ENZOCAR.COM Terms & Conditions
1. GENERAL
1.1 Enzocar.com is the Internet website www.enzocar.com (the “Website”) and an Application. (The “App”) (The Website and the App are collectively referred to as the “Platform”).1.2 By accessing and using the Platform, you are expressly consenting to terms and conditions outlined on this page that are effective as of the date and time you use or access the Platform (the “Terms”). Please read the Terms carefully before accessing or using the information and services available through this Platform. In case of the User’s disagreement with any provision of this Agreement, the User shall not use the Platform.1.3 The Company reserves the right to change this Agreement at any time and in its sole discretion and with no prior notice. A new version of this Agreement shall come into effect when posted on the Site. A notice on any changes to this Agreement shall be sent to the e-mail address specified by the User during the registration process in the Service. By continuing to use the Service, the User confirms his acceptance of the revised Agreement and all of the terms incorporated therein by reference. The Company encourages the Users to review the Agreement frequently to ensure that the User understands the terms and conditions that apply when he uses the Service. If the User does not agree to the revised Agreement, the User shall stop to use the Service.1.4 In this Agreement, the following terms shall have the following meanings: «Acceptance» means the acceptance by a User of an Offer sent by the Vehicle Owner to the User through the Service; «Service Database» means the database containing information about Vehicles and Vehicle Owners, organized on the Site and mobile application ENZOCAR.COM, which is a part of the Service; «Vehicle Rent Agreement» has the meaning given to it in section 2.2 hereof; «Request» means a User's request sent with the use of the Service to search for a Vehicle Owner for specific Rent; «Application» means a form posted on the Site and filled by the User at registration on the Site; «Company» has the meaning given to it in section 1.1 hereof; «Personal Account» means a closed section of the Service accessible only by its owner (User) and containing the information about the User, service settings, history of Requests accomplished using the Service, the information on Requests, etc. The Personal Account is also used for communication between the User, Vehicle Owner and the Company; «Offer» means an offer of the Vehicle Owner to provide a vehicle with the indication of certain terms, which is sent by the Vehicle Owner via the Service; «Vehicle» means a car or micro- and electric transport, etc; «Vehicle Owner» means a legal entity, an individual entrepreneur or an individual registered in the Service and intending to provide a for rent to Users via the Service; «User» has the meaning given to it in section 1.1 hereof; «Site» has the meaning given to it in section 1.1 hereof; «Service» means the Company’s software which enables the Vehicle Owners to post information about the Vehicles for rent, distributes information about the received Users' Requests to the Vehicle Owners and allows the Vehicle Owners to send Offers to the Users and the Users to accept such Offers; «No Show Event» is a situation when a User and the Vehicle Owner have entered into the Vehicle Rent Agreement through the Service, but (i) the Vehicle Owner did not appear at an agreed place for the Rent at the start time of the Rent, or (ii) the Vehicle Owner did not provide the Vehicle in the agreed place of its handover at the agreed time, or (iii) the Vehicle Owner supplied the Vehicle which does not comply with the terms of the Rent Agreement as they were agreed with the User, or (iv) the User paid 15% of the Rent Price did not appear at an agreed place for the Rent at the start time of the Rent nor within 1 hour after such agreed start time of the Rent; «Parties» has the meaning given to it in section 1.1 hereof; «Rent» is a single service of vehicle provision for temporary use by the Vehicle Owner to the User that can be described by a minimum set of specific terms: the starting time, the places where the service starts and ends and the price; «Rent Price» is the price indicated in the Offer for the Rent of a certain Vehicle and the additional services related to such Rent.2. DESCRIPTION OF SERVICE
2.1 The Service allow the User to rent a Vehicle chosen from the Service Database under the terms agreed by the User and the Vehicle Owner. The User may send a Request to the Vehicle Owner on his own terms or expressly agree the terms offered by the Vehicle Owner for a certain Vehicle. The User is hereby granted a limited, non-exclusive, non-sublicenRsable, revocable, non-Rentable license to: (i) access and use the respective intellectual property solely in connection with his use of the Service; and (ii) access and use any content, information and related materials that may be made available through the Service, in each case solely for the User’s personal, non- commercial use. Any rights not expressly granted herein are reserved by the Company. (D) There may exist certain technical limitations and restrictions on the Service, which can lead to the inaccessibility of the Service or delays in the transmission of communication at a particular time due to some reasons beyond the Company’s control. (E) The User enters into this Agreement at its sole risk and understanding that the Service and any information provided to the User are provided “as is” and “as available”. (F) The relations between the User and the Company during the use of the Service fall exclusively within the Agreement contained herein. Nothing shall be presumed to indicate that the Company and the User have entered into or have agreed to enter into any other contract or have any rights and obligations before each other within any other agreement. (G) For granting the license specified in subpar. (C)2.2 In order to start using the Service and getting access to the Service Database the User shall register and pass the authorization process on the Web-site as a client. You may use the Service as a client only if you are aged 18+ and have an actual driving license. In order to receive the Rent offers and minimizing the risk of refusal for Rent from the Vehicle Owners we recommend the User to upload the copy of his/her driving license to the Personal Account.2.2.1 The User may send the Requests for the Rent for his/her own usage. In case of conclusion the Rent Agreement in favor of the additional client via the Service the User remains fully liable under such Rent Agreement.2.3 The User acknowledges and agrees that: (А) The User’s ability to obtain the Vehicles for rent from the Vehicle Owners via the Service does not establish the Company as a provider of the Rent or as a Vehicle Owner for a specific Rent. When the User finds an appropriate vehicle and choses the options of the specific Rent and pays the price of the Rent, he shall be deemed to have entered into a Vehicle Rent Agreement with the Vehicle Owner but not with the Company. (B) Due to the nature of the Service provided under this Agreement, the liability of the Company is limited to an obligation to accurately transmit the information from the Vehicle Owner to the User through the Service as well as to transfer the Rent Price in the amount received from the User to the Vehicle Owner. The Company shall not be liable for the credibility of the information passed as well as for the due and in good faith performance of the Vehicle Owner’s obligations within any agreements between the Vehicle Owner and the User. The Company bears no responsibility for any losses including the loss of gains and physical losses and damages caused by the Service, or in any way determined by the use of the Service. (C) The Service, the software used for the provision of the Service and other content of the Site through which the Service are available (including but not limited to the, ENZOCAR.COM logo and other logos and registered trademarks) are protected by the Company’s or third parties’ intellectual property rights.3. PAYMENTS
3.1 We provide an online Platform (which refers to this website, mobile app, etc.) where we promote third-party/merchant businesses on our Platform. In order to make a purchase you need to register on the Platform using a valid email address and password. We are not the Car Provider; we provide a venue/platform for Car Providers and you to negotiate and complete transactions. This means that in addition to this Agreement, you will have other contractual relationships with different legal entities when you interact with the Site. ENZOCAR.COM makes no warranty about the standard or quality of any product and/or service. We base our promotional material on information provided by the Agent / Seller / Third Party / Supplier / Merchant and affiliates. The payment will be collected by Car Provider following their own Car Rental Agreement. In case where you wish to cancel a booking, it is mandatory for you to notify us at least before 24 (twenty four) hours of the scheduled time.3.2 For the listed ads, we are also not a car rental / sales agency / limousine company and we provide a service whereby agents may market and you may view car details ('Details') together with other content hosted and developed by us. You are responsible for making your own enquiries/purchases and we provide no guarantee and accept no responsibility for the accuracy or completeness of any information contained within the details.3.3 You are responsible for checking, confirming and satisfying yourself as the final customer You are responsible for instructing a surveyor and obtaining legal advice before you do any transaction on our site You are responsible for ensuring that you act in good faith towards any other accuracy of any details committing to any businesses.3.4 The User notes and agrees that the Vehicle Owner may request a security deposit and/or the compensation for the insurance coverage in addition to the Rent Price. The security deposit and/or the insurance coverage shall be indicated separately in the Offer and shall not make part of the Rent Price.3.4.1 The security deposit shall be reimbursed in full to the User by Vehicle Owner, unless any of the following takes place with the User within the term of Rent: (A) road Traffic offences (fines); (B) road accidents; (C) delay of the Vehicle return; (D) exceeded limit distance run; or (E) in any other cases stipulated in the Offer or additionally by the Vehicle Owner. The amount of the security deposit shall be transferred by the User directly to the Vehicle Owner in a manner specified by the latter.3.4.2 The compensation of the basic and additional insurance coverage amounts (as specified in the Offer) are not refundable after the end of the Rent, and are aimed to compensate the costs for the extended coverage for the Vehicle non-owner liability insurance. The amount of the insurance coverage shall be transferred by the User together with the Rent Price.3.5 The User agrees that the Company has the right to add to any amounts payable via the Service any processing fees and charges of the payment systems, which are due under the relevant agreements between the Company and its banks and/or payment systems. The User also agrees that the Rent Price with any charges may be debited from the User’s bank/card account in other currency than one previously selected, if the payment in a specific currency and/or the mandatory currency conversion are stipulated by the bank and/or payment system effecting the payment.4 USER’S ONGOING OBLIGATIONS
4.1 The User shall: (A) regularly monitor and review any announcements connected with the Service made on the Site; (B) purchase and use the Service only for the purposes and in the manner expressly permitted by this Agreement; (C) notify the Company immediately if any of the representations and warranties made under this Agreement becomes untrue, incomplete, invalid or misleading in any respect; (D) not engage in any activity that interferes with or disrupts the Service in any way; (E) keep, and be fully responsible for keeping, the information required to access its account (including the password) confidential, secure, intact and under control at all times; (F) not remove any copyright, trademark or other proprietary notices from any portion of the Service; (G) not reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, Rent, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by the Company; (H) not decompile, reverse engineer or disassemble the Service except as may be permitted by applicable law; (I) not link to, mirror or frame any portion of the Service; (J) not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service; (K) not attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks; (L) not use or reference in any manner the Company's names, logos, product and service names, trademarks or services marks; (M) not otherwise infringe the Company’s intellectual property rights concerning the Service, the software and any other content of the Site through which the User accesses the Service; (N) observe all applicable laws and regulations (including tax laws and regulations) in such manner that will, to the best of its knowledge and belief, result in compliance by it and the Company in any jurisdiction in which it directly or indirectly uses the Service; (O) provide promptly such evidence of its compliance with this Agreement as the Company may at any time reasonably require.5. EXCLUSION OF REPRESENTATIONS AND WARRANTIES BY THE COMPANY
5.1 The User hereby accepts that, to the fullest extent permitted by law: (A) no warranty is given in respect of the Service or any information provided to the User; and (B) the Company expressly disclaims all warranties and conditions of any kind, whether express or implied, including: (i) any implied warranties of merchantability, fitness for a particular purpose or non- infringement of the Service; (ii) any warranties as to the timeliness, reliability, suitability, sequence, accuracy, adequacy, consistency or completeness of any information provided to the User via the Service or in connection with it, at any time or from time to time; (iii) any warranties that the access to the Service provided hereunder will be uninterrupted, timely or free from error.6. LIMITATIONS OF THE COMPANY’S LIABILITY
6.1 To the fullest extent permitted by law, the Company expressly disclaims all liability for any loss whatsoever, and howsoever caused, incurred or suffered by you or anyone else, and including any loss arising from or in connection with: (A) any inaccuracy, incompleteness or delay in any information provided to the User; (B) any transaction which failed in case collection by Vehicle Owner; (C) any malfunction, instability, or another breakdown of any software used by the Company for the provision of the Service; (D) any disclosure, loss, theft, destruction or inaccessibility of the User’s account, password or other data (including the User’s or any other person’s failure to keep these secure, safe and confidential); (E) termination of this Agreement at any time and for any reason; (F) any failure of the Service to be used in any specific way or to meet any specific purpose or requirements; (G) any war, riots, epidemics, acts of God, epidemics, restraints imposed by any governmental or semi- governmental or regulatory authority, industrial or trade disputes, fires, explosions, storms, typhoons, floods, lightning, earthquakes and natural calamities.6.2 The Company shall have no liability, however arising, for any indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage arising out of or in connection with the provision of the Service hereunder, or otherwise related to its subject matter, regardless of the negligence (either active, affirmative, sole, or concurrent) of the Company, even if the Company has been advised of the possibility of such damages.6.3 The Company shall not be liable for any damages, liability or losses arising out of: (i) the User’s use of or reliance on the Service or the User’s inability to access or use the Service; or (ii) any transactions or relationship between the User and any Vehicle Owner, even if the Company has been advised of the possibility of such damages. The Company shall not be liable for delay or failure in performance of the Service resulting from causes beyond the Company’s reasonable control.7. INDEMNITIES
7.1 The User indemnifies the Company against, and agrees to reimburse and compensate the Company for, any liability or loss (and any costs incurred in connection therewith) arising from: (A) any violation of this Agreement by the User; (B) the Company exercising, enforcing or preserving its rights, powers or remedies (or considering doing so) with respect to the User in connection with this Agreement; (C) infringement of any Company’s or third parties’ intellectual property rights or other rights in connection with the User’s use of the Service and the Site and its contents.8. USER’S CONSENT TO ADVERTISING MESSAGES AND PRIVACY POLICY
8.1 The User agrees to receive advertising messages from the Company. The User has a right to decline receiving advertising messages by using the relevant functionality of the Service, as part of which or in connection with which the User received such messages. 8.2 The Company shall collect and process only those personal data of the User which are required to be processed for the use of the Service or necessary to provide the Service. 8.3 The User hereby gives his consent on processing and collection of his personal data to the extent and for the purposes specified in this Agreement and in Confidentiality Policy posted on the Site. 8.4 The Company shall take all necessary and sufficient organizational and technical measures to protect the User’s personal data from illegal or accidental access, destruction, alteration, blocking, copying, or distribution, as well as from other illegal actions with such data by third parties. 8.5 In order for the Service to work more efficiently the Site uses cookie files. By starting to use the Service, the User agrees to the use of cookie files. The User may find out more on the Site about the main terms of cookies using by the Company.8.6 With regards to the personal data protection the Company follows the legislation of the UAE.9 TERM AND TERMINATION
9.1 Notwithstanding any other provision of this Agreement, the Company may at any time and for any reason immediately terminate this Agreement as between the User and it without prior notice or need to specify reasons, including if: (A) the User has breached any provision of this Agreement or acted in a manner which clearly shows that the User does not intend to or is unable to comply with any provision in this Agreement; (B) The Company reasonably considers it is required to do so by the application of any laws or regulations or by any government, quasi-government, authority or public body (including any regulatory body of any jurisdiction); or (C) the Company determines that performing its obligations under this Agreement is no longer commercially viable.9.2 The Company will inform the User of such termination by notice in accordance with clause 10.10. NOTICES
10.1 The User agrees that the Company may give notices and communications, under or in connection with this Agreement by announcement on the Site or by email to the email address which the User registers to its account, and that such notice is deemed to be effective and received by the User at the time when it is published on the Site, or, if earlier, sent, by the Company unless the Company promptly receives an automated message indicating failed delivery of that notice.10.2 Notices to the Company may be directed to the email address ... specified on the Web-site.10.3 The User agrees to receive advertising messages from the Company and is able to refuse receiving such advertising messages via the Web-site.