Terms of Service

1. Eligibility

You must be at least 18 years old (or the legal age of majority in your jurisdiction) to create an account and use the Service. By using the Service, you confirm that you meet this requirement and that any information you provide is accurate and current.

2. Your Account

• You are responsible for keeping your account credentials and registered phone number secure. You must notify us immediately of any unauthorized access.
• One person may not maintain multiple accounts without our permission.
• We may suspend or terminate accounts that violate these Terms, appear fraudulent, or otherwise pose risk to OnWay, our partners, or other users.

3. The Service

OnWay is a technology platform that connects customers with independent merchants and independent delivery drivers. OnWay does not prepare food, manufacture digital goods, or operate as a merchant of record for third-party items. OnWay is not the seller of items provided by merchants and does not employ delivery drivers; drivers are independent contractors.

4. Orders, Pricing, and Payment

• Item prices, delivery fees, taxes, and any service fees are shown in the app before you confirm an order. Prices may change without notice; the price shown at checkout applies to that order.
• By placing an order, you authorize OnWay (or our payment provider) to charge your selected payment method for the total amount, including any applicable taxes and fees.
• For digital goods (top-ups, gift cards, online cards, game cards), delivery is electronic and typically immediate after successful payment.
• For physical orders, delivery times are estimates and depend on traffic, weather, merchant preparation, and other factors outside our control.

5. Refunds and Cancellations

• Once an order is accepted by a merchant, you may not be able to cancel it. Where cancellation is permitted, refunds will be issued to your original payment method, less any applicable fees.
• For digital goods, all sales are final unless the code or top-up fails to activate, in which case we will reissue or refund the failed item.
• If a delivery is significantly late, missing items, or incorrect, contact support within 24 hours so we can investigate and, where appropriate, issue a refund or credit.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any law.
• Place fraudulent orders, misrepresent your identity, or use stolen payment methods.
• Harass, threaten, or harm drivers, merchants, customers, or OnWay staff.
• Reverse-engineer, scrape, or interfere with the Service or its security.
• Upload content that is illegal, infringing, sexually explicit, hateful, or otherwise objectionable.

7. Merchant Terms

• Merchants are responsible for the quality, safety, accuracy of descriptions, and legal compliance of the items they list.
• Merchants must honor pricing and availability shown in the app at the time the customer places an order.
• Payouts are made to the bank or wallet account on file, on the schedule communicated to merchants. OnWay may withhold payouts for refunds, chargebacks, or suspected fraud.

8. Driver Terms

• Drivers are independent contractors, not employees of OnWay. Drivers control their own working hours, choose which orders to accept, and use their own vehicles.
• Drivers must follow all traffic laws, deliver orders in a safe and timely manner, and treat customers and merchants respectfully.
• Drivers must maintain valid identification and any licences required to operate their vehicle. OnWay may verify these documents and may deactivate driver accounts that fail verification or violate these Terms.
• Earnings are paid to the bank or wallet on file according to the schedule communicated in the app. OnWay may deduct fees, taxes, or amounts owed for cancellations or violations.

9. Ratings, Reviews, and User Content

You may submit ratings, reviews, photos, and other content (User Content). You retain ownership of your User Content and grant OnWay a worldwide, non-exclusive, royalty-free licence to host, store, display, and distribute it as part of the Service. You are solely responsible for your User Content and confirm you have the rights to share it.

10. Intellectual Property

OnWay and its licensors own all rights in the Service, including its software, design, brand, and content. We grant you a limited, non-transferable, revocable licence to use the Service for its intended purpose. You may not copy, modify, distribute, or create derivative works of the Service except as expressly permitted.

11. Disclaimers

The Service is provided as is and as available without warranties of any kind. To the maximum extent permitted by law, OnWay disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Service will be uninterrupted, error-free, or free of harmful components.

12. Limitation of Liability

To the maximum extent permitted by law, OnWay and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Service. Our total liability for any claim arising from the Service will not exceed the amount you paid OnWay in the three months before the event giving rise to the claim.

13. Indemnification

You agree to indemnify and hold OnWay, its affiliates, and their respective officers, directors, employees, and agents harmless from any claims, damages, losses, and expenses (including reasonable legal fees) arising out of your use of the Service, your User Content, your violation of these Terms, or your violation of any rights of another.

14. Suspension and Termination

We may suspend or terminate your access to the Service at any time for any reason, including violation of these Terms or suspected fraud. You may stop using the Service and delete your account at any time. Sections that by their nature should survive (intellectual property, disclaimers, liability, indemnification, governing law) will survive termination.

15. Governing Law and Disputes

These Terms are governed by the laws of the Republic of Iraq, without regard to conflict-of-law rules. You agree that any dispute arising from these Terms or the Service will be resolved exclusively in the courts of Iraq, unless local mandatory law requires otherwise.

16. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the Service or by other means. Continued use of the Service after changes take effect means you accept the updated Terms.

17. Contact Us

If you have questions about these Terms, contact us at support@onwayiraq.com.