TERMS OF SERVICE
Last Modified: 12/21/2017
Welcome to Onata, the online and mobile service of Onata, Inc. and its affiliates (collectively, “Onata,” “we,” or “us”) that provides a community platform where you can connect with people or companies who are seeking or providing useful products or services, including general household tasks, lending and/or borrowing, neighborhood services and volunteer services (collectively, the “Services”). These Terms of Services (“Terms”) explain the terms by which you may use our Services accessible through our online website at www.onata.com and/or our mobile app, Onata Seeker/Onata Provider (collectively, the “Site”). We offer a wide range of Services on the Site, and sometimes-additional terms may apply. When you use a particular Service, you will also be subject to any applicable guidelines, terms and agreements applicable to that Service (the “Service Terms”). If these Terms are inconsistent with the Service Terms for the applicable Service, the applicable Service Terms will control. Onata may occasionally make changes to these Terms and/or the Service Terms and will provide you with notice of these changes as described below.
IMPORTANT: PLEASE REVIEW THE ARBITRATION TERMS SET FORTH BELOW, AS THESE TERMS WILL REQUIRE YOU TO RESOLVE DISPUTES WITH ONATA ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH OUR POLICIES AND PRACTICES, PLEASE DO NOT USE THE SERVICES OR THE SITE.
THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE ADDITIONAL LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
TABLE OF CONTENTS
1.INTRODUCTION TO ONATA
2.ELIGIBLITY AND VETTING
4.USER ACCOUNTS AND SETTINGS
5.USING THE SERVICES
8.OUR PROPRIETARY RIGHTS
10.BILLING AND PAYMENT TERMS
11.SPECIAL PROMOTIONS, REWARDS, GIFT CARDS AND COUPONS
12.THE BETTER SERVICE PROMISE
13.EMAIL, TEXT MESSAGING AND PHONE CALLS
15.THIRD-PARTY LINKS AND INFORMATION
16.USE OF SERVICE PROVIDERS
19.LIMITATION OF LIABILITY
20.ADDITIONAL TERMS FOR MOBILE APPLICATIONS
21.GOVERNING LAW AND ARBITRATION
1. INTRODUCTION TO ONATA
The Services are comprised of an online marketplace and software platform through which Users seeking to obtain certain products or services (the “Seekers”) can connect with other Users that are able to provide those products or services under agreement with Onata or certain of Onata’s affiliates (the “Providers”). For Services other than general Services, please review our additional Service Terms for Volunteering Services, Neighborhood Services, and Lending and Borrowing Services (collectively, “Additional Services”). Through each of the Services Users can seek and provide sub-categories of products and/or services (each, a “Gig”). For example, under our general lawn Services, you can choose lawn mowing as a Gig or under our general cleaning Services, you can choose cleaning your house or cleaning specific rooms in your house.
You acknowledge and agree that the Site merely connects Seekers and Providers by providing information about the Services and Gigs that may be available, and provides a platform for Users to communicate with respect to these Gigs. You understand and agree that Onata is does not itself provide Services or Gigs, nor is Onata a Seeker or Provider, or acting on behalf of either any Seeker or Provider using the Services or otherwise. The provision of all Gigs is up to the Providers, and such Gigs may be scheduled through the Site.
PROVIDERS ARE NOT EMPLOYEES OR CONTRACTORS OF ONATA, AND ONATA IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY SEEKER OR PROVIDER.ONATA DOES NOT PERFORM GIGS AND DOES NOT EMPLOY OR CONTRACT WITH INDIVIDUALS TO PERFORM GIGS. USERS HEREBY ACKNOWLEDGE THAT ONATA DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A PROVIDER’S WORK AND IS NOT RESPONSIBLE FOR THE WORK PERFORMED OR THE GIGS IN ANY MANNER. ONATA, THROUGH THE SITE, OFFERS INFORMATION AND A METHOD TO BOOK SERVICES AND GIGS, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH SERVICES OR GIGS ITSELF OR ACT IN ANY WAY AS A PROVIDER, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY SERVICES AND/OR GIGS PROVIDED TO THE SEEKER BY PROVIDERS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.
If you choose to use the Site and/or the Services, interact with any other User or enter into any Gigs, you act exclusively on your own behalf and for your own benefit. You acknowledge and agree that you are not acting on behalf of or for the benefit of Onata, and you agree not to do anything to mislead any person or entity to the contrary. Onata does not endorse any Provider or Seeker or refer any Provider to any Seeker or vice versa. Onata does not control, and has no right to control, your activities related to any of the Gigs, either on or off the Site, or any other matters related to the Gigs.
The Services are not available where prohibited or limited by applicable law.
2. ELIGIBILITY AND VETTING
2.1. User Eligibility
Any access to or use of the Site or Services by anyone under 16 is strictly prohibited and in violation of this Agreement. This Agreement is a binding contract between Onata and you. By agreeing to this Agreement, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use the Site or Services. If you are under the age of 18, you represent that a parent or legal guardian agrees to this Agreement on your behalf. You also promise that any registration information you submit to Onata is true, accurate, and complete, and you agree to keep it that way at all times. The Site and Services are not available to any Users previously removed from the Services by Onata.
2.2. User Vetting and Disputes
Onata categorizes its Providers into three categories: Apprentice, Handyman and Professional. Onata verifies the identity and checks the background of all Providers via third party identity verification and background check services. However, each Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. Onata does not warrant that any such screen is accurate, complete, conclusive or up-to-date, and does not assume any responsibility for the accuracy or reliability of identity or background check information or any information provided through the Site and/or Services. Similarly, Onata does not endorse reviews of Users by other Users that may be available via the Services, and Onata makes no commitments that such reviews are accurate or legitimate. If you want to find out more information about how we vet Providers, please see our User Vetting Policy for more details.
We encourage our Providers and Seekers to resolve issues between themselves. If for any reason this process fails, you can contact us at helpdesk@Onata.com. If necessary, refunds will be deposited into the Seeker’s User Account. Onata reserves the right to cancel and refund any Services and/or Gigs at any time without a reason.
NONE OF THE ONATA PARTIES (AS DEFINED BELOW) ARE RESPONSIBLE FOR ANY OF THE GIGS OR PERFORMANCE THEREOF OR THE CONDUCT OF OR INTERACTIONS BETWEEN, WHETHER ONLINE OR OFFLINE, OF ANY USERS OF THE SITE OR SERVICES AND YOU HEREBY RELEASE ALL OF THE ONATA PARTIES FROM ANY LIABILITIES, CLAIMS, DEMANDS, SUITS, INJURIES, LOSS, HARM AND/OR OTHER DAMAGES ARISING FROM OR IN ANY WAY RELATED THERETO. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.
2.3 Handymen and Professional Providers
Onata does not oversee, monitor or supervise the posting, negotiation or performance of Gigs. Accordingly, Seekers must determine for themselves whether a Provider is qualified to perform the specific Gig at hand. Seekers may wish to consult their state or local requirements to determine whether certain Services or Gigs are required to be performed by a licensed professional. In certain cities, Seekers can now find licensed professionals who carry the necessary state or local level licenses and required insurance to perform such Gigs via the Site (the “Professional Providers”). Professional Providers will be explicitly identified as licensed professionals and only Providers with such designation have been verified by Onata to have both a license and insurance. Certain Providers on the Site may have a license, but no insurance, or insurance, but no license (the “Handyman”). Please see our User Vetting Policy for more details on how we designate Professional Providers and Handymen.
2.4 Use Outside of the United States is Prohibited
Use of the Services is void where prohibited. Onata does not offer the Services outside of the United States and the Services are intended for a United States audience and controlled and offered by Onata from the United States. Onata makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own risk and are responsible for compliance with local law. Onata expressly disclaims any responsibility or liability for any and all such use outside of the United States.
4. USER ACCOUNTS AND SETTINGS
4.1 User Accounts
To give you access to the Services, including to enable you to book Gigs through our Site, you must establish an account with us (your “User Account”). We may maintain different types of User Accounts for different types of Users. By connecting to Onata with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
When creating your User Account, you may be asked to provide certain registration details or other information. You represent and warrant that: (a) all required registration information you submit is correct, current, and complete; (b) you will maintain the accuracy of such information; (c) your use of the Services does not violate any applicable law or regulation; (d) all of your communications with other Users will be in good faith and truthful; and (e) your facility and the location from where you are accessing and using the Services is located in the United States. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your User Account. You must notify Onata immediately of any breach of security or unauthorized use of your User Account. Onata will not be liable for any losses caused by any unauthorized use of your User Account. You may never use another User’s User Account without permission.
4.2 User Profile and Settings
You may control your User profile and how you interact with the Services by changing the settings in your app by going to side panel menu [Symbol] Setting and in the web app go to side panel [Symbol] User, once you’re logged in.
5. USING THE SERVICES
5.1 Limited License
Subject to your compliance with the terms and conditions of these Terms and your payment of any applicable Gig Fees, Support Fees, Subscription Fees, and Lead Fees (each, as defined below), you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable license to access and use the Site and Services as permitted by the features of the Site. This license does not include any resale use of any Services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by Onata or its licensors, suppliers, publishers, rights-holders, or other content providers. Neither the Site not the Services, nor any part of the Site or Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Onata. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Onata without the express written consent of Onata. You may not use any meta tags or any other “hidden text” utilizing Onata’s name or trademarks without the express written consent of Onata. You may use the Site and the Services only as permitted by law. Onata may terminate your license to access and use the Site and Services at any time for any reason or no reason.
5.2 Usage Restrictions
The rights granted to you in these Terms are subject to the restrictions in this Section. You hereby warrant, represent and agree that you will not use the Site or Services or contribute any Onata Content (as defined below) in the following manner: (a) rent, lease, sublicense, sell, transfer, assign, redistribute, host, or otherwise commercially exploit the Site or Services or any part thereof; (b) modify, make derivative works of, disassemble, reverse compile, attempt to find the source code of, or reverse engineer any part of the Site; (c) access the Site in order to build a similar or competitive service; (d) except as expressly stated herein, copy, reproduce, distribute, republish, download, post, display or transmit any part of the Site; (e) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter, interfere with or disrupt a computer or communication network, handheld device, mobile device, data, the Site, or any other system, device or property; (f) access (or attempt to access) any part of the Site by means other than through the interface that is provided by Onata; (g) access or use the Site or Services in a way intended to avoid incurring fees; (h) remove, obscure, or alter any proprietary rights notices (including copyrights and trademark notices); (i) circumvent, disable, or otherwise interfere with the security or functionality of the Site or Services or of features that prevent or restrict use or copying of any content or that enforce limitations on use of the Site or its content; (j) attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Site, the server(s) on which the Site is stored, or any server, computer, or database connected to the Site; (k) infringe or violate the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (l) violate any law, statute, ordinance, or regulation; (m) impersonate any person or entity, including without limitation any employee or representative of Onata; (n) jeopardize the security of a user’s account or anyone else’s account; (o) attempt, in any manner, to obtain the password, account, or other security information from any other User; or (p) run Maillist, Listserv, or any form of auto-responder or “spam” on the Site or any processes that otherwise interfere with the proper workings of the Site or Services (including by placing an unreasonable load on the Site’s infrastructure).
5.3 Changes to and Termination of the Services
5.4 Technical Requirements
You are responsible for making all arrangements necessary to have access to the Site and Services, including, as applicable, your use of a computer with adequate software or a supported mobile device with internet connectivity, and ensuring that all persons who access the Site through your computer or mobile device are aware of these Terms and comply with them. We shall not have any responsibility or liability for any telephone, mobile data or other costs you may incur.
5.5 Services Availability
You acknowledge that the Site is not intended to be 100% reliable and 100% available. We cannot and do not guarantee that you will receive access to the Site and/or the Services in any given time or at all. The Site is subject to interruptions from time to time and failures for a variety of reasons beyond Onata’s control.
5.6 Account Security
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your User Account is private and agree to only provide access to the User Account to those persons in your organization who need to access the User Account in order to perform functions on your behalf (the “Authorized Users”). You are at all times wholly responsible and liable for the acts and omissions of your Authorized Users. You agree to notify us immediately of any unauthorized access to or use of your User Account, your user name or password or any other breach of security. You also agree to ensure that you exit from your User Account at the end of each session. You should use particular caution when accessing your User Account from a public or shared computer so that others are not able to view or record your password or other personal information. You are responsible for all activity that occurs in association with your User Account and for the confidentiality and security of any personal information and Onata Content sent from or stored on your computer by the Site. Onata is not liable for any losses or damages caused by your failure to maintain the confidentiality or security of your account credentials or such personal information or Onata Content.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
6. USER CONTENT
6.1 User Content License
By using the Site and the Services, you may have the opportunity to provide Onata with information through interactive features Onata may provide on or through the Site, including, but not limited to, message boards, messaging/chat features, information sharing features (including the ability to e-mail information directly to other Users), content sharing features, profiles, forums, and bulletin boards that allow users to post, submit, publish, display, transmit or otherwise make available to other Users, Onata, or other persons, information, data, content or materials, including, without limitation, any and all image(s), text, photograph(s), video(s), and sound recordings (collectively, “User Content”).
WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT CREATED BY YOU. THE USER CONTENT YOU CREATE REMAINS YOURS. However, you understand that certain portions of the Services may allow other Users to view, edit, share, and/or otherwise interact with your User Content. By providing or sharing User Content through the Site, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and these Terms. Onata has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Site.
By posting, submitting, publishing, displaying, transmitting or otherwise making available any User Content on or through the Site, you expressly grant and you represent and warrant that you have all rights necessary to grant, to Onata a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site and/or the Services and Onata’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site or Services (and derivative works thereof) in any media formats and through any media channels. You grant Onata the right to use the name that you submit in connection with such User Content, at Onata’s option. Onata has the right but not the obligation to monitor and edit or remove any activity or content, including, but not limited to, User Content for any reason, including, but not limited to, the User Content violating these Terms, Onata finding the User Content objectionable for any reason, or if the User Content otherwise violates or is harmful to the Site.
You also hereby grant each User of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and under these Terms.
For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
- Your User Content will not be fraudulent or involve the sale of counterfeit or stolen items.
- You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Site and these Terms, and each such person has released you from any liability that may arise in relation to such use.
- Your User Content will not be defamatory, libelous, unlawfully threatening, unlawfully harassing, obscene or contain child pornography or be harmful to minors.
- You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.
- Your User Content and Onata’s use thereof as contemplated by these Terms and the Site will not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising) or infringe any rights of any third party, including but not limited to any Intellectual Property Rights, publicity rights and privacy rights.
- Onata may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
- To the best of your knowledge, all of your User Content and other information that you provide to us is truthful and accurate.
- You will indemnify Onata for all claims resulting from your User Content.
Onata takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Site. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Site, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Onata shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
6.2 User Content Restrictions
You agree not to post User Content that: (a) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (b) may create a risk of any other loss or damage to any person or property; (c) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (d) may constitute or contribute to a crime or tort; (e) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (f) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (g) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (h) contains any information or content that you know is not correct and current or (i) violates any school or other applicable policy, including those related to cheating or ethics. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Onata reserves the right, but is not obligated, to reject and/or remove any User Content that Onata believes, in its sole discretion, violates any of these provisions. You understand that publishing your User Content on the Site is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
8. OUR PROPRIETARY RIGHTS
Except for your User Content, the Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Onata Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Onata and its licensors (including other Users who post User Content to the Site). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Onata Content. Use of the Onata Content for any purpose not expressly permitted by these Terms is strictly prohibited. Onata is not responsible for any harm or damage that may occur if Onata Content is not accurate, reliable, effective, complete or current, and we make no endorsement, representation, warranty, or guarantee of any kind about any such content, information, services, communications, or recommendations. We do not represent, warrant, or guarantee that any User or other person or entity contributing to the Site or Services is presenting accurate or complete information through the Site or Services or otherwise. We do not independently verify or attempt to confirm any information they provide. You acknowledge that information provided through the Site may be unavailable, inaccurate, or incomplete, including any representations made to perform Services or Gigs, and any information about any specific Seeker or Provider.
The Site contain data, information, and other content not owned by you, such as reputational or status indicators (“Onata Property”). You understand and agree that regardless of terminology used, Onata Property represents a limited license right governed solely by the terms of this these Terms and available for distribution at Onata’s sole discretion. Onata Property is not redeemable for any sum of money or monetary value from Onata at any time. You acknowledge that you do not own the User Account you use to access the Site or Services, nor do you possess any rights of access or rights to data stored by or on behalf of Onata on Onata servers, including without limitation any data representing or embodying any or all of your Onata Property. You agree that Onata has the absolute right to manage, regulate, control, modify and/or eliminate Onata Property as it sees fit in its sole discretion, in any general or specific case, and that Onata will have no liability to you based on its exercise of such right. All data on Onata’s servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, USER ACCOUNT HISTORY AND USER ACCOUNT CONTENT RESIDING ON ONATA’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN ONATA’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. ONATA DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON ONATA’S SERVERS.
9. APPLICABLE LAWS
You acknowledge and agree that you will comply with all Applicable Laws when using the Site and the Services and when engaging in any activities with Providers or Seekers (including in the performance of your obligations pursuant to any agreement, including with respect to the Gigs) which may include, among other Applicable Laws: Fair Credit Reporting Act (FCRA) (15 U.S.C. § 1681), Equal Credit Opportunity Act (ECOA) (15 U.S.C. § 1691), Gramm-Leach-Bliley Act (GLBA) (15 U.S.C. § 6801), the Federal Trade Commission Act (15 U.S.C. § 45), and the Office of the Comptroller of the Currency Regulation (12 C.F.R. Part 40). You may only access or use the Site and Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You may not in your access or use of the Site or Services to cause nuisance, annoyance, inconvenience, or property damage, whether to Seeker, Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Site or Services, and you agree that you may be denied access to or use of the Site or Services if you refuse to provide proof of identity
For the purpose of these Terms, “Applicable Laws” means any (a) law, statute, regulation, ordinance, or subordinate legislation in force from time to time; (b) common law; (c) order, writ, judgment, injunction, decree, stipulation, award or determination entered by or with any Governmental Authority (defined in next paragraph below); (d) directive, policy, guideline, rule, or order made or given by a Governmental Authority, of, in the case of items (a) through (d) above, any country, or other national, federal, commonwealth, state, provincial, or local jurisdiction.
For the purposes of these Terms, “Governmental Authority” means any federal, state, local, or foreign government or political subdivision thereof, or any agency or instrumentality of such government or political subdivision, or any self-regulated organization or other non-governmental regulatory authority or quasi-governmental authority (to the extent that the rules, regulations, or orders of such organization or authority have the force of law), or any arbitrator, court, or tribunal of competent jurisdiction.
10. BILLING AND PAYMENT TERMS
10.1 Payment Service Provider
The Site’s payment processing services are provided by Stripe, and, where applicable, may include money transmission services pursuant to licenses held by Stripe. Payment processing services provided by Stripe are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement. By agreeing to these terms or operating as a Provider through our Site, you agree to be bound by the Stripe Connected Account Agreement and Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Onata enabling payment processing services through Stripe, you agree to provide Onata accurate and complete information about you and your business, and you authorize Onata to share with Stripe this information and transaction information related to your use of the payment processing services by Stripe.
Our PSP accepts the following payment methods: American Express, Discover, MasterCard, and Visa
10.2 Fees and Subscriptions
“Fees” consist of various fees that you may be charged through the Site in connection with your use of the Site, including tips, Platform Fees, Subscription Fees, Lead Fees, Cancellation Fees and additional charges, gig fees (each, as described below).
At present Service seekers can use for free for seeking any service, there is no subscription fees or membership fees.
Service providers for providing the services on demand or on schedule need not pay any subscription or lead fees. However, the providers who want to provide the services by negotiating with the seekers by providing the estimates, and for bigger projects which need lot of back and forth such as bathroom remodeling etc, need pay “subscription fee” for listing with onata, and a “a lead fee” for each lead being sent to them by onata. Schedule A describes the fees and structures
For all the Providers who are registering during the Onata insider Program OIP, www.onata.com/legal/OIP/ the subscription and lead fees are waived depending on the no of referrals that the providers get.
For any Gig or Service booked through the Site Onata charges 20% of the fee charged to Seeker (the “Platform Fee”). This Platform Fee is deducted from Seeker’s payment and the remaining 80% is transferred to the Provider through our PSP.
In order for Provider to be listed on the Site as a “for providing the services against the RFP”, Provider will be required to sign up for Onata’s subscription plan. If a Provider chooses to subscribe to Onata’s subscription plan, its chosen payment method will be charged as in the Schedule A, on the each month on the day you signed up recurring basis until the subscription is cancelled (the “Subscription Fee”). A subscriber can choose pay annual subscription at a discounted price (See Schedule A) we will not refund any Subscription Fees already paid to us. Onata may change the Subscription Fees (for periods not yet paid for) from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Changes in Subscription Fees will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Services after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Services prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully. You can cancel your subscription plan by emailing us at email@example.com. Cancellation will be effective at the start of the next subscription period. The Subscription fee for listing
Provider may also choose to purchase leads through the Site at a fee Specified in Schedule A (the “Lead Fees”).
10.3 Cancellation Fees
When a confirmed Service or Gig is cancelled, certain cancellation fees may apply (the “Cancellation Fees”). Please review our Cancellation Policy link to understand how you may cancel certain Gigs and Services and the current Cancellation Fees that may apply. We may change our Cancellation Fees from time to time, so please make sure to check our Cancellation Policy regularly.
10.4 Payments; Wallet System and Credits
Users of the Site contract for Services and/or Gigs with other Users directly. Onata is not a party to any contracts for Services or Gigs. The Site facilitates these contracts by supplying a medium through which Seekers can connect with Providers, schedule Gigs and/or Services, and make payments through the Site.
Users may make payments through the Site in one of two ways: (1) through Onata’s wallet system, or (2) directly by inputting its selected payment method. Onata uses a wallet system that encourages Users to purchase credits in order to pay for all transactions through the Site (the “Credits”), including, but not limited to, payments for Gigs or Services or payments for Fees. Certain payments through the Site may only be made by using Credits, for example, payments for Services to be provided in advance or for Lead Fees. Any unused Credits that you have purchased will remain in your User Account for your future use. If you wish to purchase Credits, you may do so in the app->sidepannelmenu->Wallet, or in the webapp-> Sidepannelmenu->wallet. The wallet system assumes $1 = 1 Credit.
PLEASE NOTE THAT CREDITS PURCHASED THROUGH THE SERVICES ARE NON-REFUNDABLE AND ALL SALES ARE FINAL. CREDITS ARE PERSONAL TO THE USER AND MAY NOT BE TRANSFERRED OR EXCHANGED FOR ANY GOODS OR SERVICES, EXCEPT FOR THOSE PROVIDED THROUGH THE SITE OR IN CONNECTION WITH THE PAYMENT OF ANY OTHER FEES THROUGH THE SITE.
Onata reserves the right to increase or decrease the price of Credits at any time in its sole discretion without notice to you; provided that any previously purchased Credits will not be subject to any increase in price. Onata reserves the right to modify the scope of what Credits can be exchanged for, at any time in Onata’s sole discretion and without notice to you. Onata reserves the right to limit the amount of Credits you can purchase at any one time or hold in your User Account at any one time, in its sole discretion.
By submitting an order to purchase Credits, pay for Gigs and/or Services or pay any Fees, you authorize the PSP to charge the payment method you specify for the payment amount.
11. SPECIAL PROMOTIONS, REWARDS, GIFT CARDS AND COUPONS
11.1 Changes to Promotions
We may from time to time provide certain promotional opportunities to Seekers. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.
11.2 Reward Points
Reward points may be earned by Seekers based on the frequency of use of our Site and Services and on the amount of money spent on Services and Gigs. Reward points are earned at a percentage of 0.25% of each dollar spent on Services and/or Gigs. Every 1 reward point = $1.00. You can use your reward points directly on the Site as soon as they are earned, including to pay for Gigs or to purchase Gift Cards (as defined below). Reward points are only eligible for the specific Services and/or Gigs, as designated by Onata. There are no reward point maximums or earning limits. Reward points do not expire as long as you have an open User Account (i.e., your User Account has not been terminated). If your User Account is terminated for any reason you forfeit all rewards points remaining in your User Account at the time of such termination. We may temporarily prohibit you from earning reward points or using points you’ve already earned in our sole discretion, including if we suspect that you’ve engaged in fraudulent activity related to your User Account or misused the Site or Services in any way.
Onata reward points have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Site and Services. Reward points may not be purchased for cash and Onata does not sell reward points. Reward points are nonrefundable.
Reward points will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible Services or Gigs.
Your User Account will be billed for all fees and charges for use of any ineligible Services and Gigs. Each reward point can only be used once and your User Account will be billed for all fees and charges for use of any eligible Service and Gigs in excess of the amount of available reward credits.
Reward points you receive are personal to you. You may not sell, license, rent, or otherwise transfer reward points. Reward points may be applied only to your User Account, and may not be applied to any other account.
Onata coupons or promotional codes for special offers or discounts (collectively, “Coupons”) may be available and can be used to pay in part or in full for Services and/or Gigs. For example, we may offer discount Coupons to be used to lower the cost of certain Gigs, free service Coupons that let you avail free Gigs from a specified selection of Gigs, or add-on Coupons that you can use to book additional tasks within a Gig. Coupons are only eligible for the specific Services and/or Gigs, as designated by Onata. You agree that you will only use one Coupon per person and will use Coupons in accordance with the Coupon terms and conditions. You agree that you will comply with all Coupon terms and conditions. Use of Coupons is further subject to the below terms and conditions regarding Gift Cards
11.4 Gift Cards
Onata gift cards (“Gift Cards”) are redeemable only for Gigs and/or Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law. Gift Cards must be presented at the time of purchase and any available balance will be applied to your purchase. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards. You agree that you will comply with all Gift Card terms and conditions. Gift Cards are not replaceable if lost or stolen, and cannot be combined with any other Gift Cards, Coupons, gift certificates, or other coupons or promotional offers. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items or the balance on a credit card.
We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. Specifically, you may not purchase or obtain more than $1000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $1,000 in any one day.
No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift.
In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state’s unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state’s unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state’s unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.
12. THE BETTER SERVICE PROMISE
Onata offers its Users a Better Service Promise as part of its commitment to providing superior services to its Users. Providers determine what categories of Gigs they are qualified to provide and set the terms of the Gig directly with the Seeker through the Gig Terms. Onata does not oversee, monitor or direct how a Provider performs a Gig and does not monitor Gigs or chat threads between Users. Seekers are advised to confirm with their Providers that their Providers are qualified to perform the Gigs prior to the Gig taking place. Accordingly, Onata is not liable for the acts or omissions of Users and the Better Service Promise in no way contradicts that premise. That said, Onata wants Users to be happy about their experience using the Services and the Better Service Promise is in place to encourage continued use of the Services.
The “Better Service Promise” is a goodwill payment of up to $5,000.00 that Onata may, in its sole discretion, provide to Users suffering property or bodily injury damages arising out of a Gig. These payments are subject to certain conditions, limitations and exclusions described below. Prior to seeking a benefit under the Better Service Promise, any claims for damages arising out of a Gig must first be pursued through any applicable insurance policies you have in place, as well as those maintained by any Provider that is performing a Gig for you, if applicable. Onata will provide contact information for the applicable Professional Provider and/or re-open any closed chat threads upon a User’s request. Please contact HelpDesk@Onata.com if you have questions.
[TO INCLUDE DESCRIPTION OF CONDITIONS, LIMITATIONS AND EXCLUSIONS FOR BETTER SERVICE PROMISE]
To file a complaint and take advantage of the Better Service Promise, please contact our support team at HelpDesk@Onata.com. If you have any relevant documentation, such as pictures or receipts, we ask that you please submit them as they will be required to complete your claim. Note that the Onata support team strives to resolve all issues within two (2) weeks of its receipt of a complaint, but if more time is needed we will let you know.
13. E-MAIL, TEXT MESSAGING AND PHONE CALLS
13.1 Email Messages
By providing Onata your email address you consent to our using the email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your app by going to side panel menu [Symbol] Setting and in the web app go to side panel [Symbol] User, once you’re logged in. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
13.2 Text (SMS) Messages and Phone Calls
By providing Onata your phone number you agree that we may, to the extent permitted by applicable law, use of your phone number for use your mobile phone number for calls and, if such phone number is a mobile number, for text (SMS) messages, in order to assist with facilitating the requested Services and/or Gigs. These calls and/or text (SMS) messages may include, among other things, reminders about uncompleted or upcoming Gigs and/or follow ups to any push notifications delivered through our Site. Standard call or message charges or other charges from your phone carrier may apply to calls or text (SMS) messages we send you. You agree that you are solely responsible for any such charges. If you do not want to receive text (SMS) messages from us, you may opt out or change your preferences in your app by going to side panel menu [Symbol] Setting and in the web app go to side panel [Symbol] User, once you’re logged in and text “STOP” in response to any texts, or email us at HelpDesk@Onata.com and specify that you want to opt out of texts (SMS) messages. You acknowledge that opting out of text (SMS) messages may impact your ability to use the Site and Services. If you do not want to receive calls from us, you may opt out or change your preferences in your preferences in your app by going to side panel menu [Symbol] Setting and in the web app go to side panel [Symbol] User, once you’re logged in and state that you no longer wish to receive calls during any call with us, or email us at HelpDesk@Onata.com and specify that you want to opt out of calls. You understand that we may send you a text (SMS) message confirming any opt out by you.
You agree to Onata’s use of in-application calling using a Wi-Fi or 3G / 4G internet connection for any voice calls or text (SMS) messages between Seekers or Providers. You are solely responsible for any overages with your cellular provider.
14. DMCA NOTICE
Since we respect artist and content owner rights, it is Onata’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Site, please notify Onata’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Site;
- Information reasonably sufficient to permit Onata to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Address: 2025 Lincoln Highway, #120
Edison, NJ 08817
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Onata and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Onata’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Onata has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Onata may also at its sole discretion limit access to the Site and/or the Services and/or terminate the User Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
15. THIRD-PARTY LINKS AND INFORMATION
16. USE OF SERVICE PROVIDERS
We may use third parties to provide access to or use of the Site and/or any of the Services, in whole or in part (the “Service Providers”). Our Service Providers are independent contractors. You understand that each such service is not controlled by Onata but rather by the Service Provider over which Onata has no control or power. Onata shall not be liable for the acts or omissions of such Service Providers and does not provide any representation, warranty or guarantee as to their services.
You agree to indemnify, defend and hold harmless Onata, and its affiliates, subsidiaries, officers, directors, employees, agents, founders, investors, parents, service providers (and their affiliates) and consultants (collectively, the “Onata Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of the Agreement (as defined below); (b) your use of the Site and Services, including, but not limited to any use of Onata’s or its Service Providers’ content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Site; (c) any inquiry or allegation by or on behalf of a User regarding harm to the User by you or by a third party on your behalf; (d) User Content or any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (e) a User, consumer or Government Authority inquiry, complaint or allegation in regards to harm to a User, including by way of misuse of personally identifiable information; (f) Onata Content or Ideas you provide to Onata or another User; (g) your violation of any Applicable Laws or the rights of any third party, including any harassment or abuse, false or misleading representations, unfair, deceptive or abusive practices, misuse of consumer reports, failure to ensure the accuracy or integrity of consumer information, or any handling of consumer disputes; (h) infringement of any third party rights, including the right to privacy, publicity or any intellectual property rights; (i) your willful misconduct or gross negligence; or (j) any product or service offered or provided by you or on your behalf or the manner in which you conduct the services rendered to Seekers or any third parties. Onata reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Onata and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Onata’s prior written consent. Onata will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
18. NO WARRANTY
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, SERVICES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE AND/OR SERVICES IS PROVIDED BY DEBTSY ON AN “AS IS,” “WHERE IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ONATA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SITES OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE OF THE CONTENT, SERVICES OR SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, ONATA DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, SATISFACTORY QUALITY, AND QUIET ENJOYMENT. ONATA DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. ONATA DOES NOT WARRANT THAT THE SITE, OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SITES OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE AND/OR SERVICES, OR ONATA OR ITS HOSTING PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NONE OF THE ONATA PARTIES WILL BE LIABLE FOR ANY LOSSES CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, EAVESDROPPERS, HACKERS, INTERCEPTORS, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT OR OTHERWISE DAMAGE YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICE, OR ANY OTHER MATERIALS DUE TO YOUR USE OF THE SITE OR SERVICES OR YOUR ACCESSING OR DOWNLOADING OF ANY MATERIAL AVAILABLE THROUGH THE SITE AND/OR SERVICES. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART OF THE FOREGOING), OR ANY INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES OR SITES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE AND/OR SERVICES OR ANY PART THEREOF (A) WILL WORK WITH ANY ASSOCIATED EQUIPMENT, DEVICES, SOFTWARE, APPLICATIONS, SYSTEMS, SITES OR SERVICES; (B) WILL DELIVER RESULTS THAT ARE INTENDED, ACCURATE OR RELIABLE; (C) WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE; OR (D) WILL MEET YOUR EXPECTATIONS. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE AND/OR SERVICES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE OF THE SITE OR ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE AND/OR SITE OR SERVICES, IS AT YOUR SOLE RISK, AND ONATA HEREBY DISCLAIMS ANY AND ALL LOSSES, LIABILITIES, OR DAMAGES RESULTING FROM SUCH USE.
19. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY OF THE ONATA PARTIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SITE AND/OR SERVICES AND/OR THESE TERMS, INCLUDING, BUT NOT LIMITED TO, THOSE DAMAGES RESULTING FROM ANY (A) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT; (B) LOST CONTENT OR USER DATA (INCLUDING DUE TO UNAUTHORIZED DISCLOSURE, ACCESS TO, OR PROCESSING OF, PERSONAL DATA OR CONTENT); (C) PERSONAL OR BODILY INJURY, DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (D) UNAUTHORIZED ACCESS TO OR USE OF OUR HOSTING PROVIDER’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (E) LACK OF SECURITY, INVASION OR LACK OF PRIVACY, VIOLATION OF THE RIGHT OF PUBLICITY, OR DEFAMATION; (F) FAILURE, DISRUPTION, DELAY, DOWNTIME, UNAVAILABILITY, UNRELIABILITY, NON-PERFORMANCE, INTERRUPTION, OR CESSATION OF TRANSMISSION OF, TO, OR FROM THE SITE OR SERVICES; (G) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR SERVICES; (H) INVESTMENTS, EXPENDITURES OR COMMITMENTS RELATED TO USE OF OR ACCESS TO THE SITE OR SERVICES; COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; COST OF REPLACEMENT OR RESTORATION OF ANY COMPROMISED CONTENT; (I) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICES OR OTHERWISE PROVIDED IN CONNECTION WITH THE SITE OR SERVICES; OR (J) ACT OR OMISSION OF A THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, INTENTIONAL OR NEGLIGENT ACTS OF THIRD PARTIES THAT DISRUPT SERVICE; IN EACH CASE, WHETHER CHOATE OR INCHOATE, WHETHER BASED ON STATUTE, WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DEBTSY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITH REGARD TO ALL OTHER CLAIMS, IN NO EVENT SHALL THE LIABILITY OF THE ONATA PARTIES EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, THE LESSER OF (I) YOUR ACTUAL DIRECT AND DOCUMENTED DAMAGES OR (II) US $100.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
20. ADDITIONAL TERMS FOR MOBILE APPLICATIONS
20.1 Mobile Applications
We may make available software to access the Site via a mobile device (the “Mobile Applications”). To use any Mobile Applications you must have a mobile device that is compatible with the Mobile Applications. Onata does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Onata hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one Onata User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that Onata may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and Onata or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. Onata reserves all rights not expressly granted under these Terms. If the Mobile Applications is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Applications will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Site and any accompanying documentation by the U.S. Government will be governed solely by these Terms and is prohibited except to the extent expressly permitted by these Terms. The Mobile Applications originates in the United States, and is subject to United States export laws and regulations. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Site.
20.2 Mobile Applications from Apple App Store
The following applies to any Mobile Applications you acquire from the Apple App Store (the “Apple-Sourced Software”): You acknowledge and agree that these Terms are solely between you and Onata, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Onata as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Onata as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Onata, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Onata acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
20. 3 Mobile Applications from Google Play Store
The following applies to any Mobile Applications you acquire from the Google Play Store (the “Google-Sourced Software”): (i) you acknowledge that these Terms are between you and Onata only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Services; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Onata, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to Onata’s Google-Sourced Software.
21. GOVERNING LAW AND ARBITRATION
21.1 Governing Law.
All matters arising out of or relating to the Agreement are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ONATA. For any dispute with Onata, you agree to first contact us at Legal@Onata.com and attempt to resolve the dispute with us informally. In the unlikely event that Onata has not been able to resolve a dispute it has with you after sixty (60) day, you and Onata agree that the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of the Agreement shall be final and binding arbitration. The Federal Arbitration Act and federal arbitration law apply to these Terms.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of the Agreement as a court would.
Any dispute between Onata and you about or involving your use of the Site and/or Service that is unable to be informally resolved must be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879, in New York, New York, USA , provided that the foregoing shall not prevent Onata from seeking injunctive relief in a court of competent jurisdiction. Judgment on the award may be entered in any court of competent jurisdiction.
WE EACH AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRAION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
22.1 Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached the Agreement, for any failure or delay in our performance under the Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers, manufacturers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Onata without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
22.3 Notification Procedures and Changes to the Terms
Onata may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Onata in our sole discretion. Onata reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms. Onata is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Onata may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to these Terms. If at any time you do not agree to these Terms, please do not access or use any of the Site or Services. Your continued use of the Site or Services after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
22.4 Entire Agreement/Severability
22.5 No Waiver
No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and Onata’s failure to assert any right or provision under the Agreement shall not constitute a waiver of such right or provision.
Please contact us at Legal@Onata.com with any questions regarding these Terms.
The fees payable to ONATA by the seeker or Provider
Any Seeking method ( On demand, Schedule, Requesting a Quote ( FFQ)
Availing the Services from the provider pay as specified for that service by that provider
Specific to the service
Providing the service on demand/Schedule
Listing under Request for Quote category
For receiving the leads from the customers ( if you just list , your information is just seen by the seeker, if you pay the lead fee, you will be invited by seeker to submit your proposal
$1 per lead and 30 leads need to be bought at a given time. Leads
When you are delivering the service on demand or schedule, the gigfee paid by the seeker is divided in the ratio of 80% to Provider and 20% to Onata
20% from the proceeds for the transaction of the service