These General Terms set forth the main terms and conditions applying to and governing the agreement between you (hereinafter referred to as “you” or “Driver”) and On-Assistant Knight Limousine LLC (hereinafter referred to as “Onak Limousine”) regarding usage of the Onak Driver’s App for the purpose of providing Transportation Services.
In order to provide Transportation Services via using the Onak Limousine App you must agree to the terms and conditions that are set forth below.
1.1. On Assistant Knight Limousine LLC (also referred to as “we”, “our”, “us”, “Onak”, or “Onak Limousine”) – a private limited liability company incorporated and registered under the laws of Abu Dhabi, United Arab Emirates with license number CN-2275862, registered office M-08 Awad Sultan Al Qubaisi Building, Sultan Bin Zayed St., Abu Dhabi, United Arab Emirates.
1.2. Affiliate – means an entity that is directly or indirectly under the control of Onak and who provides certain Onak Services in a local emirate or city.
1.3. Onak Services – services that Onak and/or its Affiliates provide you, including provision and maintenance of the Onak App and the Onak platform, client support, mediation of the payments and communication between you and the Customer or other similar support services as described in these General Terms or the Agreement.
1.4. Onak App –In the meaning of these General Terms, Onak App refers to the Onak Drivers App, which the Drivers use to receive and accept requests and manage Transportation Services.
1.5. Customer – a person requesting Transportation Services by using the Onak Limousine mobile application.
1.6. Driver or you – the person providing Transportation Services via the Onak App. Please note that you may register the account either as a legal or a natural person.
1.7. General Terms – the terms and conditions provided in this document.
1.9. License – your right to use the Onak App and the Website in accordance with the Agreement.
1.10. Website – Onak’s website located at www.onak.ae and any of its subpages, including the Onak Driver’s Portal.
1.11. Fare – the fee a Customer is obliged to pay you for provision of the Transportation Services.
1.12. Onak Fee – the fee you are obliged to pay to Onak for the right to use the Onak App. Onak Fee consists of a fee per each Customer order you have completed.
1.13. In-app Payment – a payment made by the Customer via the Onak App for the Transportation Services. The In-app Payment may be made by using bank/credit card, business, mobile carrier payment or any other electronic payment method enabled by Onak.
1.14. Onak Driver’s Portal – a portal containing relevant information and documents regarding your usage of the Onak App in course of provision of Transportation Services, including accounting documentation. You may access Onak Driver’s Portal at http://portal.onak.ae by entering your user name and password.
1.15. Transportation Services – the transportation service you are providing to the Customer whose request you have accepted via the Onak App.
2. ENTRY INTO THE AGREEMENT
2.1. Prior to using the Onak App you must sign up with Onak by providing the requested information in the signup application and uploading/attaching necessary documentation as required by Onak on the Website. Upon successful completion of the signup application Onak will provide you with a personal account accessible via the user name and password that you have chosen. By “Signing up”, you represent and warrant that:
2.1.1. according to law you are entitled to enter into an agreement with Onak to use the Onak App for providing Transportation Service;
2.1.2. you have carefully studied, fully understand and agree to be bound by these General Terms, including all your obligations that arise as provided herein;
2.1.3. all the information you have presented to Onak is accurate, correct and complete;
2.1.4. you will not authorize other persons to use your account nor transfer or assign it to any other person;
2.1.5. you will not use the Onak App for unauthorized or unlawful purposes and impair the proper operation of the Onak App;
2.1.6. you will not copy or distribute the Onak App or other Onak content without the prior written permission from Onak;
2.1.7. you will keep your Onak account accurate and profile information updated at all times;
2.1.8. at all times, you fully comply with all laws and regulations applicable in the emirate you are providing Transportation Services, including (but not limited to) laws regulating passenger transportation services;
2.2. You are obliged to provide your own bank requisites in course of filling the payment details upon registration. In case you are a legal person, you must insert the bank account of the company. Onak or its Affiliates are transferring In-app Payment fees to the bank account you have provided. Onak and/or its Affiliates are not liable for any incorrect money transactions in case you have provided wrong bank requisites.
2.3. After submitting the signup application, you will receive an e-mail with additional conditions that must be met in order to provide Transportation Services. These conditions may include providing criminal records, valid driving license, satisfying certain technical state of the vehicle, completion of a training course, owning a GPS-supporting mobile device and other conditions as described in the pertinent e-mail. The failure to comply with the provided requirements and conditions will result in termination of the Agreement and right to use the Onak App.
2.4. You agree that in specific cities or countries Onak may assign any of its obligations arising from the Agreement to its Affiliate or representative. This includes, among else, assigning the rights and obligations regarding reviewing documents related to signup applications, trainings, collection of Onak Fees, forwarding you the fees due, mediating In-app Payment, licensing the Onak App, etc.
2.5. Registering the account as a fleet company. A fleet company may itself register accounts to its employees and/or service providers. In such case the fleet company shall be required to ensure that its employees and/or service providers conform to the requirements of these General Terms and any other Agreement and agrees to act in accordance and be bound with its conditions and obligations. The fleet company and its employees and/or service providers shall remain jointly and severally liable for any infringement of the agreement conducted by such employee and/or service provider.
3. YOUR RIGHT TO USE THE ONAK APP AND THE WEBSITE
3.1. The Onak App. The Onak App allows you to receive requests from the Customers interested in using Transportation Services, which you can either accept or ignore at your own choosing. For additional information about the Onak App please refer to the Website.
3.2. License to use the Onak App and the Website. Onak hereby grants you, subject to the provisions of the Agreement, a non-exclusive, non-sublicensable, non-transferable License to use the Onak App and the Website according to the terms referred to herein. Regardless of the above and if so agreed separately, Limousine Fleet Companies may sub-license the Onak App to the members of its fleet.
3.3. In course of using the Onak App and/or the Website you may not:
3.3.1. decompile, reverse engineer, or otherwise attempt to obtain the source code of the Onak App and/or the Website;
3.3.2. modify the Onak App or Website in any manner or form or to use modified versions of the Onak App or Website;
3.3.3. transmit files that contain viruses, corrupted files, or any other similar Onak App or programs that may damage or adversely affect the operation of another person’s computer, Onak Services, Website, Onak App or hardware, or telecommunications equipment;
3.3.4. attempt to gain unauthorized access to the Onak App, Website or any other Onak Services.
3.4. In order to use the Onak App and Website you are obliged to pay Onak or its Affiliates the Onak Fee as described in section 5 of these General Terms.
3.5. The License granted herein revokes automatically and simultaneously with termination of the Agreement. After termination of the Agreement you must immediately stop using the Onak App and Onak is entitled to block and delete your account without a prior notice.
3.6. Using tags and labels of Onak. Additionally, Onak and/or its Affiliates may give you tags, labels, stickers or other signs that refer to Onak or otherwise indicate that you are using the Onak App. Onak grants you a non-exclusive, non-sublicensable, non-transferable license to use such signs and only for the purpose of indicating that you are providing Transportation Services via using the Onak App. After termination of the Agreement you must immediately remove and discard any signs that refer to Onak or its brand.
3.7. All copyrights and trademarks related to Onak, including source code, databases, logos and visual designs are owned by Onak and protected by copyright, trademark and/or trade secret laws and international treaty provisions. By using the Onak App, Website or any other Onak Services you do not acquire any rights of ownership to any intellectual property of Onak.
4. PROVIDING THE TRANSPORTATION SERVICES
4.1. Your Obligations. You hereby guarantee to provide Transportation Services in accordance with the Agreement as well as laws and regulations applicable in the emirate where you are providing Transportation Services. Please note that you are fully liable for any violation of any local or international laws and regulations as may arise from providing Transportation Services.
4.2. You must, among else, have all licenses (including a valid driver’s license), permits, car insurance, liability insurance (if applicable), registrations, certifications and other documentation that are required in the applicable jurisdiction for providing the Transportation Services. It is your obligation to maintain the validity of all aforementioned documentation. Onak reserves the right to require you to present evidence and submit for review all the necessary licenses, permits, approvals, authority, registrations and certifications as well as their renewals.
4.3. You must abide by the traffic regulations at all times. This means, among else, that you may not operate the Onak App while driving and your car must be fully parked while interacting with the Onak App.
4.4. You must provide the Transportation Services in a professional manner in accordance with the business ethics applicable to providing such services and endeavor to perform the Customer’s request in the best interest of the Customer. Among else, you (i) must take the route least costly for the Customer, unless the Customer explicitly requests otherwise; (ii) may not make any unauthorized stops; and (iii) may not have any other passengers in the vehicle other than the Customer and the people accompanying the Customer.
4.5. You retain the sole right to determine when and for how long you are providing the Transportation Services. You shall accept, decline or ignore Customer’s Transportation Services requests at your own choosing.
4.6. Costs you incur while providing the Transportation Services. You are obliged to provide and maintain all equipment and means that are necessary to perform the Transportation Services at your own expense, including a car, smart device, mobile data plan, etc. You are also responsible for paying all costs you incur in the course of performing the Transportation Services including, but not limited to, fuel, mobile data plan costs, toll charges, amortization of the vehicle, insurance, relevant corporate or payroll taxes etc.
4.7. Fares. You are entitled to charge a fare for each instance you have accepted a Customer via the Onak App and completed the Transportation Service as requested (i.e. Fare). The Fare is calculated based on a default base fare, the distance of the specific travel as determined by the GPS-based device and the duration of the specific travel. Please bear in mind that the default base fare is the recommended fare as presented in the Onak App. The default base fare may fluctuate based on the local market situation, or regulator’s changes. You may negotiate a Fare that is lower than the default base fare by sending Onak a pertinent request. All such requests shall be considered in good faith. Additionally, you shall always have the right to charge the Customer less than the Fare indicated by the Onak App or the taximeter (however, please note that charging the Customer less than the Onak App indicates does not decrease the Onak Fee).
4.8. Onak may adjust your fare for a particular order completed, if we detect a violation (such as taking a longer route or not stopping the fare meter of the Onak App after the Transportation Service has been completed) or in case a technical error affecting the final fare is identified. Onak may also reduce or cancel the fare in case we have reasonable cause to suggest a fraud or a complaint by the Customer indicates a violation by you. Onak will only exercise its right to reduce or cancel the fare in a reasonable and justified manner.
4.9. Customer may pay the fare for the Transportation Service either directly to you or via the In-app Payment as described in section 6 of these General Terms. In case the Customer pays the Fare directly, it is your obligation to collect the Fare. In case the Customer fails or refuses to pay, Onak will help you with collecting the Fare due, however Onak has no obligation to compensate the Fare.
4.10. Receipts. After each successful provision of Transportation Services, Onak shall create a receipt consisting of the route, fare, time and other relevant information of a particular ride. Any corrections that you wish to make to fare calculation must be submitted via Fare Review application accessible on the Onak Website. In case Fare Review has not been submitted, Onak and its Affiliates shall have no obligation to recalculate the fare and reimburse you any error in fare.
4.11. Penalties. In case the Customer cancels the request for Transportation Services after 3 minutes or does not show up, Onak shall have the right to request a penalty up to AED40 from such Customer. Onak shall request such penalty only in case of negligent behavior from the Customer and shall have the full discretion in deciding whether to collect the penalty or not. In case Onak collects the penalty, it will keep Onak Fare and the rest of the penalty collected shall be forwarded to you within 30 (thirty) days as of its collection.
4.12. If, in the course of receiving Transportation Service, a Customer or its co-passengers negligently damage your vehicle or its furnishing (among else, by blemishing or staining the vehicle or causing the vehicle to stink), you have the right to request the Customer to pay a penalty of AED 150 and request compensation for any damages exceeding the penalty. If the Customer does not consent to paying the penalty and/or compensating the damage, you must notify Onak or the Affiliate (depending on who provides the Onak Services in the local region) of the matter at hand. Any such notification must be presented to Onak or Affiliate within 24 hours and be accompanied with pictures or other sufficient proof of damages. Onak will then try to collect penalty and/or relevant costs on your behalf from the Customer. However, please bear in mind that Onak is not taking any liability for direct or indirect damages caused by Customers.
4.13. Your tax obligations. You hereby acknowledge that you are obliged to fully comply with all tax obligations that arise to you from the applicable laws in relation to providing the Transportation Services, including (if applicable) (i) acquiring a valid VAT number; (ii) paying income tax, social security tax or any other tax applicable; and (iii) fulfilling all tax registration obligations and calculating and remitting all tax liabilities related to your provision of Transportation Services as required by the applicable law. Additionally, it is your obligation to provide Onak with all relevant tax information, including (among else) your VAT number. Please note that Onak may in its reasonable discretion and based on applicable tax law, collect and remit taxes resulting from your provision of Transportation Services and/or provide any of the relevant tax information directly to the applicable governmental tax authorities on your behalf.
4.14. Your authorization to issue invoices. If you are using the Onak account as a business entity, you hereby authorize Onak to issue itself an invoice on your behalf in order to compensate you any expenses, referral fees, contractual penalties or other fees that you are due from Onak.
5. ONAK FEES
5.1. In order to use the Onak App, you are obliged to pay to Onak a fee (i.e. the Onak Fee). The Onak Fee is paid based on the Fare of each Transportation Service order you have completed. The amount of the Onak Fee is made available to you via this agreement, e-mail, Onak App, Driver’s Portal or other pertinent means. Please acknowledge that the Onak Fee may change from time to time. Onak shall send you a prior notification of each such change.
5.2. You must pay the Onak Fee and any other fees due to Onak for the previous month at latest by the 15th date of the following month. Upon delay with payment of the Onak Fee, you are obliged to pay a penalty of late payment in the amount of AED 100 per week. You are obliged to cover all costs incurred by Onak, which are related to debt collection activities.
5.3. Onak Fees for this agreement is 15% from the Fare of each Transportation Service order you have received via Onak App. Minimum monthly amount is AED 600.
6. IN-APP PAYMENTS
6.1. Onak may enable its Customers a possibility to pay for the Transportation Service via bank card, Business or mobile carrier payment directly in the app (i.e. In-app Payment). You hereby authorize Onak to act as your limited commercial agent solely for the purpose of collecting, on your behalf, the Fares, applicable taxes or other fees paid by the Customer via In-app Payment. You additionally agree that any payments made by the Customers via the In-app Payment shall be considered the same as payments made directly to you.
6.2. You may not refuse payment by the Customer via the In-app Payment, or influence the Customer against the use of the In-app Payment. In case you refuse to accept an In-app Payment without justified cause, Onak shall be entitled to charge you a contractual penalty in the amount of AED 500 for every refusal and/or block your right to use the Onak App in case of repetitive behavior.
6.3. Onak will regularly transfer the amounts collected as In-app Payments, which have been credited to the Onak’s bank account in monthly basis, to your bank account by the 7th of every month. The Onak Fee shall be deducted from your Fare. If you request a review of the In-app Payment, then Onak may transfer the amounts collected after it has concluded the review.
6.4. You are entitled to review In-app Payment reports in the Onak Driver’s Portal. Onak will send monthly In-app Payment & Driver’s account balance to your e-mail. The reports will show the amounts of the In-app Payments brokered in the previous month as well as the withheld amounts of the Onak Fee. The reports will be sent monthly.
6.5. Please note that Onak is not obliged to pay you the Fare due from the Customer if the In-app Payment failed because Customer’s credit card or mobile payment is cancelled or is unsuccessful for reasons not attributable to Onak. In such case, we will help you in requesting the Fare due from the Customer, and shall transmit it to you once the Customer has made the requested payment.
6.6. Before rendering Transportation Services, you must verify that the service is being actually provided to the Customer or that the Customer has expressly confirmed that it allows the passenger to ride under its account. If you make a mistake in identifying the Customer, and the In-app Payment is charged to a person, who has not been provided or has not approved the Transportation Services, Onak shall reimburse the Customer for the Fare. In such case, you are not entitled to receive the Fare from Onak. Additionally, for every wrongfully applied In-app Payment Onak shall be entitled to charge you a contractual penalty up to AED 50.
6.7. You hereby warrant that you understand that In-app Payment does not supersede the requirements established by the laws and regulations, e.g. your obligation to provide the Customer with a receipt printed out on the printer.
6.8. You must notify Onak of any important circumstances which may affect Onak’s obligations to collect and distribute the Fares paid via In-app Payment.
6.9. Please note that Onak may set off any Fares paid via In-app Payment against the Onak Fees that you are obliged to pay to Onak.
7. CUSTOMER SUPPORT
7.1. As one of our services, we may provide you customer support regarding using the Onak App. The customer support may be provided either by Onak or its Affiliates as listed on the Website. Please note that Onak has the right to stop providing the customer support services in case you are in delay with any of your payments to Onak and/or its Affiliates for more than 7 (seven) calendar days.
8. RATINGS AND ACTIVITY
8.1. In order to guarantee high-quality service via the application provided by Onak and provide additional reassurance to our Customers, you hereby acknowledge that the Customers may provide you a rating and leave feedback regarding the quality of the Transportation Services that you have provided. Your average rating will be linked to your Onak account and available to Customers when requesting Transportation Services. The Customer is obliged to provide the ratings and comments in good faith, and if we, in our discretion, find a particular rating or comment to not be in good faith, we may remove it.
8.2. In addition to the rating, Onak measures your level of activity and provides you with an activity score, which is based on your activity regarding accepting, declining, not responding and completing Transportation Service orders, or by Onak or its Affiliates inspectors’ visits.
8.3. You hereby acknowledge that in order to provide reliable services to Customers Onak may determine a minimum average rating and a minimum activity score that all Drivers must establish and maintain. If, after a pertinent notification from Onak, you do not increase your average rating or activity score above the minimum within the prescribed time period, your Onak account will be automatically suspended either for temporarily or permanently. Onak may reverse the suspension of your account if it is merited by any external circumstances or it is detected that the suspension was caused by a system error or false ratings.
8.4. You hereby authorize Onak or Affiliates to perform any type of tests for the drivers including, but not limited to, alcohol test, blood test, and/or urine test, randomly or upon a Customer complain.
9. MARKET OVERVIEWS AND CAMPAIGNS
9.1. Market overviews. Onak may send you, via the Onak App, SMS, e-mail or other means, market overviews, in order to increase your awareness regarding when the demand by the Customer is highest. Please note that such market overviews are merely recommendatory and do not constitute any obligations for you. As the market overview estimations are based on previous statistics, Onak cannot give any guarantees that the actual market situation will correspond to the estimations provided in the market overview.
9.2. Campaigns for Customers. Onak may also occasionally arrange various campaigns to Customers in order to market the Onak applications, whereby the Fare paid by the Customer is reduced. In such case Onak will notify you about specific campaign terms and in most cases, shall pay you compensation, amounting to the monetary value of the benefit offered to the Customer (i.e. difference between the amount that the you should have received and actually receive due to the marketing campaign). Such compensation shall be paid you concurrently with payment of the Fares. Onak may set off the marketing compensation against the Onak Fee.
9.3. Onak may also carry out other campaigns for Drivers and/or the Customers under the terms accompanying the specific campaign.
9.4. Onak is allowed to post, publish, or place, marketing materials on Driver’s car related to Onak or its affiliates, including, but not limited to: On-Assistance Knight Delivery & Services LLC.
10. RELATIONSHIP BETWEEN YOU, ONAK AND THE CUSTOMERS
10.1. You hereby acknowledge that by providing Transportation Services to the Customers, you and the Customer are bound by a service contract, to which Onak nor its Affiliates are not a party.
10.2. Onak and its Affiliates do not control or direct your provision of Transportation Services. You have the sole right to decide when and for how long to utilize the Onak App and whether to accept the Customer’s request received via the Onak App. You acknowledge and agree that you have complete discretion to provide services or otherwise engage in other business or employment activities.
10.3. You hereby acknowledge and agree that Onak and its Affiliates are merely providers of the Onak App and its supporting services and do not provide transportation services. By providing the Onak App, Onak and its Affiliates act as facilitators of transportation service between you and Customer. Onak may also act as your commercial agent by collecting and forwarding the payments made by Customers for the Transportation Services via the In-app Payment.
10.4. You, Onak and its Affiliates hereby expressly agree that the relationship between the parties is not an employment agreement, nor does it create an employment relationship between you and Onak or Affiliate. The parties also agree that no joint venture or partnership exists between you and Onak or its Affiliates. You may not act as an employee, agent or representative of Onak or its Affiliates nor bind them to any contract.
11. PROCESSING OF PERSONAL DATA
11.1. Processing your personal data. Onak collects your personal data such as name, address, telephone number, e-mail address, vehicle information, license plate number and location based information in order to enable the intended functioning of the Onak App and provide you and our Customers Onak Services. We may also request you to provide your driver’s license and criminal or other necessary records, in order to identify whether you have qualifications for pursuing this professional activity and safeguarding the contractual relations associated with the Onak Services. We disclose your personal data to Affiliates and other third parties only for the purposes of providing Onak Services.
11.2. You may at all times request to see, update or remove your personal data. However, please note that if you request to remove your personal data, Onak may have to terminate your right to provide Transportation Services. After you delete your Onak account, Onak shall delete your personal data, but not before five (5) years has passed as of deleting your account (in case any contractual issues come forth). Certain personal data may be kept for a longer period of time, if so required by the applicable law.
11.3. Transmitting your geo-location and other information to Customers. In order to provide Onak Services, we collect your geo-location information while you are using the Onak App. This means that we monitor and track your geo-location and may share your current location via the Onak application to the Customers in order to provide them the Onak Services. Additionally, we will provide Customers your name, vehicle information and license plate number for your identification and safety reasons. If you would like your geo-location data and other aforementioned information not to be available to Customers, you must close the Onak Driver App or indicate in the Onak Driver App that you are currently not looking to provide Transportation Services.
11.4. Your right to process personal data of Customers. You may not process the personal data of the Customers without the permission of Onak. You may not contact any Customer or collect, record, store, grant access, use or cross-use the personal data provided by the Customers or accessible to you via the Onak App for any reason other than for the purposes of fulfilling the Transportation Service request via Onak App. Onak shall be entitled to charge you a contractual penalty in the amount of AED 50,000 for each case against this right.
12.1. The Onak App is provided on an “as is” and “as available” basis. Onak and its Affiliates do not represent, warrant or guarantee that access to Onak App will be uninterrupted or error free. As the usage of Onak App for requesting transportation services depends on the behavior of Customers, Onak and its Affiliate do not guarantee that your usage of the Onak App will result in any Transportation Service requests. Onak is not liable for the proper functioning of the Onak App and any loss or damage that you may occur as a result.
12.2. To the maximum extent permitted under the applicable law, Onak and/or any of its Affiliates, representatives, directors and employees are not liable for any loss or damage that you may incur under or in connection with the Agreement or as a result of using the Onak App, including but not limited to:
• any direct or indirect property damage or monetary loss;
• loss of profit or anticipated savings;
• loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;
• loss or inaccuracy of data; and
• any other type of loss or damage.
12.3. For avoidance of doubt, Onak does not guarantee the submission of requests by the Customers and can in no way be considered as a person acting on behalf or in the name of the Customer. Onak will strive to remove unwelcomed users of the Onak App. However, Onak and/or any of its Affiliates are not liable for the actions or non-actions of the Customers or their co-passengers using the Onak App and shall not be liable for any loss or damage that you may incur as a result of actions or non-actions of the Customers or their co-passengers.
12.4. Please note that you are fully liable for breach of the Agreement and/or any other applicable laws or regulations and must stop and remedy such breach immediately after receipt of a respective demand from Onak, Affiliate or any other authority.
12.5. You are fully liable and shall indemnify Onak for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, fine that Onak and/or any of its Affiliates or representatives may occur in connection with your breach of the Agreement and/or claim by a third party (including the Customer) directly or indirectly related to provision of Transportation Services. Should any of the Customers present any claims against Onak in connection with your provision of Transportation Services, then you shall compensate such damage to Onak in full within 15 (fifteen) days as of your receipt of the respective request from Onak.
12.6. You are obliged to comply with all tax obligations you may incur in relation to fulfilling your obligations arising from the Agreement or providing Transportation Services. You shall indemnify Onak and/or its Affiliates from all tax liabilities, duties, levies, claims and penalties that it incurs as a result of your failure to comply with your tax obligations (including, but not limited to, failure to pay income tax or social security tax).
12.7. In case Onak is entitled to present any claims against you, then you shall compensate Onak any legal costs related to evaluation of the damages and submission of claims relating to compensation for such damage.
13. TERM AND TERMINATION
13.1. The conditions expressly specified in these General Terms shall enter into force as of submitting the signup application located on the Website, or signing the hardcopy. Each other document that is part of the Agreement shall enter into force once the specific document has been made available to you and you commence or continue providing the Transportation Services, unless prescribed otherwise in the Agreement.
13.2. You may terminate the Agreement at any time by notifying Onak at least 7 (seven) days in advance, after which your right to use the Onak App and Onak Services shall terminate. The Agreement will also terminate upon the deletion of your Onak account.
13.3. Onak may terminate the Agreement at any time and for any reason at the sole discretion of Onak by notifying you at least 3 (three) days in advance.
13.4. Onak is entitled to immediately terminate the Agreement and block your access to Onak App without giving any advance notice in case you breach the Agreement, any applicable laws or regulations, disparage Onak or its Affiliates, or cause harm to Onak or its Affiliates’ brand, reputation or business as determined by Onak in its sole discretion. In the aforementioned cases Onak may, at its own discretion, prohibit you from registering a new account or take other necessary steps to stop you from providing Transportation Services.
13.5. Onak may also immediately block your access to the Onak App and other Services for the period of investigation, if we suspect an infringement of the Agreement or fraudulent activity from your behalf. The block of access will be removed once the investigation disproves such suspicions. Onak shall only use the right described herein in good faith.
13.6. Onak is aiming to provide the highest quality service to all Customers and is monitoring the activity of Drivers in its system. If you fail to meet the minimal service requirements, such as the obligation to possess a certain minimal rating and activity score, Onak is entitled to immediately terminate the Agreement without giving any advance notice.
14.1. Onak has the sole right to make changes to any of the documents part of the Agreement. Any changes to the Agreement shall enter into force after they have been made available to you via e-mail, Onak App or Driver’s Portal and you have continued to provide Transportation Services, unless prescribed otherwise in the Agreement.
14.2. In order to amend the General Terms, Onak shall post a revised version of it on the Website (http://onak.ae/legal/) and give you at least 14 (fourteen) days prior notice. If you continue to use the Onak App, you shall be deemed to have accepted the revised conditions.
15. APPLICABLE LAW AND COURT JURISDICTION
15.1. The Agreement shall be governed by, and construed and enforced in accordance with the laws of Emirate of Abu Dhabi in United Arab Emirates.
15.2. Any dispute that may arise in connection with this Agreement, whether with respect to its existence, validity, interpretation, performance, breach, termination or otherwise, shall be settled by way of negotiations. If the respective dispute resulting from this Agreement could not be settled by the negotiations, then the dispute will be finally solved in Abu Dhabi Judicial Department, Abu Dhabi, United Arab Emirates.
16. CONTACT INFORMATION
16.1. You are obligated to immediately notify Onak of any changes of your contact information and guarantee to keep the contact information accurate and up to date.
16.2. The contact information of Onak is available at the Website.
17. FINAL PROVISIONS
17.1. If any provision of the Agreement is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision. The failure or delay by either party to enforce any term of the Agreement shall not be deemed a waiver of such term.
17.2. You may not assign the Agreement or any of its rights or obligations there under, if not provided otherwise by the Agreement.
17.3. Any notice required to be given under this Agreement shall be sufficiently given if: (i) delivered personally, (ii) sent by courier with proof of delivery, (iii) sent by registered mail, (iv) sent by e-mail or (v) made available via the Onak’s Driver’s Portal or Onak App. Any notice which is sent or dispatched in accordance with this clause 17.3 shall be deemed to have been received: (i) if delivered personally, at the time of delivery to the party; (ii) if delivered by courier, on the date stated by the courier as being the date on which the envelope containing the notice was delivered to the party; (iii) if sent by registered mail, on the 10th day after handing the document over to the post office for delivery to the party; (iv) if made available via the Onak’s Driver’s Portal or the Onak App, or (v) if sent by e-mail, on the day the party receiving the e-mail confirms receiving the respective e-mail or on the 2nd day following the dispatch of the e-mail provided that the sender has not received an error notice (notifying that the e-mail was not delivered to the party) and has sent the e-mail again on the next calendar day and has not received a similar error notice.
Date of entry into force of the General Terms: 01.01.2018.