ONUS - Terms & Conditions

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.

Application of the Terms
1. These Terms govern the use of the Services. ONUS offers information about its various activities through the Website and accordingly its Services.
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 “Purveyor” does not prevent the Terms from applying to someone accessing the Services, as the Terms may apply to others in a different manner; the Terms also apply to a prospective Purveyor where ONUS has created an account on behalf of a prospective Purveyor, and subsequent to transfer of the account from ONUS to the prospective Purveyor, the prospective Purveyor agrees to the Terms when they use the Services according to Clause 1.8.
3. Any new features or tools, which are added to the Services, also are subject to the Terms.
4. The Privacy Policy , which governs the use of personal data by ONUS, is incorporated into these Terms by reference.
  1. The Services provide links to third parties which may have links to features such as images or comments, and we do not control, maintain or endorse any content or images from third parties.
  2. Interactions between the Services and third party services requires you to login to your account at your own risk. ONUS does not control any of these web services or content.
  3. By using any third party service that interacts with the Services, you agree to your information being shared with such third parties, that your personal information may be disclosed and/or associated with you, and that your use of a third party service is done so at your own risk.
5. You can review the most current version of the Terms at any time on this page.
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.
7. It is your responsibility to check this page periodically for changes to the Terms.
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.
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.
Eligibility
1. All prospective Purveyors warrant that they have the relevant business licenses, registrations, and any other required status as determined by local, state, and federal laws and regulations.
2. All prospective Purveyors must have a physical business address (also referred to as the Member Location) that they will provide when signing up for an account, and this is the address where potential Consumers are served the Purveyor’s products.
3. If prospective Purveyors lack what is required according to Clauses 2.1 and 2.2, they are not eligible to use the Services and must cease any attempts to use the Services as a Purveyor.
Conduct
1. Purveyors are responsible for verifying that Consumers meet the Minimum Age Requirement as specified in the Consumer Terms & Conditions and ONUS takes no responsibility for Purveyors making sales of their products to anyone not meeting the Minimum Age Requirement; should ONUS become aware of a transaction occurring in violation of the Terms, the Purveyor may have their account suspended or they may be expelled from using the Services.
2. Purveyors agree to behave responsibly when using the Services and in such a manner that does not put ONUS in disrepute.
3. Purveyors failing to comply with any of the Terms are subject to either suspension or expulsion from using the Services.
4. Purveyors must not engage in or encourage money laundering or illegal gambling or use the Services in any harmful way whatsoever.
5. Purveyors must provide only true, accurate, current, easy to understand, 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.
6. Purveyors must respect the reputation of ONUS, and Purveyors cannot appropriate the brand and attempt to represent the brand without ONUS’s express permission.
7. Only a Purveyor can use their own account, only Purveyor sub-users can use their own respective account, and any unauthorized usage of any account may result in ONUS either suspending or expelling the Purveyors from using the Services.
8. Purveyors must not use the Services for any illegal or unethical purposes.
9. Purveyors must not carry out any fraudulent activity when using the Services, and Purveyors must not disable or disrupt the Services in any way.
10. Purveyors may not upload or use any offensive content on the Services.
11. Furthermore, all Purveyors agree not to:
  1. collect personal data about other users or entities by using the Services for commercial or unlawful purposes;
  2. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Services, except for internet search engines (e.g,. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
  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
  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.
12. ONUS respects the rights and protections Purveyors have within the Terms and in accordance with the law, and ONUS expects all Purveyors to show the same respect.
Account & Security
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 Purveyor in order to use the Services.
2. In order to use the Services as a Purveyor, you must meet the eligibility requirements stated in Clause 2, and you must also register an account with ONUS.
3. During the registration process, you acknowledge that you will need to provide information as described in Clause 1.4, which makes reference to the Privacy Policy.
4. All Purveyors must protect and secure their login credentials and any generated secret key, and are fully responsible for any activity resulting from the use of their credentials.
5. Purveyors are able to add sub-users to their account, and accordingly they are responsible for the activities of their sub-users.
6. Any violation of the terms by Purveyor sub-users will be considered a violation of the terms by the Purveyor.
7. All Purveyors 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.
8. You represent and warrant that the personal data you provide to ONUS is true, accurate, current, and complete.
9. You are required to provide Stripe-related details into your account and therefore must have a Stripe account in order to obtain payment.
10. Where applicable, if your Member Location makes use of dedicated APIs, such as Omnivore, you are responsible for ensuring all configurations are correct.
11. All Purveyors acknowledge that any fraudulent activity carried out with their account may lead to suspension from the Services along with both the freezing of Ride Credits and the freezing of their account fund provided via Stripe within the Services.
12. 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 support@onusrides.com.
Listing
1. ONUS may or may not show the listings for certain Member Locations based on Consumer preferences as stored in the Services.
2. ONUS does not discriminate against users of its Services 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.
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.
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.
5. Purveyors acknowledge that they will use the Services with the understanding that ONUS operates its Services applying Clauses 5.1 - 5.4.
Data: General, Planning, Sharing, Notifications
1. ONUS may or may not fetch the Purveyor’s data once access is granted by the Purveyor.
2. The Purveyor’s data may be used for targeted advertisements in line with the Privacy Policy.
3. ONUS allows Consumers to make plans with friends by inviting them to go out (“Making Plans”) to a Member Location, and ONUS may use information from relating to Making Plans in order to advertise to the Purveyor.
4. Ride Credits may expire if they are not used for an excessive period of time according to ONUS.
5. The Purveyor 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 Purveyor agrees to let ONUS post on the third party service on the Purveyor’s behalf.
6. ONUS may send emails, text messages, or push notifications to the Purveyor.
7. ONUS will collect the Purveyor’s location data to ensure payments are made securely and to provide a better user experience.
Ride Credits, Vouchers, and Coupons
1. Purveyors are responsible for maintaining any physical or digital vouchers for Consumers they may have in their possession, and ONUS may not regenerate vouchers once lost.
2. Purveyors can generate and redeem vouchers for Consumers with their account.
3. 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, Consumers are expected to contact Purveyors to obtain another one if possible.
4. Vouchers given to Purveyors by Producers/Distributors are handled by Producers/Distributors, and therefore if a Purveyor’s voucher has been redeemed or used in any way such that the Purveyor cannot use it, Purveyors are expected to contact Producers/Distributors to obtain another one if possible.
Intellectual Property
1. All content and information that are present on pages, applications, or other materials via 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.
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).
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.
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.
5. For these purposes “Intellectual Property Rights” includes the following: any patent, trade mark, 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 other similar intellectual or commercial right (in each case whether or not registered and registrations of and applications to register any of them).
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 Millennium Copyright Act (DMCA), should the Purveyor make the relevant request to support@onusrides.com.
Packages & Deals
1. Purveyors may purchase certain ONUS packages, and when purchasing any commitment plan, Purveyors will be charged according the number of months they have agreed to commit upon making a purchase of a package.
2. Upon the expiration of a commitment plan, the plan will automatically renew, and Purveyors will be charged according to the new commitment plan’s price.
3. Should Purveyors wish to cancel their existing commitment plan, they will still be charged for the entire duration of the plan, and the same shall apply once their commitment plan automatically renews; accordingly, Purveyors not intending to have their commitment plan renewed are responsible for submitting a cancellation request prior to the commitment plan’s renewal.
4. ONUS has the discretion to update the prices of its packages available to Purveyors, and such changes will apply to Purveyors either upon their purchase of a package for the first time or upon renewal of an existing package.
5. Purveyors acknowledge that Clause 10.1.4 determines how they will receive payments in relation to their packages.
6. ONUS may include other charges when purchasing packages such as monthly subscription fees.
7. Packages may include or may not include various features depending on the components of the packages (the “Package Component”).
8. Following the purchase of a package that includes purveyor deal management as a Package Component, Purveyors are able to manage purveyor deals within their account, noting that ONUS may either suspend or end a purveyor deal at any time in the case of violating terms of the Agreement.
9. Following the purchase of a package that includes producer deal management as a Package Component, Purveyors are able to manage producer deals within their account, noting that the operation or outcome of any producer deal done directly between the Purveyor and a Producer/Distributor is the responsibility of the Purveyor and the Producer/Distributor, and also noting that ONUS may either suspend or end a producer deal at any time in the case of violating terms of the Agreement.
10. Purveyors are responsible for ensuring their account contains enough Ride Credits to support any active deals they have set up, and the ONUS platform verifies whether deals are eligible to run based on the deal requirements provided.
11. Purveyors are responsible for the information they provide within any deal management process, and accordingly have committed to adding and running that deal with the configurations set once submitted.
Payments & Refunds
1. Payments to Purveyors, Payments by Purveyors
  1. Purveyors are charged a processing fee imposed by the relevant processor used by ONUS for their transactions.
  2. Purveyors are responsible for all chargebacks, including any losses incurred by chargebacks, declined payments, refunds, fees impacting ONUS due to chargebacks, and any other activity.
  3. Any fees impacting ONUS due to chargebacks will be deducted from the Purveyor account fund.
  4. Based on the package subscribed to by the Purveyor, a percentage of the final ticket earned by the Purveyor will be charged to the Purveyor and paid to ONUS.
  5. Purveyors acknowledge that when Consumers are prompted to pay for any part of using the Services whether while at a location participating with ONUS (a “Member Location”, “Purveyor”), then they will do so via a purchase while using the Services, and they agree to accept the charges should they provide a confirmation following the prompt.
    1. ONUS reiterates that, and Purveyors agree that they will make use of Consumer ONUS IDs only for the intended purpose for being used with the Services, as ONUS IDs are used by Purveyors to identify Consumers when they purchase products from the Member Location, and should Consumers accept any charges, Consumers take responsibility for having accepted those charges.
  6. The Services allow the Consumer to open a tab in which purchases can be made during a certain period recognized by the Services (a “Tab”), and Purveyors may force a charge onto Consumers via their ONUS-configured payment method should Consumers not pay the Tab in a reasonable manner.
  7. Purveyors may not force any unreasonable charges via any Consumer’s ONUS-configured payment method.
  8. ONUS allows the Consumer to configure an amount that is authorized on the Tab (the “Authorized Amount”), and
    1. if the amount on the tab irrespective of the Authorized Amount (the “Tab Amount”) is greater than the Authorized Amount when the Tab is closed, then:
      1. a separate charge to you will be created for the amount to pay (the “Bill Amount”), which will be equal to the Tab Amount, and
      2. the Authorized Amount will be released within seven (7) business days to the Consumer.
    2. If the Tab Amount is less than the Authorized Amount upon closing of the Tab, then:
      1. 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.
    3. If the Tab Amount is equal to the Bill Amount, then no amount will be released back to the Consumer.
  9. ONUS does not save any card data into its database, and ONUS only saves a token generated by Stripe and by TokenEx.
  10. Purveyors can view their transaction history to review past payments under the “Payment History” part of their account menu.
  11. You are fully responsible with respect to any applicable terms or laws applying to third party services you use when making or receiving payment in relation to our Services, and this term applies as well to any POS system you may have selected to use with your account.
  12. As the Services use Stripe for payment processing, ONUS and you agree to follow the terms described in https://stripe.com/docs/disputes with respect to disputes and chargebacks.
2. Refunds for Purveyors
  1. ONUS does not provide refunds in the case of purchasing Ride Credits when using the Services.
  2. If any incident occurs such that your purchase does not operate as you intended or if there are any technical reasons preventing your purchase from operating after payment, then you may contact us by mailing support@onusrides.com stating what has occurred.
  3. We will be reasonable in providing a form of store credit, which will be administered by ONUS, to be used within our Services if in our sole opinion this would rectify any issues with any of our Services that you have purchased.
  4. Ride Credits are not a form of money, and they cannot be used as such; Purveyors can transfer Ride Credits to Consumers, but once transferred, the Purveyor cannot recall the Ride Credits.
  5. You cannot obtain any payment in relation to the deletion or deactivation any purchase you have made with us.
  6. Any issues you have with any Consumers or Purveyors must be directed to those Consumers or Purveyors, especially in cases where you seek a return, refund, or any other request, and ONUS has no responsibility to become involved or provide an opinion on how to resolve any disputes between you and any Consumers or Purveyors.
  7. You sell products to Consumers at your own risk and you assume all liability for your sale of such products.
DISCLAIMER, WARRANTIES, LIMITATION OF LIABILITY
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.
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 USER MAY USE THE SERVICES, YET CAUTION SHOULD BE APPLIED IN THE USE OF ANY CONTENT OR MATERIALS, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THE USER’S DEVICE OR COMPUTER, OR OTHER HARM.
3. ONUS REITERATES THAT IT IS NOT A RIDESHARE PLATFORM, AND ACCORDINGLY THE TERMS THAT APPLY TO USING RIDESHARE PLATFORMS ARE INDEPENDENT OF ONUS.
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, SYSTEMS AND PROGRAMS AND THE DATA THEREON OR ANY OTHER DIRECT 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 USER.
5. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
6. OCCASIONALLY THERE MAY BE INFORMATION ON THE SERVICES THAT CONTAINS TYPOGRAPHICAL ERRORS, INACCURACIES OR OMISSIONS THAT MAY 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).
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.
8. ALL THE INFORMATION ON THE SERVICES PROVIDED BY ONUS DIRECTLY IS INTENDED FOR GUIDANCE ONLY.
9. PRODUCTS AND PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
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. WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION, OR DISCONTINUANCE OF THE SERVICES.
Termination
1. ONUS or the Purveyors may terminate their agreement to the Terms at any time, and once terminated, Purveyors must cease any and all use of the Services.
2. ONUS has the right to monitor its own Services and to investigate and to prosecute violations of the any of the Terms to the fullest extent allowed either by the Terms or the law.
3. ONUS reserves the right to involve local law enforcement authorities in prosecuting users violating these Terms contrary to local law.
General
1. All claims and disputes arising under or relating to these Terms are to be settled by binding arbitration in the state of Delaware.
  1. An award of arbitration may be confirmed in a court of competent jurisdiction.
  2. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement.
  3. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
2. Subject to Clause 13.1, these Terms are governed by the laws of Delaware, United States. The Purveyor agrees to resolve any dispute exclusively in Delaware, United States for the purpose of arbitration of all such disputes.
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.
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.

Application of the Terms

Eligibility

Conduct

Account & Security

Listing

Data: General, Planning, Sharing, Notifications

Ride Credits, Vouchers, and Coupons

Intellectual Property

Packages & Deals

Payments & Refunds

DISCLAIMER, WARRANTIES, LIMITATION OF LIABILITY

Termination

General

Introduction

Information We Collect About You

Information You Provide

Information We Share

Who Can Obtain Information About Me?

Third Party Services and Cookies

Your Rights and Options

Data Security

Governing Law

Changes to this Privacy Policy