TERMS AND CONDITIONS
Last updated
September 29, 2023
AGREEMENT TO OUR LEGAL
TERMS
We are SIR DRIVE
('Company',
'we', 'us', or 'our')
.
We operate
the mobile application SIR DRIVE (the 'App'), as well as any other related products and services that refer or
link to these legal terms (the 'Legal Terms') (collectively, the 'Services'
).
You can contact us by
email at sirdrive.app@gmail.com
or by mail to __________
, __________
,
__________
.
These Legal Terms constitute a legally binding
agreement made between you, whether personally or on behalf of an entity (
'you'), and SIR DRIVE
, concerning your access to and use of the Services. You agree that by accessing the Services, you have
read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE
LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and conditions or documents that
may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We
reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any
changes by updating the 'Last updated' date
of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your
responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to,
and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by
your continued use of the Services after the date such revised Legal Terms are posted.
The
Services are intended for users who are at least 18 years old. Persons under the age
of 18 are not permitted to use or register for the Services.
We recommend that you print a copy
of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The
information provided when using the Services is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or
which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those
persons who choose to access the Services from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual
property
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service
marks, and logos contained therein (the 'Marks'
).
Our Content and Marks are protected by copyright and
trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the United
States and around the world.
The Content and Marks are provided in or through the
Services 'AS IS' for your personal, non-commercial use or internal business purpose only.
Your use of our
Services
Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES
' section below, we grant you a
non-exclusive, non-transferable, revocable licence
to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly
gained access.
solely for your
personal, non-commercial use or internal business purpose
.
Except as set out in this section or elsewhere in
our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services,
Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your
request to: sirdrive.app@gmail.com. If we ever grant you the permission to post,
reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or
licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is
visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you
in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights
will constitute a material breach of our Legal Terms and your right to use our Services will terminate
immediately.
Your submissions
Please review this section and the 'PROHIBITED ACTIVITIES
' section carefully prior to using our
Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any
content through the Services.
Submissions: By directly sending us any question, comment,
suggestion, idea, feedback, or other information about the Services (
'Submissions'), you agree to assign to us all intellectual property rights in
such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and
dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us
Submissions through any part of the Services
you:
- confirm that you have read and agree with our '
PROHIBITED ACTIVITIES
' and will not post, send, publish, upload,
or transmit through the Services any Submission that is illegal,
harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any
person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to
the extent permissible by applicable law, waive any and all moral rights to any such Submission;
- warrant that any such Submission are original to
you or that you have the necessary rights and licences to submit such Submissions and that you have
full authority to grant us the above-mentioned rights in relation to your Submissions; and
- warrant and represent that your Submissions do
not constitute confidential information.
You are solely responsible for your
Submissions and you expressly agree to reimburse us for any and all losses
that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property
rights, or (c) applicable law.
By using the Services, you represent and warrant
that:
(1) all registration information you submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information
and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply with
these Legal Terms;
(4) you are not a
minor in the jurisdiction in which you reside
; (5) you will not access the Services through automated or
non-human means, whether through a bot, script or
otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable
law or regulation.
If you provide any information
that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your
account and refuse any and all current or future use of the Services (or any portion thereof).
You may be required to
register to use the Services. You agree to keep your password confidential and will be responsible for
all use of your account and password. We reserve the right to remove, reclaim, or change a username
you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or
otherwise objectionable.
We accept the following forms of payment:
You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the Services. You further agree to promptly update
account and payment information, including email address, payment method, and payment card expiration date, so
that we can complete your transactions and contact you as needed. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any time. All payments shall be in Euros.
You agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping fees, and you
authorise us to charge your chosen payment provider for any such amounts upon
placing your order.
We reserve the right to correct
any errors or mistakes in pricing, even if we have already requested or
received payment.
We reserve the right to refuse any order placed
through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per
household, or per order. These restrictions may include orders placed by or under the same customer account,
the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to
limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.
6. POLICY
All
sales are final and no refund will be issued.
You may not access or use the
Services for any purpose other than that for which we make the Services available. The Services may not be
used in connection with any commercial endeavours
except those that are specifically endorsed or approved by us.
As a user of the Services,
you agree not to:
- Systematically
retrieve data or other content from the Services to create or compile, directly or indirectly, a
collection, compilation, database, or directory without written permission from us.
- Trick,
defraud, or mislead us and other users, especially in any attempt to learn sensitive account
information such as user passwords.
- Circumvent,
disable, or otherwise interfere with security-related features of the Services, including
features that prevent or restrict the use or copying of any Content or enforce limitations on
the use of the Services and/or the Content contained
therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Services.
- Use
any information obtained from the Services in order to harass, abuse, or harm another
person.
- Make
improper use of our support services or submit false reports of abuse or
misconduct.
- Use
the Services in a manner inconsistent with any applicable laws or
regulations.
- Engage
in unauthorised framing of or
linking to the Services.
- Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and spamming (continuous posting of repetitive
text), that interferes with any party’s uninterrupted use and enjoyment of the Services or
modifies, impairs, disrupts, alters, or interferes with the use, features, functions,
operation, or maintenance of the Services.
- Engage
in any automated use of the system, such as using scripts to send comments or messages, or
using any data mining, robots, or similar data gathering and extraction
tools.
- Delete
the copyright or other proprietary rights notice from any
Content.
- Attempt
to impersonate another user or person or use the username of another
user.
- Upload
or transmit (or attempt to upload or to transmit) any material that acts as a passive or
active information collection or transmission mechanism, including without limitation, clear
graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices
(sometimes referred to as 'spyware' or 'passive collection
mechanisms' or 'pcms').
- Interfere
with, disrupt, or create an undue burden on the Services or the networks or services connected
to the Services.
- Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion
of the Services to you.
- Attempt
to bypass any measures of the Services designed to prevent or restrict access to the Services,
or any portion of the Services.
- Copy
or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or
other code.
- Except
as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of
the software comprising or in any way making up a part of the
Services.
- Except
as may be the result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including without limitation, any spider, robot,
cheat utility, scraper, or offline reader that accesses the Services, or use or launch any
unauthorised script or other
software.
- Use
a buying agent or purchasing agent to make purchases on the
Services.
- Make
any unauthorised use of the
Services, including collecting usernames and/or email addresses of users by electronic or
other means for the purpose of sending unsolicited email, or creating user accounts by
automated means or under false pretences.
- Use
the Services as part of any effort to compete with us or otherwise use the Services and/or the
Content for any revenue-generating endeavour or commercial enterprise.
8. USER
GENERATED CONTRIBUTIONS
The Services does
not offer users to submit or post content. We may provide
you with the opportunity to create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or on the Services, including but not
limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively,
'Contributions'). Contributions may be viewable by other users
of the Services and through third-party websites. When
you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission,
public display, or performance, and the accessing, downloading, or copying of your Contributions do not
and will not infringe the proprietary rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the
necessary licences, rights, consents,
releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions
in any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or
permission of each and every identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable inclusion and use of your
Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate,
or misleading.
- Your Contributions are not unsolicited or
unauthorised advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
- Your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by
us).
- Your Contributions do not ridicule, mock,
disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or
threaten (in the legal sense of those terms) any other person and to promote violence against a specific
person or class of people.
- Your Contributions do not violate any
applicable law, regulation, or rule.
- Your Contributions do not violate the privacy
or publicity rights of any third party.
- Your Contributions do not violate any
applicable law concerning child pornography, or otherwise intended to protect the health or well-being
of minors.
- Your Contributions do not include any
offensive comments that are connected to race, national origin, gender, sexual preference, or physical
handicap.
- Your Contributions do not otherwise violate,
or link to material that violates, any provision of these Legal Terms, or any applicable law or
regulation.
Any use of the Services in
violation of the foregoing violates these Legal Terms and may result in, among other things,
termination or suspension of your rights to use the Services.
You and Services agree that we may
access, store, process, and use any information and personal data that you provide and your choices (including settings).
By submitting suggestions or other
feedback regarding the Services, you agree that we can use and share such feedback for any purpose without
compensation to you.
We do not assert any ownership over
your Contributions. You retain full ownership of all of your Contributions and any intellectual property
rights or other proprietary rights associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Services. You are solely responsible
for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility
and to refrain from any legal action against us regarding your Contributions.
10.
MOBILE APPLICATION LICENCE
Use Licence
If you access the Services via the
App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App
on wireless electronic devices owned or controlled by you, and to access and use the App on such devices
strictly in accordance with the terms and conditions of this mobile application
licence contained in these Legal Terms. You shall not: (1) except as
permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of,
or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or
derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your
access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of
copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating
endeavour, commercial enterprise, or other
purpose for which it is not designed or intended; (6) make the App available over a network or other
environment permitting access or use by multiple devices or users at the same time; (7) use the App for
creating a product, service, or software that is, directly or indirectly, competitive with or in any way a
substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited
commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual
property in the design, development, manufacture, licensing, or distribution of any applications, accessories,
or devices for use with the App.
Apple and Android
Devices
The following terms apply when you
use the App obtained from either the Apple Store or Google Play (each an
'App Distributor') to access the Services: (1) the
licence granted to you for our App is limited to a non-transferable licence to use the application on a device that
utilises the Apple iOS or Android operating
systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s
terms of service; (2) we are responsible for providing any maintenance and support services with respect to
the App as specified in the terms and conditions of this mobile application
licence contained in these Legal Terms or as otherwise required under
applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any
maintenance and support services with respect to the App; (3) in the event of any failure of the App to
conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in
accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the
maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation
whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country
that is subject to a US government embargo, or that has been designated by the US government as a 'terrorist supporting' country and (ii) you are
not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable
third-party terms of agreement when using the App, e.g. if you have a VoIP
application, then you must not be in violation of their wireless data service agreement when using the App;
and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and
conditions in this mobile application licence
contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have
accepted the right) to enforce the terms and conditions in this mobile application licence contained in these Legal Terms against
you as a third-party beneficiary thereof.
11. THIRD-PARTY
WEBSITES AND CONTENT
The Services may contain (or you may be
sent via the App) links to
other websites ('Third-Party Websites') as well
as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications,
software, and other content or items belonging to or originating from third parties ('Third-Party Content'). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites
accessed through the Services or any Third-Party Content posted on,
available through, or installed from the Services, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or
installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.
If you decide to leave the Services and access the Third-Party
Websites or to use or install any Third-Party Content, you do so at
your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable
terms and policies, including privacy and data gathering practices, of any website to which you navigate from
the Services or relating to any applications you use or install from the Services. Any purchases you make
through Third-Party Websites will be through other websites and from
other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively
between you and the applicable third party. You agree and acknowledge that we do not endorse the products or
services offered on Third-Party Websites and you shall hold us
blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us
blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any
Third-Party Content or any contact with Third-Party Websites.
12. SERVICES
MANAGEMENT
We reserve the right, but not the
obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to
remove from the Services or otherwise disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Services.
13. TERM
AND TERMINATION
These Legal Terms shall remain in full
force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF
ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account
for any reason, you are prohibited from registering and creating a new account under your name, a fake or
borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to take appropriate legal action,
including without limitation pursuing civil, criminal, and injunctive redress.
14. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to change, modify,
or remove the contents of the Services at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our Services. We
also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will
be available at all times. We may experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to
change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the Services during any downtime or discontinuance of the Services.
Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply
any corrections, updates, or releases in connection therewith.
15. GOVERNING
LAW
These Legal Terms are governed by and
interpreted following the laws of
France
, and the use of the United Nations Convention of Contracts for the International Sales of Goods is
expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess
the protection provided to you by obligatory provisions of the law in your country to residence. SIR DRIVE and yourself both agree to submit to the non-exclusive jurisdiction of the
courts of __________, which means that you may make a claim to defend your consumer
protection rights in regards to these Legal Terms in
France
, or in the EU country in which you reside.
16. DISPUTE
RESOLUTION
Informal
Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim
related to these Legal Terms (each a 'Dispute' and collectively, the
'Disputes') brought by either you or us (individually, a 'Party' and collectively, the 'Parties'), the
Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below)
informally for at least sixty (60) days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other Party.
Binding
Arbitration
Any dispute arising
from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be
chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of
the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the
application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of
arbitration shall be
Paris,
France
. The language of the proceedings shall be Francais.
Applicable rules of substantive law shall be the law of
France
.
Restrictions
The Parties agree
that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority
for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be
brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect,
or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy, or
unauthorised use; and (c) any claim for injunctive relief. If this provision is
found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
17. CORRECTIONS
There may be
information on the Services that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the Services at any time, without prior
notice.
18.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND
AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF
THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF
ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH
ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
19. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL
WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS
OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
20. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these
Legal Terms; (4) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (5)
any overt harmful act toward any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you
are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.
21. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we perform regular
routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
22. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and
completing online forms constitute electronic communications. You consent to receive electronic communications,
and you agree that all agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or
other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than electronic means.
23. MISCELLANEOUS
These Legal Terms and any policies or operating
rules posted by us on the Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms
shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent
permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not
be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful,
void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and
does not affect the validity and enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and us as a result of these Legal Terms or
use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all defences
you may have based on the electronic form of these Legal Terms and the lack of signing by the parties
hereto to execute these Legal Terms.
24. CONTACT
US
In order to resolve a complaint regarding the
Services or to receive further information regarding use of the Services, please contact us at:
SIR DRIVE
__________
sirdrive.app@gmail.com