TERMS OF USE
1. Introduction
1.1. Please read these Terms of Use carefully. By using the Service (as defined), you agree that you have read and understood the terms in these Terms of Use which are applicable to you. These Terms of Use and the eCarAid Policies (as defined) constitute a legally binding agreement (“Agreement”) between you and eCarAid (as defined). The Agreement applies to your use of the Service (as defined) provided by eCarAid. If you do not agree to the Terms of Use please do not use or continue using the Application or the Service.
1.2. eCarAid may amend the terms in the Agreement at any time. Such amendments shall be notified to you through the Application and/ or your registered email address at least ten (10) business days before the effective date. The updated version will be posted on the website https://www.ecaraid.com. It is your responsibility to review the Terms of Use regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.
1.3. If you use the Service in a country other than the country where you registered for the Application (the “Alternate Country“), you must regularly review the Terms of Service applicable in the Alternate Country which can be found at https://www.ecaraid.com as it may differ from the country where you registered for the Application. By using the Service in the Alternate Country, you agree to be bound by prevailing Terms of Use in the Alternate Country. In case you do not agree or not accept such amendments, supplements, please cancel your account or delete the Application on your device.
1.4. ECARAID IS A TECHNOLOGY COMPANY WHICH PROVIDES A PLATFORM FOR USERS TO OBTAIN SERVICES PROVIDED BY THIRD PARTY PROVIDERS. ECARAID’S ROLE IS MERELY TO LINK THE USER WITH SUCH THIRD PARTY PROVIDER. ECARAID IS NOT RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD PARTY PROVIDER, AND ANY LIABILITY IN RELATION TO SUCH SERVICES SHALL BE BORNE BY THE THIRD PARTY PROVIDER. THIRD PARTY PROVIDERS SHALL NOT REPRESENT TO BE AN AGENT, EMPLOYEE OR STAFF OF ECARAID AND THE SOLUTIONS PROVIDED BY THIRD PARTY PROVIDERS SHALL NOT BE DEEMED TO BE PROVIDED BY ECARAID.
2. Definitions
In these Terms of Use, the following words shall have the meanings ascribed below:
2.1. “Application” means the relevant mobile application made available for download by eCarAid to Users and Third Party Providers respectively;
2.2. “eCarAid” means:
2.2.1. eCarAid Company Incorporation, in relation to eCA, eCA Service, eCA Management;
2.2.2. eCarAid Vietnam Company Limited, in relation to eCA, eCA Service, eCA Management;
2.3. “eCarAid Policies” means the following:
2.3.1. the Privacy Policy;
2.3.2. the eCarAid Car Owner (Driver) / Mechanics, Auto repair partners, as may be applicable; and
2.3.3. all other forms, policies, notices, guidelines, frequently asked questions (FAQs), or agreements provided to or entered into by you from time to time;
2.4. “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, marital status, religion, health information, vehicle and insurance information;
2.5. “Platform” means the relevant eCarAid technology platform, portal or website that, when used in conjunction with the Application, enables Users to request or access Solutions;
2.6. Privacy Policy” means our privacy policy accessible at: https://ecaraid.com/privacy-policy/ as amended from time to time;
2.7. “Service” means the linking of Users to Third Party Providers through the Application, Platform and/or Software;
2.8. “Software” means any software associated with the Application which is supplied made available for download and installation by eCarAid;
2.9. “Solutions” means the following services which are made available to Users through the Service (each a “Solution”):
2.9.1. eCA;
2.9.2. eCA Service;
2.9.3. eCA Management;
2.10. “Third Party Provider” means the independent third parties who provide the Solutions to Users through the Service, including car owners, auto repair partners and other third parties;
2.11. “User” means any person who uses the Application, Platform and/or Software to search for and obtain the Solutions;
3. Representations, Warranties and Undertakings
3.1. By using the Service, you represent, warrant / undertake that:
3.1.1. You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old;
3.1.2. All the information which you provide shall be true and accurate;
3.1.3. You will only use the Application, Platform and Service for their intended and lawful purposes;
3.1.4. You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;
3.1.5. You agree to notify us immediately of any unauthorized use of your account or any other breach of security;
3.1.6. You will not try to interrupt or harm the Service, Application and/or the Software in any way;
3.1.7. You will not attempt to commercially exploit any part of the Application without our permission, including without limitation modify any of the Application’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;
3.1.8. You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;
3.1.9. You will provide us identification information such as full name, address, phone number, email, etc. or any other documents, permits, certificates or approvals which we may reasonably request or require, in accordance with prevailing regulations or upon specific request of competent authorities, to provide the Service;
3.1.10. You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
3.1.11. You will not use the Application and/or the Software to cause nuisance or behave in an inappropriate or disrespectful manner towards eCarAid or any third party;
3.1.12. When using the Service, you agree to comply with all laws applicable to you and/or your use of the Service;
3.1.13. You will not copy, or distribute the Software or other content without written permission from eCarAid;
3.1.14. You will provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement. You agree that eCarAid may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, eCarAid has the right but not the obligation to terminate this Agreement and your use of the Service at any time with a notice sent to you through the Application or your registered phone number or email address;
3.1.15. You will only use an access point or data account which you are authorized to use;
3.1.16. You agree that the Service is provided on a reasonable effort basis;
3.1.17. You agree that your use of the Service will be subject to eCarAid’s Privacy Policy as may be amended from time to time in accordance with the applicable law. The updated Privacy Policy will be posted on the website https://www.ecaraid.com, and will be notified to you through the Application and/ or your registered email address at least ten (10) business days before the effective date;
3.1.18. You agree to assist eCarAid with any internal or external investigations as may be required by eCarAid in complying with any prevailing laws or regulations in place; and
3.1.19. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, eCarAid or any other party as a result of your breach of this Agreement without the fault of eCarAid or Third Party Provider.
3.1.20. You will not utilize modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud eCarAid or to disrupt the natural functions of the Application.
3.2. If you are a Third Party Provider, you further represent, warrant / undertake that:
3.2.1. If applicable, you possess a valid mechanic’s certificates and are authorized to repair vehicle and have all the appropriate certificates, approvals and authority which you use the Service;
3.2.2. If applicable, you own, or have the legal right and authority to operate auto repair shops;
3.2.3. If applicable, you will use the appropriate mechanic safety equipment;
3.2.4. You shall be solely responsible for any and all claims, judgments and liabilities resulting from any issue, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the service provided by you;
3.2.5. You shall obey all local laws related to the operation of a service and will be solely responsible for any violations of such local laws;
3.2.6. You shall not contact car owners for purposes other than in connection with the Service;
3.2.7. You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Application, or any other customer of eCarAid, including without limitation any user account not owned by you, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Application;
3.2.8. You agree to be subject to random drug tests arranged or undertaken by eCarAid, its agents or appointed persons;
3.2.9. You are aware that when responding to Users, standard telecommunication charges may apply which shall be solely borne by you;
3.2.10. If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement;
3.2.11. You agree that you are forbidden from giving out coupons and suggesting any other form of discounts to the Users. You are strictly forbidden to use the Service for other purposes such as but not limited to data mining of eCarAid’s information or information related to the Application or the Service. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and eCarAid reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service other than for the purpose for which it is intended to be used; and
3.3. If you are a User, you further represent, warrant / undertake that :
3.3.1. You will comply with the eCarAid Policies;
3.3.2. Your use of the Service is for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old (“Minor”), in which case you shall assume primary responsibility of the Minor;
3.3.3. You will not use the Application, Platform and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
3.3.4. Where applicable, you agree to indicate the accurate number of requester(s) when requesting for the Service. You further acknowledge and agree that if the information on the number of requester is untrue or inaccurate, the third party provider is entitled to cancel your booking and you may be charged a cancellation fee;
3.3.5. You shall not contact the Third Party Provider for purposes other than the Service or perform the consumer complaint right according to the provisions of law;
3.3.6. You shall not intentionally or unintentionally cause or attempt to cause damage to the Third Party Provider or the Vehicle;
3.3.7. Where applicable, you will not create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Application or Platform except for your personal, non-commercial use;
3.3.8. Where applicable, you will not copy any content displayed through the Application or Platform, including any third party product content and reviews, for republication in any format or media;
3.3.9. You acknowledge and agree that only one (1) account can be registered on one device;
3.3.10. You are aware that when requesting Solutions by SMS or by using the Service, standard telecommunication charges will apply; and
3.3.11. You agree that eCarAid may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account.
4. Compatibility
Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Application. While we continuously develop the Application in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Application is likely to be accessed from, we do not warrant compatibility of the Application with specific mobile devices or other hardware.
5. License Grant and Restrictions
5.1. eCarAid and its licensors, where applicable, grant you a revocable, non-exclusive, non- transferable, limited license to use and access the Application and/or the Software to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by eCarAid and its licensors.
5.2. You shall not:
5.2.1. license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way;
5.2.2. modify or make derivative works based on the Application and/or the Software;
5.2.3. “mirror” the Application / Software on any other server or wireless or internet-based device;
5.2.4. except to the extent such restriction is prohibited under applicable law, disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, this Application or any software or services made available on or through the Application;
5.2.5. use any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, (a) to unduly burden or hinder the operation and/or performance of the Application; (b) to conduct data mining or scraping activities, or (c) in any way reproduce or circumvent the navigational structure or presentation of the Application or its content;
5.2.6. post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights
5.2.7. remove any copyright, trademark or other proprietary rights notices contained on the Application or Platform; or
5.2.8. use the Application to: (a) send spam or otherwise duplicative or unsolicited messages; (b) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (c) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Application or the data contained therein; (e) attempt to gain unauthorized access to the Application or its related software, systems or networks; (f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (g) engage in any conduct that could possibly damage our reputation or amount to being disreputable.
6. Payments
6.1. For Third Party Providers:
6.1.1. The fees which you pay eCarAid for the Service are due immediately and are non-refundable (“Service Fee“). Subject to any limit stipulated by the applicable law, the Service Fee shall be a percentage of the User Charges, as determined by eCarAid from time to time. This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Application / Platform, our decision to terminate or suspend your access to the Application / Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.
6.1.2. You acknowledge that the total amount of User Charges paid to you by Users includes the Service Fee, which you collect on behalf of eCarAid.
6.1.3. eCarAid may, at its sole discretion, make promotional offers with different features and different rates on the Solutions to any of the Users whereby these promotional offers shall accordingly be honored by you. eCarAid may change the Service Fee at any time at its sole discretion.
Payment by Users
6.1.4. Users may pay for your provision of the Solution immediately upon completion of or confirmation of a booking for a Solution, as the case may be, by cash or cashless method(s) such as by credit or debit card (“Card”). All payments due to you for your services, including tips (where applicable), will be channelled to you in the agreed quantum in due course.
6.1.5. eCarAid retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where yours and/or the User breached any terms in this Agreement. In such an event, you shall not hold eCarAid liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment to you.
6.2. For Users:
6.2.1. Once you have completed using the Service, you are required to make payment in full to the Third Party Provider by selecting one of the payment methods available to you on the Application. Any payment pursuant to such selection will be automatic.
6.2.2. You may choose to pay the Third Party Provider for the provision of the Solution by cash or where available, by credit or debit card (“Card”) or e-wallets or any other payment method available in the Application.
6.2.3. If you choose to make payment by Card, you will need to register a valid Card which belongs to you in accordance with the instructions in the Application.
6.2.4. You agree that eCarAid may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.
6.2.5. You agree that eCarAid may issue a reasonable authorization hold, which is not an actual charge against your Card, in order to verify your payment method via your Card. The hold may appear in your statement as “pending”. The authorized hold amount will be based on the upper bound fare shown at the time of your booking and may include up to the maximum extra charges permissible on the Application. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your Card.
6.2.6. In the event your payment by your Card is processed overseas, you will be liable for any additional charges in relation thereto.
6.2.7. If the tipping feature is available, you may have the option to pre-set a default “tip” amount of your choosing when you register for the Service. This will automatically be included in the User Charges after the Solution has been provided and given to the Third Party Provider unless you choose to change the amount or remove the tip.
6.2.8. eCarAid may suspend the processing of any transaction or disable or limit the use of the Card in the event of any error in transaction which results in decline or chargeback from the financial institution or where eCarAid reasonably believes that the Card has been used for a transaction that may be fraudulent, illegal or involves any criminal activity or where eCarAid reasonably believes you to be in breach of this Agreement.
6.2.9. You agree that you will cooperate in relation to any financial crime screening that is required and to assist eCarAid in complying with any prevailing laws or regulations in place.
6.2.10. You shall be responsible to resolve any disputes with your Card company on your own.
7. Cancellation For Third Party Providers
7.1. The Users rely on you for delivery or provision of the Solutions. You agree that high and/or frequent cancellation rates or ignoring the Users’ bookings will impair the Users’ experience and negatively impact the reputation and branding of eCarAid.
7.2. While you may cancel a booking, the cancellation shall be based on acceptable cancellation reasons as shown in the Application. eCarAid reserves the right to amend the acceptable cancellation reasons from time to time. A cancellation that is not based on one of the acceptable reasons or ignoring a booking may be counted in determining if your access to the Service will be temporarily restricted.
8. Promotional Program for Users
8.1. From time to time, eCarAid may run marketing and promotional campaigns which offer voucher codes, discounts, subscription plans, or other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, limits and/or availability. Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers. Unless otherwise stated, Vouchers can only be used on our Platforms. Vouchers are non-transferable, non-exchangeable and non-refundable and cannot be exchanged for cash. eCarAid reserves the right to withdraw, amend and/or alter any part of the terms and conditions of the promotions and subscriptions at any time without any prior notice. eCarAid reserves the right to void, discontinue or disqualify any user from any promotion or subscription plan without prior notice to any user, in the event a user breaches any part of these Terms of Use.
9. Ratings
9.1. Users and Third Party Providers may be allowed to rate each other in respect of Solutions provided.
9.2. Every rating will be automatically logged onto eCarAid’s system and eCarAid may analyze all ratings received.
10. Point of Interest Contributions
This section applies to Users’ and Third Party Providers’ submission of Point of Interest (“POI”) locations to the map in the relevant Application.
10.1. Submission requirements: When submitting a POI, you are required to provide POI content such as the name, address and category of the POI. You may also provide additional POI content such as images of the POI and relevant additional details (“POI Content”)..
10.2. Prohibited content: You shall ensure that all POI Content submitted:
10.2.1. is not inaccurate, fake or spam;
10.2.2. is not defamatory, obscene, discriminatory, provocative, derogatory, harmful, offensive or otherwise objectionable;
10.2.3. does not contain irrelevant content such as political or personal opinions;
10.2.4. does not offer or promote the sale of any regulated or prohibited items or services, including but not limited to tobacco, drugs, gambling, weapons, medical services and adult services;
10.2.5. does not refer to, promote or depict sexually explicit content, abusive images and/or images of minors, violence, terrorism or any other harmful behavior or illegal conduct;
10.2.6. does not contain personal/sensitive data or images of any person;
10.2.7. does not contain images of protected areas, publicly inaccessible locations or restricted areas, or areas where photography and filming are not permitted (e.g. immigration checkpoints, military compounds, interiors of private residences); and
10.2.8. is not copied or stolen, and does not infringe upon third party intellectual property rights.
10.3. Acceptance, rejection or removal of POI: eCarAid may, at its sole discretion and at any time without notice to you:
10.3.1. accept or reject any POI Content submitted;
10.3.2. amend or redact any accepted POI or POI content; and
10.3.3. remove any POI or POI Content.
10.4. Rewards: eCarAid may provide incentives or rewards for accepted POI Content submissions from time to time, as notified to you in the Application.
10.5. License: By submitting a POI,
10.5.1. you are solely responsible for your conduct and any data, text, information, names, images, graphics, photos, imagery and other content that you submit, post display on or via the Application. eCarAid does not claim ownership of any POI Content that you post on or through the Application;
10.5.2. you have no obligation to provide any content to eCarAid. However, if you choose to upload or share content, you represent and warrant that you have the requisite permissions to submit the POI and the POI Content;
10.5.3. you grant eCarAid an irrevocable, worldwide, non-exclusive and royalty-free license to host, reproduce, distribute, communicate, publish, use, sub-license, modify and create derivative works based on the POI and POI content;
10.5.4. POI or POI Content that contains publicly-available factual information, such as the name of a business is not covered under the scope of this license; and
10.5.5. This license lasts for as long as your POI content is protected by intellectual property rights.
10.6. Amendment or removal requests: You may submit requests to amend or remove POIs or POI content through the Application. eCarAid will assess on a case by case basis whether to accede to such requests at eCarAid’s sole discretion.
10.7. Satellite street view images: When submitting or viewing POIs in the Application, you may be able to view satellite street view images (“Satellite Images”). You acknowledge and agree that:
10.7.1. all right, title and interest in the Satellite Images, including all corrections, enhancements, modifications or intellectually property rights belong to eCarAid’s third party vendor(s) or such vendor’s suppliers;
10.7.2. you shall not distribute, sublicense, rent, sell, lease, loan the Satellite Images to any third party, or otherwise use or reproduce the Satellite Images for any purpose not expressly permitted by eCarAid, including any commercial purpose;
10.7.3. you shall not remove, bypass or circumvent any electronic or other protection on the Satellite Images;
10.7.4. you shall not download or save the Satellite Images onto any device;
10.7.5. you shall not alter, obscure or remove any copyright notice, copyright management information, trademark or proprietary legend contained in or on the Satellite Images;
10.7.6. all Satellite Images are provided “as is” without any warranty of any kind, including any warranty of fitness for purpose, non-infringement or non-misappropriation of intellectual property rights of a third party, accuracy, content or results; and
10.7.7. neither eCarAid nor its vendor(s) shall be liable for any loss or damage of any nature howsoever arising out of or in relation to your access or use of the Satellite Images.
11. Intellectual Property Ownership
11.1. eCarAid and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by eCarAid and/or its licensors. eCarAid’s name, eCarAid’s logo, the Service, the Software and/or the Application and the third party providers’ logos and the product names associated with the Software and/or the Application are trademarks of eCarAid or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety.
12. Taxes
12.1. You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend eCarAid to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.
12.2. If you are a Third Party Provider, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.
13. Confidentiality
13.1. You shall maintain in confidence all information and data relating to eCarAid, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of eCarAid (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from eCarAid, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without eCarAid’s prior written consent, disclose such information to any third party nor use it for any other purpose.
13.2. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
13.2.1. was at the time of receipt already in your possession;
13.2.2. is, or becomes in the future, public knowledge through no fault or omission on your part;
13.2.3. was received from a third party having the right to disclose it; or
13.2.4. is required to be disclosed by law.
14. Data Privacy and Protection Data Protection Policy
14.1. eCarAid collects and processes your Personal Data in accordance with its Privacy Policy. The Privacy Policy applies all of eCarAid’s Services and its terms are made a part of this Agreement by this reference.
14.2. Where applicable, you agree and consent to eCarAid, its subsidiaries and any of its affiliate companies collecting, using, processing and disclosing Personal Data as further described in our Privacy Policy.
14.3. You acknowledge that eCarAid may disclose Personal Data of other individuals to you in the course of your use of eCarAid’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by eCarAid, and not for any other unauthorized purposes.
15. Third Party Interactions
15.1. You acknowledge that the Application utilized data from the Data Sources.
15.2 During use of the Service, you may enter into correspondence or transactions with third parties who display or offer their goods and/or service through the Platform or Application. Any such communication or agreement is strictly between you and the applicable third party and eCarAid and its licensors shall have no liability or obligation for any such communication or agreement. Neither eCarAid nor any of its affiliate companies endorses any applications or sites on the Internet that are linked through the Platform or Application, and in no event shall eCarAid, its licensors or its affiliate companies be responsible for any content, products, services or other materials on or available from such sites or third party providers. Certain third party providers of transportation, goods and/or services may require your agreement to additional or different terms of use and privacy policies prior to your use of or access to such goods or services, and eCarAid is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers. You acknowledge that such additional or different Terms of Use and privacy policies may apply to your use of such third party services. eCarAid is not liable for any information that you provide to or authorize us to provide to a third party, or for such third party’s collection, use and disclosure of such information.
15.3. eCarAid may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By installing and using the Application, you agree to receive such advertising and marketing. If you do not want to receive such advertising and marketing, you can go to the setting of Application and turn off get ads mode. If you do not wish to receive such advertising and marketing, please refer to our Privacy Policy for instructions to unsubscribe or update your privacy settings. You agree and allow eCarAid to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service and/or advertising or marketing material supplied by third parties through the Service.
15.4. We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links“). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
16. Indemnification
16.1. By agreeing to the Terms of Use upon using the Service, you agree that you shall indemnify and hold eCarAid, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Platform, Software and/or the Application in your dealings with the Third Party Providers or Users (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Third Party Providers or Users arranged via the Service, or (d) your use or misuse of the Service, the Platform, Software and/or the Application; (e) where applicable your ownership, use or operation of any Vehicle, including your provision of Solutions to Users via the Service where applicable. For avoidance of doubt, such indemnification shall be determined in compliance with respective regulations and principles set out in the prevailing Civil Code.
17. Disclaimer of Warranties
eCarAid makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Third Party Providers or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Third Party Providers and shall have no recourse to eCarAid in respect of the same.
18. Internet Delays
THE SERVICE, PLATFORM, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTY PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. ECARAID IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.
19. Limitation of Liability
19.1. UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS AGAINST ECARAID BY YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILIZING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. ECARAID AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE, INCLUDING BUT NOT LIMITED TO:
19.1.1. LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;
19.1.2. THE USE OR INABILITY TO USE THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;
19.1.3. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING;OR
19.1.4. AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE,
EVEN IF ECARAID AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19.2. ECARAID DOES NOT AND WILL NOT ASSESS NOR MONITOR THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE ECARAID FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS.
19.3. ECARAID WILL NOT BE A PARTY TO DISPUTES, OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS. UNLESS YOU ARE A CORPORATE CUSTOMER WITH A CURRENT CORPORATE ACCOUNT WITH ECARAID, ECARAID CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS, INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE ECARAID FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION.
19.4. THE QUALITY OF THE SOLUTIONS SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SOLUTION TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK. YOU FURTHER UNDERSTAND AND AGREE THAT THE THIRD PARTY TRANSPORTATION PROVIDERS ARE SOLELY RESPONSIBLE FOR TRANSPORTATION SERVICE’S QUALITY PROVIDED TO YOU VIA THE APPLICATION. HOWEVER, BECAUSE YOUR SAFETY IS ALWAYS ECARAID’S TOP CONCERN, SO EACH OF VALID BOOKING ON THE APPLICATION, YOU WILL BE PROVIDED AN ADDITIONAL PERSONAL ACCIDENT INSURANCE (WITHOUT ANY SURCHARGES) TO SUPPORT FOR THE DAMAGE, HEALTH AND BODY LOSSES DUE TO THE ACCIDENTS.
20. eCarAid’s Obligation
20.1. Provide the Service according to the Operational Regulation registered with the competent authority;
20.2. Comply with legal regulations on e-commerce;
20.3. Provide invoices via User’s email address after each repair;
20.4. Use User’s Personal Data only for the purposes specified in this Agreement. For the other purposes, eCarAid must obtain User’s approval before disclosing, sharing or transferring such data to any third parties;
20.5. Store and keep User’s Personal Data until receipt of cancellation request from User;
20.6. Receive and directly handle User complaints related to the provision and use of the Application and/ or Software according to this Terms of Use and applicable laws.
20.7. Coordinate with the Third Party Service Provider to resolve User complaints regarding transportation and delivery services provided through the Application;
20.8. Build up a 24/7 customer care system, diversify interactive channels, submitting support request via in-app Help Center, eCarAid’s official Facebook, through the Application and/ or other forms to receive and process User complaints, reflections and suggestions quickly and promptly;
20.9. Respect and seriously implement regulations on consumer protection and protection of Personal Data;
20.10. In the event that the server hosting the information being attacked by the hacker leads to the loss of personal data of User, eCarAid shall promptly report to the competent authorities, support the investigation and inform to all User;
20.11. Perform eCarAid’s tax, financial and other obligations in accordance with the applicable law; and
20.12. Other obligations as prescribed by law.
21. Notice
21.1. eCarAid may give notice through the Application, electronic mail to your email address in the records of eCarAid, or by written communication sent by registered mail or pre-paid post to your address in the record of eCarAid. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to eCarAid (such notice shall be deemed given when received by eCarAid) by letter sent by courier or registered mail to eCarAid using the contact details as provided in the Application.
22. Assignment
22.1. This Terms of Use as modified from time to time may not be assigned by you without the prior written approval of eCarAid. You hereby agree that eCarAid has the right to transfer its rights and obligations under this Agreement to a third party provided that eCarAid shall (i) give a notice on assignment to you through the Application or your registered email address and (ii) the third party undertakes to inherit eCarAid’s rights and obligations under this Agreement.
23. Dispute Resolution
23.1. This Terms of Use shall be governed by Vietnamese law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Terms of Use or the Service shall be referred to the Vietnam International Arbitration Centre (“VIAC”), in accordance with the Rules of the VIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and eCarAid (the “Arbitrator”). If you and eCarAid are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of VIAC accordance with the Rules. The seat and venue of the arbitration shall be Vietnam, in the Vietnamese language and the fees of the Arbitrator shall be borne equally by you and eCarAid, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
23.2. Any complaints between Third Party Providers and Users must be taken up with each other directly.
23.2. Notwithstanding anything in the contrary, any complaints between Third Party Providers and Users must be taken up with each other directly.
24. Relationship
24.1. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise with eCarAid.
25. Severability
25.1. If any provision of the Terms of Use is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.
26. No Waiver
26.1. The failure of eCarAid to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision.
27. Entire Agreement
27.1. This Agreement comprises the entire agreement between you and eCarAid and supersedes any prior or contemporaneous negotiations or discussions.
28. Suspension and Termination
28.1. You agree that we may do any of the following, at any time by giving you a notice through the Application or your registered email address: (i) to modify, suspend or terminate operation of or access to the Application, or any portion of the Application (including access to your Account and/or the availability of any products or services), for any reason; (ii) to modify or change any applicable policies or terms; and (ii) to interrupt the operation of the Application or any portion of the Application (including access to your Account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes.
29. No Third Party Rights
This agreement does not give rights to any third parties who are not party to this Agreement.