- ACCEPTANCE OF TERMS AND CONDITIONS OF USE
By downloading, browsing, accessing or using the SERVICES (each a “use” of our services), you accept and agree to be bound by these Terms AS ARE IN EFFECT AT THE TIME OF YOUR USE. By your affirmative act of clicking the acceptance button, accessing, downloading and/or using the Services, you are irrevocably and unconditionally confirming that you:
- (A) understand these Terms;
- (B) consent to these Terms; and
- (C) agree to be bound and abide by these Terms.
If you disagree with any of these Terms, you must immediately discontinue your access to AND USE OF the SERVICES. Continued use of the Services will constitute acceptance of these Terms in their entirety, as may be amended from time to time. If we make material changes to these Terms, we will send an email message to the email address you have most recently provided, will post a notice of the changes to the Terms, and will update the Terms on our website. You are bound by any changes to these Terms, whether or not you receive actual notice of the changes.
In these Terms, the following capitalized terms shall have the following meanings, except where the context otherwise requires:
- “Account”means an account created by a User on the Consumer Services as part of Registration.
- “Business User”means any User of the Services registering an Account with a corporate ID under the Business Registration feature.
- “Consumer User”means any User of the Mobile Application registering an Account as an individual consumer (not an enterprise or business) under the Consumer Registration feature.
- “Customer”a company, business, or other legal entity that entered into an account to provide Business User Accounts to its designated Business Users.
- “Free Consumer Services” means Services that are provided by Privacy4Cars without a charge or fee to the User.
- “Guest User”means any User of the Consumer Services that uses the Services without registering an account or logging into the Consumer Services with an Account.
- “Info Wipe”means a single-instance search and selection of applicable vehicle make and model instructions to enable the removal of personal information on a particular vehicle.
- “Merchant”refers to any entity whose products or Samples can be purchased and/or redeemed (as the case may be) via the Mobile Application.
- “Redeem”means to redeem a Merchant’s products or Samples on these Terms.
- “Redemption” means the act of redeeming such products or Samples.
- “Register”means to create an Account on the Consumer Services.
- “Registration”means the act of creating such an Account.
- “Samples”means samples of Merchant’s products and/or Merchant’s services, including without limitation, any vouchers for the redemption of such services, and “Sample” means any one of them.
- “Services”means all the services provided by Privacy4Cars to Users, and “Service” means any one of those Services.
- “User” or “Users”means any Business User, Consumer User, or Guest User of the Service, including you, and “User” means any one of them.
- GENERAL ISSUES ABOUT THE MOBILE APPLICATION AND THE SERVICES
- (A) Applicability of the Terms
The use of any Services are subject to these Terms. These Terms only apply to information we collect via the Services, all information collected by us in connection with the Services, and all communications by us whether in email, text or other format relating to the Services. These Terms DO NOT apply to information that:
- We collect offline or through any other websites, portals, or applications not controlled by Privacy4Cars;
- You provide to, or that is collected by any third party; or that
- Originates from any other sources.
- (B) Eligibility
All Services are intended for Users who are 18 years of age or older. If you are under the age of 18, you may only use the Services in conjunction with your parents or legal guardian or with the consent of your parents or legal guardian. By using the Services you represent and warrant that you are 18 years of age or older or meet all of the foregoing eligibility requirements. You further represent that you are of legal age in the jurisdiction in which you live to enter into a legally binding contract with Privacy4Cars. If you do not meet all of these requirements, you must not access or use any of the Services.
We reserve the right, at our discretion, to update, change, modify, add, or remove portions of these Terms at any time in order to conform them to our business practices. All changes are effective immediately when we post them, and apply to all use of the Services thereafter. Your continued use of the Services thereafter constitutes your acceptance of such changes.
We reserve the right, at our sole discretion and for no reason, to prevent you using the Services (or any part of them), including if, in our opinion, you have violated any provisions of these Terms.
- (F) Equipment and Networks
The provision of the Services does not include the provision of a mobile telephone or handheld device or other necessary equipment to use the Services. To use the Services, you will require Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the Services. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Services or any such third party charges as may arise. You accept responsibility for any such charges that arise.
- (G) Permission to use Consumer Services
If you are not the bill payer for the mobile telephone or handheld device being used to access the Services, you will be assumed to have received permission from the bill payer for using the Services. You are responsible for all charges incurred by your use of the Services, including purchases made through the Services.
- ACCESSING THE CONSUMER SERVICES AND ACCOUNT SECURITY
We reserve the right to withdraw or amend the Services, as well as any product, service or material we provide on or via the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services or any product, service or materials provided on or via the Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Services, to users, including registered Users.
Guest Users may be permitted to use the Mobile Application without registering an account (a Free Consumer Service). Guest User Accounts are limited to two (2) uses of the Mobile Application to obtain the relevant information for a make and model of a vehicle. At the expiration of the five complimentary uses of the Mobile Application, Guest Users must either register an Account or discontinue use of the Mobile Application. You are responsible for any actions you take on the Mobile Application while a Guest User.
Consumer Users may register an Account to use the Mobile Application (a Free Consumer Service). If you register a Consumer User Account, you are responsible for protecting the security of your Account, and you must not disclose your Account information, including password, to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to your Account using your login credentials. You agree to notify us immediately of any unauthorized access to or use of your login credentials, including password, or any other breach of security. You should use particular caution when accessing your Account from a public or shared device so that others are not able to view or record your password or other personal information. Notwithstanding the foregoing, you may enable sharing of a Consumer User Account with up to six (6) devices, and any other Users of the Mobile Application via your Consumer User Account shall be bound by these Terms, including the conditions of this Clause 4.
If you are an approved Business User of a Privacy4Cars Customer, you may register a Business User Account. Your Business User Account is personal to you, and you are responsible for protecting the security of your Account. You must not disclose your Account information, including password, to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to your Account using your login credentials. You agree to notify us immediately of any unauthorized access to or use of your login credentials, including password, or any other breach of security. You should use particular caution when accessing your Account from a public or shared device so that others are not able to view or record your password or other personal information.
You acknowledge and agree that you may only access the Services through your Business User Account and that under no circumstances are you permitted to access the Services as a Guest User or Consumer User. If you are a Business User and access the Services as either a Guest User or Consumer User, including using any complementary Info Wipes permitted to Users of such Accounts, you acknowledge and agree that you are in breach of these Terms, and Privacy4Cars may suspend or terminate your access to the Services. Privacy4Cars also reserves the right, in its sole discretion, to report your breach of the Terms to the Customer to which your Business User Account is tied.
Furthermore, you agree to be bound by any additional considerations or limitations imposed on your use of the Services by any additional or subsequent agreements between Privacy4Cars and the Customer to which your Business User Account is tied.
Any Customer is responsible for any employees’, contractors’, agents’, or other approved Business Users’ compliance with these Terms and behavior while using the Services. Employee violation of these Terms may result, at Privacy4Cars sole discretion and without warning, in the suspension of an employee’s Business User Account or the termination of any agreements between Privacy4Cars and the Customer.
- SAFETY OBLIGATIONS
When using the Mobile Application or Services, you agree:
- (A) to safely operate your vehicle at all times while moving;
- (B) to maintain your hands on the wheel and not to look at the display screen nor use the buttons of the Mobile Application (or any other interactive Service) while driving;
- (C) not to read, access, open or otherwise acknowledge any notifications from the C Mobile Application (or any other interactive Service) that you may receive while driving;
- (D) not to mount your mobile device on the windshield or windows of your vehicle if such actions are restricted or illegal in the state or country in which you intend to use the Mobile Application (or any other interactive Service); and
- (E) to follow all applicable local laws while operating your vehicle.
You acknowledge and agree that you are responsible at all times for the safe and legal operation of your vehicle, and that Privacy4Cars is in no way liable for any for your operation of your vehicle or your use of the Mobile Application (or any other interactive Service).
- DATA PROTECTION AND PRIVACY
We are not responsible for the acts of third parties who may access the Mobile Application and information through your mobile device. You should use all security features of your mobile device, including any password, locking, or encryption features, to protect against unauthorized access and use of the Mobile Application or other Services and your information.
- INTELLECTUAL PROPERTY
All content, including but not limited to information, data, graphics, logos, trademarks, messages, photographs, the HTML code that Privacy4Cars creates to generate the Mobile Application, User Content (as defined in Section 11), or other materials (collectively, “Content”) included on this website relating to the Services, is the property of Privacy4Cars or content providers of Privacy4Cars and is protected by copyright law and other intellectual property laws. You may not produce, publish, transmit, distribute, display, modify, create derivative works from, or exploit in any way, in whole or in part, any of Content of this site or any related software without the prior written consent of Privacy4Cars or as authorized under these Terms and Conditions.
Nothing contained on or within the Mobile Application or other Services should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Consumer Services without our written permission. Misuse of any trademarks or any other Content displayed on the Consumer Services is prohibited.
We will not hesitate to take legal action against any unauthorized usage of our trademarks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved.
Certain products, services or company designations for companies other than Privacy4Cars may be mentioned or displayed on the Mobile Application or Services for identification purposes only. Third-party trademarks, trade names, logos, product or services names contained on the Mobile Application or other Services are the trademarks, registered or unregistered, of their respective owners.
- (A) Guest User and Consumer Users
We grant you a non-commercial, non-exclusive, non-transferable, limited, revocable license to use the Mobile Application solely with your mobile device, within the United States, subject to your compliance with these Terms. The use of these Services is licensed, not sold, to you, and is solely for your personal use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material used or associated with the Consumer Services.
If you are the employee of a Customer and have been granted access to a Business User Account, we grant the Customer with which you are employed a non-exclusive, non-transferable, limited, revocable license to use the Mobile Application and certain other Services (as set forth in any contract or agreement between us) within the United States, subject to Customer’s compliance with these Terms. The use of the Mobile Application and other Services is licensed, not sold, to Customer, solely for use in compliance with these Terms and any applicable agreements between Privacy4Cars and Customer.
Under the terms of the limited license granted in this Clause 7(B), Customer has granted you permission to use the Mobile Application and other Services as a Business User in compliance with these Terms and solely for the benefit of Customer. You may not use the Mobile Application or other Services for commercial purposes outside of those expressly granted to Customer and of which you are permitted to engage as a Business User in any agreement between Customer and Privacy4Cars.
Except as may be expressly permitted in these Terms, the foregoing license does not include any right:
- (A) of resale or commercial use of the Mobile Application, other Services or their Content;
- (B) to copy the Mobile Application or other Services or download, harvest, scrape, duplicate, remove, or otherwise copy any Content on or from the Mobile Application or Services;
- (C) to modify, translate, adapt, or otherwise create derivate works or improvements (whether or not patentable) of the Mobile Application, other Services or their Content;
- (D) download or copy Account information for the benefit of another Customer, company, or legal entity; or
- (E) to use any Content from the Mobile Application or other Services to create or develop any similar or competing goods, services, or offerings.
Customers and Users must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Mobile Application or other Services. These Terms and the notices outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any third party.
- CONSUMER USER PURCHASES
Prior to making any purchases of additional Services or Info Wipes via the Mobile Application (“Purchases”), you will need to register a Consumer User Account. By making any Purchases, you acknowledge that the Purchase is subject to these Terms. Any attempted Purchase not consistent with these Terms may be disallowed or rendered void at our or the relevant Merchant’s sole discretion.
If you make any Purchases via the Mobile Application, you agree to be responsible for and to pay any applicable fees and taxes. Failure to pay any applicable fees will result in termination of your Services. You agree that your Purchases, and your payment obligations for such Purchases, are not contingent on the delivery of any future functionality or features, or any public comments made by Privacy4Cars regarding any future functionality or features.
Any purchases you make via the Mobile Application are processed through your Google Play or iTunes account and any such transactions are subject to the privacy and security practices of Google or Apple, respectively. Privacy4Cars is not responsible for the safety, security, protection, or privacy of your payment information stored and processed by Google or Apple.
- CONSUMER SUBSCRIPTION PURCHASES
Privacy4Cars offers a Consumer Subscription plan which allows users to purchase three (3) Info Wipes each calendar month at a cost of $1.99 per month during which the Subscription plan is in effect. If you choose to purchase a Subscription plan for Privacy4Cars, you agree to automatic billing of the Subscription plan fees to your Google Play or iTunes account as described below:
Your Google Play or iTunes account will be charged $1.99 upon purchase of the Subscription plan.
Your Google Play or iTunes account will be charged $1.99 within 24-hours prior to the end of the then current subscription period until termination of your Subscription plan.
Your Subscription period runs from your date of purchase and any renewals of your Subscription, including any fees or payment, will be processed in accordance with the renewal and payment terms established by the mobile store (Google Play or iTunes) through which you purchased the Consumer Services.
At the end of each Subscription Period, your Subscription will automatically renew under the same conditions unless auto-renew is turned off at least 24-hours before the end of the current Subscription period or we cancel your Subscription plan. Auto renewal may be turned off at any time by going to your Account Settings in each respective store after purchase.
- (E) Expiration of Info Wipes
For each month in which your Subscription plan remains active, you will receive three (3) Info Wipes, which must be used during the then current Subscription period.
We, in our sole discretion and at any time, may modify the Subscription plan. Any such changes will become effective at the end of the then-current Subscription period. We will provide you with a reasonable prior notice of any change in applicable fees to give you an opportunity to terminate your Subscription plan before such change becomes effective. Your continued use of the Mobile Application or any other Services after the fee change comes into effect constitutes your agreement to pay the modified fee amount.
By purchasing a Subscription plan, you automatically authorize us to charge all Subscription plan fees incurred through your Account as described above. Should automatic billing fail to occur for any reason, we may suspend or terminate your Account, at our sole discretion, until your Subscription plan is paid or canceled.
- YOUR OBLIGATIONS
You agree to (and shall) abide by the terms and conditions of the relevant Merchant for which your Redemption relates to, as may be amended from time to time.
- (B) Content on the Consumer Services and Service
It is your responsibility to ensure that any products, Samples or information available through the Mobile Application or other Services meet your specific requirements before making any Redemption.
Under no circumstances may you copy the Mobile Application or any other Services, or download, harvest, scrape, duplicate, remove or otherwise copy any Content on or from the Mobile Application or other Services to create or develop any similar or competing goods, services, or offerings. Except as permitted by these Terms, you may not use the Mobile Application or other Services for any commercial purposes.
Without limitation, you undertake not to use or permit anyone else to use the Mobile Application or Services:
- to send or receive any material which is not civil or tasteful;
- to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
- to send or receive any material for which you have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
- to use any robot, spider, “scraper,” “crawler,” or other automatic device, process, or means to access the Mobile Application or other Services for any purpose, including monitoring or copying any of the material on the Mobile Application or other Services;
- to use any manual process to monitor or copy any of the material on the Mobile Application or other Services or for any other unauthorized purpose without our prior written consent;
- to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
- to cause annoyance, inconvenience or needless anxiety;
- to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
- for any purpose other than which we have designed them or intended them to be used;
- for any fraudulent purpose;
- other than in conformance with accepted Internet practices and practices of any connected networks;
- in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity; or
- in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure.
Without limitation, you further undertake not to or permit anyone else to:
- furnish false data including false names, addresses and contact details and fraudulently use credit/debit card numbers;
- attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorized to access, or probe the security of other networks (such as running a port scan);
- use or attempt to use the Content of or your access to the Mobile Application or other Services to download, copy, modify, or reproduce the Mobile Application or other Services to create a similar or the same product for commercial use or otherwise for commercial purposes, excepted as permitted by these Terms;
- execute any form of network monitoring which will intercept data not intended for you;
- attack the Mobile Application or other Services via a denial-of-service attack or a distributed denial-of-service attack;
- enter into fraudulent interactions or transactions with us or a Merchant (including interacting or transacting purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
- extract data from or hack into the Mobile Application or other Services;
- use the Mobile Application or other Services in breach of these Terms;
- engage in any unlawful activity in connection with the use of the Mobile Application or other Services; or
- engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Mobile Application or other Services.
No right, title, or interest in or to the Mobile Application or other Services or any information on the Mobile Application or other Services are transferred to you, and Privacy4Cars reserves all rights not expressly granted in these Terms. Any use of the Mobile Application or other Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
- USER CONTRIBUTIONS
The Mobile Application or other Services may contain content or materials provided by Users of the Mobile Application or other Services (collectively, “User Content”). All User Content must comply with Clause 12 (User Contribution Content Standards) set out in these Terms.
By submitting User Content to us, you hereby irrevocably convey, transfer, and assign to Privacy4Cars all right, title, and interest in your User Content. You waive any and all of your rights to any User Content you submit, post or display on or through the Service.
You represent and warrant that (1) the User Content is yours (you own it) or you have the right to use it and assign to us the rights and ownership provided in these Terms; (2) the submission of your User Content does not violate the privacy rights, publicity rights, copyrights or other intellectual property rights, contract rights or any other rights of any person; and (3) all of your User Content does and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Privacy4Cars, have full responsibility for such User Content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the User Content or accuracy of any User Content posted by you or any other user of the Mobile Application or other Services.
- USER CONTRIBUTION CONTENT STANDARDS
Any User Content you submit must comply with all applicable laws and regulations and must not:
- CONTAIN ANY MATERIAL WHICH IS DEFAMATORY, VIOLENT, HATEFUL, OR PROMOTE SEXUALLY EXPLICIT OR PORNOGRAPHIC MATERIAL, VIOLENCE, OR DISCRIMINATION;
- INFRINGE ANY PATENT, TRADEMARK, TRADE SECRET, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY OTHER PERSON;
- IMPERSONATE ANY PERSON, OR MISREPRESENT YOUR IDENTITY OR AFFILIATION WITH ANY PERSON OR ORGANIZATION OR OTHERWISE BE LIKELY TO DECEIVE ANY PERSON;
- PROMOTE ANY ILLEGAL ACTIVITY, OR ADVOCATE, PROMOTE OR ASSIST ANY UNLAWFUL ACT; OR
- GIVE THE IMPRESSION THAT THEY EMANATE FROM OR ARE ENDORSED BY US OR ANY OTHER PERSON OR ENTITY, IF THIS IS NOT THE CASE.
Privacy4Cars Rights and Obligations
We make no guarantees and do not represent or warrant that the Content available via the Mobile Application or Services is 100% accurate or up-to-date. The Content available in the Consumer Services and Services are derived by aggregating information from multiple third-party sources and are only as accurate as the information provided by these third-party sources. We make no guarantees and do not represent or warrant that we will update the Content of the Mobile Application or Services as the information available from third parties is changed or updated.
We will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the Consumer Services will be free of faults, and we do not accept liability for any such faults, errors or omissions.
In the event of any such error, fault or omission, you should report it by contacting us at: Info@Privacy4Cars.com.
- (B) No Warranty or Guarantee
We do not warrant that:
- your use of the Services or the Mobile Application or any other Services will be uninterrupted;
- any information (or messages) transmitted via the Mobile Application or any other Services will be transmitted accurately, reliably, in a timely manner or at all;
- the Mobile Application and other Services are free or will always be accessible, uninterrupted, timely, secure, error free or free from viruses or anything else which may have a harmful effect on any technology; or
- the Mobile Application and other Services will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
All Free Customer Services are provided on an “advisory only” basis to assist you in evaluating data and making decisions concerning your vehicle and related privacy issues. It is the User’s responsibility to evaluate the accuracy, completeness and usefulness of all information and services provided in connection with or relating to the Free Consumer Services.
We do not guarantee that by following the steps provided in the Mobile Application or other Services that you will successfully, completely, and irrevocably delete your personal information from a vehicle. We are not responsible for your failure to delete your personal information from a vehicle, including but not limited to (1) inaccurate or obsolete Content provided via the Mobile Application or other Services; (2) interruptions in or unavailability of the Mobile Application or other Services; (3) interruptions in or unavailability of your device to connect to a cellular network or internet connection; (4) failures or malfunctions in the vehicles system(s); or (5) improper, incorrect, or incomplete completion of the steps provided for Info Wipes in the Mobile Application or other Services. The Mobile Application and all other Services, including all information available through the Mobile Application and other Services, and use of all related facilities, are provided on an “as is, as available” basis without any warranties whether express or implied.
Privacy4Cars DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY AS TO THE MOBILE APPLICATION AND OTHER SERVICES, THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MOBILE APPLICATION OR ANY OTHER SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT, INFORMATION OR MATERIALS PROVIDED IN CONNECTION WITH THE MOBILE APPLICATION OR ANY OTHER SERVICES, AND ALL SUCH EXPRESS OR IMPLIED WARRANTIES (INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED AND EXCLUDED TO THE FULLEST EXTENT ALLOWED BY LAW. UNDER NO CIRCUMSTANCES WILL Privacy4Cars HAVE ANY LEGAL DUTY OR LIABILITY OF ANY NATURE OR KIND WHATSOEVER WITH RESPECT TO THE MOBILE APPLICATION OR ANY other SERVICES, AND ALL DUTIES, CLAIMS, DAMAGES OR LIABILITIES OF ANY NATURE OR KIND WHATSOEVER (INCLUDING BUT NOT LIMITED TO CLAIMS FOR ANY PERSONAL, PECUNIARY OR FINANCIAL LOSS, WHETHER BASED ON AN ALLEGATION OF BREACH OF CONTRACT, NEGLIGENCE, STATUTORY VIOLATION, OR ANY OTHER THEORY), EXPRESS OR IMPLIED, RELATING TO THE FREE CONSUMER SERVICES, ARE FULLY DISCLAIMED AND EXCLUDED.
Notwithstanding that we will try to allow uninterrupted access to the Mobile Application and any other Services, access to the Mobile Application and/or other Services may be suspended, restricted or terminated at any time.
- (C) Changes to Mobile Application and other Services
We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Mobile Application or other Services from time to time. Your access to the Consumer Application or other Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services at any time.
- (D) Monitoring, Disclosure to Law Enforcement and Enforcement
We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms. We have the right to (but not the obligation to):
- Remove or refuse to post any Content for any or no reason in our sole discretion;
- Notwithstanding anything else to the contrary on the Mobile application or other Services, disclose your identity or other information about you to any third party who claims that material submitted by you violates their rights, including their intellectual property rights or their right to privacy;
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Mobile Application or other Services; and/or
- Terminate or suspend your access to all or part of the Mobile Application or other Services for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, location or other information of anyone posting any materials on or through the Services, or who is otherwise in breach of these Terms. YOU WAIVE AND HOLD HARMLESS PRIVACY4CARS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
- SUSPENSION AND TERMINATION
If you use (or anyone other than you, with your permission uses) the Mobile Application or other Services in contravention of these Terms, we may suspend your use of the Mobile Application or other Services. If we suspend your use of the Mobile Application or other Services, we may refuse to restore the those Services for your use permanently or until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms.
Without limitation to anything else in this Clause 14, we shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Mobile Application or other Services; (b) suspend your use of the Mobile Application or other Services; and/or (c) suspend the use of the Mobile Application or other Services for persons we believe to be connected (in whatever manner) to you, if:
- (A) You commit any breach of these Terms;
- (B) We suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms;
- (C) We suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person; or
- (D) Our rights under this Clause 14 shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
- COPYRIGHT INFRINGEMENT
If you believe that any User Content violates your copyright, please contact us at Info@privacy4cars.com.
- Other Terms and Conditions
Additional terms and conditions may also apply to specific portions, services or features of the Mobile Application or other Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms. In the event of a conflict between these Terms and any other terms incorporated by reference, these Terms shall prevail.
- Other Third-Party Services
Your use of the Mobile Application and other Services may involve services made available to you by third parties. The use of such services or functionalities may be subject to additional terms and conditions and/or privacy policies provided by such third parties, and we have no control over such terms and conditions. By using the Mobile Application or any other Services, you acknowledge that your use of such third-party services is subject to the terms and conditions and/or privacy policies for such third parties, over which we have no control.
- Electronic Communications
When you send emails or other electronic messages to us or in connection with the Mobile Application or other Services, you are communicating with us electronically and consent to our review and analysis of such messages and to receive return communications, if any, from us electronically, including via SMS text message. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Third-Party Outlets
When you access and use the Mobile Application or other Services from your mobile device, you agree that:
- (A) The Mobile Application and any other Services are made available to you via third parties, including Apple, Inc.’s “App Store” or Google, Inc.’s “Google Play” store (collectively, the “Third-Party Outlets”).
- (B) These Terms are between you and Privacy4Cars only. Third-Party Outlets have no obligations to you or responsibility for the Mobile Application and other Services, including without limitation, any obligation to furnish any maintenance and support services for the Mobile Application or other Services. We are responsible for addressing any claims of any user or any third party relating to the Mobile Application and other Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Consumer Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- (C) The Third-Party Outlets and their subsidiaries are third-party beneficiaries of these Terms and that each Third-Party Outlet will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
- DISCLAIMER AND EXCLUSION OF LIABILITY
The Content presented on or through the Mobile Application or other Services is made available solely for general information purposes. While we may use reasonable efforts to include accurate and up-to-date information on the Mobile Application and other Services, we make no warranties or representations as to its accuracy, timeliness or completeness. Any reliance you place on the Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such Content by you or any other visitor to the Mobile Application or other Services, or by anyone who may be informed of any of their contents.
To the extent the Mobile Application or other Services may contain information, materials and content provided by a third party, all statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the Content provided by Privacy4Cars, are solely the opinions and the responsibility of the third party providing those materials. These materials do not necessarily reflect the opinion of Privacy4Cars. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
In no event will Privacy4Cars be liable for any decision made or action taken in reliance upon the information provided through the Mobile Application or other Services.
- (B) Limitation of Liability
IN NO EVENT WILL PRIVACY4CARS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LiaBLE FOR CLAIMS OR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH the mobile application and other services (INCLUDING YOUR ACCESS TO, USE OF OR INABILITY TO USE THE SERVICES, YOUR RELIANCE ON ANY OF THE SERVICES, OR ANY DELAYS OR INACCURACIES IN ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICES), or for any acts or omissions of third-parties, HOWSOEVER CAUSED, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS OR PROFITS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. For the purposes of these Terms, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
The above exclusions and limitations apply to the fullest extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected. However, if any of these Terms conflict with your statutory rights, those statutory rights shall apply to the minimal extent possible and all remaining Terms shall remain in effect and be fully enforceable.
Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Mobile Application and other Services, or electronic mail transmitted to and from us, will not be monitored or read by others.
You agree to indemnify and keep indemnified Privacy4Cars, its affiliates, licensors, and service providers, and it and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any investigation, claim, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) (together referred to as a “Claim”) arising out of or relating to (a) your use of the Services; (b) any other party’s use of the Services using your Account, verification PIN and/or any identifier number allocated by Privacy4Cars; (c) any breach of your representations and warranties as set forth herein; (d) any claim that any User Content you provide violates any applicable laws or regulations or any rights of any other person or entity, including without limitation, any intellectual property rights; (e) your breach of any of these Terms; or (f) your gross negligence or willful misconduct. Privacy4Cars retains the right to retain counsel of its own choosing with respect to any Claim (for which it is entitled to reimbursement for all such attorney’s fees and expenses), and to solely and independently: (i) determine and direct the defense or response to any such claim, and (ii) decide whether or not to litigate or settle any Claim. This indemnity obligation shall be fully enforceable notwithstanding any allegation, claim or determination that we were negligent, breached any duty, or were otherwise at fault with respect to any Claim.
We may periodically make changes to the Content of the Consumer Services, including to the descriptions and prices of goods and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the Content of the Consumer Services.
- APPLICABLE LAW AND JURISDICTION
All matters relating to these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Waiver and Severability
No waiver by Privacy4Cars of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Privacy4Cars to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be, in the first instance, reformed or limited to the minimum extent such that the relevant provision is enforceable, and the remaining provisions of these Terms will continue in full force and effect. If such reformation or limitation cannot cure the deficiency of such provision, it shall be eliminated from these Terms and the remaining provisions of these Terms will continue in full force and effect.
- Entire Agreement
- CONTACT US
For further information or to contact us with questions, concerns, or comments, you may email us at Info@Privacy4Cars.com. Although Privacy4Cars will, in most circumstances, be able to receive your email, Privacy4Cars does not guarantee that it will receive all such email or other information timely and accurately. Privacy4Cars shall not be legally obligated to read, act on, or respond to any such email or other information.
630 Kennesaw Due West Rd
Kennesaw GA 30154