OneDG Terms of Use
Last updated: February 5, 2022
These Terms of Use constitute a legally binding agreement (the “Agreement”) between OneDG Inc. and You, its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “OneDG”, “we”, or “us”) governing your use of the OneDG App (the “OneDG App”), Website and Technology Platform (collectively, the “OneDG Platform”).
PLEASE NOTE THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN ONEDG AND YOU MAY BE BROUGHT ( SEE SECTION 17 BELOW ). THESE PROVISIONS REQUIRE YOU, WITH LIMITED EXCEPTIONS, TO SUBMIT CLAIMS YOU HAVE AGAINST OneDG TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CLASS OR CLASS ACTION OR PROCEEDING. REPRESENTATIVE. AS A DRIVER OR DRIVER PLAINTIFF, YOU HAVE THE OPTION TO OPT OUT OF ARBITRATION WITH REGARD TO CERTAIN CLAIMS, AS PROVIDED IN SECTION 17.
By entering into this Agreement and/or using or accessing the OneDG Platform, you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions of Section 17) and agree to all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE OneDG PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE OneDG PLATFORM. If you use the OneDG platform in another country, you agree to be subject to the OneDG terms of use for that country.
When using the OneDG Platform, you also agree to conduct yourself in accordance with our Community Guidelines, which will form part of this agreement between you and OneDG.
1. The OneDG platform
The OneDG platform provides a marketplace where, among other things, individuals seeking transportation to certain destinations (“passengers”) can be matched with transportation options to those destinations. One option for Passengers is to request a ride from rideshare drivers who drive to or through these destinations (“Drivers”). Drivers and Passengers are collectively referred to herein as “Users” and the driving services provided by Drivers to Passengers are referred to herein as “Ridepool Services”. As a user, you authorize OneDG to match you with drivers or passengers based on factors such as your location, requested pickup location, estimated pickup time, your destination, user preferences, driving mode and platform effectiveness, and to cancel an existing match and/or a new match with a Driver or Passenger based on the same considerations. Any decision by a user to offer or accept ride sharing services is a decision made in that user’s sole discretion. Each rideshare service provided by a driver to a passenger constitutes a separate agreement between those persons.
In some markets, passengers may have the option to rent bicycles or scooters through the OneDG platform to travel to their destination. In some markets, these bikes and scooters are owned by OneDG. In other markets, OneDG operates a bike share or scooter share program on behalf of third parties. In either case, your rental and use of bicycles and scooters through the OneDG Platform is subject to additional agreements between OneDG and you and third parties, as applicable to the particular market (“Additional Agreements” ). Please read carefully any applicable additional agreements. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF AN ADDITIONAL AGREEMENT, YOU MAY NOT RENT OR USE THE BIKES OR SCOOTERS IN THIS MARKETPLACE. Please read carefully any applicable additional agreements. In the event of any conflict between this Agreement and the terms and conditions of any Additional Agreement, the terms of this Agreement shall control conditions of any Additional Agreement.
2. Modification of the Agreement
OneDG reserves the right to modify the terms and conditions of this Agreement, and such modifications will not be binding on you until your acceptance of the modified Agreement. OneDG reserves the right to change any information on the pages referenced in the hyperlinks in this Agreement from time to time, and such changes will be effective when posted. Continued use of the OneDG Platform or Ridesharing Services after any such changes will constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that changing this Agreement will not create a new opportunity to opt out of arbitration (if applicable).
3. Eligibility
The OneDG Platform may only be used by persons who have the right and authority to enter into this Agreement and who are fully able and competent to satisfy the terms, conditions and obligations herein. The OneDG platform is not available to users whose user account has been temporarily or permanently deactivated. You may not authorize others to use your user account and you agree that you are the only authorized user of your account. To use the OneDG platform, each user must create a user account. Each person may only create one user account and OneDG reserves the right to disable any additional or duplicate accounts. Your participation in certain OneDG programs and use of certain OneDG products or services may be subject to additional eligibility criteria as determined by OneDG.
By becoming a User, you represent and guarantee that you are at least 18 years old. Notwithstanding the foregoing, if you are the parent or legal guardian of a minor 16 or 17 years of age, you may create a OneDG Account for such minor to use the OneDG Platform subject to the following requirements and restrictions:
(a) you ensure that the minor’s use of the OneDG Platform is limited only to access and use of the bike-sharing or scooter-sharing services where expressly permitted by the additional agreement applicable to these services,
(b) you determine that the bike share and scooter share services are suitable for the minor,
(c) you ensure that the minor’s use of the OneDG platform and the bike share services -service or applicable self-service scooters is done in accordance with and agreeing to all applicable safety instructions and warnings in this Agreement, any applicable Supplemental Agreements, and the OneDG App,
(d) you ensure that the minor does not requests or accepts any rideshare service if not accompanied by you or an authorized guardian,
(e) you explain the terms of this Agreement to the minor, and
(f) you expressly guarantee acceptance by the minor of the terms of this Agreement.
By creating a OneDG Account for such minor, you hereby grant permission and consent to the Agreement on behalf of the minor, and you assume all responsibility and liability for the minor’s use of the OneDG Platform as provided by the terms of this Agreement and any applicable additional agreements. You will be responsible for any breach of the above representations, warranties and/or this Agreement, and/or any attempt by the minor to disaffirm this Agreement. Furthermore, you hereby represent that you are fully authorized to execute this Agreement on behalf of yourself and all other parents or legal guardians of the minor passenger.
4. Charges
As a Passenger, you understand that requesting or using the Rideshare Services may result in charges to you (“Fees”). Fees for bicycles and scooters are covered in the applicable supplemental agreement. Fees for rideshare services include fares and other applicable fees, tolls, surcharges and taxes as set forth on your market’s OneDG Cities page ( www.one-dg.com/cities ), as well as any gratuities to the driver that you you choose to pay. OneDG has the authority and reserves the right to determine and change prices by posting applicable fare terms on the OneDG Cities page in your market or by quoting you a price for a specific ride at the time you make a request. Prices may vary depending on the type of service you request (e.g. shared, economy, extra seats, luxury) as described on the OneDG Cities page for your market. You are responsible for reviewing the OneDG Cities page or applicable quote in the OneDG App and will be responsible for all charges incurred under your user account, regardless of your knowledge of such charges or their amounts.
Rates: There are two types of rates: variable and quoted.
Fees and other Charges:
General
5. Payments
If you are a Driver, you will receive payment for your provision of Rideshare Services in accordance with the terms of the Driver Addendum, which will form part of this Agreement between OneDG and you.
6. OneDG Communications
By entering into this agreement or using the OneDG Platform, you agree to receive communications from us or communications related to the OneDG Platform at any of the telephone numbers provided to OneDG by you or on your behalf, including via email, SMS, calls and push notifications. You agree that text messages, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from OneDG, its affiliates and/or Drivers may include, but are not limited to: operational communications regarding your user account or use of the OneDG platform or rideshare services, use bikes and scooters through the OneDG Platform, updates regarding new and existing features on the OneDG Platform, communications regarding marketing or promotions managed by us or our third party partners, and news regarding OneDG and developments of the industry. If you change or deactivate the phone number you provided to OneDG, you agree to update your account information to prevent us from inadvertently contacting anyone who acquires your old number. Standard text messaging rates charged by your wireless carrier will apply to text messages we send.
IF YOU WISH TO OPT-OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAILS LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU CAN SEND “END” TO ( Extension No. coming soon ) FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVING PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USE OF THE OneDG PLATFORM OR RELATED SERVICES. IF YOU WISH TO OPT-OUT OF ALL TEXTS OR CALLS FROM OneDG (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN SEND THE WORD “STOPALL” TO ( Extension No. coming soon ) FROM THE RECEIVING MOBILE DEVICE MESSAGES, BUT YOU ACKNOWLEDGE THAT REFUSAL TO RECEIVE ALL TEXTS MAY IMPACT YOUR USE OF THE OneDG PLATFORM OR RELATED SERVICES.
7. Your Information
Your information is any information that you provide, post or publish on or through the OneDG Platform (including any profile information you provide) or send to other users (including via in-app comments). (your “Information”). You consent to our using your information to create a user account that will allow you to use the OneDG platform and participate in ride-sharing services. Our collection and use of personal information in connection with the OneDG Platform and Ridesharing Services is consistent with the OneDG Privacy Policy available at www.one-dg.com/privacy. You are solely responsible for your information and your interactions with other members of the public, and we act only as a passive conduit for your online publication of your information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your information to be accurate, current and complete. To enable OneDG to use your information for the purposes described in the Privacy Policy and this Agreement, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (via multiple tiers) right and license to exercise any copyright, publicity and database rights you have in your information, and to use, copy, perform, display and distribute such information to prepare derivative works, or incorporate into other works , this information, in any media now known or not currently known. OneDG does not assert any ownership rights in your information; rather, as between you and OneDG, subject to the rights granted to us in this Agreement, you retain full ownership of all of your information and all intellectual property rights or other proprietary rights associated with your information.
8. Promotions, sponsorships and loyalty programs
OneDG, in its sole discretion, may offer promotions, sponsorship programs and loyalty programs with different features to any User or potential User. These promotions and programs, unless directed to you, will not impact your agreement or relationship with OneDG. OneDG reserves the right to withhold or deduct credits or benefits earned through a promotion or program in the event OneDG determines or believes that redemption of the promotion or receipt of the credit or the benefit was erroneous, fraudulent, illegal or in violation of the applicable Promotion or Program Terms or this Agreement. OneDG reserves the right to terminate, interrupt or cancel any promotion or program at any time and in its sole discretion without notice.
Currently, the OneDG Referral Program encourages you to refer your friends and family to become new users of the OneDG Platform in your country (the “Referral Program”). Your participation in the Referral Program is subject to this Agreement and the Additional Referral Program Rules.
9. Restricted Activities
With respect to your use of the OneDG platform and your participation in carpooling services, you agree not to:
a. impersonate any person or entity;
b. stalk, threaten or otherwise harass any person or carry weapons;
c. violate any law, statute, rule, permit, ordinance or regulation;
d. interfere with or disrupt the OneDG Platform or servers or networks connected to the OneDG Platform;
e. post information or interact on the OneDG Platform or Rideshare Services in a fraudulent, defamatory, abusive, obscene, profane, sexual, harassing or unlawful manner;
f. use the OneDG Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyrights, patents, trademarks, trade secrets or other proprietary rights or rights of publicity or confidentiality;
g. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the OneDG Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system , personal data or information;
h. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted via the OneDG Platform;
i. “frame” or “mirror” any part of the OneDG Platform, without our prior written permission or use meta tags or code or other devices containing a reference to us in order to direct any person to any other website for any purpose whether it be ;
j. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any part of the OneDG Platform;
k. rent, lease, loan, sell, redistribute, license or sublicense the OneDG Platform or access any part of the OneDG Platform;
l. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine,” or in any way reproduce or circumvent the structure of navigation or presentation of the OneDG platform or its Content;
m. create a direct or indirect link to other websites;
n. transfer or sell your user account, password and/or username, or other user information to any other party;
o. discriminate against or harass anyone based on race, national origin, religion, sex, gender identity or expression, physical or mental disability, medical condition , marital status, age or sexual orientation;
p. violate any of the rules of the Referral Program if you participate in the Referral Program;
q. cause any third party to engage in the above restricted activities.
10. Driver Representations, Warranties and Agreements
By providing rideshare services as a driver on the OneDG platform, you represent, warrant and agree that:
a. You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authorizations to provide passenger transportation in all jurisdictions in which you provide rideshare services.
b. You own or have the legal right to operate the vehicle you use when providing rideshare services; this vehicle is in good working order and meets industry safety standards and all applicable legal and state motor vehicle requirements for a vehicle of this type; and all applicable safety recalls have been corrected in accordance with the manufacturer’s instructions.
c. You will not engage in reckless driving behavior, drive only safely, operate a vehicle that is unsafe to operate, allow an unauthorized third party to accompany you in the vehicle while providing rideshare services, will not provide services as a driver under the influence of alcohol or drugs, or take any action that harms or threatens to harm the safety of the OneDG community or third parties.
d. You will only provide rideshare services using the vehicle that has been reported and approved by OneDG, and for which a photo has been provided to OneDG, and you will not transport more passengers than can be seated safely in this vehicle (and no more than seven (7) passengers in any case).
e. When providing the Rideshare Services, you will not operate as a common or common carrier or taxi service, accept street calls, charge for rides (except as expressly provided in the this Agreement), will not require a passenger to pay cash or use a credit card reader, accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
f. You will not attempt to defraud OneDG or passengers on the OneDG platform or in connection with your provision of rideshare services. If we suspect that you have engaged in fraudulent activity, we may withhold applicable fares or other payments for the trip(s) in question and take any other action against you as required by law.
g. You will not discriminate against passengers with disabilities and you agree to review OneDG’s anti-discrimination policies .You will make reasonable accommodations in accordance with the law and our service animal policy and our wheelchair policy for passengers who travel with their service animals or who use wheelchairs (or other mobility devices) that can be folded for safe and secure storage in the trunk or seat rear of the car.
h. You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any additional authorizations necessary to facilitate our access to these records during the term of the Agreement.
i. You have a valid liability insurance policy (the coverage amounts of which comply with all applicable legal requirements) that names or schedules you for the use of the vehicle you use to provide rideshare services.
j. You will pay all applicable federal, state and local taxes based on your provision of rideshare services and any payments you receive.
11. Intellectual property
All intellectual property rights on the OneDG platform are the absolute and complete property of OneDG. These rights include database rights, copyrights, design rights (whether registered or not), trademarks (whether registered or not) and other similar rights anywhere where they exist in the world, as well as the right to seek their protection. All other trademarks, logos, service marks, company or product names displayed on the OneDG Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of OneDG. OneDG shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
OneDG and other OneDG logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of OneDG in Canada, the United States and/or other countries ( collectively, the “OneDG Marks”). If you provide Rideshare Services as a Driver, OneDG grants you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the OneDG Marks only on OneDG stickers/decals, OneDG Amp and any other OneDG branded items provided directly to you by OneDG in connection with the provision of the Ridesharing Services (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without the prior written permission of OneDG, which it may refuse at its sole discretion. The OneDG logo (or any OneDG mark) may not be used in any manner that is likely to cause confusion, including, but not limited to: the use of any OneDG mark in a domain name or code. OneDG sponsorship, or the use of a OneDG mark as a social media handle or name, avatar, profile picture, icon, favicon or banner. You may identify yourself as a driver on the OneDG platform, but you may not misidentify yourself as OneDG, an employee of OneDG or a representative of OneDG.
You acknowledge that OneDG is the owner and licensor of the OneDG Marks, including all goodwill associated therewith, and that your use of the OneDG logo (or any OneDG Mark) will not confer any interest in or ownership of the OneDG Marks in you, but will instead apply for the benefit of OneDG. You agree to use the OneDG logo strictly in accordance with the OneDG brand guidelines, as they may be provided to you and revised from time to time, and to immediately cease any use that OneDG deems non-compliant or otherwise unacceptable.
You agree not to:
You agree not to rent, lease, loan, sell or otherwise redistribute the OneDG Driver Amplifier, nor manufacture, produce, print, sell, distribute, purchase or display counterfeit/inauthentic OneDG Driver Amplifiers or other OneDG brands or (including but not limited to signage, stickers, clothing or decals) from any source other than directly from OneDG.
Violation of any provision of this license may result in immediate termination of the license, at OneDG’s sole discretion, a takedown request sent to the appropriate ISP or social media platform, and/or a uniform dispute resolution procedure. relating to domain names (or equivalent procedure). If you create any materials (physical or digital) bearing the OneDG trademarks (in violation of this Agreement or otherwise), you agree that, upon creation, OneDG will exclusively own all right, title and interest in and to such materials, including including any modification of the OneDG Marks or derivative works based on the OneDG Marks or OneDG copyrights. You further agree to assign any interest or right you may have in such materials to OneDG, and to provide information and execute all documents reasonably requested by OneDG to enable OneDG to formalize such assignment.
OneDG respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any content on the OneDG Platform infringes your copyright, please review our Copyright Policy for instructions on how to file a copyright complaint.
12. Judgment of Disclaimer
The following judgments of disclaimer are issued on behalf of OneDG, our affiliates, subsidiaries, parents, successors and assigns, and each of our officers, directors, employees, agents and shareholders respective.
OneDG does not provide transportation services and OneDG is not a carrier. OneDG is not a common carrier or common carrier. It is up to the Driver to decide whether or not to offer a ride to a Passenger contacted via the OneDG Platform, and it is up to the Passenger to decide whether or not to accept a ride from any Driver contacted via the OneDG Platform. We cannot guarantee that any driver or passenger will perform an organized transportation service. We have no control over the quality or safety of transportation resulting from rideshare services.
The OneDG Platform is provided “as is” and without any warranties or conditions, express, implied or statutory. We do not guarantee or promise any specific results from the use of the OneDG Platform and/or the Rideshare Services, including the ability to provide or receive Rideshare Services at any time or location. OneDG reserves the right, for example, to limit or eliminate access to the OneDG platform for ride-sharing services in specific geographic areas and/or at specific times based on commercial viability, health concerns public or changes to the law. To the fullest extent permitted by law, we expressly disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the OneDG Platform or the Ridesharing Services will be accurate, complete, reliable, current, secure, uninterrupted, always available or error-free, or meet your requirements, that any defect in the OneDG Platform will be corrected, or that the OneDG platform is free of viruses or other harmful components. We disclaim all responsibility and no guarantee is given regarding the connectivity and availability of the OneDG platform or the carpooling services.
We cannot guarantee that each Passenger or Driver is who they claim to be. Please use common sense when using the OneDG platform and rideshare services, including looking at photos of the driver or passenger you are matched with to ensure it is the same person you see in person. Please note that there are also risks of dealing with minors or persons acting under false pretenses, and we accept no liability for any content, communications or other use of or access to the OneDG Platform by persons under 18 years of age in violation of this Agreement. We encourage you to communicate directly with each potential driver or passenger before committing to an organized transportation service.
OneDG is not responsible for the conduct, whether online or offline, of any user of the OneDG Platform or Ridesharing Services. You are solely responsible for your interactions with other Users. We do not take out insurance and are not responsible for personal effects left in the car by Drivers or Passengers. By using the OneDG Platform and participating in the Rideshare Services, you agree to accept these risks and agree that OneDG is not responsible for the acts or omissions of users on the OneDG Platform or in participating in the Rideshare Services.
You are responsible for the use of your user account and OneDG expressly disclaims any liability arising from the unauthorized use of your user account. If you suspect that an unauthorized party is using your user account or suspect any other breach of security, you agree to notify us immediately.
Others may obtain information about you that you provide, post or publish on or through the OneDG Platform (including any profile information you provide), send to other users or share during the Services. rideshare, and use this information to harass or harm you. We are not responsible for the use of personal information that you disclose to other users on the OneDG platform or through the ride sharing services. Please carefully select the type of information you post on the OneDG Platform or through Ridesharing Services or communicate to others. We assume no liability whatsoever, regardless of the form of action, for the acts or omissions of other users (including unauthorized users, or “hackers”).
Any opinions, advice, statements, offers or other information or content regarding OneDG or made available through the OneDG Platform, but not directly by us, are those of their respective authors and should not necessarily be relied upon. Authors like them are solely responsible for this kind of content. Under no circumstances will we be liable for any loss or damage arising from your reliance on information or other content posted by third parties, whether on the OneDG Platform or otherwise. We reserve the right, but have no obligation, to monitor material posted on the OneDG Platform and to remove any material that, in our sole opinion, violates, or is alleged to violate, the law or this Agreement or which may be offensive, illegal, or which could violate the rights, harm or threaten the safety of Users or other people.
Location data provided by the OneDG platform is for basic location purposes only and is not intended for use in situations where precise location information is required or where erroneous, inaccurate or incomplete location data may result in death, personal injury, property or environmental damage. Neither OneDG nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of any location data tracked or displayed by the OneDG Platform. Any of your information, including location-based data, that you upload, provide or post to the OneDG Platform may be accessible to OneDG and certain users of the OneDG Platform.
OneDG advises you to use the OneDG Platform with a data plan with unlimited or very high data usage limits, and OneDG will not be responsible for any fees, costs, or overage fees associated with any data plan you use to access the OneDG platform.
This paragraph applies to any version of the OneDG platform that you acquire from the Apple App Store. This Agreement is between you and OneDG. Apple, Inc. (“Apple”) is not a party to this Agreement and has no obligations with respect to the OneDG Platform. OneDG, not Apple, is solely responsible for the OneDG Platform and its content, as set forth below. However, Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. This Agreement incorporates by reference the Apple Licensed Application End User License Agreement , for purposes of which you are the “End User.” If there is a conflict between the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement will control.
As a Driver, you may be able to use “OneDG Nav built by Google” while providing Ridesharing Services on the Platform. Passengers and drivers can also use Google Maps when using the OneDG app. In both cases, you agree that Google may collect your location data when the OneDG application is running in order to provide and improve Google’s services that this data may also be shared with OneDG in order to improve its operations, and that Google’s terms and privacy policy will apply to such use.
OneDG shall not be in breach of this Agreement or liable for any failure or delay in performing any obligations under this Agreement if such failure or delay results from events, circumstances or causes beyond its control. reasonable control, including (without limitation) natural disasters or acts of God; acts of terrorism; conflicts or work stoppages; war; government action; epidemic or pandemic; chemical or biological contamination; strikes, riots or acts of national or international terrorism; quarantines; national or regional emergencies; or any other cause, whether similar in nature to the foregoing or otherwise, beyond the reasonable control of the party. All dates of Service under this Agreement affected by a Force Majeure Event will be billed for the duration of such Force Majeure Event. The parties hereby agree, where possible, not to cancel but to postpone the relevant obligations as soon as possible after the cessation of the force majeure condition.
13. State and Local Disclosures
Some jurisdictions require additional information from you. You can view all disclosures required by your local jurisdiction at www.one-dg.com/conditions/disclosures . We will update the disclosures page as jurisdictions add, remove, or change these required disclosures, so please check back regularly for updates.
14. Indemnity
You will defend, indemnify and hold harmless OneDG, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents or shareholders, from any claim, action, suit, loss, cost, liability and expenses (including reasonable attorneys’ fees) relating to or arising from your use of the OneDG Platform and your participation in the Ridesharing Services, including:
(1) your violation of this Agreement or the documents it incorporates by reference;
(2) your violation of any law or the rights of a third party, including drivers, passengers, other motorists and pedestrians, as a result of your own interaction with that third party;
(3) any allegation that any material you submit or transmit through the OneDG Platform to us or us infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of ‘a third ;
(4) your ownership, use, or operation of a motor vehicle or passenger vehicle, including your provision of rideshare services as a driver; and/or
(5) any other activity in connection with the Ridesharing Services. This indemnity will apply without regard to the negligence of any party, including any indemnified person.
15. Limitation of Liability
IN NO EVENT SHALL OneDG, INCLUDING OUR SUBSIDIARIES, AFFILIATES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SHAREHOLDERS (COLLECTIVELY “OneDG” FOR THE PURPOSES OF THIS SECTION), WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MANAGED OR TRANSMITTED BY THE OneDG PLATFORM, SERVICE INTERRUPTIONS OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE OneDG PLATFORM, THE RIDESHARE SERVICES OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF US OR OUR AGENTS OR REPRESENTATIVES ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE OneDG PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT OneDG HAS NO LIABILITY TO YOU REGARDING ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED BY PROVIDERS THIRD PARTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
16. Duration and Termination
This contract comes into force upon your acceptance of this agreement. This Agreement may be terminated:
a) by the User, without reason, upon seven (7) days’ written notice to OneDG; or
(b) by either party immediately, without notice, upon any material breach of this Agreement by the other party, including, but not limited to, any violation of Section 9 or breach of Section 10(a) through (i) of this Agreement.
Additionally, OneDG may terminate this Agreement or deactivate your user account immediately in the event that:
(1) you are no longer qualified to provide rideshare services or to operate the approved vehicle under any applicable law, rule, permit, ordinance or regulation;
(2) you fall below OneDG’s star rating or cancellation threshold;
(3) OneDG believes in good faith that such action is necessary to protect the security of the OneDG community or third parties, provided that in the event of deactivation in accordance with (1) through (3) above, you will be notified of the potential or actual deactivation and an opportunity to attempt to resolve the problem to the reasonable satisfaction of OneDG before OneDG permanently terminates the Agreement. For all other violations of this Agreement, you will be given notice and an opportunity to cure the violation. If the breach is timely cured and to OneDG’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (pertaining to the License), 11-12, 14-19 and 21 shall survive any termination or expiration of this Agreement.
17. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
(a) Binding Arbitration Agreement between you and OneDG
YOU AND OneDG MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLVE DISPUTES IN COURT BY A JUDGE OR A JURY AND AGREE TO RESOLVE ANY DISPUTE THROUGH ARBITRATION, as set forth below. This agreement to arbitrate (“Agreement to Arbitrate”) is governed by the Federal Arbitration Act (“FAA”); but if the FAA is unenforceable for any reason, this arbitration agreement shall be governed by the laws of the State of Delaware, including Del. Title code. 10, § 5701 et seq., without regard to choice of law principles. This arbitration agreement survives termination of the Agreement or the termination of your relationship with OneDG. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and OneDG, including our affiliates, subsidiaries, parents, successors, and assigns, and each of our respective officers, directors, employees, agents or shareholders. This arbitration agreement also applies to claims between you and OneDG’s service providers, including, but not limited to, background check providers and payment processors; and such service providers shall be deemed third-party intended beneficiaries of this arbitration agreement.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, THE “CLAIMS”) SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION SOLELY BETWEEN YOU AND OneDG. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present or future events, arising out of or relating to: this Agreement and its prior versions (including the breach, termination, execution, interpretation or validity thereof), the OneDG platform, ride-sharing services, rental or use of bicycles or scooters via the OneDG platform, OneDG promotions, cards -gifts, referral or loyalty programs, any other goods or services made available through the OneDG platform, your relationship with OneDG, the threat or actual suspension, deactivation or termination of your User Account or this Contract, background checks conducted by or on behalf of OneDG, payments made by you or any payments made or purportedly owed to you, any promotion or offer made by OneDG, any municipal, county, state or federal law on hours of work, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, violation of any express or implied contract or commitment, claims arising under federal or state consumer protection laws; claims arising under the antitrust laws, claims arising under the Telephone Consumer Protection Act and the Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Protection of Older Worker Benefits, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act of 1974 (except individual claims for benefits under any OneDG-sponsored employee benefit plan covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state laws, if applicable , dealing with the same or similar subjects, and all other federal and state statutory and common law claims. All disputes regarding the arbitrability of a Claim (including disputes regarding scope, applicability, enforceability,revocability or validity of the arbitration agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND OneDG ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ANY CLAIMS, UNLESS OTHERWISE EXPRESSLY PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of any claim or dispute that may legally be arbitrated, except those claims and disputes which under this Arbitration Agreement are expressly excluded from obligation arbitration.
(b) Prohibition of Class Actions and Non-Individualized Relief.
YOU UNDERSTAND AND AGREE THAT YOU AND OneDG MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND OneDG ARE WAIVING THE RIGHT TO PROSECUTE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS’ GENERAL LAW CLAIMS BROUGHT AGAINST OneDG, WHICH ARE ADDRESSED SEPARATELY IN SECTION 17(C).
The arbitrator shall have no authority to consider or resolve any claim or award relief on any basis other than on an individual basis. The arbitrator shall have no authority to consider or resolve any claim or issue relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the interpretation, applicability or enforceability of the Class Action Waiver may be resolved only by a court and not by an arbitrator. In any case where:
(1) the Dispute is filed as a class, collective, or representative action and
(2) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any claim or any particular remedy for a claim (such as a request for a public injunction), then that particular claim or remedy (and only that particular claim or remedy) will be severed from any remaining claims and/or remedies and may be brought before a court of competent jurisdiction, but the class action waiver will be enforced in arbitration on an individual basis as to all other claims or remedies to the fullest extent possible.
(c) Waiver of Representative’s PAGA
Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law:
(1) you and OneDG agree not to bring any representative action on behalf of others under the law Private Attorney General Act (“PAGA”) of 2004, California Labor Code § 2698 et seq., in any court or in arbitration, and
(2) for any claim brought by a private attorney general, including under the PAGA of California, you and OneDG agree that this dispute will be resolved in arbitration on an individual basis only (i.e., to determine whether you have been personally harmed or subjected to violations of law), and that such action may not be used to resolve the claims or rights of other persons in a single or collective proceeding (i.e., to determine whether other persons have been injured or subjected to violations of law) (collectively, “Representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, any disputes regarding the scope, applicability, enforceability, revocability or validity of this PAGA Representative Waiver cannot be resolved only by a competent civil court and not by an arbitrator. If any provision of this representative PAGA waiver is found to be unenforceable or illegal for any reason:
(i) the unenforceable provision will be severed from this Agreement;
(ii) severing the unenforceable provision will have no impact on the arbitration agreement or the requirement that any remaining claims be arbitrated on an individual basis in accordance with the arbitration agreement; and
(iii) any claim of such PAGA Representative or other Private Attorney General Act Representative shall be brought in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any claims required to be brought in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the PAGA Representative Waiver is unenforceable with respect to such claims, the parties agree that the litigation of such claims shall be suspended, pending the outcome of any Individual Claim in arbitration.
(d) Rules Governing Arbitration.
Any arbitration conducted under this Arbitration Agreement will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules which are in effect at the time the arbitration is initiated, as amended. by the conditions set out in this agreement. Copies of these rules may be obtained from the AAA website ( www.adr.org ) (the “AAA Rules”). Notwithstanding the foregoing, if requested by you and if appropriate based on the facts and circumstances of the Claims asserted, the arbitrator will have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate Claims from more than one person. , or otherwise preside over any form of representative, collective or collective proceeding. The parties may choose a different arbitration administrator upon mutual written agreement.
In connection with the arbitration, you and OneDG will have the opportunity to reasonably discover non-privileged information that is relevant to the Claim. The arbitrator may grant any individualized relief that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. The arbitrator will provide a written statement of reasons for the arbitrator’s decision that explains the award rendered and the findings and conclusions on which the award is based.
The arbitrator will decide the substance of all claims in accordance with applicable law and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving different passengers or drivers, but is bound by rulings in prior arbitrations involving the same passenger or driver to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction, provided that any award may be challenged in a court of competent jurisdiction.
(e) Arbitration Fees and Awards.
Payment of filing and arbitrator fees will be governed by the relevant AAA Rules subject to the following modifications:
1. If OneDG initiates an arbitration under this Arbitration Agreement, OneDG will pay all filing and arbitrator fees. AAA arbitration.
2. With respect to any Claim filed by OneDG against a Driver, or for Claims filed by a Driver against OneDG that:
(A) are based on an alleged employment relationship between OneDG and a Driver;
(B) arises from or relates to OneDG’s actual deactivation of a Driver User Account or a threat by OneDG to deactivate a Driver User Account;
(C) arise out of or relate to OneDG’s actual termination of a Driver Agreement with OneDG under the termination provisions of this Agreement, or a threat by OneDG to terminate a Driver Agreement;
(D) arise from or relate to any fares (as defined in this Agreement, including OneDG’s commission or fees on fares), gratuities or average hourly guarantees payable by OneDG to Drivers for the Services of rideshare, other than referral disputes, other OneDG promotions or consumer disputes, or
(E) arise from or relate to background checks conducted in connection with a user seeking to become a driver (the subset claims in subsections (A) through (E) shall be collectively referred to as “Driver Claims”), OneDG will pay all costs of arbitrating (as compared to the costs of litigating the same claims in court), including including regular and customary arbitration fees and expenses (to the extent not paid by OneDG in accordance with the fee provisions above). However, if you are the party bringing the driver’s claim, you will be responsible for contributing up to an amount equal to the filing fees that would be paid to pursue the claim in the state’s common law court in which you provide the Rideshare Services to Passengers, unless a lower amount of fees is owed to you under the AAA Rules, applicable law, or subsection (e)(1) above. Any dispute as to whether a cost is unique to the arbitration will be resolved by the arbitrator. For purposes of this section 17(e)(2), the term “driver” shall be deemed to include both drivers and applicant drivers who have not been licensed to drive.
3. Except as otherwise provided in Federal Rule of Civil Procedure 68 or any state equivalent, each party shall pay its own attorney’s fees and pay all costs not specific to arbitration (i.e. costs that each party would incur if the claim(s) were litigated in court, such as costs of subpoenaing witnesses and/or documents, taking depositions, and purchasing deposition transcripts, copying of documents, etc.).
4. At the conclusion of any arbitration, the arbitrator may award you reasonable fees and costs or a portion thereof if you prevail, to the extent permitted by applicable law.
5. Although under certain laws OneDG may be entitled to an award of attorneys’ fees and non-filing costs if it prevails in an arbitration, OneDG agrees that it will not seek such an award unless You are represented by counsel or the arbitrator has determined that the claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)).
6. If the arbitrator issues an award to you that is greater than the value of OneDG’s last written settlement offer made after you participated in good faith in the optional negotiation process described in paragraph (k) below, then OneDG will award you will pay the reward amount or US$1,000, whichever is greater.
(f) Venue and Manner of Arbitration.
Unless you and OneDG agree otherwise, any arbitration hearing between OneDG and a Rider will take place in the county of your billing address, and any arbitration hearing between OneDG and a Driver will take place in the county in which the Driver provides Ridesharing Services. If AAA arbitration is not available in your jurisdiction, the arbitration hearings will take place in the nearest venue available for AAA arbitration. Your right to a hearing will be determined by the AAA Rules.
(g) Exceptions to Arbitration.
This arbitration agreement shall not require arbitration of the following types of claims:
(1) small claims actions brought on an individual basis that are within the jurisdiction of this small claims court;
(2) a representative action brought on behalf of another under the PAGA Act or other private attorney general laws, to the extent that the PAGA Representative Waiver Section 17(c) of such action is found to be unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA;
(3) claims for workers’ compensation, disability insurance, and unemployment insurance;
(4) claims that are not arbitrable under generally applicable law not preempted by the FAA; and
(5) individual claims of sexual assault or sexual harassment in connection with the use of the OneDG platform or rideshare services.
When such claims are brought in a court of competent jurisdiction, OneDG will not require arbitration of such claims. OneDG’s agreement not to require arbitration of such claims does not waive the enforceability of any other provision of this Arbitration Agreement (including, without limitation, the waivers set forth in Section 17(b)), or the enforceability of this arbitration agreement with respect to any other dispute, claim or controversy.
Nothing in this arbitration agreement precludes you from making a report or filing a claim or charge with the Equal Employment Opportunity Commission, the United States Department of Labor, the Securities Exchange Commission , the National Labor Relations Board (“NLRB”) or the Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to prevent or excuse any party from filing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before asserting a claim in arbitration. However, if you file an administrative claim, you may only seek or recover damages of any type under this arbitration provision, and you knowingly and voluntarily waive the right to seek or recover damages- interests of any type pursuant to any administrative complaint, except for a complaint issued by the NLRB. If you participate in an NLRB proceeding, you may recover damages only if such recovery does not arise out of or relate to a claim previously adjudicated under this arbitration provision or settled by you. Likewise, you may not recover damages under this arbitration provision if you have already adjudicated such a claim with the NLRB. Nothing in this Agreement or the Arbitration Agreement precludes your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this arbitration provision.
(h) Severability.
Except as otherwise provided in the severability provisions of subsections (b) and (c) above, in the event that any part of this Arbitration Agreement is found to be illegal or unenforceable under applicable law not preempted by the FAA, this provision shall be severed and the remainder of the Arbitration Agreement shall have full force and effect.
(i) Driver Claims Pending Resolution.
If you are a member of a putative class in a lawsuit against OneDG involving driver claims and a motion for preliminary approval of a settlement was filed with the court in connection with that lawsuit before the date of entry into force of this Agreement (a “Pending Settlement Action”), then this Arbitration Agreement will not apply to your Driver Claims in that particular class action. Instead, your Driver Claims in this pending settlement action will continue to be governed by the arbitration provisions contained in the applicable agreement that you agreed to before the effective date of this Agreement.
(j) Opting Out of Arbitration for Driver Claims Not Subject to a Pending Settlement Action.
As a Driver or Driver Applicant, you may opt out of the obligation to arbitrate Driver Claims set forth in Section 17(e)(2) (except to the extent limited by Section 17(i) above ) under the terms of this subsection if you have not previously agreed to an arbitration provision in the OneDG Terms of Use where you were given an opportunity to opt out of the arbitration requirement. If you have previously agreed to such an arbitration provision, you may opt out of any revision to your prior agreement to arbitrate made by this provision in the manner specified below, but opting out of this arbitration provision has no effect on any prior, other or future arbitration agreements you may have with OneDG. If you have not already agreed to such an arbitration provision and do not wish to be subject to this Arbitration Agreement with respect to Driver Claims, you may opt out of arbitration with respect to such Driver Claims, other than those subject to a Pending Settlement Action, by notifying OneDG in writing of your desire to opt out of arbitration for such Driver Claims, which writing must be dated, signed and sent by email to onedg2021@one-dg.com .
To be effective,
(A) the writing must clearly indicate your intention to opt out of this arbitration agreement with respect to Driver’s claims that are not part of a pending settlement action,
(B) the writing must include the name, telephone number, and email address associated with your user account, and
(C) the email containing the signed writing must be sent within 30 days of the date at which you signed this agreement.
If you do not opt out within the 30 day period, you and OneDG will be bound by the terms of this Arbitration Agreement in their entirety (including with respect to Driver Claims that are not part of a Pending settlement action). As provided in paragraph 17(i) above, any exclusion you submit will not apply to Driver Claims that are part of a Pending Settlement Action and your Driver Claims in such Pending Settlement Action will continue to be governed by the arbitration provisions that are contained in the applicable OneDG Terms of Use that you accepted before the effective date of this Agreement.
Lawsuits could be filed against OneDG over driver claims. You should assume that there are currently, and may be in the future, lawsuits against OneDG alleging class, collective and/or representative driver claims in which the plaintiffs seek to act on your behalf and which , if successful, could result in monetary recovery for you. But if you agree to the arbitration of Driver Claims with OneDG under this Arbitration Agreement, you agree in advance that you will file all such claims and seek all financial and other relief against OneDG under this Agreement. individual arbitration, except for Driver Claims which are part of a pending settlement action. You also agree in advance that you will not participate in, or seek monetary or other relief from, any such claims in any legal action or class, collective and/or representative. You have the right to consult with counsel of your choice regarding this arbitration agreement, and you will not be subject to retaliation for exercising your right to assert claims or opt out of any Driver Claims under this arbitration agreement.
(k) Optional Pre-Arbitration Negotiation Process.
Before initiating any arbitration or proceeding, you and OneDG may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless such period is mutually extended by you and OneDG. A party who intends to seek to negotiate under this paragraph must first send to the other party written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made during the negotiation by either party, their agents, employees and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or indictment, in an arbitration or any other proceeding involving the parties, provided that evidence which is otherwise admissible or disclosable is not rendered inadmissible or nondiscloseable by reason of its use in the negotiation.
18. Confidentiality
You agree not to use technical, financial, strategic and other proprietary and confidential information relating to the activities, operations and properties of OneDG, information about a user made available to you in connection with the use of the platform by such user, which may include the user’s name, pick-up location, contact details and photo (“Confidential Information”) disclosed to you by OneDG for your own use or for any purpose other than that contemplated herein. You will not disclose or permit the disclosure of any Confidential Information to any third party, and you agree not to store separately and outside of the OneDG Platform any User Information obtained from the OneDG Platform. As a Driver, you understand that some of the passenger information you receive may be protected by federal and/or state privacy laws, such as the Health Information Portability and Accountability Act of 1996 ( “HIPAA”), governing the confidentiality and security of protected data (patient health information). If you know a Passenger, you should not disclose to anyone the Passenger’s identity or where you picked up or dropped off the Passenger, as doing so may violate HIPAA. You understand that any violation of the confidentiality provisions of the Agreement may violate HIPAA or state privacy laws and may result in civil or criminal penalties against you. You agree to take all reasonable steps to protect the secrecy and avoid disclosure or use of OneDG confidential information to prevent it from falling into the public domain. Notwithstanding the foregoing, you will have no liability to OneDG with respect to Confidential Information that you can prove: was in the public domain at the time it was disclosed by OneDG or entered the public domain through no fault of your own; was known to you, without restriction, at the time of disclosure, as evidenced by records existing at the time of disclosure; is disclosed with the prior written approval of OneDG; becomes known to you, without restriction, from a source other than OneDG without violation of this Agreement by you and otherwise without violation of OneDG’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency or other governmental body; provided, however.
19. Relationship with OneDG
As a Driver on the OneDG Platform, you acknowledge and agree that you and OneDG are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and OneDG expressly agree that (1) this is not an employment contract and does not create an employment relationship between you and OneDG; and (2) no joint venture, franchisor-franchisee, partnership or agency relationship is intended or created by this Agreement. You have no authority to bind OneDG and you agree not to hold yourself out as an employee, agent or authorized representative of OneDG.
OneDG does not and shall not be deemed to direct or control you generally or in your performance under this Agreement in particular, including with respect to your provision of Rideshare Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the exclusive right to determine when, where and for how long you use the OneDG Platform. OneDG does not unilaterally prescribe any dates, times of day or minimum number of hours for you to use the OneDG Platform, and will not be deemed to do so. You retain the option to accept or deny or ignore a passenger’s request for ridesharing services through the OneDG Platform, or to cancel an accepted request for ridesharing services through the OneDG Platform, subject to the policies of cancellation then in force of OneDG. OneDG does not require, and will not be deemed to require, that you accept any specific request for ride-sharing services as a condition of maintaining access to the Platform. Except for any signage required by law or permit/licensing rules or requirements, OneDG has no right to require you to: (a) display OneDG names, logos or colors on your vehicles; or (b) wear a uniform or other clothing displaying the names, logos or colors of OneDG. You acknowledge and agree that you have sole discretion to provide ridesharing services or otherwise engage in any other commercial or employment activity, including, but not limited to, providing services similar to the services of rideshare to other companies, and that OneDG does not and will not be deemed to prevent you from engaging in such activity.
20. Other Services
In addition to connecting passengers to drivers, the OneDG platform may allow users to provide or receive services from other third parties. For example, users may be able to use the OneDG platform to plan and book rides on public transportation, take a ride in an autonomous vehicle provided by a third party, rent vehicles, or obtain financial services provided by third parties (collectively, the “Other Services”). You understand that other services are subject to the terms and prices of the third party provider. If you choose to purchase other services through the OneDG platform, you authorize OneDG to charge your mode payment recorded in accordance with the pricing terms set by the third party provider You agree that OneDG is not responsible and cannot be held liable for Other Services or the actions or omissions of the third party provider. the accuracy, relevance or completeness of these other services, and we are not responsible for other services accessible via the OneDG platform. This Agreement incorporates by reference the ADT Mobile Security Monitoring Terms . In the event of any conflict between the terms of the ADT Mobile Security Monitoring Terms and this Agreement, the terms of this Agreement shall control with respect to OneDG and your agreements with OneDG herein, and the limitations of liability set forth in Article 15 above will prevail, also apply to ADT. The dispute resolution and arbitration agreement provisions of Section 17 above shall apply in lieu of any term of the ADT Mobile Security Monitoring Terms for all purposes, except as to concerns claims that are solely against ADT.
21. General
Except as provided in Section 17, this Agreement is governed by the laws of the State of California, without regard to choice of law principles. This choice of law provision is intended only to specify the use of California law in interpreting this Agreement and is not intended to create any other substantive right for non-Californians to assert claims under this Agreement. California law, whether by statute, common law or otherwise. If any provision of this Agreement is or becomes invalid or non-binding, the parties will remain bound by all other provisions of this Agreement. In this case, the parties will replace the invalid or non-binding provision with valid and binding provisions which have, as far as possible, a similar effect to the invalid or non-binding provision, taking into account the content and purpose of the provision. This agreement. You agree that this Agreement and any incorporated agreements may be automatically assigned by OneDG, in our sole discretion, upon notice to you. Unless explicitly stated otherwise, any notice to OneDG must be sent by registered mail, postage prepaid and return receipt requested to OneDG Inc., 487 Leboutillier Ave, Ottawa (ON), K1K 2W8, Canada. Any notices will be provided to you through the OneDG Platform or provided to you through the email or physical address you provide to OneDG during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. Failure of a party to act with respect to a breach by the other party shall not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and understanding between you and OneDG with respect to the subject matter hereof and supersedes all prior agreements and understandings between the parties, whether oral or written.
If you have any questions regarding the OneDG platform or ride sharing services, please contact us via our Help Center.
