Terms of Use

Introduction:

These Terms and Conditions (“Terms“) set forth the terms and conditions Ondy, Inc., a Delaware corporation (“Ondy”) requires you to accept if you want to download, install, access or use the Ondy platform (“Platform”) via our website at www.ondy.io (“Website”) and/or via any associated application or API (“App”) in order to receive Delivery Services from, or perform Delivery Services for, other Users of the Platform. These Terms whether stated or otherwise referenced herein constitute a legal agreement between you and Ondy. By using or accessing the Ondy Platform in any manner, including downloading, installing or using any App, or receiving or performing any Delivery Services, you hereby expressly acknowledge and agree to be bound by these Terms, and any future amendments and additions to these Terms as published from time to time at our Website at https://www.ondy.io/terms or on the App. Upon accessing or using the Ondy Platform, or receiving or performing Delivery Services you become a “User” of Ondy’s Platform, whether as a “Driver” or a “Sender“, as further described herein.

These Terms expressly include the Driver Agreement and Sender Agreement which are incorporated into these Terms by this reference. These Agreements set forth the specific obligations you must agree to in order to use the Platform as a Driver or a Sender and you agree to be bound by the applicable Agreement upon accepting these Terms.

You may only access the Platform using the Website, an App or other specifically authorized means. It is your responsibility to check to ensure you download the correct App for your mobile, tablet, computer or similar device (“Device“). Ondy is not liable if you do not have a compatible Device or if you have downloaded the wrong version of the App for your Device. Ondy reserves the right to deactivate your account and your ability to use our Platform if you access the Platform with the wrong version of the App or an incompatible or unauthorized Device.

Ondy reserves the right to modify the terms and conditions of these Terms or any of its policies relating to our Platform or the accessing of Delivery Services by our Users thereon at any time, effective upon posting of an updated version of the Terms on our Website and on our App. You are responsible for regularly reviewing these places for any updates to the Terms. Use of our Platform after any updates to these Terms shall constitute your consent to all such changes made to the Terms in such update and your affirmation of your agreement to the updated Terms as a whole.

OUR SERVICES UNITE DRIVERS AND SENDERS

Our Platform makes possible a connection between those individuals and/or businesses (“Senders“) that want to contract with someone to pick-up, carry and/or deliver personal property and goods (“Delivery Services“) and those individuals and/or businesses seeking to perform the Delivery Services (“Drivers“). The performance of Delivery Services by a Driver, the time period in which these Delivery Services are performed by a Driver, as well as the item(s) of personal property and goods being picked-up, carried and/or delivered by a Driver, are collectively referred to as a “Task”. Drivers and Senders together are referred to as “Users“ of our Platform.

Our Platform connects third party Drivers who want to deliver Tasks for third party Senders, and gives those Senders a way to find those Drivers and schedule their Tasks. Drivers are self-employed individuals and independent contractors who choose to perform Delivery Services for Senders posting Tasks on our Platform. At no time does Ondy control whether or when a Sender posts a particular Task, or whether or when a Driver chooses to offer for a particular Task. Agreeing to perform Delivery Services for Senders through the Ondy Platform does not preclude a Driver from providing Delivery Services, or any other types of services, under another platform or for other persons simultaneously.

ONDY IS A LOGISTICS TECHNOLOGY MANAGEMENT PLATFORM AND DOES NOT PROVIDE TRANSPORTATION SERVICES.

WE ARE NOT A TRANSPORTATION CARRIER. IT IS THE DRIVER’S SOLE DECISION WHETHER TO OFFER FOR AND PROVIDE THE DELIVERY SERVICES REQUESTED BY A SENDER.

Our Platform enables connections between our Users to contract for Tasks; however Ondy has no control over and is not responsible for the performance, actions or inactions of any User, whether associated with the use of our Platform or the receiving or providing the Delivery Services via our Platform, in public, private, or offline interactions, or otherwise. That’s why we rely on YOU, our Users, to follow some rules to keep the Ondy community safe, friendly and helpful for all!

ONDY CANNOT AND DOES NOT CONTROL THE PREPARATION OF ANY FOOD SERVICES, THE INGREDIENTS USED, THE CONDITION, LEGALITY, OR SUITABILITY OF ANY FOOD SERVICES OR THE KITCHENS IN WHICH THEY ARE PREPARED. FOOD SERVICES MAY BE PREPARED IN KITCHENS THAT ARE NOT SUBJECT TO REGULATION OR INSPECTION BY ANY FEDERAL, STATE, OR LOCAL GOVERNMENT AUTHORITIES. ONDY IS NOT RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY RELATED TO ANY FOOD SERVICES OFFERED FOR SALE THROUGH THE MARKETPLACE. ACCORDINGLY, ANY PURCHASE AND CONSUMPTION OF FOOD SERVICES BY YOU ARE MADE AT YOUR OWN RISK.

User Representations and Warranties

Most importantly, all Users need to know that every time you access or use the Platform or receive or perform Delivery Services through the Platform, you expressly agree, represent and warrant that, at the time of each such access or use:

You are legally entitled to and have the right, authority and capacity to enter into the agreements set forth in these Terms and to fulfill your obligations hereunder.
Your use of the Platform is for your sole, personal use and you will not resell to a third party.
You are at least 18 years of age or such older age as may be required in a State or other jurisdiction that restricts the ability to enter into agreements due to age. If you are not the required age you must not use the Platform and you may not perform Delivery Services.
You will only create one User account.
You will keep secure and confidential your User account password or any identification we provide you which allows access to our Platform.
You will provide Ondy with such proof of identity we reasonably request and will not impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation (actively or by omission) with any person or entity, including Drivers must use a true facial picture in their profile when creating a Ondy account.
You will not represent yourself to be an agent, subcontractor, representative, employee or affiliate of Ondy.
You will only access and use the Platform and receive or perform Delivery Services for lawful purposes and in accordance with all applicable laws and regulations.
You will not access or use the Platform, or receive or perform Delivery Services for shipping, sending or storing any unlawful material, for fraudulent purposes, for promoting or encouraging any illegal activity, or for committing or assisting in the commission of a
You will keep in confidence and shall not disclose, or use for the benefit of others, any and all third parties’ confidential, proprietary, or personally identifiable and/or personal health information of which you may become aware as a User, except as necessary to carry out and perform under these Terms.
You will not collect or store any information about any other You will not access or use any information about any other User other than as allowed through the Platform and only as strictly needed during the performance of a Task.
You will not contact any other User directly or outside of the Platform. You shall not contact another User directly once the Task is complete.
You will not stalk, intimidate, threaten or otherwise harass or cause physical or mental distress to any third party, including other Users and Ondy staff and representatives.
You will not copy, or distribute text, graphics, images, music, software, audio, video, information or other like materials related to our Website, Platform or App (“Content“) without written permission from Ondy.
You will not access or use our Platform or receive or perform Delivery Services in any way that could cause nuisance, annoyance, and inconvenience or could interfere with or negatively affect other Users from fully using or enjoying the Platform or receiving or performing Delivery Services.
You will not infringe the rights of any third party (including other Users and Ondy) and including, intellectual property, privacy, publicity or contractual rights.
You will not discriminate against someone based on traits such as age, color, disability, gender identity, marital status, national origin, race, religion, sex, or sexual orientation.
You will not assist any third-party in any of the above.
ALL CONTACT BETWEEN USERS SHOULD END WHEN THE TASK IS COMPLETE.
TEXTING, CALLING, VISITING, OR TRYING TO VISIT SOMEONE IN PERSON AFTER THE TASK HAS BEEN COMPLETED IS NOT ALLOWED.
YOU SHOULD IMMEDIATELY ALERT ONDY IF ANOTHER USER CONTACTS YOU FOR ANY REASON OTHER THAN YOUR TASK.

Keeping the Ondy Community safe, friendly and helpful for all means that all Users of our Platform have a responsibility to treat each other with respect and dignity. That is why Ondy strictly enforces its Non-Discrimination and Respect Others Policies as set forth below.

Ondy Non-Discrimination Policy

Ondy and its affiliates prohibit discrimination against any User or other third party based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable law. Ondy wants all of our Users to feel safe and welcome and we do not tolerate any conduct that we determine to be discriminatory.

Such discrimination includes, but is not limited to, intentionally refusing or canceling Tasks solely for the purpose of avoiding a particular neighborhood due to the characteristics of the people or businesses that are located in that area or because you are uncomfortable with certain persons based on traits such as age, color, disability, gender identity, marital status, national origin, race, religion, sex, or sexual orientation.

Ondy Respect Others Policy

Ondy prohibits all Users from displaying any aggressive, confrontational, intimidating, threatening or harassing behavior toward others, including without limitation:

Hitting, hurting, or intending to hurt any person or animal, or threatening to do the same. Using language or making gestures that could be disrespectful, harassing or threatening.
Sexual assault or sexual harassment or misconduct of any kind. Assault includes any intentional bodily contact made without explicit consent of the other person, and sexual harassment and misconduct, includes without limitation unconsented to advances, behaviors and remarks like nudging, whistling, winking or flirting, discussing your own or someone else’s sex life, using explicit language, or making jokes about sex.
Disrespecting personal space and/or privacy, like standing unnecessarily close, or commenting on personal appearance, perceived gender identity, or sexual orientation, or asking unrelated personal questions.

ANY USER FOUND TO HAVE VIOLATED ONDY’S NON-DISCRIMINATION POLICY OR ITS RESPECT OTHERS POLICY WILL IMMEDIATELY LOSE ALL ACCESS TO THE ONDY PLATFORM.

Background Check Process

All Drivers are required to be screened via a standard background check conducted by a third-party Credit Reporting Agency (“CRA” and “Background Check”). During registration as a Driver, you are required to provide a valid driver’s license and Social Security Number, and your written consent to Ondy having our CRA conduct a Background Check on you at that time, prior to allowing you to perform Tasks, and also at any time thereafter, as and when determined in our sole discretion, and without any additional consent from you, as may be allowed pursuant to applicable law. The Ondy Background Check Process consists of a criminal background check and Motor Vehicle Record (MVR) report and does not include a credit check.

In order to be eligible to perform certain Tasks and to help protect against theft and fraud, Drivers may be asked to submit additional personal information to verify their identity, including biometric information or identifiers such as a selfie, scan of their driver’s license and/or other government ID or photo, scan of their face, facial patterns, fingerprints, and voice or typing cadence (“biometric data”).

Ondy uses various third party technology, tools and services to collect your personal information and biometric data from you. For more information on how your personal information and biometric data are used and disclosed, please see our Privacy Policy at https://www.Ondy.io/privacy.

Ondy does not conduct Background Checks or screening on any Sender for the purposes of allowing them to access and use our Platform to arrange for Delivery Services. However Ondy reserves the right to begin conducting such checks and screening of Senders as it deems appropriate in its sole discretion.

Any screening or Background Check process is not a substitute for your good judgment when interacting with other Users. At all times while accessing or using our Platform and during the time of any Task, you must exercise caution and use your common sense.

ALL USERS ACKNOWLEDGE AND AGREE THAT BY ACCESSING AND USING OUR PLATFORM TO RECEIVE OR PERFORM DELIVERY SERVICES, THEY MAY BE EXPOSED TO UNKNOWN THIRD-PARTIES AND CONTENTS IN TASKS THAT MAY BE OR ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE.

DRIVERS’ RESPONSIBILITIES

Generally, it is every Driver’s duty and obligation to know and comply with all applicable federal and state laws relating to the pick-up and delivery locations of any Task, including without limitation those laws governing the transportation of items over State lines, prohibiting the transportation of certain items both within a State and between States, and age restrictions. Ondy has no liability or responsibility to a Driver or any third party if a Driver fails to comply with these Terms or all applicable laws with respect to the performance of the Task.

Permits, Auto Insurance and Health Insurance

Because Drivers act as their own employer in providing Delivery Services via the Ondy Platform, Ondy does not, and has no responsibility to, provide or pay for any permit, license or insurance a Driver may need or that may be advisable, to perform Delivery Services via the Ondy Platform. Many states require a Driver to have permits and/or licenses to carry certain Tasks. Additionally, many insurance companies will require a Driver to have some level of commercial insurance if using a personal vehicle for business purposes and all Drivers should be aware that their standard automobile liability insurance may not provide them coverage while they are engaged in performing a Task or while or logged into the App.

Ondy does not provide health insurance, or any other compensation to Drivers if they are hurt or injured while performing a Task and Ondy does not carry workers’ compensation insurance for any Driver unless specifically required by State law. For these reasons, all Drivers are required to have adequate health insurance prior to performing a Task. Only you can know if you are physically capable of handling a Task you agree to deliver and Ondy is not liable to you for any costs or damages you may suffer if you are hurt or injured while performing a Task. At all times you are solely responsible for the costs of any medical care you may require due to any such injury.

It is a Drivers’ responsibility to know what auto insurance, health insurance, licenses and permits are required or recommended and to procure the same prior to offering on Tasks. A Driver must have valid auto insurance in such amounts as required by State Law and its insurer to cover Driver’s performance of Tasks through the Ondy Platform PRIOR to offering on Tasks. A Driver will not be allowed to deliver Tasks and will be removed from the Platform if the Driver does not have auto insurance coverage in at least the minimum amounts required by the State in which the Driver provides Delivery Services. A Driver must carry proof of all required auto insurance coverage at all times while performing Tasks and must provide the same to Ondy and/or other authorities and officials upon request.

A DRIVER MUST HAVE THE REQUIRED INSURANCE, LICENSES AND PERMITS TO CARRY ALL ITEMS CONTAINED IN TASK.

ALL DRIVERS SHOULD CHECK WITH PROFESSIONALS TO ENSURE THAT YOU HAVE THE REQUIRED INSURANCE, LICENSES AND PERMITS BEFORE YOU OFFER FOR A TASK.

ONDY HAS NO RESPONSIBILITY OR LIABILITY FOR ANY DRIVER OR SENDER NOT HAVING THE PROPER AUTHORITY, PERMITS, LICENSES OR INSURANCE TO ENTER INTO THE TRANSACTIONS AGREED UPON ON THE PLATFORM.

Confidential Information

During the performance of Tasks, Drivers will have access to the “Confidential Information” of many third parties, including without limitation, the Confidential Information of Ondy, Senders, and/or Task recipients. “Confidential Information” means all information, whether oral, written, contained on electronic media or otherwise, to which a Driver is given or has access to, or is made available to the Driver in connection with the performance of Tasks, including without limitation names, addresses, telephone numbers and other information which may be used to specifically identify a person (“PII” or “Personally Identifiable Information”), and health information protected under the Health Insurance Portability and Accountability Act (“HIPPA” and “Protected Health Information”).

Confidential Information shall include, without limitation, all information regarding Ondy’s personnel or customer information of Ondy, Senders and/or Task recipients of which a Driver becomes aware.

Ondy and Drivers have special obligations with respect to the protection of Personally Identifiable Information and Protected Health Information and a Driver is responsible for both knowing those obligations and complying with the same. Failure to meet these obligations will result in the Driver’s permanent removal from the Ondy Platform and the Driver shall be prosecuted to the fullest extent of the law.

Personally Identifiable Information: Personally Identifiable Information (PII) refers to information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual. It is important to recognize that non-PII can become PII whenever additional information is made available — in any medium and from any source — that, when combined with other available information, could be used to identify an individual. Ondy and Drivers are under a strict obligation not to use or disclose PII except as necessary to perform and deliver Tasks.

Protected Health Information: If a Driver delivers Tasks containing prescriptions, medicines or other medical documents, the Driver may have access to Protected Health Information. Ondy and Drivers are under a strict obligation not to use or disclose the Protected Health Information of anyone except as necessary to perform and deliver Tasks. In addition, these Drivers must comply with all federal, state and local laws, including the Health Insurance Portability and Accountability Act, as amended, and all regulations and agency guidance applicable to “business associates”. To learn more about complying with these regulations, please visit HHS.gov for more information.

BY USING THE ONDY PLATFORM TO RECEIVE OR PERFORM DELIVERY SERVICES YOU MAY AND/OR WILL GAIN KNOWLEDGE OF THIRD PARTIES’ CONFIDENTIAL, PROPRIETARY, PERSONALLY IDENTIFIABLE AND/OR PROTECTED HEALTH INFORMATION.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, AS A USER OF THE ONDY PLATFORM ARE SUBJECT TO A STRICT DUTY TO MAINTAIN THE ABSOLUTE CONFIDENTIALITY OF ALL SUCH CONFIDENTIAL AND PERSONAL INFORMATION AND YOU UNDERSTAND THAT UNDER NO CIRCUMSTANCES MAY YOU DISCLOSE SUCH INFORMATION TO ANY OTHER PERSON OR USE SUCH INFORMATION FOR ANY OTHER REASON THAN TO RECEIVE OR PERFORM DELIVERY SERVICES VIA THE ONDY PLATFORM.

Special Items

Some Tasks contain “Special Items” (as defined below) that may require a Driver to be 21 years of age, or to possess special qualifications, equipment, permits, licenses, insurance and physical capabilities, including Tasks containing alcohol, cigarettes, HAZMAT and other regulated products. Senders are responsible for clearly describing the items included in a Task so that a Driver knows whether or not they are qualified to offer to perform the Task.
DRIVERS ARE RESPONSIBLE FOR KNOWING AND COMPLYING WITH ALL RULES AND REQUIREMENTS TO CARRY A TASK CONTAINING ANY SPECIAL ITEMS PRIOR TO OFFERING ON SUCH TASK, WHETHER RULES AND REQUIREMENTS ARE INCLUDED IN THESE TERMS AND/OR IMPOSED BY APPLICABLE LAW.
ANY DRIVER DISCOVERING AN ITEM THAT WAS NOT PROPERLY DESCRIBED OR DISCLOSED BY A SENDER IN A TASK SHALL IMMEDIATELY NOTIFY ONDY AT SUPPORT@ONDY.IO FOR FURTHER DIRECTION.

Cigarettes, Tobacco Products, Wine, Beer Or Other Alcoholic Beverages:

A Driver must be 21 years of age to deliver any Task containing cigarettes, tobacco products, wine, beer or other alcoholic beverages.
When delivering a Task including cigarettes, tobacco products, wine, beer or other alcoholic beverages, a Driver must verify a valid, government-issued identification demonstrating that the Task recipient is 21 years of age or older.
When delivering a Task including wine, beer or other alcoholic beverages, a Driver shall also verify that the Task recipient is not visibly intoxicated before delivering the Many States have laws prohibiting the delivery of any alcoholic beverages to anyone who is visibly intoxicated and a Driver can be personally liable for doing so. Before offering on a Task containing any alcoholic beverage a Driver must be familiar with the signs of visible intoxication, full details can be found in our FAQ.
IF A DRIVER CANNOT COMPLETE THE DELIVERY OF A TASK BECAUSE THE RECIPIENT DOES NOT PRODUCE VALID ID AND/OR IS VISIBLY INTOXICATED, THE DRIVER SHALL IMMEDIATELY NOTIFY ONDY AT SUPPORT@ONDY.IO FOR FURTHER DIRECTION.
Pharmacy Deliveries.
A Driver must be 21 years of age to deliver any Task containing prescription medicine or pharmaceuticals. The Driver must be the only person in the vehicle at all times during the Task. When taking photos of the items being picked up, the Driver must take the photo so as to not including the patient name or address in the image. Drivers must not leave any Task containing prescription medicine or pharmaceuticals unattended at any time, and must hand deliver the Task to a person at the delivery address shown in the App. All Tasks containing prescription medicine will require a signature.
Live Animals
Drivers MUST transport ALL animals INSIDE an appropriately heated or air-conditioned vehicle, with all temperature controls in good working order. Under no circumstances may any animal be transported in the trunk or trunk bed of any vehicle. Drivers are required to provide the animal food and water at regular intervals, and regular stops to allow the animal to relieve itself and otherwise as needed for the animal(s) in the Task. Drivers are required to provide any other additional components such as moisture; bedding and securing of packaging within the vehicle should be added as necessary to provide a safe environment during the Task.
Oversized Items
Senders are prohibited from including Oversized Items in Tasks. However many Tasks contain items that are just underneath the Oversized Item limit, and these bulky and/or heavier items require a Driver to have a larger vehicle, special equipment and/or physical strength in order to fulfill the Task properly. Senders are required to accurately post the size of the Task they request, and before offering on a Task containing any bulky or heavy items a Driver is required to have the proper vehicle, equipment and physical capacity to perform the Task as posted. If a Driver does not have the proper vehicle and/or equipment to fit and secure the Task and/or are not physically capable of handling a Task the Driver may not offer on the Task.

Ondy cannot know whether a particular Driver is physically capable of delivering the Task offered on. It is the responsibility of Drivers to know and abide by their own physical limits. All Drivers acknowledge and agree that Ondy is not liable to any Driver for any costs or damages you may suffer if you are hurt or injured while performing a Task and that you are not qualified to receive any heath care or other compensation from Ondy if the Driver is injured performing a Task – whether or not the Task contains, bulky, heavy or Oversized Item(s).

The US Occupational Safety and Health Administration (OSHA) does not have a standard setting limits on how much a person may lift or carry. However, the National Institute for Occupational Safety and Health (NIOSH) has developed a mathematical model that helps predict the risk of injury based on the weight being lifted and other criteria. You can learn more about the NIOSH standards and how to determine how much weight you should be lifting in our FAQ.

Inspection of Task Contents

Drivers have the right to and must inspect Task contents prior to leaving the pick-up location. If a Driver does not note any damage to an item in the Task while picking the Task up, it will be assumed that the damage was caused while in the Driver’s possession and the Driver will be liable therefor. If there is damage to the Task contents, the Driver should note any damage (it is easiest to take a picture and send it to support@Ondy.io and wait for instructions from Ondy on what to do next with the damaged Task.

New In Box Items: If all or part of a Task contains new-in-box items that have been pre-packaged by the Sender and are not open for a Driver to inspect, a Driver has the responsibility to inspect the outside of the packaging. If there is any damage to the outside of the packaging, the Driver should note the damage and contact Ondy.

Baggage: If all or part of a Task contains suitcases, pieces of luggage, purses, handbags, wallets, or other bags containing personal effects (collectively, “Baggage”) the Driver shall have no right to request or to inspect the contents, however a Driver still has the responsibility to inspect the outside of the Baggage. If there is damage to the Baggage, the Driver should note and contact Ondy.

A Driver is NEVER under an obligation to take or bring anything that the Driver has not been given the right to inspect as described and limited above and can always cancel the Task without penalty if a Sender does not allow you to inspect or gives you a hard time about asking to inspect the Task as required by Ondy.

NO MATTER WHETHER THE TASK IS PRE-PACKAGED OR OPEN FOR INSPECTION, IF A DRIVER DOES NOT NOTE ANY DAMAGE TO AN ITEM IN THE TASK WHILE PICKING THE TASK UP,

IT WILL BE ASSUMED THAT THE DAMAGE WILL HAVE BEEN CAUSED WHILE IN THE DRIVER’S POSSESSION AND THE DRIVER WILL BE LIABLE THEREFOR.

Driver Teams and Driver Personnel

To the extent permitted by law and subject to these Terms, Drivers may work in teams (“Driver Teams”) and/or may hire or engage others as employees or subcontractors (collectively “Driver Personnel”) to perform all or some of the Delivery Services to be provided by the Driver, provided all Driver Team members and all Driver Personnel are registered and have formed an account on the Ondy Platform and meet all requirements applicable to Drivers contained in the Terms including, but not limited to, passing a background check, and agreeing to the Drivers Agreement, prior to Driver using such Driver Personnel to perform Delivery Services on Driver’s behalf.

To the extent a Drivers work in a Driver Team, all Drivers in such Team shall be jointly and severally liable for all obligations and liabilities arising from acts and omissions of the Driver Team in performing the Delivery Services. To the extent that a Driver provides Delivery Services using Driver Personnel, Driver shall be solely responsible for the direction and control of the Personnel it uses in the performance of Delivery Services, and solely liable for all obligations and liabilities arising from acts and omissions of Driver Personnel in performing the Delivery Services, as if Driver was performing such Delivery Services himself/herself/itself. Driver also assumes full and sole responsibility for the payment of all amounts due to his/her/its Personnel for any work performed under these Terms, including all wages, benefits and expenses, if any, and for all required state and federal income tax withholdings, unemployment insurance contributions, and social security taxes.

The Drivers Agreement provides more details regarding a Driver’s responsibilities and obligations with respect to the use of Driver Personnel.

SENDER RESPONSIBILITIES

Generally, it is every Sender’s duty and obligation to know and comply with all applicable federal and state laws relating to the pick-up and delivery locations of any Task and all items contained in a Task, including without limitation those laws governing the transportation of items over State lines, prohibiting the transportation or shipment of certain items both within a State and between States, restricting the amounts of certain items that can be shipped, and age restrictions. Senders have the responsibility to package items appropriately based on level of risk, fragility and other factors specific to the individual item. Ondy is not liable for loss or damage to any Task if it is not properly packed to withstand transport, or to ensure the safety and integrity of the item or in compliance with all applicable laws. Sender will be fully responsible for all liabilities arising from Sender’s failure to comply with these Terms, or all applicable laws with respect to the inclusion of specific items contained in a Task.

Limitations on Task Contents

Prohibited Items: Senders are prohibited from including in any Task, and all Drivers are prohibited from knowingly accepting, picking-up, carrying or delivering any Task containing the following “Prohibited Items”:
People
Anything illegal including, without limitation, recreational drugs and other contraband.
Any Hazardous Waste, defined as a “solid waste” that meets any of the criteria of the hazardous waste as described in 40 C.F.R. § 261.3.
Unset precious stones, industrial diamonds, any article that contains more than fifty percent by weight of gold or platinum or any combination thereof in raw form, including, but not limited to, bullion, bars, or scraps of these metals.
Any “Hazardous Material” not categorized as limited or excepted quantities as defined in 49 C.F.R., or categorized as limited or excepted quantities but not packaged and labeled in accordance with all applicable laws.
“Special Items” listed below, unless the Sender has the written permission of Ondy.
Special Items: Only certain Senders with special written permission from Ondy may send the “Special Items” listed below. These Senders are required to disclose each such Special Item when setting up the Task and must fully comply with all restrictions with respect to the Special Item set forth below, as well as all applicable laws and regulations with respect to such Special Items:
Cigarettes or any tobacco product, wine, beer or any other alcoholic beverages or any other product regulated and controlled by the United States Alcohol and Tobacco Tax and Trade Bureau (TTB). Only if the items are checked in airline baggage (complying with all TSA regulations for the transport on airplanes of the same) or if the items have been paid for and are being delivered to a person who is 21 years of age or older.
Firearms or weapons of any kind, any firearm or weapon parts, or ammunition in any Only if the items are checked in airline baggage (complying with all TSA regulations for the transport on airplanes of the same).
Common fireworks. Only if the items are checked in airline baggage (complying with all TSA regulations for the transport on airplanes of the same) or if the items have been paid for and are being delivered to a person who is 21 years of age or older.
Replica or inert explosives or weapons that bear an appearance to actual explosives or weapons. Only if the items are checked in airline baggage (complying with all TSA regulations for the transport on airplanes of the same) or if the items have been paid for and are being delivered to a person who is 21 years of age or older.
Any “Hazardous Material”, categorized as limited or excepted quantities as defined in 49 F.R. Only if packaged by the Sender and labeled in accordance with all applicable laws.
Prescription drugs and medicines or regulated over the counter medicine. Only if the items are checked in airline baggage (complying with all TSA regulations for the transport on airplanes of the same) or if the items have been paid for and are being delivered in accordance with state law.
Cremated remains, human remains, fetal remains, human body parts, or components Only if the items are checked in airline baggage (complying with all TSA regulations for the transport on airplanes of the same).
Heavy haul, oversize or overweight items, either individually or collectively, weighing more than 400 lbs., and/or individually exceeding more than 12 feet in any dimension (“Oversized Items”).
All live animals.
Any item(s) contained in a Task that Sender requests be transported over state lines (i.e. interstate).
Cigarettes, Tobacco Products, Wine, Beer or other Alcoholic Beverages: Other details regarding the delivery of cigarettes, tobacco products, wine, beer or other alcoholic beverages can be found in our FAQ.
Firearms and Weapons: Senders are responsible for ensuring that all firearms, weapons, firearm parts, weapon parts, or ammunition in a Task are secured in a locked container prior to being handed to the Driver and the Driver shall place the container in the trunk of the vehicle for the duration of the Task. For other rules and regulations regarding the transport of firearms, weapons, firearm or weapon parts, or ammunition, please click on the following links:

Hazardous Materials (“HAZMAT”): HAZMAT may be sent only in small or excepted quantities as defined in 49 CFR A major problem for most folks is recognizing HAZMAT that may include common household items such as alcohol, or seemingly benign items like dry ice (solid carbon dioxide or CO₂). Senders have the responsibility to ensure that, all HAZMAT is properly packaged, labeled, marked, identified and certified in compliance with applicable legal requirements, including having proper shipping papers with emergency response information, an emergency contact telephone number.
Prior to posting or offering on any Tasks containing HAZMAT in any form, all Senders have the responsibility to know the complete listings or tables of HAZMATs before including them in a Task. General information can be found at the US Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) Hazardous Materials Safety FAQs found at:

https://www.phmsa.dot.gov/about-phmsa/hazardous-materials-safety-faqs

Ondy is not responsible for the contents or loss of any Prohibited Item or any undisclosed Special Item. Ondy reserves the right to dispose of any Ondy Prohibited Item in its sole discretion and reserves all rights to instruct its Drivers on how to dispose of any Ondy Prohibited Item, including delivery to the proper authorities.

ONDY HAS AND TAKES NO RESPONSIBILITY OR LIABILITY FOR THE INCLUSION OF ANY PROHIBITED ITEMS IN ANY TASK OR A SENDER’S FAILURE TO DISCLOSE A SPECIAL ITEM OR LIVE ANIMAL OR SENDER’S FAILURE TO COMPLY WITH ALL APPLICABLE LAWS.

Packaging

Sender Open Box Policy: Ondy encourages the use of minimal packaging both to help our environment and so our Drivers know what they are taking along on their ride. When packaging is required or desired, Ondy supports and strongly encourages its Drivers and Senders to always use an Open Box Policy. Ondy’s Open Box Policy means our Senders should always leave packaging open so that a Driver may inspect the contents before leaving with the Task. If a Sender doesn’t leave the packaging open, a Driver always has the right to require a Sender to open packaging to inspect items before leaving with the Task.
Senders should know that a Driver is NEVER under an obligation to take or bring anything that the Driver has not been given the right to inspect as described and limited above and can always cancel the Task without penalty if a Sender does not allow inspection or gives a hard time about the Driver asking to inspect the Task.
Packing Your Tasks Generally: Senders have the responsibility to package items appropriately based on level of risk, fragility and other factors specific to the individual item. Ondy is not liable for loss or damage to any Task if it is not properly packed to withstand transport, or to ensure the safety and integrity of the item or in compliance with all applicable laws.
All packaging for such items should be based on the characteristics of the item, in the sole discretion of the Sender. Ondy cannot know what packaging is necessary for any item you send. Please use your common sense when packing your Task. It is a requirement of receiving reimbursement from the Ondy Protection Plan that you adequately package your Task. Ondy Inc. has no and will have no responsibility to protect you under its Protection Plan for any loss of, or damage to, any item that has not been adequately packed.
Packing Live Animals: All live animals must be packed in a cage or box that is adequate enough to contain the animal, including taking into account likely bursting and crushing. Packages containing animals requiring moisture during the Task must be constructed of water-resistant material such as wax coated, wax impregnated, or plastic corrugated. Ventilation holes should be provided as necessary.
Internal packaging materials must be used based on the characteristics of the animal, taking into consideration the necessary humane care for the animal during a Task. Lizards and geckos should be individually contained in bags constructed of breathable material, such as burlap. Insects should be contained in individual primary containers such as plastic jars with ventilation. Fish must be double bagged in strong plastic bags with a minimum thickness of 4 mils. Each primary bag should be approximately one third full of water with the remainder filled with oxygen.

Unless otherwise specifically arranged with the Driver, a Sender shall provide Driver with adequate food, water, food and water bowls and any other items required to provide for the needs of the animal during the Task. A Sender must also provide Driver with any additional packaging needed to prevent movement of any primary containers or receptacles within the outer box containing an animal.

ONDY PROTECTION PLAN

Basic Coverage:Ondy wants you to feel confident that your Task is in good hands. The Ondy Protection Plan will reimburse a Sender for its actual costs to replace or repair Senders’ items of personal property lost or damaged, or stolen during a Task if arising directly from a Driver’s negligence or willful misconduct, up to a maximum of $100.00 per Task. Such maximum applies no matter how many items are included in the Task.
Additional Protection: A Sender has the option to purchase Additional Protection for higher value Tasks. The current cost of Additional Protection will be shown in the App when a Sender arranges for the Task and any Additional Protection must be purchased at the time the Task is arranged. No Additional Protection can or will be added once the Task is assigned to a Driver.
If a Sender purchases Additional Protection, Ondy will reimburse a Sender for its actual costs to replace or repair Senders’ items of personal property that may be lost or damaged, or stolen during a Task and arising directly from a Driver’s negligence or willful misconduct, up to a maximum amount equal to the Additional Protection purchased. The total amount of Additional Protection purchased for a Task applies no matter how many items are included in the Task. A Sender must prove the value of the item(s) in the Task subject to the claim, regardless of the value declared or the amount of Additional Protection purchased. Ondy will not pay on a claim without proof of the declared value. You must also provide documentation that verifies the replacement or repair cost of the item subject to the claim.

PLEASE BE AWARE THAT NO MATTER WHAT TOTAL VALUE YOU DECLARE FOR YOUR TASK OR ANY INDIVIDUAL ITEM(S) CONTAINED IN SUCH TASK, ONDY’S MAXIMUM REIMBURSEMENT TO YOU FOR LOSS OR DAMAGE TO ANY OR ALL ITEMS IN THE TASKIS $100.00 UNLESS YOU PURCHASE ADDITIONAL PROTECTION.

Qualification for Protection

To qualify for the Ondy Protection Plan, the Sender must declare the value of all items in the Task and comply with Ondy’s other requirements when initiating the Task in the App or on the Website, including taking a picture of all items included in a Task. When submitting a claim, the Sender must complete a claim form and fully cooperate with Ondy in investigating the claim and shall provide such information and documentation as Ondy shall reasonably request in connection with the same including, where applicable, any packaging used by the Sender for the damaged item, proof of value of the damaged item, and where applicable, a satisfactory police report. Ondy will have no liability to a Sender, and no responsibility to pay on a Sender’s claim, if the Sender does not fully cooperate with Ondy in investigating the claim, including allowing Ondy to collect any replaced item prior to paying the claim.

General Limits on Recovery

Ondy’s liability to any Sender for loss, damage or theft of the Sender’s personal property during a Task is always limited to a Sender’s actual, documented costs to repair or replace the items subject to the claim. This is true whether the basic Protection is applicable or if the Sender has purchased Additional Protection. No matter the amount of Protection purchased, Ondy will only pay a Sender for Sender’s actual, documented costs to repair or replace the items subject to the claim. Additionally, notwithstanding a Sender’s purchase of Additional Protection, Ondy is not liable for loss and/or damage to any Task or any item(s) therein if the item(s) are not properly packed to withstand transport.

Limits on Recovery for Certain Items

The Ondy Protection Plan limits a Sender’s recovery for loss or damage to certain items and these limits apply whether or not you purchased Additional Protection. If your Task contains one of the items below, Ondy’s maximum liability and obligation to you for loss or theft of, or damage to, such items are as follows:

Checks: Ondy’s liability for checks contained in a Task is limited to the cost of stopping payment on and reissuing the check. Ondy will not pay for the face value of the check. Maximum reimbursement is $100 per Task.
Coins, currency, postage stamps, negotiable instruments, money orders. Ondy shall have NO liability for loss or theft of, or damage to, coins, currency, postage stamps, negotiable instruments, or money orders contained in a Task. No Reimbursement.
Phone Cards, Tickets, Gift Cards and Certificates, Coupons and Similar Matter: Ondy’s liability for phone cards, tickets, gift cards and certificates, coupons and similar matter contained in a Task is limited to the cost of replacing the physical card, certificate, or printed matter. Ondy is not liable for the face value of the card, gift certificate, coupon, or similar printed matter. Maximum reimbursement is $100 per Task.
Animals: Ondy shall have NO liability for loss or theft of, or injury or death to, any live animals contained in a Task. No Reimbursement.
Perishable Items: Ondy liability for perishable items contained in a Task is limited to those items properly packed to withstand transport for the length of the Task requested by the Sender, and then only if the loss or damage is due to the Driver’s failure to accomplish the Task within the time set forth in the request. Maximum reimbursement is $100 per Task.
Media: Ondy liability for media, such as documents, film, or photographs contained in a Task, is limited to the replacement cost of the media on which the content is recorded. Ondy will not reimburse for any emotional damages related to the loss or any other direct or indirect damages related thereto. Maximum Reimbursement up to limits of Additional Protection chosen by Sender.
Heirlooms, Antiques, One-of-a-Kind: Ondy liability for heirlooms, antiques, or one-of-a-kind items contained in a Task is limited to the actual monetary value of the item as shown by an invoice, sales receipt, appraisal, or with other proof of value of with a “like” item that can be verified. Ondy will not reimburse for “sentimental value” or any other direct or indirect damages related Maximum Reimbursement up to limits of Additional Protection chosen by Sender.
Unopened, new-in-box consumer electronics: Ondy liability for unopened, new-in-box consumer electronics contained in a Task is limited to cases where there is significant, visible and documented damage to the packaging of the item, which damage occurred while in the Driver’s possession. Maximum Reimbursement up to limits of Additional Protection chosen by Sender.
Used Electronics: Ondy shall have NO liability for “used” electronics contained in a Task. “Used” is defined as any such item that has been opened and removed from its original packaging, even if never actually used. No Reimbursement.
Prohibited and Undisclosed Special Items: Ondy shall have NO liability for any Prohibited Item or any undisclosed Special Item contained in a Task. No Reimbursement.

Additional Limitations in the Ondy Protection Plan Apply to Certain Senders

Ondy shall have no liability to a Sender for loss, damage or theft of items in a Sender’s Task, if a Sender is a courier, delivery service, or other person that provides aggregation and/or fulfillment services for deliveries (a “Third-Party Logistics Provider”) and uses Delivery Services provided through the Ondy Platform to deliver items that the such Third-Party Logistics Provider has been hired to deliver. Determination of whether a Sender is categorized as a Third Party Logistics provider is at Ondy’s sole discretion.

SENDERS SENDING ANY OF THE ABOVE ITEM(S) IN A TASK DO SO AT THEIR OWN RISK. ONDY WILL NOT REIMBURSE ANY SENDER FOR ANY TASK OR THE ITEM(S) IN THE TASK IN EXCESS OF ONDY’S MAXIMUM REIMBURSEMENT LIMITS SET FORTH ABOVE, NO MATTER THE ITEM(S) ACTUAL VALUE AND NO MATTER WHETHER SENDER PURCHASED ADDITIONAL PROTECTION FOR THE TASK.

THE ONDY PROTECTION PLAN DOES NOT APPLY TO ANY PROHIBITED ITEM OR ANY UNDISCLOSED SPECIAL ITEM AND UNDER NO CIRCUMSTANCES WILL ONDY REIMBURSE ANYONE FOR LOSS OR DAMAGE TO A PROHIBITED ITEM OR UNDISCLOSED SPECIAL ITEM WHETHER OR NOT ADDITIONAL PROTECTION HAS BEEN PURCHASED.

Filing a Claim

As a Sender, you must file a claim within three business days of the Task being delivered. To file a claim:

Collect proof of value documentation for the items that are part of the claim.
Collect pictures of the items that are part of the claim.
For a claim related to damaged items, obtain and keep the damaged If Ondy pays out on a claim, Ondy will need to collect the items.
Fill out all fields on the claim
Email the completed claim form, proof of value documentation, and all pictures of the damaged items to support@Ondy.io.

Proof of Value: A Sender must prove the value of the item in the Task subject to the claim, regardless of the value declared or the amount of additional protection purchased. Ondy will not pay on a claim without proof of the declared value. You must also provide documentation that verifies the replacement or repair cost of the item subject to the claim.

Packaging: A Sender must provide all packaging used in the packing of the items subject to the claim or the items themselves when submitting a claim. In cases of an unexplained loss or other mysterious disappearance of an item, the Sender must also provide a satisfactory police report with respect to the lost item or Task when submitting a claim.

Repairing or Replacing an Item: When repairing or replacing items, Ondy can reimburse the Sender in the following ways:

The lowest price paid for the item
The replacement cost of the item at the time and place of loss or damage
The cost of repairing the damaged item
You must provide a third-party repair quote or evaluation from a qualified repair facility. If the third-party decides that the items as not repairable, Ondy will pay the actual or replacement value up to the maximum liability under the Ondy Protection Plan.

Remember, you must submit all repair quotes as part of the claims process. While Ondy may pay the cost of repair, it is the Sender’s responsibility to have the item repaired. If Ondy pays to replace any damaged item, Ondy shall be deemed to have purchased the item from the claimant, and payment for the claim is conditioned on the claimant transferring possession of the damaged item to Ondy.

Loss or Damage to Limited Part of Items: In the event of loss or damage to a set of items, Ondy is only liable to the value of the part of the set that is lost or damaged. Ondy is not liable for the value of the whole pair or set. In the event of loss or damage to any part of an item (including any part of a machine) that consists of several parts, Ondy is only liable for the value of the part lost or damaged, not to exceed the declared value of the part lost or damaged. In no event will Ondy be liable for the value of the complete item.

Third-Party Claims Providers: Ondy may use a third-party provider to manage the claims process. In cases of damage to a Ondy Special Item, Ondy (or its provider) will analyze the integrity of packaging and associated materials and will determine adequate packaging in its sole discretion.

YOU ACKNOWLEDGE AND AGREE THAT OUTSIDE OF THE ONDY PROTECTION PLAN ONDY DOES NOT HAVE CONTROL OVER, AND HAS NO RESPONSIBILITY FOR, ANY DAMAGE TO THE CONTENT(S) OF A TASK AND THAT A DRIVER IS SOLELY RESPONSIBLE TO A SENDER THEREFOR.

CANCELATIONS AND NO-SHOWS

Cancelation by Senders: If a Sender needs or wants to cancel a Task, please cancel the request as soon as possible. This will notify the Driver and free them up to accept other Tasks from other Senders. To cancel a Task, tap Cancel on the Task Details screen within the Ondy App, or call Customer Support at 1-(201) 699-5700.

What Happens When a Sender Cancels or is a No Show? Ondy will charge a Sender $10 for each canceled Task and/or each no-show. A Task is deemed canceled if the Sender cancels the Task once a Driver is already on his way to fulfill the Task (“Cancellation“). A Sender will be considered a no-show if the Sender drop offs the Task at the designated pick-up or drop-off location (1) more than 15 minutes after the agreed pick-up/drop-off time without calling, messaging or otherwise contacting the Driver through the Platform, or (2) more than 30 minutes after the agreed pick- up/drop-off time, whether or not Sender has contacted the Driver (“No-Show“). If either a Sender Cancelation or No-Show occurs, a $10 cancelation fee is automatically charged to the Sender’s account.

A Sender will not be charged a cancellation fee if they cancel a Task due to a Driver’s No-Show, or Cancelation or if they cannot contact a Driver during the performance of their Task.

Cancellation by Drivers: If a Driver needs or wants to cancel a Task, please cancel the Task as soon as possible. This will notify the Sender and allow another Driver to accept the Task. To cancel a Task, tap Cancel on the Task Details screen within the Ondy App, or call Customer Support at 1-(470)-785-9787.

ACTIONS LEADING TO TEMPORARY LOCKS AND/OR PERMANENT DEACTIVATION OF ACCOUNTS

Generally, without limiting any other of its remedies at law or in equity, Ondy may temporarily lock and/or permanently deactivate your Ondy account and access to the Platform and eliminate your ability to offer to perform Delivery Services if:

you breach, are suspected of breaching, or are alleged to have breached these Terms or the Terms or any Driver or Sender Agreement to which you are subject or any of Ondy’s other terms or policies governing a User’s use of the Platform;
we are unable to verify or authenticate any information you provide to us;
we believe that your actions may cause financial loss or legal liability for you, our Users or Ondy, its affiliates, or third party providers; we believe you may subject Ondy or you or any other User to regulation by any state or local government or regulatory agency;
we suspect or it has been alleged that you have engaged in fraudulent, illegal or harmful activity in connection with your use or access of the Ondy Platform or App, or in connection with your receiving or providing Delivery Services or you or your account is the subject of an investigation of alleged or suspected fraudulent, illegal or harmful activity; or
Prohibited Items are discovered in your Task.

Other Actions Leading to Locked or Deactivated Accounts

Cancelations and No Shows: Ondy may temporarily lock your account after your second Cancelation or No Show and may permanently deactivate your account upon your third Cancelation or No Show.
Negative Ratings: Ondy may temporarily lock or permanently deactivate a Driver’s account if the Driver’s overall rating falls below 4-stars.
Ondy Protection Plan Claims: Ondy may temporarily lock your account if your Task is subject to a claim under the Ondy Protection Plan during the investigation of such claim. If a User is found to be liable for the claim, Ondy may permanently deactivate the account of a Driver or Sender. Additionally, Ondy may permanently deactivate an account if a Driver or Sender has 2 or more Tasks that are the subject of claims under the Ondy Protection Plan.
Loss of Items in Tasks: Ondy will temporarily lock a Driver’s account if your Task is subject to a claim of “shortages” or “mysterious disappearances” during the investigation of such claim. If a User is found to be liable for the claim, Ondy may permanently deactivate the User’s account. Additionally, Ondy may permanently deactivate the account of a Driver if the Driver completes 2 or more Tasks with “shortages”; or if a Driver has 2 or more “mysterious disappearances” of an item in a Task.

Inactive Accounts: Ondy reserves the right to permanently deactivate any User’s account that has been “inactive” for 60 days or more. If a Driver has not offered on a Task within the past 60 days, such Driver is deemed to be inactive.

Reactivation of Temporarily Locked Accounts: Ondy may reactivate any Driver or Sender account temporarily locked after investigation by Ondy in its sole discretion.

Appeal Process

Ondy may temporarily lock a User’s account while investigating any incident or action that could lead to Ondy permanently deactivating the User’s account. The User’s account may be locked for such time as Ondy determines is necessary to complete its investigation, in its sole discretion.

Ondy does not make the decision to permanently deactivate a Driver’s account without a complete investigation. But we also understand that sometimes there may be extenuating circumstances of which Ondy may not be aware. Therefore, in many instances we allow a Driver to appeal Ondy’s decision to permanently deactivate their account.

Certain deactivation decisions, especially those related to zero tolerance violations, are not eligible for appeal. For example, we will not accept appeals for deactivation related to criminal activity while on the App, including fraud, theft or reckless driving. Likewise, we will not accept appeals related to harassment, verbal slurs or profanity directed to any individual, or physical or sexual altercations.

Otherwise the majority of deactivation decisions will be eligible for appeal. Because it is impossible to anticipate the full range of reasons that could result in the deactivation of a Driver’s account, ultimate determination of eligibility will be made by Ondy on a case-by-case basis. A Driver will be allowed only one appeal. All appeal decisions made by Ondy are final and not subject to further appeal.

You can find the full details of Ondy’s appeal process in the email you received notifying you of the deactivation of your account. If you believe your deactivation is eligible for an appeal, please submit your appeal by following the instructions in your deactivation email.

Deactivated Accounts

If your account is permanently deactivated, your account information will be deleted and you will be removed from the Ondy Platform. Permanent deactivation will cause you to lose your user name and persona as well as any privileges, badges or other earned items associated with your account. If your account was not deactivated for cause, you may open a new account on the Platform. It will be considered a material breach of these Terms if a User who has been deactivated for cause, opens a new account on the Platform and such new account will be deactivated without notice upon discovery. Ondy is under no obligation to compensate any User for any losses as a result of a User’s deactivation.

ALL ONDY ACTIONS TAKEN WITH RESPECT TO THE TEMPORARY LOCK

AND/OR PERMANENT DEACTIVATION OF YOUR ACCOUNT MAY BE TAKEN IN ONDY’S SOLE DISCRETION,

WITH OR WITHOUT NOTICE, AND WITHOUT LIABILITY TO YOU.

BILLING AND PAYMENT

Ondy is not and will not be a party to the agreements between Users for a Driver to perform Delivery Services using our Platform, including the Sender’s agreement to pay the Driver. Therefore, all Users of our Platform are required to provide to Ondy their credit card or bank account details and such other information needed to vet the User and the Payment Service Provider retained by Ondy (the “PSP”). By accepting these Terms, each User agrees that they have downloaded or printed, and reviewed and agreed to the PSP Agreement. Please note that Ondy is not a party to the PSP Agreement and has no obligations or liability to any User under the PSP Agreement.

Billing: Senders will be responsible for paying the invoice for each Task contracted for (the “Invoice”), which will include (i) the pricing terms of the Task provided to a Driver, (ii) reimbursement of tolls and parking fees incurred by Driver in connection with the Task if such Sender has agreed to reimburse for the same; and provided Driver submits the same in accordance with the below section “Reimbursement for Parking Fees and Tolls, (iii) any cancellation, no-show fee or wait fees, as may be applicable to the Task, and (iv) any other fee Ondy may assess for use of its Platform (combined, the “Task Payment”). Unless otherwise agreed by Ondy, any fees that Ondy may charge a User for their use of the Ondy Platform (including to receive or perform any Delivery Services), are due immediately and are non-refundable and this no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Platform or the Delivery Services either planned, accidental or intentional, or any reason whatsoever. Ondy reserves the right to determine final prevailing pricing and any pricing information published on the Ondy Website may not reflect the current pricing.
Users of our Platform will be liable for any taxes (including VAT, if applicable) required to be paid because of the User’s use of or access to the Ondy Platform, or receiving or performing any Delivery Services or on any Task Payment received (other than taxes on the Ondy’s income).

Payment, Withholding and Release

If chosen, a Driver is solely responsible for completing delivery of the Task as agreed upon BEFORE being paid. Within 24 hours after a Sender receives confirmation through the Platform that their Driver has completed the Task, the Sender will authorize Ondy to provide the Sender’s payment details to the PSP for processing of Task Payment. Ondy, in its sole discretion, may place a hold on a Driver’s Task Payment if the delivery of the Task is not provided expressly in accordance with the Sender’s directions set forth in the request for Delivery Services, and these Terms, and/or Ondy determines it otherwise necessary or advisable to place a hold on such Task Payment, including without limitation if Ondy has any suspicion or reason to believe that a Driver or Sender has breached these Terms, including, without limitation by (1) a claim has been made under the Ondy Protection Plan for loss, damage or theft to a Task carried by Driver, (2) sending or accepting items on the Prohibited Item list; (3) establishing an account with Ondy or entering into a Task with the purpose of defrauding Ondy or any other party; (4) using a stolen credit card or any other false information to establish an account with Ondy or pay for a Task; or (5) otherwise engaging in any questionable or fraudulent activity in connection with the performance of the Task or access and/or use of the Ondy Platform.

Ondy will release the Task Payment to a Driver upon establishing the validity of the accounts and Tasks under suspicion, in Ondy’s sole but reasonable discretion.

ONDY WILL NOT RELEASE SENDER’S PAYMENT TO THE DRIVER UNTIL THE PERFORMANCE OF THE TASK IS COMPLETED BY THE DRIVER AS AGREED UPON HEREIN.

Reimbursement for Parking Fees and Tolls

Some Senders reimburse a Driver’s for the cost of parking fees and tolls incurred while performing the Task, but not all. If a Sender has agreed to reimburse Drivers for parking fees and tolls, the Task as posted in the Platform includes an indication that parking and tolls will be reimbursed and provides the Driver a place to enter their receipts after completing the delivery. A Driver will be reimbursed for parking fees and tolls incurred and paid for by Driver while performing a Task ONLY if the Driver presents their receipts therefor (or other adequate evidence of incurring the same) within fifteen (15) days of incurring the expense.

Driver Teams and Driver Personnel

There is only one Invoice and Task Payment per Task. If Drivers are in a Driver Teams, or if the Driver uses Driver Personnel to provide Delivery Services on his/her/its behalf, the Driver account assigned the Task will receive the entire Task Payment and it is the responsibility of the Driver receiving payment to divide among Team members and/or pay its Personnel. Once the Task Payment is released to the assigned Driver account, Ondy will have no further liability or responsibility to any Driver, member of a Driver Team, or Driver Personnel for any payment connected to such Task.

Notwithstanding the above, under no circumstances may a Driver be accompanied by (1) a minor; (2) any unnecessary/non-essential person, including any Driver Team member or Driver Personnel if not needed for the specific Delivery Services being provided; and (3) any other person (including Driver Personnel) while performing any Delivery Services containing prescription medicine or pharmaceuticals.

Service Dogs

Drivers are not to have animals in their delivery vehicle, including Service Dogs unless such Service Dog is necessary to the Driver’s performance of Delivery Services. If a Driver must have a Service Dog present, all Task items must be kept in a separate container that provides protection from pet hair and dander. In no event shall a Driver with a Service Dog offer to provide Delivery Services for Tasks containing food and food related items, clothing or unpackaged items. Drivers should note that Service Dogs may cause complaints from Senders and or Task recipients and such complaints may lead to the deactivation of the Driver’s account.

Intellectual Property

Ownership: Ondy owns all intellectual property rights in and to the Platform and the App, including but not limited to database rights, copyright, design rights, trademarks and other similar rights, whether or not currently registered, wherever existing in the world together, with full rights to apply for protection of the same, and your use of the Platform or App gives you no rights therein.
Platform and App License: Ondy owns and retains ownership in the Ondy Platform and App, and all intellectual property and proprietary rights therein. Contingent upon your compliance with the terms and conditions of the Terms, Ondy hereby grants to you a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the Platform via the App on any authorized Android Device that you own or control and/or any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules“). This license does not allow you to use the Platform or App on any Device that you do not own or control. The terms of the license will govern any upgrades provided by Ondy that replace and/or supplement the Ondy Platform or App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Ondy reserves the right to stop offering and/or supporting our Platform, App or our Users’ ability to receive or perform Delivery Services or any particular portion or part of our Platform, App or access to Delivery Services at any time, at which point your license to use the Platform or App or your access to the Delivery Services therefrom, or any part thereof, will be automatically deactivated. In such event, Ondy shall not be required to provide refunds or other compensation to users in connection with such discontinued Platform, App or access to Delivery Services.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform or the App in any way; (ii) modify or make derivative works based upon the Platform or the App; (iii) create Internet “links” to the Platform, alternate access to Delivery Services, or “frame” or “mirror” any App on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Platform or App to copy any ideas, features, functions or graphics of the Platform or App whether to build competitive products or services using similar ideas, features, functions or graphics of the Platform or App, or otherwise; (v) launch an automated program or script that unduly burdens, interferes, disrupts, hinders the integrity, operation and/or performance of the Platform or App (or the data contained therein) in any way or for any User, including but not limited to Trojan horses, viruses, worms, web spiders, web crawlers, web robots, web ants, web indexers, bots, or any program which may make multiple server requests per second, or send and/or store in our App; (vi) attempt to gain unauthorized access to the Platform or App or its related systems or networks, or circumvent or attempt to defeat any security or verification measures relating to use of the Platform or App; or (vii) use our Platform or App to send spam or otherwise duplicative or unsolicited messages, send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violates third party privacy rights or send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.
Licenses Granted by Ondy in Content: Subject to your compliance with the Terms, including without limitation Driver and Sender Agreements, Ondy grants you a limited, non-exclusive, non- transferable license: (i) to view, download and print any Content that Ondy makes available through the Platform or App, including any Content licensed from a third party (“Ondy Content“), but excluding any Content that a User posts, uploads, publishes, submits or transmits to be made available through the Platform or App, including any questions, comments, suggestions, ideas, or feedback (“User Content” and with Ondy Content collectively, “Collective Content“); and (ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense these license rights granted by Ondy above.
Ondy Content may be used solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform, App or Collective Content, except as expressly permitted in the Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Ondy or its licensors, except for the licenses and rights expressly granted in the Terms.
You agree that Ondy has no responsibility to, and may not, monitor your access to or use of Collective Content or review or edit any Collective Content. Ondy reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Ondy, at its sole discretion, considers to be in violation of these Terms or otherwise harmful.
License Granted by User: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available or posting any User Content on or through the Platform or App, you hereby grant to Ondy a worldwide, irrevocable, perpetual, exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, disseminate and otherwise exploit such User Content. Ondy shall be entitled to the unrestricted use of all User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Ondy claims no ownership rights in any User Content and nothing in the Terms will be deemed to restrict any rights that you may have to use and exploit your User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Platform or App. By posting or making available any User Content, you represent and warrant that: (i) you are the sole and exclusive owner of all User Content that you make available or post or you have all right, license, consent and release that are required to grant to Ondy full rights in such User Content, as contemplated under the Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Ondy’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Copyright Policy: Ondy respects copyright law and the intellectual property of others and expects its Users to do the same. Ondy will deactivate a User’s account that repeatedly infringes or are reasonably believed to be repeatedly infringing the rights of copyright holders. If you believe, in good faith, that any materials on our App or Website infringe upon your copyrights, please send the following information to Ondy’s Copyright Agent at info@Ondy.io:

A description of the copyrighted work that you claim has been infringed, including sufficient information to locate the specific place on our App or Website where the material is located. Please include sufficient information to locate the material and explain why you think an infringement has taken place;
A complete description of the location where the original or an authorized copy of the copyrighted work exists; e. an Internet address where the work is posted or the name of the book in which it was published;
Your address, telephone number, and e-mail address;
A signed statement by you that, in good faith, you believe that the disputed use is not authorized by the copyright owner, its agent, or law;
A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

Other Third Party Interactions

Via the Ondy Platform, including on our Website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Website or App. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Ondy and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. Ondy does not endorse any sites on the Internet that are linked through the Website or App, and in no event shall Ondy or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. Ondy provides the Website and App to you pursuant to these Terms and certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services. Ondy has no responsibility or liability arising from any agreements between you and such third party providers.
Ondy may rely on third party advertising and marketing supplied through the Website or App and other mechanisms to subsidize the Website or App. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. Ondy reserves the right to charge you a higher fee for access to the Platform should you choose not to receive these advertising services, if offered. This higher fee, if applicable, will be posted on Ondy’s Website located at https://www.ondy.io.

SMS Messaging

All of our Users are automatically opted-in to receive SMS messaging when signing up for our Platform and must agree to receive SMS messages in order to use our Platform and receive or provide Delivery Services via the Platform and data rates may apply. If you change your mobile phone service provider all SMS messaging services from Ondy may be deactivated. Ondy reserves the right to cancel SMS messaging services at any time.

Notices

Ondy may give Users general notice regarding the Platform, these Terms, Drivers or Senders Agreements, or otherwise via electronic mail to your email address on record in Ondy’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Ondy’s account information. Any legal or formal notices, requests or other communications required or permitted to be given hereunder shall be in writing and shall be delivered by hand, by overnight courier, mailed by United States registered or certified mail, return receipt requested, postage prepaid, and addressed to the appropriate party at its address set forth below.
Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Ondy (such notice shall be deemed given when received by Ondy) at any time by email at operations@Ondy.io with a copy to legal@Ondy.io and/or letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Ondy at 3565 Piedmont Road, Building 4, Suite 120, Atlanta, GA 30305, addressed to the attention of: Head of Operations. Ondy will give notice to Driver at the address provided by Driver when forming their account on the Ondy Platform.

Assignment

You may not assign your responsibilities, duties and obligations (or any portion thereof) as set forth in these Terms, including in any Driver or Sender Agreement, as applicable, to any party without the prior written approval of Ondy in each instance. Any purported assignment in violation of this section shall be void.

Export Control

You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that none of the Platform, App, any technical data related thereto or any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Platform, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

LEGAL STUFF

YOU HEREBY GRANT ONDY PERMISSION AND THE FULL RIGHT AND AUTHORITY TO FULLY INVESTIGATE AND PROSECUTE VIOLATIONS OF ANY OF THESE TERMS (INCLUDING ALL DOCUMENTS AND AGREEMENTS REFERENCED OR INCORPORATED HEREIN) TO THE FULLEST EXTENT OF THE LAW, INCLUDING INVOLVING, COOPERATING OR DISCLOSING YOUR PERSONAL INFORMATION TO LAW ENFORCEMENT AUTHORITIES IN CONNECTION THEREWITH.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY WITHHOLD TASK PAYMENTS, LIMIT, LOCK OR DEACTIVATE YOUR USER ACCOUNT, PROHIBIT ACCESS TO OUR PLATFORM, APPS, WEBSITES, AND THEIR CONTENT (INCLUDING YOUR OWN), SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT ANY USER FROM ACCESSING OUR PLATFORM, APPS, WEBSITES OR ANY PORTION THEREOF IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS AND OTHER PUBLISHED ONDY TERMS OR POLICIES.

Disclaimer of Warranties and Limits on Ondy’s Liability to You

NEITHER ONDY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR PLATFORM AND ONDY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES AND LICENSORS ARE NOT BE LIABLE FOR ANY LOSS, CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM OR YOUR RECEIVING OR PROVIDING DELIVERY SERVICES. BY USING THE PLATFORM YOU THEREBY RELEASE ONDY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES AND LICENSORS FROM ANY LIABILITY RELATED TO ANY USE OF OUR PLATFORM OR YOUR RECEIVING OR PROVIDING DELIVERY SERVICES OR THE CONDUCT OR MISCONDUCT OF A USER.
No Warranties, Express or Implied: The Delivery Services, Platform and App are provided to you strictly on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement and all warranties are hereby disclaimed by Ondy to the maximum extent permitted by applicable law. Ondy makes no warranties or representations about the accuracy or completeness of any content provided through the Platform or App or the content of any websites linked to the Platform or App.
Ondy does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Platform or App or any hyperlinked website or featured in any banner or other advertising and Ondy will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
Without limiting the foregoing, neither Ondy nor its affiliates or licensors warrant or guarantee:

that access to the Delivery Services, Platform or App will be uninterrupted, error-free, secure, timely or operate on any Device or in combination with any other hardware, application, system or data;
as to the results that may be obtained from the use of the Delivery Services, Platform or App;
that the Delivery Services, Platform or App, or the quality of any products, services, information or other material purchased or obtained by you through the Platform or the App, will meet your requirements or expectations;
as to the timeliness, accuracy, or reliability, of any User;
as to the timeliness, accuracy, or reliability of our Delivery Services, Platform or App, or any information or materials provided through or in connection with the use of the Delivery Services, Platform or App;
as to the completeness or content of any Task;
that the Platform and App are free from viruses, worms, Trojan horses, or other harmful components or that any errors or defects in the Delivery Services;
Platform or App will be corrected; or
that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.

Limitations of Liability: YOU ACKNOWLEDGE AND AGREE THAT ONDY IS ONLY WILLING TO PROVIDE THE PLATFORM IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES.

ONDY EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS PLATFORM. USE OF OUR PLATFORM, AND RECEIVING OR PERFORMING DELIVERY SERVICES THEREUNDER ARE ENTIRELY AT A USER’S OWN RISK.

ONDY CURRENTLY DOES NOT AND HAS NO OBLIGATIONS TO ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY USER TO PERFORM OR COMPLETE A TASK AND YOU EXPRESSLY WAIVE AND RELEASE ONDY FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO A USER’S PERFORMANCE OF A TASK. YOU ACKNOWLEDGE THAT USERS PROVIDING DELIVERY SERVICES REQUESTED USING THE ONDY PLATFORM OR APP MIGHT NOT BE PROFESSIONALLY LICENSED OR PERMITTED AND MAY NOT HAVE THE PROPER INSURANCE. ONDY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN ANY OF OUR USERS. YOU EXPRESSLY WAIVE AND RELEASE ONDY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR ACCESS OR USE OF THE ONDY PLATFORM, APP OR YOUR RECEIVING OR PERFORMING DELIVERY SERVICES, OR IN ANY WAY RELATED TO ANOTHER USER OR ANY OTHER THIRD PARTY INTRODUCED TO YOU BY THE PLATFORM, APP OR DURING A TASK, OR OTHERWISE.

YOU AGREE NOT TO HOLD ONDY, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM, APP OR DELIVERY SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY ONDY OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION AND WHETHER OR SUCH CONDUCT, ACT OR OMISSION OCCURS DURING YOUR USE OR ACCESS OF THE PLATFORM OR APP OR DURING THE PERFORMANCE OF A TASK.

UNDER NO CIRCUMSTANCES WILL ONDY, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE TO YOU, ANOTHER USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM, APP OR DELIVERY SERVICES, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN A DRIVER, SENDER, ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS A USER OF THE PLATFORM OR APP INCLUDING FOR PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, EVEN IF ALL PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IF NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ONDY OR ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU OR TO YOU DURING THE SIX MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE

YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

RELATIONSHIP BETWEEN ONDY, DRIVERS AND SENDERS

No joint venture, partnership, employment, or agency relationship exists between you, any other User, Ondy or any third party provider as a result of a User entering into a Driver or Sender Agreement, their use of the Platform or their providing or receiving Delivery Services via the Platform. If any provision of these Terms or any Drivers or Senders Agreement is held to be invalid or unenforceable, such provision shall be revised as minimally as possible to validate or enforce the same, as well as the original intent of these Terms, and the remaining provisions shall be enforced to the fullest extent under law. The failure of Ondy to enforce any right or provision in these Terms, any Driver or Sender Agreement shall not constitute a waiver of such right or provision unless specifically acknowledged and agreed to by an authorized person from Ondy in writing. Unless Ondy has entered into a separate written agreement with a User addressing their access or use of our Platform or App or the Delivery Services, these Terms, and all agreements and documents referenced herein, including without limitation the Drivers and Senders Agreements, comprise the entire agreement between our Users and Ondy superseding all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between a User and Ondy regarding a User’s use of and access to the Ondy Platform, Website, App and Delivery Services.
If you have entered into another Agreement with Ondy and/or any Ondy affiliate you acknowledge that document also is part of our agreement regarding your use of the Ondy Platform.
If you have entered into a Dispute Resolution and/or Arbitration Agreement with Ondy, and/or any Ondy affiliate, you acknowledge that those documents are also a part of our agreement regarding your use of the Ondy Platform.

Terms of Use & Conditions

Introduction:

OUR SERVICES UNITE DRIVERS AND SENDERS

User Representations and Warranties

Ondy Non-Discrimination Policy

Ondy Respect Others Policy

Background Check Process

DRIVERS’ RESPONSIBILITIES

Permits, Auto Insurance and Health Insurance

Confidential Information

Special Items

Inspection of Task Contents

Driver Teams and Driver Personnel

SENDER RESPONSIBILITIES

Limitations on Task Contents

Packaging

ONDY PROTECTION PLAN

Qualification for Protection

General Limits on Recovery

Limits on Recovery for Certain Items

Filing a Claim

CANCELATIONS AND NO-SHOWS

ACTIONS LEADING TO TEMPORARY LOCKS AND/OR PERMANENT DEACTIVATION OF ACCOUNTS

Appeal Process

Deactivated Accounts

BILLING AND PAYMENT

Payment, Withholding and Release

Reimbursement for Parking Fees and Tolls

Driver Teams and Driver Personnel

Service Dogs

Intellectual Property

SMS Messaging

Notices

Assignment

Export Control

LEGAL STUFF

Disclaimer of Warranties and Limits on Ondy’s Liability to You

RELATIONSHIP BETWEEN ONDY, DRIVERS AND SENDERS