Terms of Use
These are the Terms of Use of the website of Carr8 www.carr8.com 1260 Nyon, Switzerland.
For the use of the Carr8 website, including related applications (collectively, the "Website"), Carr8 is referred to hereinafter as "we", "us", "our", or "Carr8". The term "you" refers to the internet user visiting the Website and/or contributing content on the Website.
1. Application
These Terms of Use apply in their most current version at the time you access or use the Website. Please read them carefully. By accessing or using the Website in any manner, you agree to be bound by these Terms of Use and represent that you have read and understood them. If you do not accept all of these terms you are not authorized to use the Website.
2. Use of the Website
All internet users can access and use the Website in accordance with these Terms of Use. The commercial use of the contents of the Website is not permitted, unless otherwise agreed in writing.
As a condition of your use of the Website, you warrant that (i) all information supplied by you on the Website is true, accurate, current, and complete, (ii) if you have a Carr8 account, you will safeguard your account information and will supervise and be fully responsible for any use of your account by anyone other than you, (iii) you are 16 years of age or older, unless a parent or a guardian has consented to your use of the Website, where this is a requirement under applicable law (e.g. the EU General Data Protection Regulation), and (iv) you possess the legal authority to accept these Terms of Use and use the Website in accordance with all terms set out herein.
Any use of the Website in violation of the following provisions violates these Terms of Use and may result in, among other things, the termination or suspension of your right to use the Websites or any portion thereof. We reserve the right to deny to anyone access to the Website and the services we offer, at any time and for any reason.
3. Comment Function
On the Website, Carr8 provides users with a review area, in particular a comment function, in which you may post reviews of car models and your experiences with car dealers and car garages in connection with a purchase, lease, rent, repair of a car etc. Carr8 reserves the right to activate and deactivate this comment function at any time in general or in specific cases.
Carr8 has no obligation to screen, edit or monitor any of the content contributed to the Website, or to actively seek facts or circumstances indicating illegal activity. We check the entries and linked content and may remove or change them in whole or in part, or have such actions performed by third parties on our behalf. However, we do not assume any obligation to do so except for any duty to remove or disable access information upon obtaining knowledge or awareness of illegal activity or information.
We may also delete your account or block the access to it at any time and without further notice.
1. Responsibility for Content
Carr8 takes responsibility for its own content that can be accessed on the Website. We create such content to the best of our knowledge, but do not assume any liability for its correctness, completeness, quality, topicality, or lawfulness.
On the Website, we may include hyperlinks to websites operated by parties other than Carr8. We do not control such websites and are not responsible for their content, the privacy or other practices of such websites.
You take responsibility for the content you contribute to the Website. By using the Website you expressly agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Website any illegal content or any content otherwise incompatible with applicable laws and regulations. Further, you must ensure that the content you contribute does not infringe any rights of third parties (e.g. copyrights, trademark rights, or personal rights). You are also solely responsible for your use of the review areas (see section 3 above) and use them at your own risk.
Carr8 takes no responsibility and assumes no liability for content uploaded to and/or published on the Website by third parties, or for any loss or damage thereto. Content contributed by third parties does not represent an opinion or advice of, or endorsement by, Carr8. Any reviews published on the Website do not represent Carr8's opinion.
2. Copyright
You are granting Carr8 a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available any content posted on the Website by you, e.g. text, photos, images, as Carr8 at its discretion sees fit. By uploading any content you fully accept responsibility of any and all legal claims that are made by any third parties (including, but not limited to, car owners, dealers, garages or manufactures) due to Carr8 publishing and using the content.
Unless indicated otherwise, the content available on the Website is protected by copyright and/or other intellectual property rights, and Carr8 or its licensors, as the case may be, retain all rights in it. The use of any content without Carr8's prior written consent is prohibited.
3. Availability of the Website
Carr8 is constantly striving to ensure the proper operation of the Website, but does not guarantee its uninterrupted availability. We are not liable, in particular, for technical delays, interruptions, or failures.
Further, Carr8 reserves the right to change, suspend, or discontinue the availability of the Website, in whole or in part, at any time and without prior notice.
4. Indemnification
You agree to defend, indemnify, and hold us and any person acting on our behalf harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and costs, made by any third party due to, or otherwise arising from, your use of the Website, including due to or arising from your breach of any provision of these Terms of Use.
5. Notice and Take-Down Policy for Illegal Content
Carr8 operates on a "notice and takedown" basis. If you have any complaints or objections to any material or content on the Website, or if you believe that material or content posted on the Website infringes your copyright or personality rights, please contact us immediately by following our notice and takedown procedure provided on the Website [ Take-Down Notice and Procedure ]. Once this procedure has been followed Carr8 will make reasonable endeavours to remove illegal content within a reasonable time.
6. Final Provisions
We may change these Terms of Use or any portion thereof from time to time in its sole discretion, where we deem it necessary for legal, regulatory and/or technical purposes, or due to changes in the services provided or the nature or layout of the Website. We will inform you about substantial changes to these Terms of Use, e.g. by placing a notice on the Website.
If any provision of these Terms of Use is void or becomes invalid or ineffective, in whole or in part, the remaining provisions shall remain unaffected.
These Terms of Use shall be governed by Swiss substantive law, to the exclusion of conflict-of-laws rules and international conventions. The courts in Vaud, Nyon, Switzerland, shall have exclusive jurisdiction for any dispute arising from, or in the context of, your use of the Website.
If you have any questions or queries, please contact us at: admin@carr8.com
Last update: 07.10.2018
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