Terms of Service

Updated 03/12/2023
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DRIVERS

These General Terms establish the main terms and conditions that govern and govern the use of the OMNI Services. To provide Service Services through the OMNI application, you must agree to the terms and conditions detailed below.

1. Definitions

1.1. OMNI (also known as "we", "our" or "us") - a limited liability company formed and registered under the laws of the State of California.

1.2 OMNI, shall mean (a) company over which OMNI exercises control (e.g. subsidiaries of OMNI).

1.3. Private Service Services: taxable services, including the provision and maintenance of the OMNI application, OMNI application, payment in the application, customer support, communication between driver and passenger and other similar services.

1.4. OMNI App: Smartphone or web app for drivers and passengers to request and receive Services services.

1.5. OMNI app – technology that connects passengers with drivers to help them move around cities more efficiently.

1.6. Passenger: a person who requests Services services using OMNI.

1.7. Driver (also known as "you"): the person who provides the Services through the OMNI application. Each Driver will obtain a personal OMNI Conductor account to use the OMNI Conductor Application and the OMNI application.

1.8. Agreement: any agreement between OMNI and its partners regarding the use of the OMNI Services. The Agreement consists of these General Terms, the drivers' guidelines and any additional terms and conditions or documents mentioned herein or agreed to in the future between OMNI.

1.9. Fare: the fee that a passenger is obliged to pay to the driver for the provision of Services services.

1.10. Tax Fee: The fee that the driver is required to pay to tax or tax for the use of the OMNI application.

1.11. In-app payment: cards, carrier billing and other payment methods (OMNI, etc.) used by the passenger through the OMNI application to pay for Services.

1.12. OMNI Driver Account: access to a website containing information and documents related to the use of OMNI during the provision of the Services, including accounting documentation. The driver can access the OMNI Driver Account through the application by entering username and password.

1.13. Service Services: Service service that the driver provides to the passenger whose request the driver accepted through the OMNI application.

2. Accepting the agreement

2.1. Before using the OMNI Services, you must register by providing the information requested in the registration application on the website and uploading necessary documentation as requested by us. You can register as a legal or natural person. Upon successful completion of the registration request, we will provide you with a personal account accessible via a username and password. By clicking the "Register" button located at the bottom of the registration application, you represent and warrant that:

in accordance with valid legal acts, you have the right to enter into an agreement with us to use the OMNI application to provide the Service Service; you have carefully studied, fully understand and agree to be bound by these General Terms, including all obligations arising hereunder and from the Agreement;

all information you have submitted to us is accurate, correct and complete;

will keep the OMNI Driver account accurate and profile information up to date at all times;

You will not authorize other people to use your OMNI Driver account or transfer or assign it to any other person;

you will not use the OMNI Services for unauthorized or illegal purposes and impair the proper functioning of the OMNI Services;

at all times, you fully comply with all applicable laws and regulations in the state in which you are providing the Services, including (but not limited to) laws regulating Passenger Services;

3. Right to use the OMNI application and OMNI Conductor

3.1. License to use the OMNI application and OMNI Driver Account. We grant you a license to use the OMNI application and OMNI Driver Account. The license does not give you the right to sublicense or transfer any rights to third parties. Notwithstanding the above, and if agreed separately, fleet companies may sublicense the OMNI App and the OMNI Conductor account to members of their fleet.

3.2. In the course of using the OMNI App and/or the OMNI Driver Account, you may not:

decompile, reverse engineer or otherwise attempt to derive the source code of the OMNI App, OMNI Conductor App or other OMNI software;

modify the OMNI Application or the OMNI Driver Account in any way or form, or use modified versions of the OMNI Application or the OMNI Driver Account;

transmit files that contain viruses, corrupted files or any other programs that may damage or adversely affect operations at OMNI;

attempt to gain unauthorized access to the OMNI application, the OMNI Driver Account or any other OMNI service.

3.3. The License granted herein is revoked automatically and simultaneously with the termination of the Agreement. After termination of the Agreement, you must immediately stop using the OMNI application and the OMNI Conductor account and we have the right to block and delete the Conductor account without prior notice.

3.4. Use OMNI tags and labels. Additionally, we may provide you with labels, tags, decals or other signs that reference the OMNI brand or indicate that you are using the OMNI application. We grant you a non-exclusive, non-sublicensable, non-transferable license to use such signs and solely for the purpose of indicating that you are providing Services through the OMNI application. Upon termination of the Agreement, you must immediately remove and discard any signs that reference the OMNI trademark.

3.5. All copyrights and trademarks, including source code, databases, logos and visual designs, are the property of OMNI and are protected by copyright, trademark and/or trade secret laws and provisions of international deals. By using the OMNI application or any other OMNI service, you do not acquire any ownership rights in any intellectual property.

4. Provide service services

4.1. The driver's obligations. You hereby warrant to provide Services in accordance with the General Terms, the Agreement and the laws and regulations in force in the state in which you provide the Services. Please note that you are fully responsible for any violations of local laws and regulations that may arise from the provision of the Services.

4.2. You must have all licenses (including a valid driver's license), permits, automobile insurance, liability insurance (if applicable), registrations, certifications and other documentation required in the applicable jurisdiction to provide the Services Services. It is your obligation to maintain the validity of all the documentation mentioned above. OMNI reserves the right to require you to submit evidence and review all necessary licenses, permits, approvals, authorizations, registrations and certifications.

4.3. You must provide the Service Services in a professional manner in accordance with the business ethics applicable to the provision of such services and attempt to fulfill the Passenger's request in the best interests of the Passenger. Among others, you (i) must take the route least expensive to the Passenger, unless the Passenger explicitly requests otherwise; (ii) may not make unauthorized stops; (iii) may not have any other passengers in the vehicle other than the Passenger and the passengers accompanying the Passenger; and (iv) you must comply with applicable traffic laws and regulations, that is, you must not take any action that may disrupt driving or perception of traffic conditions, including holding a telephone in your hand while the vehicle is moving .

4.4. You retain the exclusive right to determine when you provide the Services. You must accept, reject or ignore Service requests made by Passengers at your own discretion.

4.5. Costs incurred in providing Services services. You are obliged to provide and maintain all equipment and means necessary to perform the Service Services at your expense, including a car, smartphone, etc. You are also responsible for paying all costs incurred in the course of performing the Services. including, but not limited to, fuel, mobile data plan costs, tariffs, vehicle depreciation, insurance, relevant corporate or payroll taxes, etc. Please note that using the OMNI app may lead to the consumption of a large amount of data over your mobile data plan. Therefore, we suggest that you sign up for a data plan with unlimited or very high data usage capacity.

4.6. Rates. You are entitled to charge a fee for each instance that a Passenger has accepted in the OMNI application and has completed the Services Service as requested (i.e. Fee). The fare is calculated based on a predetermined base fare, the distance of the specific trip as determined by the GPS-based device, and the duration of the specific trip. The default base rate may fluctuate depending on the local market situation. You can negotiate the fee by sending us at OMNI a relevant request that has been signed digitally or manually. Furthermore, you will always have the right to charge the passenger less than the fare indicated by the OMNI application. However, charging the Passenger less than the OMNI application indicates does not decrease the OMNI fare.

4.7. If you find that there has been an error in the fare calculation and wish to make corrections to the fare calculation, you must submit a request in the "Fare Review" section of the OMNI application. If a request has not been submitted in the "Fee Review" section of the OMNI application, OMNI must not recalculate the Fee or refund you for an error made in calculating the Fee.

4.8. OMNI may adjust the fare for a particular completed order if we detect a violation (such as taking a longer route or not stopping the OMNI app fare after the Services have been completed) or in the event that an error is identified. technical that affects the final rate. OMNI may reduce or cancel the fare in the event that we have reasonable cause to suggest fraud or a Passenger's complaint indicates a violation on their part. OMNI will exercise its right to reduce or cancel the fee in a reasonable and justified manner.

4.9. The passenger can pay the fee for Services services directly to you or through in-app payment, as described in section 6 of these General Terms. In case the passenger pays the fare directly, it is his obligation to collect the fare. In the event that the Passenger fails or refuses to pay, OMNI and the partners will send a debt notice to the Passenger on his behalf. Such authorization derives from the mandate of the paying agent granted to OMNI and does not imply that OMNI has the obligation to compensate the Fare not paid by the Passenger. If the passengers in the vehicle do not agree to pay the fare for the provision of the Services service, the fare will be paid by the passenger who has ordered the provision of the Services service. If Passenger justifiably refuses to pay the Fare on the account that his/her information declared in the OMNI Application is incorrect, then OMNI will not reimburse him/her for such expenses.

4.10. Income. After each successful provision of Service Services, OMNI shall create and send a receipt to the Passenger consisting of the following information: company business name, place of work, first and last name of the Driver, a photo of the Driver, service license . number (if applicable), vehicle registration number, date, time, start and end locations, duration and duration, fare and fee paid for the provision of Services services. Receipt of each provision of the Services is available to you through the OMNI Driver Account.

4.11. If, in the course of providing the Services, a Passenger or his companions negligently damage the vehicle or its furnishings (among others, by staining or staining the vehicle or making the vehicle stink), you will have the right to request from the Passenger to pay a fine of $100 USD and seek compensation for any damages that exceed the fine. If the Passenger does not agree to pay the fine and/or compensate for the damage, he must notify us and we will then attempt to collect the fine and/or relevant costs on his behalf from the Passenger. However, please note that OMNI does not assume any responsibility for direct or indirect damages in connection with the cleaning or maintenance of the vehicle caused by the Passenger.

4.12. Your tax obligations You hereby acknowledge that you are obliged to comply with all tax obligations arising from applicable laws in connection with the provision of the Services, including (i) the payment of income taxes, social security or any other applicable taxes; and (ii) comply with all employee registration and tax obligations for calculations with respect to accounting and transfers to applicable state authorities, as required by applicable law. In the event that the tax authority sends us a valid request to provide information about its activities, OMNI may make information about its activities available to the tax authority to the extent established by current legal laws. facts. Furthermore, it is your obligation to adhere to all applicable tax regulations that may apply in connection with the provision of the Services. You hereby agree to compensate OMNI for all state fees, claims, payments, fines or other tax obligations that OMNI will incur in connection with obligations arising from applicable tax regulations that have not been complied with by you (including payment of income tax). income and social tax).

4.13. The driver's authorization to issue invoices. OMNI have the right to issue an invoice on your behalf to the Passenger to compensate you for the Fees, contractual fines or other fees that OMNI mediates to you. The invoice will be available to you through the OMNI Driver Account.

5. Amount or fee for service

5.1. To use the OMNI Services, you are required to pay an amount (i.e. the service fee). OMNI's fee is paid according to the fee for each Service service order you have completed. The Tax Fee amount is made available to you via email, tax application, OMNI Conductor account or other relevant means. Please acknowledge that OMNI's fee may change from time to time. OMNI will send prior notification of each such change.

5.2. You must pay the tax fee and any other fees owed to us by OMNI for the previous month no later than the 15th day of the following month. Once the payment of the tax fee is delayed, you will be required to pay a late payment penalty of 0.04% (zero point zero four percent) of the unpaid amount per day. You are obligated to cover all costs incurred by OMNI, which are related to debt collection activities.

6. In-app payments

6.1. OMNI allows passengers to pay for Services through cards. Directly in the OMNI app (i.e. payment in the app). You hereby authorize us or OMNI to act as your limited commercial agent for the sole purpose of collecting, on your behalf, fares or other fees paid by the passenger through in-app payment. Any payment obligation made by the Passenger through In-App Payment will be considered fulfilled from the moment the payment is made.

6.2. You cannot refuse payment by the passenger through in-app payment or influence the passenger against the use of in-app payment. In case you refuse to accept a payment in the app without just cause, OMNI has the right to charge you a contractual fine of $25 USD for each refusal and/or block your right to use OMNI in case of repetitive behavior.

6.3. OMNI will transfer the amounts collected as In-App Payments, which have been credited to OMNI's bank account in the previous week, to your bank account before the 4th day of the following week. If you request a review of In-App Payment, OMNI may transfer any amounts collected after the review has been completed.

6.4. You have the right to review payment reports in the application in the OMNI Conductor account or application. The reports will show the amounts of In-App Payments in the previous week, as well as the amounts withheld from the Tax Fee. You must notify OMNI of any material circumstances that may affect our obligations to collect and distribute fees paid through in-app payment.

6.5. OMNI is not obligated to pay you the fare owed by the passenger if the payment in the application failed because the passenger's credit card or other payment is canceled or is unsuccessful for other reasons. In such case, we will assist you in requesting the Fare owed by the Passenger, and we will transmit it to you once the Passenger has made the requested payment.

6.6. Before providing the Service Services, you must verify that the service is actually being provided to the correct Passenger or that the Passenger has expressly confirmed that he or she allows other passengers to travel on the Passenger's account. If you make a mistake in identifying the Passenger, and the In-app Payment is charged to a person who has not received or approved the Services for other passengers, then OMNI will reimburse the person for the fare. In such case, you are not entitled to receive the fee. Additionally, for each wrongly applied in-app payment, OMNI has the right to charge you a contractual penalty of up to $20 USD.

6.7. Please note that OMNI will offset Fees paid through In-App Payment against amounts that OMNI is obligated to pay (i.e. Fees for contractual taxes and penalties). OMNI reserves the right to meet any of your financial obligations and OMNI will acquire the right to file a claim against you. OMNI may set off any of its financial liabilities against any financial liabilities it may have against OMNI.

6.8. If OMNI is unable to pay you fees because you do not include your bank account details in your Driver account or if the bank account details have been entered incorrectly, then OMNI will make such payments for 180 days. If you do not notify us of correct bank account details within 180 days from the date on which the right to claim such payments was established, your claim in respect of payment of the Fee will expire.

7. Customer Support

We provide customer technical support regarding the use of OMNI services. OMNI has the right to stop providing customer support services in case you are late with any payments for more than 5 (five) calendar days.

8. Grades and activity

8.1. In order to ensure high quality service and provide additional security to Passengers, you acknowledge that Passengers may provide you with a rating and leave feedback on the quality of the Service Services you have provided. Your average rating will be linked to your driver's account and available to passengers in the OMNI app. If we discover that the rating or comment is not provided in good faith, this rating or comment cannot be projected into your rating calculations.

8.2. In addition to the rating, we measure your activity level and provide you with an activity score, which is based on your activity with respect to accepting, rejecting, not responding, and completing Service requests.

8.3. In order to provide reliable services to Passengers, OMNI may determine a minimum average rating and a minimum activity rating that Drivers must establish and maintain. If, after relevant notification from OMNI, you do not increase your average rating or activity score to the minimum level within the prescribed time period, your Driver account will be automatically suspended temporarily or permanently. We may reverse the suspension of your account if it is justified by external circumstances or if it is detected that the suspension was caused by a system error or false ratings.

9. Market overview and campaigns

9.1. Market overviews. OMNI may send you, through the OMNI Conductor application, SMS, email or other means, market descriptions, in order to increase your knowledge of when passenger demand is highest. Such market descriptions are merely recommendations and do not constitute any obligation for you. Since the general market estimates are based on previous statistics, OMNI will not be able to offer any guarantee that the actual market situation corresponds to the estimates provided in the market overview.

9.2. Campaigns for Passengers. OMNI may from time to time organize various campaigns for Passengers in order to promote the OMNI application. If the Fare paid by Passengers is reduced as part of such campaign, OMNI will pay compensation, equivalent to the monetary value of the benefit offered to Passengers. OMNI may offset the marketing compensation against OMNI's fee.

10. Relationship between you, the country and the passengers

10.1. You hereby acknowledge and agree that OMNI will provide an information society service and we do not provide Services services. By providing services, we act as a marketplace connecting Passengers with Drivers to help them move around cities more efficiently. You acknowledge that you are providing the Service Services on the basis of a contract for the Passenger Services and that you provide the Service Services independently or through a company as an economic and professional activity.

10.2. You acknowledge that no employment contract or employment relationship has been or will be established between you and OMNI. You also acknowledge that there is no joint venture or joint venture between you and OMNI. You may not act as an employee, agent or representative of OMNI or bind any contract on our behalf. If by implication of mandatory laws or otherwise, you are deemed an employee of OMNI, you hereby agree to waive any claim against us that may arise as a result of such implied employment relationship.

10.3. You may not transfer your rights and obligations arising from the General Terms and Conditions to any third party.

11. Subscriptions

Each driver on OMNI needs a monthly subscription that must be paid at the beginning of each month that will allow you to receive trips throughout the subscription month. All drivers must keep their subscriptions active during the subscription months in which they drive. As a driver, you can cancel your OMNI subscription at any time.

Drivers can subscribe to any vehicle type to drive with OMNI. Each driver can register one (1) vehicle with a single phone number within the application. You may only use one vehicle at a time to receive rides.

Cost of subscriptions: Subscription cost varies between each city. Subscription Plans: $99 per month for one region (e.g. San Jose), $149 per month for two regions (e.g. San Jose and San Francisco), $199 per month for three+ regions within the State. You'll pay a small additional fee when you register as a driver, like a background check and an onboarding kit.

It is very important to note the following: You must contact us within 7 days of being charged to receive a refund. We cannot give you a refund for charges that are more than 7 days old.

Cash Payments: If passengers chose to pay in cash, the passenger must pay the cost generated by the invoice in the application at the end of the trip. All cash earnings made by passengers are automatically earnings kept by the driver. The flat application fee for each trip will be deducted from payments made by customers by debit or credit card.

Debit/Credit Card Payments: If passengers chose to pay for the trip with a debit or credit card, or a discount promotion applies, the fare amount will be automatically charged and all earnings will be deposited into the account. bank or driver's debit card on Fridays of each week at the end of the day.

The driver must have a bank account in the name of himself, a family member or a trusted friend.

OMNI retains a fixed application fee, 3.9% that goes to operations and customer support.

We reserve the right to withhold or deduct payments that we determine or believe were in error, fraudulent, illegal, or in violation of the driver's terms or these terms.

Prices are subject to changes and/or variations without prior notice.

12. Processing of personal data

Your personal data will be processed in accordance with the Privacy Notice.

13. Responsibility

12.1. The OMNI App is provided on an "as is" and "as available" basis. OMNI does not represent or warrant that access to the OMNI application will be uninterrupted or error-free. Since the use of the OMNI application to request Services services depends on the behavior of Passengers, OMNI does not guarantee that your use of the OMNI application will result in any request for the Services Service.

12.2. To the maximum extent permitted by applicable law, OMNI is not responsible for any loss or damage you may incur as a result of the use of the OMNI Services, including but not limited to:

any direct or indirect damage to property or monetary loss;

loss of anticipated profits or savings;

loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from business interruption;

loss or inaccuracy of data; and

any other type of loss or damage.

12.3. OMNI's financial liability in connection with violation of the General Terms and Conditions will be limited to $100 USD. You will be entitled to claim damages only if OMNI has deliberately violated the General Terms and Conditions.

12.4. OMNI will not be responsible for the actions or non-actions of the Passenger or passengers and we will not be responsible for any loss or damage that may be suffered by you or your vehicle as a result of actions or non-actions. -Actions of the Passenger or passengers.

12.5. You will be fully responsible for non-compliance with the General Terms and Conditions, or any other applicable law or regulation and must stop and remedy such non-compliance immediately upon receipt of a respective demand from OMNI or any state authority. We will indemnify and hold OMNI harmless for any direct and/or indirect loss and/or damage, loss of profits, expenses, penalties, fines that OMNI may incur in connection with your breach of the General Terms, Agreement and laws and regulations. If Passenger files any claim against OMNI in connection with its provision of Services, then it must compensate OMNI for such damages in full within 7 (seven) days from receipt of the respective request from OMNI. In the event that OMNI has the right to bring any claim against you, you shall compensate us or burden OMNI with legal costs related to the assessment of damages and the presentation of claims related to such compensation.

14. Term and termination

13.1. The conditions expressly specified in these General Terms will come into effect upon submission of the registration application. The agreements and other terms will come into force once the specific document or message has been made available to you and you begin or continue to provide Services in the OMNI application.

13.2. You may terminate the Agreement at any time by notifying OMNI at least 7 (seven) days in advance, after which your right to use the OMNI application. OMNI may terminate the Agreement at any time and for any reason at our sole discretion with at least 3 (three) days' notice.

13.3. OMNI has the right to immediately terminate the Agreement and block your access to the OMNI application without prior notice in case you violate the General Terms and Conditions, applicable laws or regulations, disparage OMNI, or cause damage to the brand, reputation or business of OMNI as determined by OMNI in our sole discretion. In the aforementioned cases, we may, at our sole discretion, prohibit you from registering a new Driver account.

13.4. We may also block your access to the OMNI App and OMNI Driver Account for the investigation period if we suspect a violation of the Agreement or fraudulent activity on your part. The access block will be removed once the investigation refutes such suspicions.

13.5. Our goal is to provide the highest quality service to all Passengers, which is why we are monitoring Driver activity on the OMNI app. If you do not meet the minimum service requirements, such as minimum qualification and activity score, we have the right to immediately terminate the Agreement without giving prior notice.

15. Amendments

14.1. Any changes to the Agreement will become effective after they have been made available to you by email, OMNI or OMNI Driver and you have continued to provide the Services.

14.2. To modify the General Terms, we will post a revised version on the website and give you at least 14 (fourteen) days' notice. If you continue to use the OMNI Services, you will be deemed to have accepted the revised terms.

16. Applicable law and judicial jurisdiction

15.1. The General Terms and Agreements will be governed by and construed and applied in accordance with the laws of California. If the respective dispute resulting from the General Terms and Conditions cannot be resolved through negotiations, then the dispute will be finally resolved in the State of California.

17. Notices

16.1. You are required to notify us immediately of any changes to your contact information.

16.2. Any notice required to be given under the General Terms and Conditions must be sufficiently given if: (i) it is delivered personally, (ii) it is sent by mail with proof of delivery, (iii) it is sent by certified mail, ( iv) sent by e-mail or (v) available through the OMNI application or OMNI Driver Account. Any notice given or sent in accordance with this clause shall be deemed to have been received: (i) if personally delivered, upon delivery to the party; (ii) if delivered by courier, on the date indicated by the courier as the date on which the envelope containing the notice was delivered to the party; (iii) if sent by certified mail, on the tenth day after delivering the document to the post office for delivery to the party; (iv) if available through the OMNI application or OMNI Driver Account, or (v) if sent by email, the day the party receiving the email confirms receipt of the respective email or the second day after sending the email as long as the sender has not received an error notice (notifying that the email was not delivered to the party) and has sent the email again on the next calendar day and has not received a similar error notice .

18. Final provisions

If any provision of the General Terms is found to be unenforceable, the parties must replace the affected provision with an enforceable provision that approximates the intent and economic effect of the affected provision.

All requests for additional information not present on the website, social media or blogs and/or questions or revocations regarding the processing of rates, prices or data, should be directed to our support team.

RIDERS

1 Contractual relationship

The "Terms" govern the access or use of this, as an individual, in the country of applications, web pages, content, products and services, a company registered in the State of California ("OMNI")

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

By accessing and using the Services you may be legally bound by these Terms, which may be considered a contractual relationship between you and OMNI. If you do not agree to these Terms, you may not access or use the Services. These Conditions expressly replace any prior agreements or commitments with you. OMNI may immediately terminate these Terms or any of the Services with respect to you, generally, stop offering or deny access to the Services at any time, at any time and for any reason.

Supplemental terms may apply to certain services, such as policies for a particular event, activity or promotion, and such supplemental terms are communicated in connection with the services available. Supplemental terms are also linked to, and will be considered a part of, the Terms for applicable Service fines. The supplemental terms prevail over the Terms in the event of a conflict with respect to the applicable Services.

OMNI may modify the Conditions relating to the Services when it deems appropriate. Modifications are effective uponOMNI's posting of such updated Terms at this location or the modified policies or supplemental terms on the applicable Service. Your continued access or use of the Services after their posting signifies your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services may be governed by OMNI's Privacy Policy. OMNI may provide a claims processor or an insured or disputes, which may include an accident, involving a third party) and such information or data necessary to resolve the complaint, dispute or conflict.

2. The Services

The services offered by a technology application allow users of OMNI mobile applications or web pages provided as part of the Logistics Services with independent third-party providers of these services, including independent third-party carriers and independent third-party logistics providers, pursuant to an agreement with OMNI or certain affiliates of OMNI ("Third Party Providers"). Unless agreed to by OMNI using a separate written agreement with you, the Services are made available only for your personal, non-commercial use. YOU ACKNOWLEDGE THAT OMNI DOES NOT PROVIDE SERVICING OR LOGISTICS SERVICES OR FUNCTION AS A SERVICE COMPANY AND THAT SUCH SERVICING OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS, WHO ARE NOT EMPLOYED BY IMPOS OR ANY OF ITS AFFILIATES. YOU DECLARE THAT YOU WILL RELEASE THE COMPANY'S EMPLOYEES OR SUPPLIERS FROM ANY LIABILITY FOR ANY LEGAL, TAX OR PERSONAL INSTANCE. IN THE EVENT THERE IS A NEED FOR CLARIFICATION, YOU ACKNOWLEDGE THAT LIABILITY WILL BE ALLOCATED TO THE CONTRACTOR/GRIEF AFFILIATE OR THE COMPANY OMNI, DOMICILED IN THE STATE OF CALIFORNIA, AS APPROPRIATE AND APPLICABLE.

License.

Subject to your compliance with these Terms, OMNI grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services ; and (ii) access and use of any content, information and related materials that may be made available through the Services, in any case only for your personal, non-commercial use. OMNI and its licenses reserve any authorization that has not been granted.

Restrictions.

You may not: (i) remove any copyright, trademark or other proprietary notices from any part of the Services; (ii) reproduce, modify, prepare derivative works based on the Services, distribute, license, rent, resell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services, except as expressly permitted by OMNI; (iii) decompile, reverse engineer or disassemble the Services, except as permitted by applicable law; (iv) link, mirror or frame any part of the Services; (v) cause or launch any program or script for the purpose of scraping, indexing, analyzing or otherwise mining data from any portion of the Services or unduly overburden or block the operation and/or functionality of any aspect of the Services ; or (vi) attempt to gain unauthorized access to or damage any aspect of the Services or its related systems or networks.

Provision of services.

You acknowledge that portions of the Services may be made available under various OMNI branding or ordering options associated with the Service or fulfillment services. You further acknowledge that the Services may be made available under such branding or ordering options by or in connection with: (i) certain subsidiaries or affiliates of OMNI; or (ii) Independent third party providers, including Service network company drivers, Service charter permit holders, or holders of similar Service permits, authorizations or licenses.

Third Party Services and Content.

The Services may be made available or accessible in connection with third party services and content (including advertising) that OMNI does not control. You acknowledge that different terms and privacy policies may apply to your use of such third-party services and content. OMNI does not endorse such third party services and content and in no event shall OMNI be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their corresponding international subsidiaries or affiliates will be third-party beneficiaries in this contract if you access the Services using Applications developed for mobile devices with iOS, Android, Microsoft Windows, respectively. These third party beneficiaries are not a party to this agreement and are not responsible for the provision or support of the Services in any way. Your access to the Services using these devices is subject to the conditions set forth in the applicable third-party beneficiary terms of service.

Ownership.

The Services and all rights relating thereto are and will remain the property of OMNI or its licensors. Neither these Terms nor your use of the Services transfer or grant you any rights: (i) in or in connection with the Services, except as to the limited license granted above; or (ii) to use or mention in any way the company names, logos, product and service names, trademarks or service marks of OMNI or its creators.

3. Your use of the Services

User account.

In order to use most aspects of the Services, you must register and maintain an active personal user account for the Services ("Account"). To obtain an Account you must be at least 18 years old, or the legal age of majority (if different than 18 years). Account registration requires you to provide OMNI with certain personal information, such as your name, address, mobile phone number, as well as at least one valid payment method (either a credit card or an accepted payment partner). . You agree to keep the information in your Account accurate, complete and up-to-date. Your failure to maintain accurate, complete and up-to-date Account information, including having an invalid or expired payment method, may result in your inability to access and use the Services or in OMNI's termination of these Terms. celebrated with you. You are responsible for all activity that occurs under your Account and you agree to keep your Account username and password secure and secret at all times. Unless otherwise permitted by OMNI in writing, you may only hold one Account.

User requirements and conduct.

The Service is not available for use by persons under 18 years of age. You may not authorize third parties to use your Account, nor may you allow persons under 18 years of age to receive Services or logistics services from Third Party providers, unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services and may only use the Services for lawful purposes (e.g., not for illegal or hazardous materials). In your use of the Services, you will not cause any hindrance, inconvenience, inconvenience or property damage to either the Third Party Provider or any other party. In some cases, you may be required to provide identification for access or use of the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide identification.

Text messages.

By creating an Account, you agree that the Services may send you informational text messages (SMS) as part of the normal business of your use of the Services. You acknowledge that requesting not to receive informational text messages (SMS) may affect your use of the Services.

Promotional codes.

OMNI may, in its sole discretion, create promotional codes that may be redeemed for Account credit or other items or benefits related to the Services and/or the services of a Third Party provider, subject to any additional conditions that OMNI establishes on the basis of each promotional code ("Promotional Codes"). You agree that Promotional Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any way, or made available to the general public (whether posted in a public forum or otherwise), except with the permission of OMNI; (iii) may be invalidated by OMNI at any time for any reason without liability to OMNI; (iv) may be used only in accordance with the specific conditions that OMNI establishes for said Promotional Code; (v) are not valid as cash; and (vi) may expire before you use them. OMNI reserves the right to withhold or deduct credit or other items or benefits obtained through the use of the Promotional Codes by you or any other user in the event that OMNI determines or believes that the use or redemption of the Codes promotional codes was erroneous, fraudulent, illegal or in violation of the terms of the Promotional Code or these Conditions.

Content provided by the User.

OMNI may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to OMNI through the Services textual, audio and/or visual content and information, including comments and opinions regarding to the Services, initiating support requests, as well as submitting entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to OMNI, you grant a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works from, distribute, publicly display, publicly perform or otherwise exploit such User Content in any manner in all formats and distribution channels, now known or hereafter devised (including in connection with the Services and OMNI's business and on third party sites and services), without further ado notice or consent from you and without requiring payment to you or any other person or entity.

You represent and warrant that: (i) you are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and permissions necessary to grant OMNI the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, posting or otherwise making available such User Content, nor OMNI's use of the User Content as permitted herein, will infringe, misappropriate or violate a third party's intellectual property or proprietary rights or rights of publicity or privacy or will result in the violation of any applicable law or regulation.

You agree not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, tortious or otherwise offensive, as determined by OMNI, in its sole discretion, whether or not such material may be protected by law. OMNI may, in its sole discretion and at any time and for any reason, without prior notice to you, review, monitor or remove User Content, but is not obligated to do so.

Network access and devices.

You are responsible for obtaining data network access necessary to use the Services. Your mobile network's message and data rates and fees may apply if you access or use the Services from a wireless device and you will be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. OMNI does not guarantee that the Services, or any part thereof, will function on any particular hardware or device. In addition, the Services may be subject to malfunctions or delays inherent to the use of the Internet and electronic communications.

4. Payment

You understand that use of the Services may result in charges for services or goods you receive from a Third Party Provider ("Charges"). After you have received services or obtained goods through the use of the Services, OMNI will facilitate your payment of the applicable Fees on behalf of the Third Party Provider as the Third Party Provider's limited collection agent. Payment of the Charges in such manner shall be deemed to be payment made directly by you to the Third Party Provider. The Charges will include applicable taxes where required by law. Fees paid by you are final and non-refundable, unless otherwise determined by OMNI. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. OMNI will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.

All Charges are payable immediately and payment will be facilitated by OMNI using the preferred payment method indicated in your Account, following which OMNI will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid, or otherwise unable to charge you, you agree that OMNI, as the limited collection agent of the Third Party Provider, may use a secondary payment method on your Account, if available.

OMNI, at any time and in its sole discretion, reserves the right to establish, eliminate and/or revise Charges for any or all services or goods obtained through the use of the Services. Additionally, you acknowledge and agree that applicable Fees in certain geographic areas may increase substantially during periods of high demand. OMNI will use reasonable efforts to inform you of the Charges that may apply, provided that you are responsible for the Charges incurred on your Account, regardless of whether you are aware of such Charges or the amounts thereof. OMNI may, from time to time, provide certain users with promotional offers and discounts that may result in charging different amounts for these or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts , unless they are also made available to you, will not count towards your use of the Services or the Charges applied to you. You may choose to cancel your request for the services or goods of a Third Party Provider at any time prior to the arrival of that Third Party Provider, in which case you may be charged a cancellation fee.

This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Except with respect to Taxi Services services ordered through the Application, OMNI does not designate any part of your payment as a tip or gratuity to the Third Party Provider. Any representation by OMNI (on the OMNI website or in OMNI marketing materials) that tipping is “voluntary,” “not required,” and/or “included” in payments made for the services or goods provided is not intended to suggest that OMNI provides additional amounts, other than those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as gratuity to any Third Party Provider that provides you with services or goods obtained through the Services, you are under no obligation to do so. The rewards are voluntary. After you have received goods or services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about the Third Party Provider.

Repair or cleaning fee.

You will be responsible for the cost of repairing any damage or necessary cleaning to the Third Party Provider's vehicles and property caused by the use of the Services on your Account in excess of normal "wear and tear" damage. necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for repair or cleaning, and such repair or cleaning is verified by OMNI in its reasonable discretion, OMNI reserves the right to facilitate payment for the reasonable cost of such repair or cleaning in name of the Third Party Provider using your payment method indicated in your Account. These amounts will be transferred by OMNI to the corresponding Third Party provider and are non-refundable.

5. Waivers; Limitation of liability; Indemnity.

Resignation.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OMNI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY STATED IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, OMNI MAKES NO REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY OF THE SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR UNINTERRUPTED. ERROR FREE. OMNI DOES NOT WARRANT THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY SUPPLIERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES AND ANY SERVICES OR GOODS REQUESTED IN CONNECTION THEREWITH REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of liability.

OMNI SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OR FOR ANY DAMAGES RELATING TO, IN CONNECTION WITH, OR OTHERWISE ARISING FROM ANY USE OF THE SERVICES, EVEN IF OMNI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OMNI WILL 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 YOU AND ANY THIRD PARTY SUPPLIER, EVEN IF OMNI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OMNI SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OMNI'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY SERVICE PROVIDERS PROVIDING SERVICES ORDERED THROUGH SOME ORDERING BRANDS MAY OFFER CAR SHARING OR PEER-TO-PEER SERVICES AND MAY NOT HAVE THE PROFESSIONAL LICENSE OR PERMIT. IN NO EVENT SHALL OMNI'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND SUITS EXCEED FIVE HUNDRED DOLLARS ($500).

YOU MAY USE OMNI SERVICES TO REQUEST AND SCHEDULE SERVICES, GOODS OR LOGISTICS WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT OMNI HAS NO LIABILITY TO YOU IN CONNECTION WITH ANY SERVICES, GOODS OR LOGISTICS PROVIDED TO YOU BY THIRD PARTY PROVIDERS NOT AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 ARE NOT INTENDED TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

OMNI IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE OMNI PLATFORM OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE DO NOT PURCHASE INSURANCE NOR ARE WE RESPONSIBLE FOR PERSONAL BELONGINGS THAT DRIVERS OR PASSENGERS LEAVE IN THE VEHICLE. BY USING THE OMNI PLATFORM AND PARTICIPATING IN THE SERVICES, YOU AGREE TO ACCEPT SUCH RISKS AND AGREE THAT OMNI IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF USERS ON THE OMNI PLATFORM OR FOR PARTICIPATING IN THE SERVICES.

Indemnity.

You agree to hold harmless and be liable to OMNI and its officers, directors, employees and agents for any and all claims, demands, losses, liabilities and expenses (including attorneys' fees) arising from: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) OMNI's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

6. Other provisions

Copyright Infringement Claims.

Claims of copyright infringement should be sent to OMNI's designated agent. Visit the OMNI website for designated addresses and additional information.

Notifications.

OMNI may provide notice by means of a general notice on the Services, by email sent to your email address in your Account, or by written communication sent to your address, as provided in your Account. You may notify OMNI by email or by contacting support team.

General disposition.

You may not assign or transfer these Terms, in whole or in part, without the prior written consent of OMNI. You give your approval to OMNI to assign or transfer these Terms, in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of the capital, business or assets of OMNI; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, OMNI or any Third Party Provider as a result of the contract between you and OMNI or use of the Services.

If any provision of these Terms is deemed unlawful, void or unenforceable, whether in whole or in part, under any law, such provision or part thereof will be deemed not to form part of these Terms, notwithstanding the legality, validity and enforceability of the remaining provisions of these Conditions will not be affected. In that case, the parties must replace said illegal, void or unenforceable provision, in whole or in part with a legal, valid and enforceable provision that has, to the extent possible, a similar effect to that of the illegal, void provision. or unenforceable, given the contents and purpose of these Conditions. These Conditions constitute the entire contract and understanding between the parties in relation to the subject matter and supersede and replace all prior or contemporaneous contracts or agreements in relation to such subject matter. In these Conditions, the words "included" and “includes” mean “including, but not limited to”.

All requests for additional information not present on the website, social media or blogs and/or questions or revocations regarding the processing of rates, prices or data, should be directed to support team.

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