Effective Date: October 17, 2012
In these Terms of Use, “OneGo” “we” “us” or “our” shall refer to OneGo Loyalty Solutions Inc., a Delaware, USA corporation, and all of the services and functions that it provides through its website www.onego.eu, and through its international versions, sub-domains, widgets, mobile versions and applications (including accessed via third parties) OneGo provided methods for redemption of Account Balance (collectively, these are all referred to as “OneGo”).
“You”, “your”, “yourself” or “User” shall refer to the individual accessing OneGo or individuals who have created a OneGo User Account. By doing either, you are accepting these Terms of Use (“Terms of Use”). “Business” shall refer to the sole proprietor or business which has created OneGo Business Account. “Customer” shall refer to OneGo User, who has chosen to become a customer of a particular Business.
By using OneGo, you warrant that you understand, agree, and accept these Terms of Use as well as the OneGo’s Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms of Use, do not access or use OneGo. These Terms of Use may change at OneGo’s sole discretion. Each time you access or use OneGo, you agree to the then-in-effect Terms of Use, which shall always be up-to-date as published hereon.
OneGo hereby grants you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use OneGo (the “License”). OneGo website and its functions are provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties, either express, implied, or statutory, including without limitation any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
OneGo pays special attention to the protection of your privacy and User Account data. OneGo’s Privacy Policy is separately delineated and available here: www.onego.eu/privacy. By agreeing to these Terms of Use, you are also indicating that you have read, understood, and agreed to OneGo’s Privacy Policy.
OneGo User Account creation and management are and always will remain free.
By following the directions at www.onego.eu, you can create a user account (“User Account”) where the information that you provide will be stored and where you may keep track of your Account Balance (all your offers, rewards and gift card balances are collectively referred to as “Account Balance”). Please read pop-up prompts carefully before indicating your consent where required. At all times, your use of OneGo shall indicate your consent to these Terms of Use. You understand and acknowledge that OneGo has no control over the general security of the internet or information exchanged over it, and agree that OneGo has no liability for any loss, theft, or misappropriation of data that may occur through your use of OneGo in conjunction with external systems.
You agree that you shall not use your User Account for any illegal means, or in any manner that would violate the rights and legitimate interests of other persons or entities. You further agree that you will at all times abide by all applicable laws as well as these Terms of Use.
You alone are responsible for any and all activity occurring on your User Account. OneGo shall not be responsible for any unauthorized access to or use of your User Account or any user data that you store thereon. Your use of OneGo is expressly undertaken at your own risk.
All persons maintaining User Accounts consent to receive OneGo administrative emails. All such emails shall be considered received once they are sent to the contact information you provide with your User Account, so please ensure your contact information stays up-to-date. The content of administrative emails will be related to use of OneGo or changes of Terms of Use, Privacy Policy or other legal documents.
We are committed to ensuring the consistency, continuity, and quality of OneGo, and will make needed system repairs and adjustments as promptly as possible in the event any technical difficulties or problems arise. While OneGo will make every effort to ensure that disruptions are minimized, you acknowledge that the use of OneGo may be interrupted during routine or scheduled maintenance, as well as during periods where such a disruption is necessary for OneGo to accomplish any needed system repairs. We do not warrant that your use of OneGo will be uninterrupted, timely, secure or error-free. In no event shall OneGo be liable to you or to any third party for any disruption to OneGo or system failure, or for any damages sustained or alleged as a direct or indirect result thereof.
You can redeem your Account Balance at Business’ Point of Sale (“Point of Sale” includes physical points of sale and check-out points of online businesses) by using your email, cell number, OneGo cards or other OneGo generated unique codes (e.g. numbers, bar codes, QR codes, stripes or NFC technology provided on cards, fobs, certificates and etc.).
The manner in which you may redeem your Account Balance may vary at different Points of Sale according to each Business’ technical capabilities and OneGo limitations.
In order to make your Account Balance more secure, you should create a User Account at OneGo’s website and register your email, cell number, OneGo cards and other OneGo generated codes. Registration will allow you to manage your email, cell number, cards and other OneGo generated codes (for example, to block your OneGo card in case of loss). OneGo cards have a security code which is needed for their registration. The protection layer on the security code must be intact when you acquire a OneGo card, otherwise the security code may have already been used, which could result in a compromise of your use of the OneGo card or your Account Balance.
Your email, cell number, OneGo card and other OneGo generated codes are for individual use only and each of them can be registered only in one User Account.
You bear all risk of loss and unauthorized use of your email, cell number, OneGo cards and other OneGo generated codes. We advise saving receipts from Businesses, so that you have proof of transaction in the event of any dispute with Business regarding your Account Balance. Any questions regarding redemption of your Account Balance should be addressed directly to the related Business. OneGo Businesses are solely responsible for the content, terms and conditions of their Offers, see sections “Content of Business’ Offers” and “Business' Terms of Sale and Business Disputes and Complaints”.
You agree to act lawfully and respectfully while accessing and using OneGo, and to deal fairly and in good faith with OneGo and its Businesses. Prohibited conduct specifically includes, but is not limited to the following:
Any violation or suspected violation of the above-mentioned conduct may result in the temporary or permanent suspension of your User Account by OneGo and the blocking of your email, cell number, OneGo cards and other OneGo generated codes registered in your User Account. OneGo will attempt to notify you of any suspension of your User Account by administrative email, however, advance notice from OneGo is not required. OneGo reserves the right to investigate any suspected breaches of these Terms of Use and any suspected violations of local, state, and federal laws, and OneGo expressly reserves the absolute right to temporarily or permanently suspend the User Account of any user whom OneGo, in its sole and absolute discretion, determines has violated or attempted to violate these Terms of Use or any applicable law. OneGo reserves its right to seek maximum penalties available under the law for any violations or offenses hereof.
In the event your User Account is permanently suspended for a violation of these Terms of Use, you specifically understand and agree that your User Account and registered cell number, OneGo cards and other OneGo generated codes will no longer work or be accessible for any purpose, and your Account Balance accrued on your User Account shall be irrevocably forfeited and that you shall have no remedy whatsoever from OneGo or Businesses.
You understand and agree that Businesses are third parties who use OneGo to create their offers, rewards programs and gift cards (collectively “Offers”) and that they alone are responsible for the content (including terms and conditions) of their Offers. OneGo shall not be liable in any manner for the content of Offers or for any warranties or promises contained therein, nor for any actions taken by a Business.
You can share Offers and OneGo notifications with others through OneGo or through email or external systems, such as social media networks. OneGo shall not in any event become liable in any way for messages sent by you to others.
When you choose to redeem or accept a Offer, you are engaging in a transaction with a third party, and you acknowledge and understand that OneGo has no role whatsoever in that transaction, nor any liability therefore. In no event shall OneGo be responsible for any damages or losses sustained or alleged by you due to any action or failure to act by a Business.
OneGo makes every effort to ensure that Businesses using OneGo abide by OneGo’s terms and conditions for their Offers. However, the Business is solely responsible for the terms and conditions of its Offers and any transactions related to or arising out of fulfillment of Offers.
When you choose to redeem Offers, you must consent to that Business’ separate terms and conditions of its Offers, including its refund and return policies, if any. OneGo only accounts and records your Account Balance. Any dispute regarding merchandise, service or Offers must be addressed between you and the Business according to that Business’ policies. Please note that OneGo does not give personal responses to user complaints, issue cash back, redeem or exchange any Offers.
OneGo wants to make sure you only receive those OneGo’s notifications about Offers that you are interested in receiving, and only in the manner you choose to receive them.
You will not receive notifications about Offers unless you opt-in for notifications through your Notification Settings. By opting-in for notifications, you authorize OneGo to send you notifications according to your Notification Settings. You will be able to opt out of notifications about Offers at any time by accessing your User Account online.
At no time will Businesses have the access to your contact information. Offers will appear in your User Account and any notifications regarding those Offers will always be sent to you by OneGo and OneGo will not share or distribute your contact information with Businesses. For further information on OneGo Privacy Policy, click here: Privacy Policy.
You may close your User Account at any time. After closing your User Account, you will no longer be able to redeem your Account Balance and OneGo cards and other OneGo generated codes registered in your Account will no longer work. The closure of an account is irreversible. Though you may open a new account at a later date, you will no longer be able to access former Account Balance from a closed account. If your User Account has already been suspended by OneGo, you cannot close your User Account.
Your use of OneGo is absolutely voluntary, and is undertaken with your express consent to these Terms of Use, and your consent to the waivers of liability contained herein throughout this agreement. Specifically, you agree that OneGo shall not be responsible or liable to you for any damages, including, but not limited to, direct, indirect, incidential, special, punitive, or consequential damages, sustained or alleged as a result of your use of OneGo, nor for any claims you may have against Businesses, whom you expressly understand are third parties, over whose actions OneGo has no control or liability whatsoever. You further understand and agree that OneGo shall not be liable to any third parties as a result of any actions taken by you through your use of or involving OneGo, and you agree to hold harmless, defend, and indemnify OneGo for any actions taken by you through, on, or using OneGo that infringe any third party rights.
This waiver of liability shall be read and construed in the broadest and fullest manner allowable under the law. If one or more of the provisions in these Terms of Use are found invalid or unenforceable, said provision shall be severed and shall not affect the validity or enforceability of the remaining provisions. OneGo’s failure to exercise any of its rights at any time shall not operate to waive or be construed as a waiver of those rights.
In the event of any dispute arising between you and OneGo, you specifically understand, agree, and consent to submit the matter to binding arbitration before a single arbiter of a professional mediation and arbitration service such as Adjudicate West, ADR, JAMS, or similar service, according to the rules of the American Arbitration Association (“AAA”). For any arbitration initiated by you, you agree that you shall bear all of the arbitration costs, unless you can successfully demonstrate before a judge that this burden would make arbitration cost-prohibitive, in which case OneGo will pay as much of the arbitration costs as deemed necessary by a judge of competent jurisdiction. For any arbitration initiated by OneGo, OneGo agrees that it shall bear all of the arbitration costs.
In any arbitration brought by either party, you agree that the law of the state of Delaware, USA shall be applied to interpret, arbitrate, and otherwise decide the dispute between the parties, without regard to choice of law principles. You understand and agree that OneGo’s mandatory dispute resolution procedure via binding arbitration is permitted and shall be governed and interpreted by the Federal Arbitration Act in accordance with the parties’ intent, detailed in these Terms of Use to voluntarily submit to such binding arbitration in lieu of the right to bring their grievance in a court of law and be heard by a jury of their peers.
OneGo reserves its right to transfer some or all of its obligations and rights to a third party.
