The OBR TAXI Platform is not available for use by persons under the age of 18 and may only be used by individuals who can form legally binding contracts under applicable law. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation services from Captains unless they are accompanied by you or another adult. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the OBR TAXI Platform, and you may only use the OBR TAXI Platform for lawful purposes. You will not, in your use of the OBR TAXI Platform, cause nuisance, annoyance, inconvenience, or property damage, whether to a Captain, other third party provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the OBR TAXI Platform, and you agree that you may be denied access to or use of the OBR TAXI Platform if you refuse to provide proof of identity.

Promotions, Credits and Referral Programs.

Order Taxi, in its sole discretion, may make promotions available to any User or potential User. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Order Taxi. Promotions will in many cases be made available to you via alpha numeric codes (“Promo Codes”). OBR TAXI reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that OBR TAXI determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.

You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Order Taxi; (iii) may be disabled by OBR TAXI at any time for any reason without liability to Order Taxi; (iv) may only be used pursuant to the specific terms that OBR TAXI establishes for such Promo Code; (v) are not valid for cash; (vi) may expire prior to your use and (vii) OBR TAXI may establish additional terms relating to specific promotions. OBR TAXI reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that OBR TAXI determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.

As part of your User account, OBR TAXI may provide you with or allow you to create a “OBR TAXI Code,” a unique alphanumeric code for you to distribute to friends, family and other persons (each a “Referred User”) to become new Users (“Referred Users”) or Captains (“Referred Captains”). OBR TAXI Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your OBR TAXI Code. You are prohibited from advertising OBR TAXI Codes, including but not limited to: Google, Facebook, Twitter, Bing and Craigslist. OBR TAXI reserves the right to deactivate or invalidate any OBR TAXI Code at any time in Order Taxi’s sole discretion.

You may receive credits (“OBR TAXI Credits”) or trip discounts (“Trip Discounts”) that you can apply toward payment of certain charges upon completion of a trip. OBR TAXI Credits and Trip Discounts are only valid for use on the OBR TAXI Platform, and are not transferable or redeemable for cash. OBR TAXI Credits and Trip Discounts cannot be combined, and if the cost of your ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the trip. Additional restrictions on OBR TAXI Credits and Trip Discounts may apply as communicated to you in a relevant promotion. OBR TAXI may cancel, or vary the terms, relating to any OBR TAXI Credits or Trip Discounts at any time in its sole discretion.

From time to time, OBR TAXI may offer you incentives to refer new Users to the OBR TAXI community (the “Referral Program”). These incentives may come in the form of OBR TAXI Credits and/or Trip Discounts, and OBR TAXI may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.

 

Communications.

By becoming a User, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or pre-recorded messages may be generated by automatic telephone dialling systems (where allowed by and in compliance with local law). Communications from Order Taxi, its affiliated companies and/or Captains, may include but are not limited to: operational communications concerning your User account or use of the OBR TAXI Platform or Driving Services, updates concerning new and existing features on the OBR TAXI Platform, communications concerning promotions run by us or our third- party partners, and news concerning OBR TAXI and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. If you no longer wish to receive promotional or marketing-related communications by text message, please contact info@obr.taxi and/or review the Privacy Policy for further information.

4. Charges and Payments

As a User, you agree to pay the amounts charged by OBR TAXI (the “OBR TAXI Fee”) and amounts charged by Captains for providing Driving Services to you (“Trip Charges”).

After you have received Driving Services from a Captain, Order Taxi: (i) may facilitate your payment of the applicable Trip Charges on behalf of the Captain as such Captain’s limited payment collection agent and (ii) may collect any applicable OBR TAXI Fee directly from you or, in the case of a cash payment, from the relevant Captain. Payment of the Trip Charges and OBR TAXI Fee in the above manner shall in all cases be considered the same as payment made directly by you to the Captain or to Order Taxi, as applicable. Trip Charges and OBR TAXI Fees will be inclusive of applicable taxes where required by law. Trip Charges and OBR TAXI Fees paid by you are final and non-refundable, unless otherwise determined by Order Taxi. You retain the right to request lower Trip Charges from a Captain for Driving Services received by you from such Captain at the time you receive such Driving Services (but not after the Driving Service is underway or completed). OBR TAXI will respond accordingly to any request from a Captain to modify the Trip Charges for a particular Driving Service.

All Trip Charges and OBR TAXI Fees are due immediately and payment will be facilitated by OBR TAXI using the preferred payment method designated in your Account, after which OBR TAXI will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that OBR TAXI may, on its own behalf, and as the Captain’s limited payment collection agent, use a secondary payment method in your Account, if available.

As between you and Order Taxi, OBR TAXI reserves the right to establish, remove and/or revise OBR TAXI Fees at any time in Order Taxi’s sole discretion. Trip Charges may also be varied or revised at any time without your consent. Further, you acknowledge and agree that Trip Charges and OBR TAXI Fees applicable in certain geographical areas may increase substantially during times of high demand. OBR TAXI will use reasonable efforts to inform you of Trip Charges and OBR TAXI Fees that may apply, provided that you will be responsible for Trip Charges and OBR TAXI Fees incurred under your Account regardless of your awareness of such Trip Charges or OBR TAXI Fees, as applicable, or the amounts thereof.

Repair or Cleaning Fees.

You shall be responsible for the cost of for damage to, or necessary cleaning of, Captain vehicles and property resulting from use of the OBR TAXI Platform under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Captain reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by OBR TAXI in Order Taxi’s reasonable discretion, OBR TAXI reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Captain using any of your payment methods. Such amounts will be transferred by OBR TAXI to the applicable Captain and are non-refundable.

The obr wallet was created to facilitate the payment and deduction process for the public transport service provided by the obr taxi platform
Knowing that the obr wallet is used exclusively for the purpose of paying the service fees provided by the obr taxi platform, and the amounts in the obr taxi user account are non refundable.

5. Restricted Activities

With respect to your use of the OBR TAXI Platform and your participation in the Driving Services, you agree that you will not: (i) impersonate any person or entity (ii) stalk, threaten, or otherwise harass any person, or carry any weapons (iii) violate any law, statute, rule, permit, ordinance or regulation (iv) interfere with or disrupt the Driving Services or the OBR TAXI Platform or the servers or networks connected to the OBR TAXI Platform (v) post information or interact on the OBR TAXI Platform or Driving Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal (vi) use the OBR TAXI Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy (vii) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information (viii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the OBR TAXI Platform (ix) “frame” or “mirror” any part of the OBR TAXI Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose (x) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the OBR TAXI Platform or any software used on or for the OBR TAXI Platform (xi) rent, lease, lend, sell, redistribute, license or sublicense the OBR TAXI Platform or access to any portion of the OBR TAXI Platform (xii) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the OBR TAXI Platform or its contents (xiii) link directly or indirectly to any other web sites (xiv) transfer or sell your User account, password and/or identification to any other party (xv) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation (xvi) cause any third party to engage in the restricted activities above.

6. Disclaimers; Limitation of Liability; Indemnity

DISCLAIMER.

THE OBR TAXI PLATFORM AND DRIVING SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” OBR TAXI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, OBR TAXI MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE OBR TAXI PLATFORM, DRIVING SERVICES OR ANY OTHER SERVICES REQUESTED THROUGH THE USE OF THE OBR TAXI PLATFORM, OR THAT THE OBR TAXI PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. OBR TAXI AND ITS AFFILIATES DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY DRIVING SERVICES OR ABILITY OF CAPTAINS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE OBR TAXI PLATFORM AND DRIVING SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

OBR TAXI and its Affiliates are not responsible for the conduct, whether online or offline, of any User or Captain using the OBR TAXI Platform or undertaking Driving Services. You are solely responsible for your interactions with other Users or with Captains. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Captains or Users. By using the OBR TAXI Platform and participating in the Driving Services, you agree to accept such risks and agree that OBR TAXI is not responsible for the acts or omissions of Users or Captains on the OBR TAXI Platform or participating in the Driving Services.

OBR TAXI and its Affiliates expressly disclaim any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.

Location data provided by the OBR TAXI Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Order Taxi, nor its Affiliates nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the OBR TAXI Platform. Any of your information, including geolocational data, you upload, provide, or post on the OBR TAXI Platform may be accessible to OBR TAXI and relevant Captains.LIMITATION OF LIABILITY.

OBR TAXI SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE OBR TAXI PLATFORM OR DRIVING SERVICES, EVEN IF OBR TAXI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OBR TAXI SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE OBR TAXI PLATFORM OR THE DRIVING SERVICES OR YOUR INABILITY TO ACCESS OR USE THE OBR TAXI PLATFORM OR THE DRIVING SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY CAPTAIN OR OTHER THIRD PARTY PROVIDER, EVEN IF OBR TAXI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OBR TAXI SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ORDER TAXI’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT CAPTAINS PROVIDING DRIVING SERVICES MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL ORDER TAXI’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE OBR TAXI PLATFORM OR THE DRIVING SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIFTY-

THE OBR TAXI PLATFORMMAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATIONWITH CAPTAINS BUT YOU AGREE THAT OBR TAXI HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY CAPTAINS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT.THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 6 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.

OBR TAXI AND ITS AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE OBR TAXI PLATFORM OR DRIVING SERVICES, EVEN IF OBR TAXI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OBR TAXI AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE OBR TAXI PLATFORM OR THE DRIVING SERVICES OR YOUR INABILITY TO ACCESS OR USE THE OBR TAXI PLATFORM OR THE DRIVING SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY CAPTAIN OR OTHER THIRD PARTY PROVIDER, EVEN IF OBR TAXI OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OBR TAXI AND ITS AFFILIATES SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. YOU ACKNOWLEDGE THAT CAPTAINS PROVIDING DRIVING SERVICES MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL ORDER TAXI’S AND/OR AN AFFILIATE’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE OBR TAXI PLATFORM OR THE DRIVING SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THREE THOUSAND UNITED STATES DOLLARS OR EQUIVALENT AMOUNT IN ANOTHER CURRENCY.

THE OBR TAXI PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION WITH CAPTAINS BUT YOU AGREE THAT OBR TAXI AND ITS AFFILIATES HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY CAPTAINS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT.THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 6 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Indemnity.

You agree to indemnify and hold Order Taxi, its Affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the OBR TAXI Platform and the Driving Services or services or goods obtained through your use of the OBR TAXI Platform; (ii) your breach or violation of this Agreement or(iii) your violation of the rights of any third party, including Captains.

 

7. Dispute Resolution

Arbitration.

You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the OBR TAXI Platform or Driving Services (collectively, “Disputes”) will be settled by binding arbitration between you and any relevant Affiliate in your jurisdiction, or between you and OBR TAXI Networks FZ-LLC if no other Affiliate is incorporated in your jurisdiction, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and OBR TAXI are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and the relevant Affiliate otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement. This “Dispute Resolution” section applies to all Disputes (as defined below) between you and OBR TAXI and/or any of its Affiliates.

Obr Taxi, in its sole discretion, may make promotions available to any User or potential User. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Order Taxi. Promotions will in many cases be made available to you via alpha numeric codes (“Promo Codes”). OBR TAXI reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that OBR TAXI determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.

You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Order Taxi; (iii) may be disabled by OBR TAXI at any time for any reason without liability to Order Taxi; (iv) may only be used pursuant to the specific terms that OBR TAXI establishes for such Promo Code; (v) are not valid for cash; (vi) may expire prior to your use and (vii) OBR TAXI may establish additional terms relating to specific promotions. OBR TAXI reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that OBR TAXI determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.

From time to time, OBR TAXI may offer you Points to redeem it and used the redeem offer to order a new Trip with Discounts, and OBR TAXI may set or change the Points types, amounts, terms, restrictions, and qualification requirements for any Points  in its sole discretion.

As part of your User account, OBR TAXI may provide you with or allow you to create a “OBR TAXI Code,” a unique alphanumeric code for you to distribute to friends, family and other persons (each a “Referred User”) to become new Users (“Referred Users”) or Captains (“Referred Captains”). OBR TAXI Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your OBR TAXI Code. You are prohibited from advertising OBR TAXI Codes, including but not limited to: Google, Facebook, Twitter, Bing and Craigslist. OBR TAXI reserves the right to deactivate or invalidate any OBR TAXI Code at any time in Order Taxi’s sole discretion.

You may receive credits (“OBR TAXI Credits”) or trip discounts (“Trip Discounts”) that you can apply toward payment of certain charges upon completion of a trip. OBR TAXI Credits and Trip Discounts are only valid for use on the OBR TAXI Platform, and are not transferable or redeemable for cash. OBR TAXI Credits and Trip Discounts cannot be combined, and if the cost of your ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the trip. Additional restrictions on OBR TAXI Credits and Trip Discounts may apply as communicated to you in a relevant promotion. OBR TAXI may cancel, or vary the terms, relating to any OBR TAXI Credits or Trip Discounts at any time in its sole discretion.

From time to time, OBR TAXI may offer you incentives to refer new Users to the OBR TAXI community (the “Referral Program”). These incentives may come in the form of OBR TAXI Credits and/or Trip Discounts, and OBR TAXI may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.

 

OBR TAXI has the right to withhold or turning off or other features or benefits (Promotions, Points, Quests, Credits and Referral Programs… etc) obtained through the use of Apps at any time in OBR TAXI’s sole discretion.