The Service is the property of Uber and you are not permitted

to gain unauthorized access or impair any aspect of the Services of its related systems or

network.

Provision of the Services:

This subsection covers all the other that portions of the Services that may be made available

under Uber’s various brands or request options associated with transportation or logistics. This is

including “the transportation request brands currently referred to as “Uber,” “uberPOP,”

“uberX,” “uberXL,” “UberBLACK,” “UberSUV,” “UberBERLINE,” “UberVAN,”

“UberEXEC,” and “UberLUX” and the logistics request brands currently referred to as

“UberRUSH,” “UberFRESH” and “UberEATS”.” This subsection also states that the Services

may be made available under such brands or request optinos. This include “(i) certain of Uber’s

subsidiaries and affiliates; or (ii) independent Third Party Providers, including transportation

network company drivers, transportation charter permit holders or holders of similar

transportation permits, authorizations or licenses”. This allows third party taxi companies to use

Uber’s system in order to gain more business, while still operating in their personally marked

cars as well as other subsidiaries.

Third Party Services and Content:

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This subsection states all the different clauses that the user is agreeing to with regards to the

Third-Party Services that is involved. It states that the service can be made available through the

connection of third party services and content that is in control of the respective Third Party. The

user is aware that there are other terms of use and privacy policies that may apply to your use of

Third party services and content. Uber is not responsible for the service and content provided by

Third party services and content. The companies Apple Inc., Google, Inc., Microsoft Corporation

or BlackBerry Limited are all companies that are beneficiaries of the service whenever provided

under their respective product. This is to say that if someone uses the Service on an Iphone, than

Apple would be receiving compensation for making the service accessible on their device. These

third party beneficiaries are not responsible for the upkeep and customer support and each third

party decides how much access you have to the service and the limit of usage of the service.

Ownership:

This subsection states that “the Services 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 Services

convey or grant to you any rights: (i) in or related to the Services 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 licensors”. This is essentially

saying in plain terms that the Service belongs to Uber.

Your Use of the Services:

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This segment of the Terms discusses what is provided with regards to the Service and what Uber

is unable to control. This segment is split up into the subsections of User Accounts, User

Requirement and Conduct, Text Messaging, Promotional Codes, User Provided Content, and

Network Access and Devices.

User Accounts:

This subsection discusses what Uber requires from the users to make an account. First and

foremost, in order to gain access to majority of the Service, Uber requires that you register and

maintain an active personal user account (Account). To make an Account Uber asks that you be

at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to

obtain an Account. This ensures that all users with an account are at the age where they are no

longer considered a minor and can be treated like an adult in the eyes of society. The registration

process requires you to give personal information to Uber, such as your name, address, mobile

phone number and age, as well as at least one valid payment method (this allows Uber to ensure

you are financially capable of paying for the service). Uber asks that you agree to maintain

accurate and up-to-date information in your Account. If the user is unable to meet set request

than it could result in the restriction of accessing the Services or Uber’s termination of these

Terms with the respected user. This is to say that if a user has an expired payment method on file

then they will be denied access to the service. Lastly the respected user is responsible for all

activity under their Account and agree to ensuring the security of the Account’s password and

username at all times.

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User Requirements and Conduct:

This subsection discusses what Uber requires from the user when using the Service. It begins by

stating that the Service is not available for any persons under the age of 18, and that the owner of

the account is not permitted to authorize third parties, or persons under the age of 18 to use of

their account, unless they are accompanied by the account owner. The owner of the account is

not permitted to transfer ownership to any other person or entity. The subsection later states that

the user agrees to comply with all applicable laws when using the Services, and that the user may

not use the Service for the transportation of unlawful or hazardous material. The user will not

cause nuisance, inconvenience or property damage to any party associated with the service. In

certain situation Uber may ask the user to provide proof of identity to access or use the Services,

and you agree that you may be denied access to or use of the Services if you refuse to provide

proof of identity.

Text Messaging:

This subsection states that when you create an Account, you agree that the Service may send you

SMS messages to resolve normal business operations of your use of the Service. Any user has

the ability of opting out of receiving SMS messages from Uber by following the instructions

found on the Uber website. By opting out, you acknowledge that this may impact your use of the

Service.

Promotional Codes:

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This subsection discusses the creation of promotional codes that are redeemable for Account

credit, or other benefits that are related to the Service. The subsection states all users agree that

Promo Codes: (i) must be used for the intended purpose in a lawful manner, (ii) may not be

transferred, sold, or duplicated in any manner, (iii) may be disabled by Uber at any time for any

reason, (iv) may only be used to the specific terms that Uber establishes for the respective Promo

Code, (v) are not valid for cash, and (vi) may expire prior to use. The subsection is topped off

with the statement “Uber reserves the right to withhold or deduct credits or other features or

benefits obtained through the use of Promo Codes by you or any other user in the event that Uber

determines or believes that the use or redemption of the Promo Code was in error, fraudulent,

illegal, or in violation of the applicable Promo Code terms or these Terms”. This statement

allows Uber to remove a Promo Code if used in a way that goes against what is lawful, fair, and

in violation of Promo Code Terms.

User Provided Content:

Uber may permit users from time to time to submit any information through the Services textual,

audio, and/or visual content. This included feedback and commentary related to the Service, the

use of support request, and any form of entries for competitions and promotions. By providing

User Content to Uber, you allow Uber a license to distribute, replicate, copy, publicly display

and otherwise exploit in any manner such User Content in all distribution channel, without

further notice or consent from the user and without the requirement of payment to you or any

other person or entity.

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This subsection states that the user is the representative and owner of all User Content or the user

has all rights, licenses, and consent to grant Uber the license to the User Content. Neither the

User Content nor your uploading, or otherwise making available of such User Content will

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. The subsection states “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”. This is to say that all User Content must be reasonable and refrain from obscene

information, and that Uber may but is not obliged, to review set User Content and decide what to

do with set User Content.

Network Access and Devices:

This subsection states that the user is responsible for obtaining the data network access necessary

to use the Service. When using the service the user’s mobile network data fees may apply if the

Service is accessed or used from a wireless-enabled device. The user is responsible for set rates

and fees that apply. The user is also responsible for acquiring and updating compatible hardware

or devices necessary to access and use the Services. Finally Uber does not guarantee that the

Services will function on any particular hardware or devices. In addition, the Services may be

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subject to malfunctions and delays inherent in the use of the Internet and electronic

communications.

Payment:

This segment of the Terms discusses the procedure of paying Uber and third-parties, for the

Service. The user is aware that the use of the Services may result in charges to you in proportion

to the service you receive from a Third-Party Provider. After receiving services or goods

obtained through the use of the Service, Uber will act as the middle man between payment from

the user and the receivables of the Third-Party Provider. This means that Uber will receive

payment from the user and then pay the applicable charges on behalf of the Third-Party Provider.

Payment of applicable charges in this manner will be the same as payment directly from the user

to the Third-Party Provider. All charges will have the appropriate applicable tax required by law.

These charges considered to be non-refundable, unless otherwise determined by Uber. The user

has the right to request lower charges from a Third-Party Provider at the time the user is

receiving such services or goods. Uber will respond accordingly to any request from a Third-

Party Provider to modify the Charges for a particular service or good.

Once the Service has been provided to the user all charges are due immediately and payment will

be facilitated by Uber using the defaulted payment method determined by the user’s Account,

after which an email receipt will be delivered to the user’s email which they provided. If the

defaulted payment method in the user’s account is determined to be expired, invalid, or

otherwise not able to be charged, the user agrees that Uber may, as the middle man between the

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user and the Third-Party Provider, use a secondary payment method if available in the user’s

account.

Uber reserves the right to establish, remove and/or revise Charges for any or all services or

goods obtained through the use of the Services at any time in Uber’s sole discretion. The user

also agrees that charges applicable in certain geographical areas that are experiencing a high

demand at the time may increase until demand drops. It is the responsibility of Uber to inform

users of Charges that will apply, provided that the user agrees to be responsible for Charges that

are obtained under the user’s Account regardless of if they are aware of such Charges. Uber may

from time to time provide certain users and geographical areas promotional offers and discounts

that can result in different amounts charged compared to the usual amount for the same service.

The user agrees that these promotional offers and discounts, unless currently being used by the

user, shall have no importance in regards to whether or not you will use the Service or the

Charges applied. You may cancel your request for services from a Third-Party-Provider at any

time prior to such Third-Party Provider’s arrival to the destination specified, in which case you

may be charged a cancellation fee if later than 5 minutes.

The payment structure that Uber has in place is meant to compensate, in full, Third-Party

Providers for the Service. Uber does not give any portion of the user’s payment as a tip or

gratuity to the Third-Party Provider, unless it is a taxicab transportation service requested

through the Service. Third-Party Providers do not receive any additional amount from Uber

beyond those described above. The user understands and agree that, you can provide additional

payment as a tip to any Third-Party Provider who provides you with the Service, however you

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are under no obligation to do so. Tips and gratuities are completely up to the user’s decision.

After you have received services or goods obtained through the Service, you will have the

opportunity to rate your experience and leave additional feedback about your Third-Party

Provider.

Repair or Cleaning Fees:

This subsection of the Terms discusses what the user is responsible if they cause damages to the

vehicle which require repair or cleaning. The user shall be responsible for the cost of repair for

damages and/or cleaning of the Third-Party Providers vehicle and property. This is only if it is a

result from the use of the Service under the respected user’s Account, and if the damage exceeds

the normal “wear and tear” damages or necessary cleaning standards set by Uber. In the instance

where a Third Party Provider reports the requirement for Repair and Cleaning, and such Repair

or Cleaning request is approved by Uber’s reasonable discretion, Uber will ensure that they

finance the payment for the cost of such Repair or Cleaning as a representative of the Third-Party

Provider using the designated payment method defaulted on the user’s Account. This payment

will be transferred by Uber to the applicable Third-Party Provider and are non-refundable.

Disclaimers; Limitation of Liability; Indemnity:

This segment discusses all the different legal liabilities and responsibilities between Uber, the

user, and the Third-Party Provider.

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DISCLAIMER:

The Services are provided “as is” and “as available.” The disclaimer states “Uber disclaims all

representations and warranties, express, implied or statutory, not expressly set out in these terms,

including the implied warranties or merchantability, fitness for a particular purpose and non-

infringement. In addition, Uber makes no representation, warranty, or guarantee regarding the

reliability, timeliness, quality, suitability or availability of the services or any services or goods

requested through the use of the Services, or that the service will be uninterrupted or error-free.”

The disclaimer also expresses that Uber does not confirm the quality, suitability, safety, or ability

of Third-Party Providers. The user agrees that all risks associated with the use of the Service

remains solely with the user to the maximum extent permitted under applicable law.

LIMITATION OF LIABILITY:

This subsection of the Terms begins with a statement written in all capitals stating “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 SERVICES, 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: (i)

YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS

OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN

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YOU AND ANY THIRD PARTY PROVIDER, EVEN IF UBER HAS BEEN ADVISED OF

THE POSSIBILITY OF SUCH DAMAGES”. This statement is essentially saying that Uber is

not responsible for any damages, lost profit, and damages related to the use of the Service. The

subsection continues to state that the user is aware that the Third-Party transportation providers

may offer ridesharing transportation and may not be professionally licensed or permitted. In no

case will Uber’s total liability to the user in connection with the Service for all damages and

losses exceed five hundred Euros. The Service may be used by the user to request transportation

or logistics services with the Third-Party Provider so long as the user agrees that Uber has no

liability related to any transportation or logistics services provided by the Third-Party Providers

other than what has been stated in these Terms. Lastly this subsection states “THE

LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT

LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE

EXCLUDED UNDER APPLICABLE LAW”. This can be interpreted as Uber saying that the

Limitations and Disclaimers in this section will not falsely limit liability or change your

consumer rights under applicable law.

Indemnity:

This subsection of the Terms discusses legal responsibility between Uber, the user, and Third-

Party Provider. The user agrees to secure Uber and its officers, directors, employee and agents

from any legal responsibilities such as claims, demands, losses, liabilities, and expenses. This is

only if it is in connection with the users use of the Service, their breach of any of the stated

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Terms, Uber’s use of your User Content, and/or the user’s violation of the rights of Third-Party

Providers.

Governing Law; Arbitration:

Unless otherwise stated in these Terms, these Terms shall be solely governed by you and

interpreted in accordance with the laws of The Netherlands, other than its rules on conflicts of

laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply.

Any issue, complaint, conflict arising out of connection with the Service or the Terms shall be

submitted to mandatory mediation proceedings under the International Chamber of Commerce

Mediation Rules (“ICC Mediation Rules”). If a dispute under ICC Mediation Rules has not been

handled with sixty days after a request for mediation has been submitted, the dispute will be

resolved through 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 will be remedied by a single arbitrator to be assigned in accordance with

the ICC Rules. The places that conduct both arbitration and mediation are Amsterdam, The

Netherlands, without prejudice to any rights you may have under Article 18 of the Brussels I bis

Regulation (OJ EU 2012 L351/1) and/or Article 6:236n of the Dutch Civil Code. When

performing the mediation and/or arbitration the language to be chosen shall be English, unless

the user does not speak English, in which case the mediation and/or arbitration shall be

performed in both English and the user’s native language. The information (documents and

briefs submitted by both parties, and orders and awards issued) and presence of the mediation

and arbitration proceedings will be kept in strictly confidential and will not be disclosed to any

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Third-Party. The only way one could gain this information is through the expressly written

consent from the other party unless the disclosure is required in the context of the mediation or

arbitration, and/or the Third-Party agrees unconditionally in writing to be bound by the

confidentiality obligation stipulated herein.

Other Provisions:

Claims of Copyright Infringement:

This subsection states that any claims of copyright infringement should be sent to Uber’s

designated agent. The company asks that you visit their web page

at https://www.uber.com/legal for the designated address and additional information.

Notice:

This subsection states that Uber may provide the user with a notice through a general notice on

the Services, electronic mail to the email address provided in the user’s Account, or by a written

letter sent to the user’s address provided in their Account. The user may give notice to Uber by

written communication to Uber's address at Vijzelstraat 68, 1017 HL, Amsterdam, The

Netherlands.

General:

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This subsection states that the user may not transfer or assign these Terms without Uber’s prior

written approval. The User consents to approving Uber for it to transfer or assign these Terms in

whole or part

You give your approval to Uber for it to assign or transfer these Terms in whole or in part,

including to: (i) a subsidiary or affiliate; (ii) an acquirer of Uber’s equity, business or assets; or

(iii) a successor by merger. No joint venture, partnership, employment or agency relationship

exists between you, Uber or any Third Party Provider as a result of the Terms between you and

Uber or use of the Services.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part,

under any law, such provision or part thereof shall to that extent be deemed not to form part of

these Terms but the legality, validity and enforceability of the other provisions in these Terms

shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable

provision or part thereof with a provision or part thereof that is legal, valid and enforceable and

that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable

provision or part thereof, given the contents and purpose of these Terms. These Terms constitute

the entire agreement and understanding of the parties with respect to its subject matter and

replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such

subject matter. In these Terms, the words “including” and “include” mean “including, but not

limited to.”

Legal Principles Discussed in Class:

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In Canada the body of law which governs the country is known as the common law system. The

common law system is a systematically organized collection of rules of legislation. This body of

law uses case law and legal precedent to reach conclusions regarding conflicts, disputes, or other

legal issues. There are general principles of law which are used to explain what the common law

is stating. These general principles evolve over time to cover all aspects of the law as more and

more cases manipulate and find loop holes.

In order to better understand how the Terms that Uber uses to protect themselves works, it is

crucial that the user understands what a legal principle is, and what that means in the common

law system.

In the Business Law class with Gilles Levasseur, we discussed several examples in class that

relate to many of the issues that have been discussed above. One of the main themes that was

covered in class is the concept of protecting one’s self from any and all legal liability. The legal

document provided by Uber is a great example of this concept. This concept is probably one of

the very first things a company would put in place before launching their Service. It is clear

when looking at the Terms that Uber is trying to protect themselves as the first thing when

reading the terms is “PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING

OR USING THE SERVICES”. This first statement of the Terms puts the onus on the user to

make sure that they did their duty to read through the Terms of the Service that is being

provided. This protects Uber from consumers claiming that they were not made aware of the

Terms and Conditions, and ensures that everyone is held accountable. This is an important aspect

for the Service to succeed, because if those working for Uber were not legally protected from

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any legal proceedings, fewer people would look at Uber for their choice of job. If someone were

asked to do something that is not within a person’s responsibilities than that person should reject

the assignment. The reason behind this is because if someone were to cause an error that results

in someone being negatively affected than that person is liable for the error. It may be

unfortunate but there are reasons that employees are meant to handle certain tasks because they

are knowledgeable on the matter and more importantly are protected.

One of the most crucial legal principles covered in Uber’s Terms is liability. Liability refers to

the legal responsibility for someone or something. For example as a person in day-to-day life, he

or she is responsible for knowing the way the street signs and lights work, meaning if someone

were to be hit by a car when set person wasn’t supposed to be crossing then the person crossing

is legal liable for the accident. Liability is one of the more important aspects in legal language

because one of the sole reasons of Terms are to protect one’s self, and in order to fulfill that

objective one must know exactly what and who they are responsible for. For this contract Uber is

ensuring that they have no liability when consumers are using the Service in terms of

transportation and logistical services. There are three forms of liabilities in law being legal

liability (legal obligation to pay debts), public liability (the tort which focuses on civil wrong

doing), and product liability (the liability that manufacturers and suppliers take on in the case

that the product is responsible for personal injury).

When looking at this contract, Uber is focusing on protecting themselves from both legal and

product liability. This is the case because these two forms of liability are the predominant types

of claims that a consumer can make towards the company. For example, it could be predicted

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that a consumer would claim that they experienced emotional or compensatory damages as a

result of not being driven to their destination in a timely manner which made the user miss

something important. The user may feel as though Uber is responsible for this mistake and

should compensate for whatever distress was caused. It is for that reason that the ride sharing

company must ensure that the Terms completely covers them of all damages.

The concept of damages also applies heavily to the Terms that Uber provides. There are four

types of damages that were discussed in class: punitive damages, (damages exceeding simple

compensation and awarded to punish the defendant), aggravated damages (when a person’s

conduct amounts to tortious conduct subjecting the plaintiff to humiliating and malicious

circumstances), pecuniary damages (loss of future income), and non-pecuniary damages (pain

and suffering or loss of life). Uber uses their Terms as a way of ensuring that they are legal

covered for all of these types of damages. For example, a consumer gets injured through the

reckless acts of another driver on the road while using the Service. Clearly people can be

physically injured while being a passenger in a car as there are many different factors that affect

the conditions of a drive. There could be extreme weather conditions, reckless drivers, destroyed

roads etc. The importance of the Terms comes to light when understanding that these factors

could lead to any one of the types of damages listed above. Another common example of Uber

needing to protect themselves against aggravated damages is when a customer gets into a car

accident and they claim that they are forever afraid of getting into an automobile due to the

incident. Uber’s Terms will protect them as well as the Third-Party Provider from a consumer

suing the company for distress that they’ve had to endure.

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When looking at how the Terms protects Uber from punitive damages (malicious behavior) there

is not much that Uber could add to the Terms to protect themselves. Punitive damages only apply

if the company were to do something aggressive and or malicious, meaning that if they were to

be found accountable for their actions than they are subject to whatever compensation is

determined appropriate.

Certain damages are sometimes endured at the same time. For example, a consumer could

realistically claim to pecuniary damages (loss of future income) and non-pecuniary damages at

the same time. If a customer were to be physically injured due to negligence by the company

than set customer would be able to sue for pecuniary and non-pecuniary damages. The user could

claim that the time it took for them to heal due to the accident, has kept them from working their

job. There are also possible damages of the customer entering the public spotlight and damaging

one’s personal reputation. These are the reasons that Uber should take every necessary step to

protect themselves from punitive damages.

When using the Service provided by Uber there are a few pieces of personal information that

must be disclosed before being granted access to the Service. Uber requires that you provide

them with your full name, telephone number, email address, valid payment information, and

billing address. Clearly this information is not something that a customer wants to be made

public. This brings us to a crucially important legal concept that is known as confidentiality.

Confidentiality is the idea of having certain facets of a person’s life a secret or private. This legal

concept is put in place for the benefit of both parties of the Terms (Uber and the user). The user

is protected because they do not want their personal information being disclosed to anyone in the

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company that wishes to access it. Uber has added a clause that allows them to access this

information in the case of a legal issue that requires set information. The clause states “Uber may

provide to a claims processor or an insurer any necessary information (including your contact

information) if there is a complaint, dispute or conflict, which may include an accident,

involving you and a Third Party Provider (including a transportation network company driver)

and such information or data is necessary to resolve the complaint, dispute or conflict”. If there is

no reason for Uber to look at the customers’ personal information than their information will

remain private.

Uber benefits from this legal concept in the case of the user learning about certain policies and

procedures and disclosing this information to the competition. Uber states in their terms “You

may not: (i) remove any copyright, trademark or other proprietary notices from any portion of

the Services; (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 Services except as expressly permitted by Uber; (iii) decompile, reverse

engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to,

mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the

purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or

unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or

(vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related

systems or networks.” This means that anything that the user learns from using the Service

cannot be disclosed, and will face a penalty if they chose to do so.

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An agency is another legal principle that is relevant to the Terms that consumers agree to in the

Terms. Agency theory is a relationship that exists between a principle and an agent in their

dealings with outsiders in the formation of legal relationships. These agents speak on behalf of

the principle in creating a relationship with a third party. These agents are responsible for their

fiduciary duty, which is someone entrusted to act in the best interest of one or more parties.

There are three broad categories of agents:

1. Agency by Estoppel: The principle behave in a way that the third party reasonably

concluded that the agency relationship exists.

2. Agency by Ratification: There is an agency created but the agent exceeded the actual

authority.

3. Agency by Necessity: In a specific crisis where there may be a requirement that someone

speaks and protects and secures your assets.

As an agent for a certain party, there are a number of responsibilities that he or she must meet. If

these responsibilities aren’t met then the agent could be subject to legal punishment. Some of the

obligations that an agent has are listed below:

• Actual authority (Expressed or Implied)

• Fiduciary duty (special relationship of trust where you must work in good faith for the

principle)

• Full disclosure of material information (meaning if it affects the principal you are

obligated to do it.

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In agency theory, there are two parties involved the agent and the principle. The principle is

generally the person or organization who hires the agent and entrusts them with the responsibility

to make decisions in the interest of the principle. There are multiple duties that the principle has,

some of which are listed below:

• Indemnify against losses

• Provide tools for the training

• Reimburse for reasonable expenses

• Pay the agent for the actual fees of the service

The most important aspect of the relationship between the agent and the principle is the

responsibility of the principle to ensure that the agent is protected against possible legal issues.

This makes sense as the agent should not have to worry about having liability while making the

decisions in the best interest of the principle. Any circumstance where the agent would take on

liability is one that the agent should distance themselves from as they are not capable of dealing

with the duty. If there is separation between the party that hired you and yourself that it is much

easier to help someone and give unbiased advice.

Another significant legal concept that was covered in class, is how the Canadian Charter of

Rights and Freedoms applies to all Canadians and what its intended purpose is. We will

examine all the clauses in the Terms that are affected by the Charter of Rights and Freedoms.

The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of

Canada. The Charter guarantees certain political rights to Canadian citizens and civil rights to

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everyone of in Canada from policies and actions of different governments. The Charter can

affect any Terms that applies to Canadian Law. Uber, a company that conducts a large portion of

business in Canada, has separate Terms and Conditions for certain countries including Canada.

Mobility rights would be a clause in the charter that applies to the Terms being discussed.

Mobility rights covers some of the fundamental travel rights that Canadians are allowed such as

traveling within the country to different provinces and allowing Canadians the right to enter and

leave the country on their own free will. These rights allow any permanent resident or Canadian

citizen to travel to any province with the intention of finding some form of work. Both rights are

subject to any law or practice in another province that would deny entry to set province. This is

important in the case of the Terms because certain cities such as Ottawa are very close to the

border of two provinces meaning in certain cases a customer could be looking to travel to a

different province. This is crucial to allow Uber the ability to offer their service to any Canadian

or permanent resident in between provinces so long as they do not impose on any other law or

regulation passed in both provinces. Not only is this important in order to serve the user but it is

also important for the Third-Party Provider as these rights allow him or her to work in between

provinces and earn compensation.

This section essentially states that all permanent Canadian residents have the ability to enter

Canada, and travel within the boundaries of the country for work pleasure, or both. This is

important in the case of the Terms because it would mean that regardless of where Wipeout was

being filmed, any permanent Canadian resident would have the legal right to go work in that

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province, and earn compensation. The purpose of the section is to protect the “unity” that is

crucial to the Canadian way of life.

In addition to travel rights for Canadians, section 2 of the Canadian Charter of Rights and

Freedoms covers Fundamental Freedoms. This is relevant to Uber’s Terms as they state that the

Third-Party Provider cannot deny the Service to anyone based on their appearance, thought,

belief, opinion, religion, etc. Essentially Uber ensures that both parties of the Terms are not able

to deny or accept the service based on discriminatory reason. This is in clear relation to the

Fundamental Freedoms section of the Charter as it states that everyone has the following

fundamental freedoms (Heritage, C., 2017):

1. Freedom of conscience and religion;

2. Freedom of thought, belief, opinion and expression, including freedom of the press and

other media of communication;

3. Freedom of peaceful assembly; and

4. Freedom of association

Another significant legal concept is the concept of torts. A tort is a wrongful act or an

infringement of a right that unfairly causes a party to suffer loss or harm resulting in civil legal

liability. Legal injuries can also be classified as emotional, financial, and mental distress they are

not simply physical harm. People often mistake tort law for criminal law, the major difference

between the two is the proof for conviction. There are two forms of torts, being intentional and

unintentional torts. Intentional torts include assault, battery, false arrest, trespassing, etc.

Unintentional torts include duty of care, standard of care, causation, and negligence. This is very

33
important to Uber in case of a situation where a user claims to have physical or mental distress as

a result of the Service. These situations can come about more often than not when taking into

account that humans make errors on a regular basis, thankfully less often then when given keys

to an automobile. Unfortunately, although these accidents may happen less than your common

spelling mistake the potential damage dealt when one occurs can be tremendous. Therefore, it is

significantly important that the Terms that Uber has protects them from being exposed in tort

law. Without this protection from tort law Uber would be facing several users who are looking to

sue the company to show that they have face some sort of wrongdoing.

Recommendations:

As mentioned throughout this paper most people do not read the Terms of service before gaining

access to the Service. The Terms and Condition are roughly eight pages long and are full of

technical words that the average person would not understand without further knowledge.

Humans tend to follow the same way of thinking when it comes situations like this and that is

why it is safe to say that majority of the users of the service do not understand what they are

agreeing to before using the service as they did not read the Terms. After reading through the

Terms it is evident that it is crucial to understand exactly what the document contains. Some

people may not even use the Service once they learn and understand all the different clauses in

the Terms. This is why the recommendation that may be the most important is for Uber to put

more effort towards informing their customers of the consequences when violating the Terms

and conditions. If someone wants to use the Service provided by Uber, they must be absolutely

certain that they have fully read and understood the rights and privileges that users waive and the

34
responsibilities they take on. If there is an issue with understanding the complicated document

then it is recommended that one should go and seek legal counsel in order to fully understand

what the contract is stating. Although it may be costly to acquire legal counsel, it can be even

more costly if you fall into a situation where you are responsible for financial liability. This is

very plausible especially when dealing with expensive equipment such as cars that are roughly

$10,000 or more depending on the brand.

A company like Uber has a strong position in their respective competitive market because they

were able to enter the market with disruptive innovation technology. A disruptive innovation

technology refers to an innovation that creates a new market and eventually disrupts an existing

market, and in turn shifts established market leading firms, services, and products. In the case of

Uber, it was the ability to ensure payment for the driver, taking payment information from the

customer before providing the Service. This can cause problems in a situation where a customer

has not fully understood how much they are expected to pay for. For this reason, Uber should do

a better job of ensuring the customer is fully aware of the price they are paying for the Service,

especially in the case where the fare surge has been applied. Uber should add a second checking

system, where the customers receives a text and must respond with their acceptance of the surge

rate confirming their agreement to the fare.

In the Terms for service, Uber places all liability regarding an accident with the transportation on

to the Third-Party Provider. In certain cases, the argument can be made that Uber did not screen

the Third-Party Provider effectively enough. A person may be able to get a driver’s license and

be over the age of 21 but this is not a thorough enough screening process to determine the

35
driver’s ability. Uber should add more barriers to their screening process that can reliably and

fairly distinguish the aptitude for driving. This will show that Uber has done far more than the

minimal requirement for ensuring the driver’s ability to operate safely as well as their ability to

represent the company in a good light.

As a driver you are using your own vehicle when working for Uber as the company does not

provide you one. Since it is the driver’s car he or she will have their own definition of what a

reasonably clean car is considered to be. Uber would ideally want every car that picks up a

customer to be as clean as a brand-new car straight from the dealership. On the other hand the

driver of the vehicle may have a completely opposite opinion of what they believe a clean car

entails. In the Terms of service the agreement states that the customer must pay for cost of repair

for damage in excess of normal wear and tear. A customer could argue that their definition of

wear and tear is different than that of the driver, and that discretion can cause a problem. For this

reason Uber should define the standards for what they believe an adequately clean car is.

In today’s age of technology, the world is developing and changing faster than we can adapt.

Recently automotive companies have been developing self-driving cars which require no human

decision making. With this new change in technology we could be looking at the extinction of

human drivers within the next ten years. Uber has been looking in to deploying these self-driving

cars on the streets however have yet to come up with any provisions to protect them in the case

of an accident. For this reason, Uber should be proactive in creating these provision before they

find themselves in a situation where they are liable for the actions of machines.

36
Problem Scenario:

March 3rd, 2017 the public learnt of Uber’s use of the software tool Greyball. It had been

reported that the company had been using this software as early as 2014 in countries such as

Australia, United States, South Korea, and China. The Greyball software is said to identify and

deny service to certain riders, particularly those who are suspected of violating Uber’s Terms of

service. The program analyzed credit card, device identification, location data, and other factors

to predict whether the request for service was legitimate. Greyball is said to be able to “hide the

standard city app view for individual riders, enabling Uber to show that same rider a different

version” (della Cava, M., 2017). The Greyball software was also used to help their drivers evade

local government authorities in certain countries where the Service was not legitimized yet. This

goes without saying that this is extremely unethical and put Ubers reputation with local

government authorities and consumers at risk.

Businesses will do just about anything that has not been declared illegal in order to be at the top

of the food chain. They will cut most corners to save money, destroy the competition, and have

the best service or product available. There will always be examples of companies conducting

their business unethically and taking advantage of customers. Large companies such as Uber can

find flaws in contracts and legal loopholes to find different ways of protecting themselves from

paying. In certain situations, the government in which the service is being conducted will

intervene and declare or modify a policy that will prohibit unethical action by the business.

37
Uber claims to have developed and used Greyball to deny services to consumers who under

suspicion of violating the Terms and Conditions of the service, such as people with the intention

of ruining the vehicle of the driver, harm the driver, etc. The issue with this is that the consumer

who is identified and labeled under suspicion of violating the Terms has yet to do so. Uber is

using the user provided content to distinguish these two types of users. In the subsection of the

Terms Uber states “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, without further notice to or consent from you, and without the requirement of payment

to you or any other person or entity.” This means that whatever information users provide are

used to come to this decision as to whether or not to deny an individual from using the Service.

In the contractual relationship subsection of the Terms Uber states that they are able to deny

access to the Services at any time for any reason. This means that Uber is covered in terms of

legal liability for denying the service to a consumer, however this does not allow the Third-Party

Provider the permission to do so without reason. The reason for this is to avoid discrimination

based on race, gender, age, opinions, etc.

In Uber’s defence, it is not unfair to assume that some people are using the app with the intention

of violating the Terms, especially considering that Uber has almost completely destroyed its

competition. Taxi drivers have lost a considerable amount of business since the launching of

Uber, as the company essentially provides the same service as Taxi-Cab companies except

Uber’s service is cheaper, more efficient, and more reliable. There are multiple cases of taxi

38
drivers displaying their displeasure with Uber through protests, rallies, and sometimes even

harmful acts directed towards the Third-Party drivers. With that in mind it makes sense that Uber

would develop a software such as the Greyball software in order to protect their Third-Party

drivers from any unnecessary harm or conflict. This however does not give Uber the green light

to use this Greyball software to avoid local authorities.

Uber would use the Greyball software to avoid local authorities as they were not legalized in

certain provinces and states. They were illegally operating in these provinces and would use the

software to evade officers and deny their ride requests. Uber reserves the right to deny any

person at any time without notifying them as mentioned in the Terms. This is how they would

legally protect themselves for discriminating against these officers who were affiliated with the

Bureau of Transportation for their respective state or province. In the city of Portland, December

2014 it was reported that Uber had used Greyball software tool to identify seventeen individual

rider accounts, evade PBOT (Portland Bureau of Transportation) officers and deny twenty-nine

ride request by PBOT officers (Portland Bureau of Transportation, 2017). This incident puts the

industry of transportation network companies in bad light since Uber is the first successful

company to be operating in this market. This is not ideal for Uber as they are still trying make a

good reputation for the company as they are currently dealing with legalization of the service in

numerous places. On March 3, 2017 Uber admitted to using the Greyball software to undermine

government regulators and has stated they would no longer use the software tool for that purpose

(della Cava, M., 2017).

39
The use of this software has truly damaged the reputation of Uber. This is not ideal an ideal time

for Uber as they are just beginning to enter new markets and have regulations being created for

them in order to operate in set markets. The software is painting Uber as an unethical company

that will cut corners in order to increase their bottom line. In certain cities such as London, the

use of the Greyball software has been used as one of the reasons to not renew Uber’s private hire

operator licence. This will result in Uber being unable to operate legally in London once the

licence expires. Clearly the ethical conduct of the business is something that is taken very

seriously and can even affect the growth of the company.

Since consumers and governments have become aware of Ubers use of the Greyball software

they have seen what people believe to be unfair. They are using the User Provided Content to

filter out any users they believe to be violating the Terms, which unfairly tagged people who

may not have had any intention to do so. This content also allowed Uber to identify the local

authorities and deny them the transportation service as well. Many would agree that although the

Terms of Service permit Uber to use this information, it is extremely unethical for consumers

and government regulators. This is clearly not the way a business should be conducting itself as

it can result in having powerful enemies which in turn hinder the growth of the company at such

an important stage in expansion.

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 Bibliography

(UBER). “Legal Uber.” UBER B.V. TERMS AND CONDITIONS, 4 Dec. 2017,

doi:10.7717/peerj.1072/supp-7.

(della Cava, M., 2017). Uber admits its ghost driver 'Greyball' tool was used to thwart

regulators, vows to stop. USA TODAY. Retrieved 4 December 2017, from

https://www.usatoday.com/story/tech/talkingtech/2017/03/08/uber-stop-using-greyball-target-

regulators/98930282/

(Heritage, C., 2017). Your Guide to the Canadian Charter of Rights and Freedoms -

Canada.ca. Canada.ca. Retrieved from https://www.canada.ca/en/canadian-

heritage/services/how-rights-protected/guide-canadian-charter-rights-freedoms.html#section2

(Portland Bureau of Transportation, 2017). Greyball Audit Report (pp. 18-21). Portland.

Retrieved from https://www.portlandoregon.gov/saltzman/article/637492

(Isaac, M. 2017). How Uber Deceives the Authorities Worldwide. Nytimes.com. Retrieved 4

December 2017, from https://www.nytimes.com/2017/03/03/technology/uber-greyball-program-

evade-authorities.html

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