ACCESS AND USE OF THE SERVICES

User Accounts

In order to use most aspects of the services, you must register for and maintain an active personal User Services account (“Account”). You must be at least 16 years of age, or the age of legal maturity in your jurisdiction (if different than 16), to obtain an Account, unless a specific service permits otherwise. You cannot register for or maintain an Account if you have previously been banned from accessing or using the services.

Account registration requires you to submit to OGB-RIDE certain personal information, such as your name, mobile phone number as well as at least one valid payment method supported by OGB-RIDE. For more information regarding OGB-RIDE’s use of your personal information, please see our Privacy Notice currently available at . You agree to maintain accurate, complete, and up-to-date information in your Account, including a valid phone number, and payment method. Your failure to comply with these Terms (including policies and supplemental terms) including, without limitation, your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by OGB-RIDE in writing, you may only possess one Account.

 Text Messaging and Telephone Calls

You agree that OGB-RIDE and its subsidiaries, representatives, affiliates, officers, and directors, may contact you by telephone or text messages (including by an automatic telephone dialing system and/or with an artificial or pre-recorded voice) at any of the phone numbers provided by you or on your behalf in connection with an OGB-RIDE account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods, or services.

You agree that OGB-RIDE may contact you using any of the phone numbers you provided in connection with an OGB-RIDE account (including via text or voice-recorded message) or your email address in the case of suspected fraud or unlawful activity.

User Feedback.

As OGB-RIDE respects your rights to your ideas, you agree that you will not submit any confidential ideas, information, or suggestions in any form to OGB-RIDE or any of its affiliates. For any ideas, information, or suggestions you do submit, regardless of what your communication regarding your submissions says, you understand that your submissions are voluntary and the following terms shall apply to your submissions: (i) your submissions and their contents will automatically become the property of OGB-RIDE, without any compensation to you; (ii) OGB-RIDE has no obligation to review your submissions; (iii) OGB-RIDE may implement and distribute any portion of your submissions and their contents for any purpose in any way, without any compensation to you; and (iv) OGB-RIDE has no obligation to keep your submissions confidential.

PAYMENTS

You understand that use of the Services may result in charges to you for the services or goods you receive from OGB-RIDE and/or from Third-Party Providers (“Charges”). You acknowledge that prices displayed to you when purchasing goods through the Services may be inclusive of retail prices charged by the Third-Party Provider and service fees paid to OGB-RIDE. OGB-RIDE will enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will include applicable taxes where required by law. Charges may include other applicable fees such as delivery fees, service fees, product return fees, cancellation fees, estimated or actual tolls, and/or surcharges. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand or due to other marketplace factors. All charges and payments will be enabled by OGB-RIDE using the preferred payment method designated in your Account, after which you will receive a receipt. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that OGB-RIDE may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by OGB-RIDE.

As between you and OGB-RIDE, OGB-RIDE reserves the right to establish or adjust Charges for any or all services or goods obtained through the use of the Services at any time. OGB-RIDE will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Certain users may from time to time receive promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. Promotional offers and discounts are subject to change or withdrawal at any time and without notice. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third-Party Provider’s behalf.

With respect to Third-Party Providers, charges you incur will be owed directly to Third-Party Providers, and OGB-RIDE will collect payment of those charges from you, on the Third-Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third-Party Provider. In such cases, you retain the right to request lower Charges from a Third-Party Provider for services or goods received by you from such Third-Party Provider at the time you receive such services or goods, and Charges you incur will be owed to the Third-Party Provider. OGB-RIDE will consider in good faith any request from a Third-Party Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Third-Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. Except for amounts provided by you through the Application as part of the “tip” feature, OGB-RIDE does not designate any portion of your payment as a tip or gratuity to a Third-Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third-Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. There also may be certain Charges you incur that will be owed and paid directly to OGB-RIDE or its affiliates

If you think a correction should be made to any Charge you incurred, you must let OGB-RIDE know in writing within 30 days after the Charge took place or OGB-RIDE will have no further responsibility and you waive your right to later dispute the amounts charged.

Damage, Cleaning, Lost and Found, and Violation of Terms.

OGB-RIDE may charge you a fee on behalf of Third-Party Providers if, during your use of the Services, you have caused damage to a vehicle or property that requires repair or cleaning (“Repair” or “Cleaning”). The amount of such fee shall be determined, in OGB-RIDE’’s sole discretion, based on the type of damage and the severity. OGB-RIDE reserves the right to verify or otherwise require documentation of damages prior to processing a fee. In the event that a Repair or Cleaning request is verified by OGB-RIDE’s reasonable discretion, OGB-RIDE reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts, as well as those pertaining to lost and found goods, will be transferred by OGB-RIDE to a Third-Party Provider, if applicable, and are non-refundable.

Additionally, if you fail to comply with these Terms, you may be responsible for Charges, including without limitation, for transactions that could not be completed properly, arising out of or in connection with your failure to comply with these Terms.

LIMITATION OF LIABILITY

OGB-RIDE 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 SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF OGB-RIDE, EVEN IF OGB-RIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OGB-RIDE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF OGB-RIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OGB-RIDE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OGB-RIDE’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD-PARTY PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME OGB-RIDE SERVICES MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. YOU ACKNOWLEDGE THAT THIRD-PARTY PROVIDERS ARE NOT OSTENSIBLE AGENTS, APPARENT AGENTS, ACTUAL AGENTS, OR EMPLOYEES OF OGB-RIDE.