TERMS & CONDITIONS

1. Contractual Relationship
These Terms constitute a legally binding agreement between you (the “User”) and Curi Inc. governing your use of the Ontrai Platform. By accessing or using the Ontrai Platform, you confirm your acceptance of these Terms and our Privacy Policy.

2. The Services
The Ontrai Platform is a digital ordering and fulfillment system owned and operated by Curi Inc., a company incorporated in Saint Lucia. It provides Users with the ability to browse, order, and pay for food, beverages, and other retail products from a curated network of third-party vendors through a mobile app and website interface. Ontrai functions as a centralized ordering and logistics platform, facilitating transactions between Users and vendors by acting as the merchant of record for all purchases made on the Platform.

When a User places an order and completes payment via the Platform:

• The payment is collected by Curi Inc., not the individual vendor.

• Curi Inc. then transmits the order to the relevant vendor to fulfill on Curi’s behalf.

• Delivery is coordinated by Ontrai using third-party couriers or is made available for pickup, depending on the User’s selection.

Curi Inc. is responsible for:

• Receiving and processing payments.

• Issuing order confirmations and receipts.

• Handling customer support and refunds

• Managing platform promotions, loyalty rewards (Ontrai Points), and cancellations.

• Ensuring the accuracy of listed vendor menus and pricing (as provided by vendors).

The vendors remain responsible for:

• Preparing and packaging items accurately and hygienically.

• Accepting or rejecting incoming fulfillment requests within a reasonable time.

• Meeting agreed preparation and pickup times.

By using the Ontrai Platform, you acknowledge that all purchases are made directly from Curi Inc., and not from the vendor or delivery partner. Vendors act as fulfillment agents, and delivery providers operate independently.

3. User Account,Verification and Activation
Upon account registration, you will be required to verify your identity by entering a one-time verification code sent to your email or mobile number. This step is mandatory to activate your account.

• The verification code is valid for a limited time only.

• Failure to complete this step in the given time frame may result in delays or cancellation of your registration.

• Users are responsible for ensuring the accuracy and accessibility of their contact information (e.g., checking spam folders, avoiding typos).

• If the verification code is not received or does not work, Users may contact Curi Inc. for assistance via email or WhatsApp.

To access certain features of Ontrai, you may be required to register for an account.

1. You must provide accurate, current, and complete information.
2. You are responsible for maintaining the confidentiality of your account credentials.
3. You agree to notify us immediately of any unauthorized use of your account.

For security and fraud prevention purposes:

• The full name used to create your Ontrai account must match the name on your payment card.

• Your account will be locked to the name you provide at registration.

• If there is a mismatch between the registered name and the cardholder name during payment, you may be restricted from completing transactions or using the Ontrai Platform.

Curi reserves the right to suspend, restrict, or permanently disable accounts that provide false information or attempt to bypass verification systems.

4. User Requirements and Conduct
Users must:

1. Be at least 18 years old or have guardian consent
2. Not engage in fraudulent, abusive, or illegal activity
3. Respect vendors, drivers, and platform staff
4. Not tamper with the platform’s functionality or misuse referral/promotional features

Curi reserves the right to suspend or terminate any user account for conduct that is abusive, threatening, defamatory, or fraudulent toward vendors, drivers, or support staff.

5. Orders, Payments & Card Security

• All payments are made directly to Curi Inc. via secure, PCI-DSS compliant processors.
• We do not store or access full card data.
• Curi Inc. places the order fulfillment request to vendor. 

• Only when the request is accepted will you receive a notification prompting you to complete the payment. At this stage, you will be required to manually enter your card information to finalize the transaction. This ensures that your payment details remain private and protected at all times. If payment is not submitted within 3 minutes, Ontrai Support may contact you to confirm your intent to proceed. If no payment is received within 15 minutes, your order may be automatically cancelled by Ontrai Admin if we are unable to reach you or if there are other reasonable grounds for cancellation such as but not limited to; an invalid or missing delivery address, unavailable vendor items, or suspicious account activity.

• Orders are only processed once payment has been successfully completed.
• Curi Inc. is not VAT-registered. VAT is only applied to vendor charges where applicable.
• Important: Some banks or card issuers may apply additional processing or transaction fees. These charges are issued independently by your financial institution and will appear on your bank statement. They are not included on your Ontrai invoice and are outside the control of Curi Inc.

6. Refunds & Dispute Resolution Process
Curi Inc. does not issue cash refunds. If a purchase is canceled after payment, a full refund of the invoice total will be returned to your original payment method. Refunds typically take 3–10 business days to appear on your bank statement, depending on your card issuer. Some banks may apply additional card usage fees (e.g., a $3 service charge). These are issued by your bank and cannot be refunded by Curi Inc. For questions about such charges, please contact your bank directly. In certain cases, such as cancellations after food preparation begins, Curi Inc. may offer a refund in the form of Ontrai Points, our platform’s loyalty currency, which can be used toward future purchases. All refund or dispute requests are subject to a short review. Curi Inc. reserves the right to investigate any transaction before a final decision is made. This helps us protect all users and prevent misuse. If you have concerns about a transaction, please contact our support team. We handle all inquiries individually and strive to resolve them fairly and promptly.

7. Fraud, Unauthorized Use & Chargebacks
We are committed to protecting our users and merchants from fraudulent activity. All orders placed through Ontrai require the user to verify their identity via a secure, system-generated 4-digit PIN, which is sent to the registered email address and/or displayed in the user’s account upon successful payment. This PIN must be provided at the time of delivery or pickup and serves as confirmation of receipt by the authorized individual.

By placing an order on our platform, you agree that:

• You are the authorized holder of the payment method used.

• You will not use false or misleading information during checkout.

• You will take all reasonable steps to secure your Ontrai account credentials and contact information.

If a transaction is disputed through your bank (a “chargeback”), Ontrai reserves the right to provide the issuing bank with evidence that includes, but is not limited to, PIN verification logs, delivery confirmation, and account activity.

Chargebacks made on completed orders may result in:

• Temporary or permanent suspension of your Ontrai account

• Denial of future service until the matter is resolved

• Investigation into potential misuse or fraudulent behavior

We take fraud seriously and reserve the right to cooperate with relevant authorities, financial institutions, and our payment processors during such investigations.

If you suspect unauthorized use of your payment method or account, please contact us immediately at hi(at)ontrai.com, and we will work swiftly to investigate and assist.

8. Delivery and Pickup
Upon successful order placement, users are issued a unique 4-digit PIN generated by the system. For delivery requested orders this PIN is sent via email and is also accessible within the user’s Ontrai account. For pick up requested orders, this PIN is only visible in the user’s Ontrai account. This code must be:

1. Presented to the delivery driver in order to receive the order, or

2. Provided to the vendor when collecting pickup orders.

This PIN serves as the sole authentication method to complete the transaction, and only the user has access to it. Failure to present the correct code may result in the order NOT being fulfilled.

Additional terms:

1. Deliveries are fulfilled by independent drivers or third-party logistics partners.

2. Estimated delivery times are provided for convenience but are not guaranteed.

3. Pickup orders must be collected within the timeframe specified at the time of ordering.

4. Curi Inc. is not liable for delays or issues that occur after the order has been handed over by the vendor to the driver or logistics partner.

Proof of Delivery or Pick up:
The Company reserves the right to request proof of delivery for any order. Proof may be obtained by:

• Taking a photo to confirm delivery,

• Obtaining a signature on the receipt, and/or

• Verifying the unique 4-digit delivery PIN.

The Company may require one or more of these methods to confirm delivery, and this may be done without prior notification or permission from the user.

9. Third-Party Pickup or Delivery Authorization/Authorized Pickup or Delivery to Another Person
Ontrai vendors and delivery drivers are strictly instructed to release orders only upon confirmation of the correct, system-generated 4-digit verification code which is unique only to your account while the order is active. This code is automatically sent to the account holder via email and/or displayed in their Ontrai account after successful order placement.

By providing this unique verification code whether personally or through a third party you, as the sole account holder with the code, expressly authorize Ontrai, its vendors, and delivery personnel to treat the successful confirmation of the code as conclusive proof of receipt and acceptance of the order.

Additionally, if you include specific instructions in the Delivery Notes or Vendor Notes such as to hand the order to a named individual, call a specific number, deliver to a reception desk, leave at a particular location, or follow custom directions you acknowledge that:

• You are authorizing the order to be released to the party or location identified in those instructions.

• The unique verification code and/or your written delivery instructions will serve as sufficient consent to release the order.

• Ontrai, Curi Inc., vendors, and delivery drivers will not be held liable for any loss, theft, or damage once the order has been released in accordance with your instructions and/or upon confirmation of the verification code.

It is your responsibility to ensure the accuracy and security of any such notes or verification codes provided, and to share them only with individuals you trust to receive your order on your behalf.

10. Order Cancellation and Modification
Curi reserves the right to cancel an order due to vendor unavailability, kitchen capacity limits, equipment issues, technical failures, or regulatory restrictions.In such cases:

1. Users will be notified promptly via app, email, or SMS.
2. Users may receive a refund or Ontrai Points at Curi’s discretion.

If vendors request changes (e.g., item substitutions), Curi will notify the customer. Users may accept or reject such changes before fulfillment.

11. Location Accuracy and Misrepresentation

Users are required to enter accurate delivery or pickup locations when placing orders through the Ontrai platform. While we understand that GPS coverage in Saint Lucia may be inconsistent and some addresses may not appear on the map, users must make every effort to use the closest correct location available and provide clear, honest directions when prompted.

Deliberately entering an incorrect address, failing to provide accurate directions, or intentionally misleading drivers to a location significantly different from what was submitted is strictly prohibited. This behavior disrupts our delivery network, causes delays, and may result in:

1. Delayed or cancelled orders

2. Additional delivery charges

3. Temporary or permanent suspension of the user’s account

Curi Inc. reserves the right to investigate and take appropriate action against any misuse of the location system that affects operations or drivers.

12. Promotional Codes and Ontrai Points

1. Promo codes are subject to terms, limitations, and expiration.
2. Ontrai Points function as store credit and may be issued for refunds, cancellations, or promotions.
3. Points are non-transferable and expire after 90 days.
4. Refunds for canceled orders are typically issued as Ontrai Points unless required otherwise by law or card network policies.

13. KYC and Verification
Curi Inc. reserves the right to request identity verification (“Know Your Customer” or “KYC”) from any user, at any time, and at our sole discretion. We may initiate KYC checks for reasons including but not limited to:

• Compliance with Anti-Money Laundering (AML) and Counter-Terrorism Financing (CTF) laws

• Fraud prevention, identity verification, and abuse mitigation

• The review of high-value, unusual, or potentially suspicious transactions

KYC verification may be conducted in partnership with a third-party service provider. If requested, you agree to complete the KYC process in order to continue accessing certain features or completing transactions on the Ontrai Platform. All KYC data submitted is encrypted and processed in accordance with industry best practices. Curi Inc. does not store KYC documents on its own servers. Data is retained only for as long as legally necessary and is deleted when no longer required. By using the Ontrai Platform, you acknowledge and agree that you may be required to verify your identity when requested.

14. User-Provided Content

1. You retain ownership of content you post, such as reviews or feedback.
   
2. You grant Curi Inc. a royalty-free, worldwide license to use, display, and reproduce that content for promotional and operational purposes.

15. Third-Party Services

1. Ontrai connects you with independent vendors and third-party delivery providers.
2. We strive to ensure high service standards but cannot guarantee outcomes or assume liability for third-party errors.

16. Location Data and Tracking
The Ontrai app may request permission to access your device’s location in order to:

1. Facilitate real-time delivery tracking.
2. Enable map-based drop-off coordination.
3. Improve service accuracy.

You may control location permissions through your device settings.

17. License
Curi grants you a limited, personal, revocable, non-exclusive, non-transferable license to use the Platform for personal purposes.

18. Ownership
All content, design, trademarks, logos, and software are the property of Curi Inc. and its licensors. Unauthorized use is strictly prohibited.

19. Restrictions
You may not:

1. Copy, modify, distribute, or reverse-engineer any part of the Platform.
2. Attempt to gain unauthorized access or disrupt the platform.
3. Use bots, scrapers, or automated tools without written consent.

20. Disclaimers
The Platform and services are provided “as is” and “as available.” Curi does not guarantee uninterrupted access, error-free functionality, or perfect accuracy.

21. Limitation of Liability
To the fullest extent allowed by law:

1. Curi Inc. shall not be liable for indirect or consequential damages.

2. Our total liability for any claim shall not exceed the total value of your most recent transaction.

22. Indemnity
You agree to indemnify and hold harmless Curi Inc., its affiliates, employees, and partners from any claims or damages arising from:

1. Your violation of these Terms.
2. Your interactions with vendors or delivery personnel.
3. Your misuse of the Platform.

23. Messaging and Notifications
By using Ontrai, you agree to receive transaction-related communications via SMS, WhatsApp, email, and app notifications.

1. You may opt out of promotional communications via account settings or support requests.

24. Liability Disclaimer
By placing an order on the Ontrai platform, operated by Curi Inc., you agree and acknowledge the following:

1. Third-Party Fulfillment: Curi Inc. acts solely as a technology provider and order facilitator. Orders placed via the Ontrai platform are fulfilled by independent third-party vendors and/or delivery service providers. Curi Inc. is not the producer, preparer, or transporter of the food or goods ordered.

2. Order Verification and Delivery: Once the system-generated verification code is provided, or specific delivery/pickup instructions are entered in the Delivery Notes or Vendor Notes section, you authorize the release of the order to the specified individual or location. Curi Inc., its affiliates, vendors, and delivery personnel shall not be held liable for any loss, theft, damage, or unauthorized receipt of goods resulting from:

   • The sharing or misuse of your verification code,

   • Incorrect, misleading, or incomplete delivery instructions,

   • Orders released in accordance with either the verification code or the written instructions you provided.

3. User Responsibility: You are solely responsible for safeguarding your Ontrai account credentials and verification codes, and for ensuring that any third party you authorize to collect or receive your order is trustworthy and has been properly instructed.

4. Bank and Transaction Fees: Curi Inc. processes payments through third-party processors. Any additional fees, including transaction or service charges imposed by your bank, card issuer, or financial institution, are outside of Curi Inc.’s control and are not reflected in the Ontrai invoice. Curi Inc. disclaims all liability for such fees, which will appear on your bank statement and are not eligible for refund by Curi Inc.

5. No Warranty: Curi Inc. disclaims all warranties, express or implied, including any warranties of merchantability or fitness for a particular purpose, with respect to the products or services provided by vendors or delivery agents through the Ontrai platform.

6. Limited Liability: In no event shall Curi Inc. be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, or goodwill, arising from the use of the Ontrai platform or the performance of third-party vendors and delivery partners.

25. Governing Law
These Terms are governed by and interpreted in accordance with the laws of Saint Lucia. Disputes shall be resolved in the courts of Saint Lucia.

26. Modifications
We may update these Terms from time to time. Changes may be communicated via app updates, notifications, or emails. Continued use of the Platform signifies your acceptance.

27. Contact
For questions or support:
Curi Inc.
Marisule, Gros Islet, Saint Lucia
Hi(at)ontrai.com
+1 (758) 718-0353

By using Ontrai, you confirm that you have read, understood, and accepted these Terms.