ONUS Enterprises, LLC is a company with registered address 31236 Meadowview Square, Delmar, DE 19940 (“ONUS”, “ONUS Rides”, “we”, “our”, “ours”, “us”). The Terms & Conditions (the “Terms”) apply to any visitor or user (“you”, “your”, “yours”) of the ONUS website, www.onusrides.com (the “Website”), the ONUS various software applications such as the mobile application or any other service or communication of ONUS (the “Services”, which include the “Website”). The conditions within the Terms that apply exclusively to customers of our Services depend on the eligibility and registration of visitors or users to obtain an account with us, after which such visitors or users become customers (singularly, a “Consumer”) of the Services. All of the Terms that apply to visitors or users also apply to all Consumers, and accordingly any reference to a “Consumer” is also a reference to “you”. Upon accessing or using any of the Services, you agree to be bound by the Terms, and if you do not agree with the Terms, then you must immediately cease using the Services. If you continue to use the Services, bear in mind that you continuing to be engaged in a legally binding contract between you and ONUS.
ONUS runs it Services to benefit its primary users, which include Consumers, Purveyors, Producers, Distributors, and Advertisers, and the spirit of the Services is that “ONUS Rides allows Consumers to make purchases which may include products of Producers and Distributors (which may be promoted through Advertisers) at Purveyor Member Locations, and as a result of this exchange, Consumers can earn Ride Credits, which can be spent via external rideshare platforms that have no direct affiliation with ONUS.” By agreeing with the Terms, you acknowledge and agree that ONUS provides its Services as a rewards platform and not as a rideshare platform, restaurant or bar establishment, nor any other service except as specified in the Terms.
Disputes that cannot be resolved directly between you and ONUS under the Terms will be handled via arbitration as described in Clause 13.1, which you are expected to review. Should you not agree with Clause 13.1, then as statedin the initial paragraph, you must immediately cease using the Services.
1 Application of the Terms
1.1 These Terms govern the use of the Services. ONUS offers information about its various activities through the Website and accordingly its Services.
1.2 These Terms apply to all visitors or users of the Services, including without limitation visitors or users who are browsers, Consumers, merchants such as Purveyors, and/or other possible visitors, and not identifying as a “Consumer” does not prevent the Terms from applying to someone accessing the Services, as the Terms may apply to others in a different manner.
1.3 Any new features or tools, which are added to the Services, also are subject to the Terms.
1.5 You can review the most current version of the Terms at any time on this page.
1.6 We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website or other Services, or as applicable by our application hosting provider; in any event, we will execute on whichever requires more action by us in order for us to be compliant with laws, regulations, and other contractual agreements we may have.
1.7 It is your responsibility to check this page periodically for changes to the Terms.
1.8 Your continued use of or access to the Website or the Services following the posting of any changes constitutes acceptance of those changes to the Terms.
1.9 These Terms constitute the entire agreement between you and ONUS, and any other terms discussed between you and ONUS external to this agreement, shall not affect the terms of this agreement nor shall they form part of these Terms.
2.1 You must be 21 or older in order to use the Services in line with the ONUS age requirement (the “Minimum Age Requirement”).
2.2 You must use the Services only within the United States, and you agree to comply with all applicable laws prior to using the Services while warranting that you are eligible to be present in the United States according to all federal, state, and local laws and regulations.
2.3 You must not have any history demonstrating dishonest or fraudulent behavior in commercial activity especially in relation to software or systems involving financial transactions.
2.4 Consumers are able to use most of the Services by having ownership of an account with the Services.
2.4.1 Consumers lacking authorization for certain types of paid Services must not use such paid Services.
2.5 Consumers warrant that the account they intend to use for the Services will be their own and that the account and its data were not sold, transferred, licensed, or allocated to them by any third party or another Consumer without ONUS’s permission.
2.6 ONUS has the ultimate authority in deciding whether any Consumer is eligible to use the Services.
3.1 Consumers are responsible for any charges in case of purchasing products for any third party (i.e., other potential consumers), especially in the event such third party is under the age of 21, in which case should ONUS become aware of such a transaction occurring, the Consumer may have their account suspended or they may be expelled from using the Services.
3.2 Consumers agree to behave responsibly when using the Services and in such a manner that does not put ONUS in disrepute.
3.3Consumers failing to comply with any of the Terms are subject to either suspension or expulsion from using the Services.
3.4 Consumers must not engage in or encourage money laundering or illegal gambling or use the Services in any harmful way whatsoever.
3.5 Consumers must provide only true, accurate, current, and complete information in the course of using the Services, and they agree to correct the information in a reasonable amount of time if any of the information changes.
3.6 Consumers must respect the reputation of ONUS, and Consumers cannot appropriate the brand and attempt to represent the brand without ONUS’s express permission.
3.7 Only a Consumer can use their own account, and any unauthorized usage of any account may result in ONUS either suspending or expelling the Consumers from using the Services .
3.8 Consumers must not use the Services for any illegal or unethical purposes.
3.9 Consumers must not carry out any fraudulent activity when using the Services, and Consumers must not disable or disrupt the Services in any way.
3.10 Furthermore, all Consumers agree not to:
3.10.3 attempt to gain unauthorized access to computer systems owned or controlled by ONUS or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services. or
3.10.4 use any automated device or software that enables the submission of automatic postings on ONUS without human intervention or authorship (an “automated posting device”), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals.
3.11 ONUS respects the rights and protections Consumers have within the Terms and in accordance with the law, and ONUS expects all Consumers to show the same respect.
4 Account & Security
4.1 ONUS Services include the mobile application as stated at the beginning of these Terms, and you will need to run this application with a user account as a Consumer in order to use the Services.
4.2 In order to use the Services as a Consumer, you must meet the eligibility requirements stated in Clause 2, and you must also register an account with ONUS.
4.4 All Consumers must protect and secure their login credentials and are fully responsible for any activity resulting from the use of their credentials.
4.5 All Consumers further acknowledge that they will maintain compliance with Clause 3.7, and that any violation of this term may result in suspension or expulsion from the Services.
4.6 You represent and warrant that the personal data you provide to ONUS is true, accurate, current, and complete.
4.7 If you believe that your account has been compromised in any way including by unauthorized access from hackers or other individuals,you must promptly notify ONUS by email to email@example.com.
5.1 ONUS may or may not show the listings for certain Member Locations based on Consumer preferences as stored in the Services.
5.2 ONUS does not discriminate against Consumers on the basis of race, color, ethnicity, gender, orientation, or any other fact, taking into account that ONUS does apply a Minimum Age Requirement and that Consumers must be both in the United States and have eligibility to be in the United States in order to use the Services.
5.3 Member Locations on the ONUS platform are not owned or controlled by ONUS unless otherwise explicitly stated, and accordingly, any issues or questions relating to products such as food or alcohol served by these Member Locations are the responsibility of the Purveyors for these Member Locations.
5.4 Member Locations displaying vouchers instead of promotional offers/deals are Member Locations that do not participate in having promotional offers/deals, and accordingly, Consumers should contact such Purveyors to know more conditions about the vouchers.
6 Rideshare Use
6.1 Consumers agree to the terms and the policies of the rideshare companies with whom they book via ONUS.
6.2 The availability of rideshare vehicles such as taxis depends entirely on the availability of the rideshare selected by the Consumer.
6.3 Once Ride Credits are transferred to the rideshare platform selected by the Consumer, the Consumer acknowledges that it is not possible to transfer these Ride Credits back and that no refund option is available to retrieve these Ride Credits.
6.4 Ride Credits transferred to a rideshare platform may expire on the selected rideshare platform if not used according to the time limits prescribed by those rideshare platforms, and in any event according to their terms and policies.
6.5 The Consumer may or may not have to exit the Services in order to book their ride using a rideshare platform.
6.6 ONUS is not a rideshare platform, and ONUS takes no responsibility and shall not be held liable under any circumstances with respect to the Consumer’s use of a rideshare platform via ONUS, and should the Consumer be involved in an accident during a ride with a rideshare platform, the Consumer acknowledges that they must resolve the dispute with the rideshare platform.
7 Data: Calendars, Planning, Sharing, Notifications
7.1 ONUS may or may not fetch the Consumer’s calendar data once access is granted by the Consumer.
7.3 ONUS allows Consumers to make plans with friends by inviting them to go out (“Making Plans”), and ONUS may use the data provided along with calendar data to display targeted advertisements or promotional deals/offers.
7.4 Ride Credits may expire if they are not used within the given time specified in a promotional deal/offer.
7.5 If the Consumer receives Ride Credits while Making Plans, the Ride Credits may expire if the plan is not executed; additionally, if the Consumer receives Ride Credits through any type of activity separate from Making Plans, then the Ride Credits may expire if that activity is not taken to its conclusion as determined by ONUS.
7.6 The Consumer may or may not obtain Ride Credits while providing sharing permissions with a third-party service such as a social network, and by sharing permissions, the Consumer agrees to let ONUS post on the third-party service on the Consumer’s behalf.
7.7 ONUS may send emails, text messages, or push notifications to the Consumer.
7.8 ONUS will collect the Consumer’s location data to ensure payments are made securely and to provide a better user experience.
8 Ride Credits, Vouchers, and Coupons
8.1 Promotional Ride Credits given by ONUS will expire based on the conditions described in the promotions in which those Ride Credits are mentioned.
8.2 Consumers cannot sell Ride Credits nor can they sell coupons under any circumstances, and in addition to suspension or termination of user accounts along with voiding coupons, ONUS reserves its rights to take appropriate legal action in the event Consumers carry out any of these prohibited actions.
8.3 Ride Credits in possession of a Consumer that are not used within four (4) years expire.
8.4 Consumers are responsible for maintaining any physical vouchers they may have in their possession, and ONUS may not regenerate vouchers once lost.
8.5 Coupons or vouchers given to Consumers by Purveyors are handled by Purveyors, and therefore if a Consumer’s coupon or voucher has been redeemed or used in any way such that the Consumer cannot use it, please contact the Purveyor to obtain another one if possible.
9 Intellectual Property
9.1 All content and information that are present on pages, applications, or other materials via the use of the Services including without limitation text, graphics, images, and other items that can be viewed or used, is the property of ONUS or the property of their respective owners and is protected under the copyright laws of various jurisdictions. Intellectual Property Rights in the Services belong to ONUS or its licensors as may be the case from time to time.
9.2 The Services and the materials on or accessible via them and the Intellectual Property Rights associated with them may not be copied, distributed, published, licensed, used, or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using the Services).
9.3 Any derivative works based on ONUS’s Intellectual Property Rights shall belong to ONUS and you agree to assign, convey, and transfer any Intellectual Property Rights in the derivative works to ONUS.
9.4 None of ONUS’s Intellectual Property Rights may be used by you without ONUS’s permission in writing, which includes that you may not improperly or in any way use ONUS’s brand without permission.
9.5 For these purposes “Intellectual Property Rights” includes the following: any patent, trademark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know-how, trade secret, and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or another similar intellectual or commercial right (in each case whether or not registered and registrations of and applications to register any of them).
9.6 ONUS respects the Intellectual Property Rights of others, and should there be any instance in which another’s rights are infringed, we will follow the relevant procedure with respect to the Digital MillenniumCopyright Act (DMCA), should the Consumer make the relevant request to firstname.lastname@example.org.
10 Payments & Refunds
10.1 Payments by Consumers
If the Tab Amount is less than the Authorized Amount upon closing of the Tab, then:
The Bill Amount will be charged from the Tab Amount, and the balance of the Tab Amount will be released within seven (7) business days to the Consumer.
If the Tab Amount is equal to the Bill Amount, then no amount will be released back to the Consumer.
10.2 Refunds for Consumers
11 DISCLAIMER, WARRANTIES, LIMITATION OF LIABILITY
11.1 THE WEBSITE, SERVICES, AND ALL CONTENT, SERVER ANDNETWORK ELEMENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND ONUS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED.
11.2 ONUS DOES NOT GUARANTEE THAT THE SERVICES CONTENT ARE ACCURATE; ERROR-FREE; FREE OF VIRUSES; OR ANY OTHER HARMFUL ELEMENTS. AS WITH ANY SERVICES, A CONSUMER MAY USE THE SERVICES, YET CAUTION SHOULD BE APPLIED IN THE USE OF ANY CONTENT OR MATERIALS, AND THE CONSUMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THE CONSUMER’S DEVICE OR COMPUTER, OR OTHER HARM.
11.3 ONUS REITERATES THAT IT IS NOT A RIDESHARE PLATFORM, AND ACCORDINGLY THE TERMS THAT APPLY TO USING RIDESHARE PLATFORMS ARE INDEPENDENT OF ONUS.
11.4 ONUS EXCLUDES ALL LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. THIS INCLUDES, WITHOUT LIMITATION, DIRECT LOSS, LOSS OF BUSINESS OR PROFITS (WHETHER OR NOT THE LOSS OF SUCH PROFITS WAS FORESEEABLE, AROSE IN THE NORMAL COURSE OF THINGS OR YOU HAVE ADVISED ONUS OF THE POSSIBILITY OF SUCH POTENTIAL LOSS), DAMAGE CAUSED TO YOUR COMPUTER, THEREON SYSTEMS OR ANY AND PROGRAMS OTHER DIRECT AND THE DATA OR INDIRECT, CONSEQUENTIAL AND INCIDENTAL DAMAGES. IN NO EVENT WILL ONUS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE LESSER OF EITHER ONE HUNDRED UNITED STATES DOLLARS ($100.00) OR THE COST OF ANY SERVICES PAID BY THE CONSUMER.
11.5 SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TOTHE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
11.6 OCCASIONALLY SERVICES THERE THAT INACCURACIES OR MAY BE CONTAINS INFORMATION TYPOGRAPHICAL OMISSIONS THAT MAY ON THE ERRORS, RELATE TO PRODUCT DESCRIPTIONS, PRICING, PROMOTIONS, OFFERS, AND AVAILABILITY. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS, AND TO CHANGE OR UPDATE INFORMATION OR CANCEL ORDERS IF ANY INFORMATION IN THE SERVICE OR ON ANY RELATED WEBSITE IS INACCURATE AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER).
11.7 WE UNDERTAKE NO OBLIGATION TO UPDATE, AMEND OR CLARIFY INFORMATION IN THE SERVICES OR ON ANY RELATED WEBSITE, INCLUDING WITHOUT LIMITATION, PRICING INFORMATION, EXCEPT AS REQUIRED BY LAW. NO SPECIFIED UPDATE OR REFRESH DATE APPLIED IN THE SERVICES OR ON ANY RELATED WEBSITE, SHOULD BE TAKEN TO INDICATE THAT ALL INFORMATION IN THE SERVICES OR ON ANY RELATED WEBSITE HAS BEEN MODIFIED OR UPDATED.
11.8 ALL THE INFORMATION ON THE SERVICES PROVIDED BY ONUS DIRECTLY IS INTENDED FOR GUIDANCE ONLY.
11.9 PRODUCTS AND PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
11.10 WE RESERVE THE RIGHT AT ANY TIME TO MODIFY OR DISCONTINUE THE SERVICES (OR ANY PART OR CONTENT THEREOF) WITHOUT NOTICE AT ANY TIME.
11.11WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION, OR DISCONTINUANCE OF THE SERVICES.
12.1 ONUS or the Consumers may terminate their agreement to the Terms at any time, and once terminated, Consumers must cease any and all use of the Services.
12.2 ONUS has the right to monitor its own Services and to investigate and prosecute violations of any of the Terms to the fullest extent allowed either by the Terms or the law.
12.3 ONUS reserves the right to involve local law enforcement authorities in prosecuting users violating these Terms contrary to local law.
13.1 All claims and disputes arising under or relating to these Terms are to be settled by binding arbitration in the state of Delaware.
13.1.1 An award of arbitration may be confirmed in a court of competent jurisdiction.
13.2 Subject to Clause 13.1, these Terms are governed by the laws of Delaware, United States. The Consumer agrees to resolve any dispute exclusively in Delaware, United States for the purpose of arbitration of all such disputes.
13.3 Subject to Clause 13.1, if any provision of these Terms is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision will be severable from these Terms and will not affect the validity of any remaining provisions. ONUS’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right.
13.4 No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition. This dispute resolution provision will survive the termination of any or all of your transactions with ONUS.