Terms and Conditions
Terms and Conditions
These terms of service constitute a legally binding agreement (the “Agreement”) between you and Carviseta entity.
This Agreement governs your use of the Carviseta application, website, call center, services and technology platform (collectively, the “Carviseta Platform”). Generally, the right to operate the Carviseta Platform is licensed by Carviseta to its relevant Affiliates, and the relevant Affiliate in your jurisdiction provides you the right to access and use the Carviseta Platform in your jurisdiction.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE CARVISETA PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE CARVISETA PLATFORM.
Your access and use of the Carviseta Platform constitutes your agreement to be bound by this Agreement, which establishes a contractual relationship between you and Carviseta. Carviseta may immediately terminate this Agreement with respect to you, or generally cease offering or deny access to the Carviseta Platform or any portion thereof, at any time for any reason without notice.
Supplemental terms may apply to certain Services (as defined below), such as policies for a particular event, loyalty program, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, this Agreement for the purposes of the applicable Services. Supplemental terms shall prevail over this Agreement in the event of a conflict with respect to the applicable Services.
Carviseta may amend this Agreement from time to time. Amendments will be effective upon Carviseta’s posting of an updated Agreement at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Carviseta Platform after such posting constitutes your consent to be bound by this Agreement, as amended.
The Carviseta Platform
The Carviseta Platform provides a digital network where persons (“Users”) who seek personal car maintenance services at their doorstep,. Each User shall create a User account that enables access to the Carviseta Platform. Any decision by a User to make use of or accept Services is a decision made in such User’s sole discretion.
We aim to update the Carviseta Platform regularly and may change the content at any time. If the need arises, we may suspend access to the Carviseta Platform and the Services or close them indefinitely. Any of the material on the Carviseta Platform or the Services may be out of date at any given time, and we are under no obligation to update such material.
Subject to your compliance with this Agreement, Carviseta grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the Carviseta Platform on your personal device solely in connection with your use of the Carviseta Platform; and (ii) access and use any content, information and related materials that may be made available through the Carviseta Platform, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Carviseta and Carviseta’s licensors.
Third Party Services and Content.
Carviseta Platform Ownership
The Carviseta Platform and all rights therein are and shall remain Carviseta’s property or the property of Carviseta’s licensors. Neither this Agreement nor your use of the Carviseta Platform convey or grant to you any rights: (i) in or related to the Carviseta Platform except for the limited license granted above; or (ii) to use or reference in any manner Carviseta’s company names, logos, product and service names, trademarks or services marks or those of Carviseta’s licensors.
Use of the Carviseta Platform
In order to use most aspects of the Carviseta Platform, you must register for and maintain an active personal User account (“Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to Carviseta certain personal information, such as your name, address, mobile phone number, Car brand and model. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Carviseta Platform, including your ability to request access to your personal information or to opt in or out of marketing preferences, or Carviseta’s termination of this Agreement with you.
You agree to maintain the security and secrecy of your Account username and password at all times. You agree and understand that you are responsible for all activity that occurs under your Account, even as a result of loss, damage or theft of the device through which you access the Carviseta Platform.
Unless otherwise permitted by Carviseta in writing, you may only possess one Account.
User Requirements and Conduct
The Carviseta 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 request for car maintenance services unless they are accompanied by you or another adult. You must educate the minor on the laws that apply to them in their use of the product and must supervise their use at all times. You are solely and exclusively responsible for the activity of minors that you make a reservation for.
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 Carviseta Platform, and you may only use the Carviseta Platform for lawful purposes. In certain instances, you may be asked to provide proof of identity to access or use the Carviseta Platform, and you agree that you may be denied access to or use of the Carviseta Platform if you refuse to provide proof of identity. Failure to comply with the terms of this section or of section 5 may result in our taking certain actions against you, including but not limited to: (i) immediate, temporary or permanent withdrawal of your right to use the Carviseta Platform (ii) legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach (iii) disclosure of such information to law enforcement authorities as we feel is necessary and/or (iv)
Promotions, Bundles, Credits, Mobile Top Ups, and Referral Programs
Carviseta, 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 Carviseta. Promotions will in many cases be made available to you upon spending certain amounts for maintenance services in certain periods . Carviseta reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Carviseta 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 Promotions: (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 Carviseta; (iii) may be disabled by Carviseta at any time for any reason without liability to Carviseta; (iv) may only be used pursuant to the specific terms that Carviseta establishes for such Promotions / Cards; (v) are not valid for cash; (vi) may expire prior to your use and (vii) Carviseta may establish additional terms relating to specific promotions. Carviseta reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Card Promotions by you or any other user in the event that Carviseta 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.
The ability to access mobile top up services is made available to you through the Carviseta Platform and is subject to change and availability.
You may be entitled to purchase bundles of Carviseta Credit (“Carviseta Bundles”) or you may receive service discounts (“Service Discounts”) that you can apply toward payment of certain services provided by Carviseta or fees charged by Carviseta in relation to the Services.
Carviseta Bundles, Carviseta Credits and Service Discounts are only valid for use on the Carviseta Platform, and are not transferable or redeemable for cash and may only be used for certain Services. Carviseta Bundles, Service Discounts cannot be combined, and if the cost of your service exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the service.
Additional restrictions on Carviseta Bundles, Carviseta Credits and Service Discounts may apply as communicated to you in a relevant promotion or specific terms. Carviseta may cancel, or vary the terms, relating to any Carviseta Bundles, Carviseta Credits or Service Discounts at any time in its sole discretion.
From time to time, Carviseta may offer you incentives to refer new Users to the Carviseta community (the “Referral Program”). These incentives may come in the form of Carviseta Credits and/or Service Discounts, and Carviseta may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.
By becoming a User you are part of the Carviseta Loyalty Program (the “Program”) in those markets where the Program is available. Users will accrue points through using the services provided by Carviseta and may have access to a number of services, ways to support their local community, and benefits (“Rewards”) depending upon a given tier status (and relevant availability in any given market).
Users can earn or maintain tier status based on their usage of such services in any calendar month. Once a User attains a tier level, it will remain in effect for 2 consecutive months. With respect to the expiry of points earned pursuant to the Program, each calendar year consists of 2 reward periods: from January 1st to June 30th and from July 1st to December 31st (each a “Reward Period”) and any points earned in one Reward Period will expire automatically at the end of the following Reward Period.
Rewards are offered at the sole discretion of Carviseta and may be varied from time to time. Rewards and participating partners may differ from market to market and may be added or removed at the sole discretion of Carviseta. You may redeem points in exchange for Rewards or Donations (as applicable) at any time as indicated on the App. Where you redeem points Carviseta shall settle the equivalent or agreed amount (if applicable) with the participating partner and cancel its liability to you for the same. By redeeming Rewards you confirm that you agree to the terms of the Program.
Carviseta has the right to add, change, limit, modify or cancel Program rules, regulations, rules for earning and redeeming Rewards points, rewards, reward levels, redemption levels, processes, benefits, tier statuses, and Program partners without notice, even though such changes may affect the member’s tier status, the value of points already accumulated, the ability to use accumulated points, or the ability to obtain certain rewards.
Carviseta may, among other things: (1) increase or decrease the number of points received for a given action or amount spent or the number of points required for a reward; (2) withdraw, limit, modify, or cancel any reward; (3) add blackout dates, limit availability for any reward, or otherwise restrict the continued availability of rewards; (4) change program benefits served by Rewards or its partners, conditions of participation, rules for earning, redeeming, retaining, or forfeiting points, or rules governing the use of rewards; (5) change or cancel rewards; and (6) change the rules governing the tier statuses, including but not limited to: rules to reach a tier status, duration and expiry rules of the tier status, benefits granted by reaching a given tier status.
Carviseta makes no warranties or representations, either expressed or implied, and expressly disclaim all liability (including consequential damages) with respect to type, timeliness, cost, quality or fitness of goods or services provided through the Program.
If any participating Rewards partner improperly denies a User an accrual or benefit, the liability of Carviseta shall be limited to the equivalent value, in Rewards points, of that accrual or benefit as determined solely by Carviseta.
The Program has no predetermined termination date and may continue until such time as Carviseta decides to terminate the Program, at any time, with or without notice. If the Program is terminated, all unredeemed points or tier status benefits shall be forfeited without any obligation or liability, no award claims or tier status benefits shall be honoured after the conclusion of any notice period.
Carviseta reserves the right to cancel a User’s access to the Program and revoke any and all unredeemed Carviseta Rewards points collected by any Member who appears to be using the Program in a manner inconsistent with the terms or intent of the Program or any portion thereof. For reasons that include, but are not limited to: 1) violation of these terms and conditions; 2) misrepresentation of any information or any misuse of this Program; 3) violation of any national, state or local law or regulation in connection with the use of this Program; 4) commission of fraud or abuse involving any portion of this Program; or 5) action, in any other way, to the detriment of the Program or any of its stakeholders; all as may be determined by Carviseta in its sole discretion.
Notwithstanding the foregoing, Program violations, fraud or abuse in relation to rewards points and credit, tier status or reward usage is subject to appropriate administrative and/or legal action by appropriate governmental authorities and/or by Carviseta including, without limitation, the forfeiture of all point transfers, rewards, tier status or award issued pursuant to point redemptions and any accrued points in your account, as well as cancellation of the account.
The earning and redeeming of Rewards points are subject to all applicable local laws and regulations and are offered in good faith, however they may not be available or are subject to change if prohibited or restricted by applicable law or regulation.
Separate terms and conditions may apply to your reservation, purchase of goods and services, or rewards that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal. You understand that any violation of any such supplier’s rules and restrictions may result in your being denied access to the applicable product or services, in your forfeiting any monies paid for such product or service.
Charges and Payments
As a User, you agree to pay any amounts charged by Carviseta (the “Carviseta Fee”) (if applicable in your jurisdiction) and amounts charged by Engineers or other independent third party provider for providing Services to you (“Charges”).
After you have received Services from an Engineer or other independent third party provider, Carviseta: (i) may facilitate your payment of the applicable Charges on behalf of the Engineer as such Engineer’s limited payment collection agent and (ii) may collect any applicable Carviseta Fee directly from you. Payment of the Charges and Carviseta Fee in the above manner shall in all cases be considered the same as payment made directly by you to the Engineer or other independent third party provider or to Carviseta, as applicable. Charges and Carviseta Fees will be inclusive of applicable taxes where required by law, including any VAT or sales tax. Charges and Carviseta Fees paid by you are final and non-refundable, unless otherwise determined by Carviseta.
All Charges and Carviseta Fees are due immediately and payment will be facilitated by Carviseta using the preferred payment method designated in your Account, after which Carviseta or an Engineer, as applicable, will send show you receipt in the application. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Carviseta may, on its own behalf, and as the Engineer limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and Carviseta, Carviseta reserves the right to establish, remove and/or revise Carviseta Fees at any time in Carviseta’s sole discretion. Charges may also be varied or revised at any time without your consent. Further, you acknowledge and agree that Charges and Carviseta Fees applicable in certain geographical areas may increase substantially during times of high demand. Carviseta will use reasonable efforts to inform you of Charges and Carviseta Fees that may apply, provided that you will be responsible for Charges and Carviseta Fees incurred under your Account regardless of your awareness of such Charges or Carviseta Fees, as applicable, or the amounts thereof.
With respect to your use of the Carviseta Platform and your participation in the Services, you agree that you will not: (i) impersonate any person or entity (ii) stalk, threaten, or otherwise harass any person (including other Users making simultaneous use of the Service)(iii) violate any law, statute, rule, permit, ordinance or regulation (iv) interfere with or disrupt the Services or the Carviseta Platform or the servers or networks connected to the Carviseta Platform (v) post information or interact on the Carviseta Platform or with respect to 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 Carviseta 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 (viii) 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 (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Carviseta Platform (x) “frame” or “mirror” any part of the Carviseta 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 website for any purpose (xi) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Carviseta Platform or any software used on or for the Carviseta Platform (xii) rent, lease, lend, sell, redistribute, license or sublicense the Carviseta Platform or access to any portion of the Carviseta Platform (xiii) 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 Carviseta Platform or its contents (xiv) link directly or indirectly to any other web sites (xv) transfer or sell your User account, password and/or identification to any other party (xvi) 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 (xvii) cause any third party to engage in the restricted activities above. In the event that you undertake in any of the above while participating in Services, an Engineer shall be permitted to refuse to provide you Services or, if such Services have commenced, an Engineer shall be permitted to refuse to continue to provide you Services.
Disclaimers; Limitation of Liability; Indemnity
THE CARVISETA PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CARVISETA 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, CARVISETA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE CARVISETA PLATFORM, SERVICES OR ANY OTHER SERVICES REQUESTED THROUGH THE USE OF THE CARVISETA PLATFORM, OR THAT THE CARVISETA PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. CARVISETA AND ITS AFFILIATES DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ENGINEERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE CARVISETA PLATFORM AND SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
CarViseta and its Affiliates are not responsible for the conduct, whether online or offline, of any User, , mobile operator , or any other third party. You are encouraged to use a reasonable degree of sensibility and caution when interacting with other Users, Engineers or any other third party.
We are not required to procure insurance for, nor are we responsible for private belongings, including the loss of private belongings as a result of theft or snatching or because the belongings are left a vehicle.
By using the Carviseta Platform and participating in the Services, you agree to accept such risks and agree that Carviseta is not responsible for the acts or omissions of Users, , mobile operators, or any other third party.
You acknowledge that Carviseta may have its own insurance coverage from which you may benefit. In the event thereof, you agree to provide proper notification of an insurance claim and accept the benefit of any insurance service provided at your own risk and you hereby acknowledge that Carviseta is not acting as a broker in connection therewith, nor does it provide any guarantees, warranties or any other assurances in connection therewith.
Carviseta 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 Carviseta 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 Carviseta, 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 Carviseta Platform. Any of your information, including geolocational data, you upload, provide, or post on the Carviseta Platform may be accessible to Carviseta, selected partners and relevant Engineers.
LIMITATION OF LIABILITY
CARVISETA AND ITS AFFILIATES AND ITS PARTNERS 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 CARVISETA PLATFORM OR SERVICES, EVEN IF CARVISETA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CARVISETA AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE CARVISETA PLATFORM OR THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE CARVISETA PLATFORM OR THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY ENGINEER OR OTHER THIRD PARTY PROVIDER, EVEN IF CARVISETA OR ITS AFFILIATES OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CARVISETA AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. YOU ACKNOWLEDGE THAT ENGINEERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL CARVISETA’S AND/OR AN AFFILIATE’S AND/OR A PARTNER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE CARVISETA PLATFORM, THE SERVICES, ANY WEBSITE OR APPLICATION LINKED THERETO, ANY MATERIAL POSTED ON THE FOREGOING OR ACTS OR OMISSIONS OF RESTAURANT PARTNERS OR OTHER PARTNERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED TWO THOUSAND UNITED STATES DOLLARS OR EQUIVALENT AMOUNT IN ANOTHER CURRENCY.
THE CARVISETA PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE THE SERVICES WITH ENGINEERS BUT YOU AGREE THAT CARVISETA, ITS AFFILIATES, RESTAURANT PARTNERS AND OTHER PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICE PROVIDED TO YOU BY ENGINEERS 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.
You agree to indemnify and hold Carviseta, its Affiliates and other partners 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 Carviseta Platform and the Services or services or goods obtained through your use of the Carviseta Platform; (ii) your breach or violation of this Agreement or(iii) your violation of the rights of any third party,
General Rules on Competitions, Contests and Giveaways
Unless otherwise specified, Carviseta will conduct all competitions, contests and giveaways (each a “Competition”) as described in this section and by entering or participating in a Competition, each entrant or participant (“Entrant”) agrees to these rules whether or not any separate additional specific terms apply to the Competition.
When entering or participating in a Competition, an Entrant may be eligible for a prize specified in the corresponding promotional material (the “Prize”). Carviseta may reject an entry at its own discretion, provided that such rejection will not conflict with applicable law.
The Prize is non-transferable, non-exchangeable and no cash alternative is offered. In the event of a Prize being unavailable, Carviseta reserves the right to offer an alternative prize of equal or greater value if circumstances beyond Carviseta’s control makes it necessary to do so. To the extent permitted by law, the Competition Winner will be responsible for any and all taxes incurred in relation to receipt of the Prize.
Participation in a Competition does not automatically mean that the Entrant has won the Prize. A winning entry (the “Competition Winner”) will be chosen by random draw (performed by a computer process or supervised by an independent third party) or by a panel of individuals adjudicating the entries. Reasonable efforts will made to contact the Competition Winner but if the Competition Winner cannot be contacted or fails to reply to Carviseta’s communication within the communicated timeframe, Carviseta reserves the right to offer the prize to the next eligible Entrant. Carviseta will not be liable if the Prize does not reach the Competition Winner for reasons beyond Carviseta’s reasonable control.
Without prejudice to the “Disclaimers; Limitation of Liability; Indemnity” section, neither Carviseta nor any Affiliates or Partners involved in a Competition will accept responsibility or liability for any errors, omissions, interruptions, deletion, or unauthorized access to Competition entries, or entries lost or delayed whether or not arising as a result of server functions, virus, bugs, or other causes outside Carviseta’s, an Affiliate’s and/or a Partner’s control. IN NO EVENT SHALL CARVISETA’S AND/OR AN AFFILIATE’S AND/OR A PARTNER’S TOTAL LIABILITY TO ANY ENTRANT FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION IN CONNECTION WITH ANY COMPETITION OR ANY MATERIAL PUBLISHED IN RELATION TO A COMPETITION EXCEED THE MONETARY VALUE OF THE PRIZE.
Carviseta reserves the right to cancel or amend the Competition and any associated terms and conditions. Any changes will be notified to the Entrants as soon as reasonably practical. If these terms do not, or do not clearly, cater for a solution to any matter which may arise, then Carviseta shall have the sole discretion to decide finally on any such matter. Carviseta’s decisions on any aspect of the Competition is final and binding and no correspondence will be entered into about it.
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 Carviseta Platform or Services (collectively, “Disputes”) will be settled by binding arbitration between you and any relevant Affiliate in your jurisdiction, or between you and Carviseta 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 Carviseta 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 Carviseta and/or any of its Affiliates.
Arbitration Process and Rules
Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Carviseta Platform or this Agreement, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules’ Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be in the city in which the applicable Affiliate with which you have a Dispute has its registered office. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
Choice of Law.
This Agreement is governed by and construed in accordance with the laws of the jurisdiction in which the relevant Affiliate is incorporated, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
Claims of Copyright Infringement
Claims of copyright infringement should be sent to Carviseta at Support@Carviseta.com.
Carviseta may give notice by means of a general notice on the Carviseta Platform, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Carviseta by written communication to Carviseta’s email address at legal@Carviseta.com.
You may not assign or transfer your rights under this Agreement in whole or in part without Carviseta’s prior written approval. You give your approval to Carviseta for it to assign or transfer its rights and obligations under this Agreement in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Carviseta’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Carviseta or any ENGINEER as a result of the contract between you and Carviseta or use of the Carviseta Platform.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement but the legality, validity and enforceability of the other provisions in this Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of this Agreement. This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.