THE TERMS AND CONDITIONS
PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING THE CARHELPLINE (Carhelplin User/Provider) APPLICATION AND/OR USING OUR WEBSITE AND/OR SERVICE.
The CARHEPLINE APPLICATION Terms and Conditions (“User Terms”) constitute a legally binding agreement between CARHELPLINE (“CarHelpline User App” “CarHelpline Provider App” “we”, “us”, or “our”), the owner and operator of the carhelpline.pk
APPLICATION carhelpline.pk website and its related software user & service provider application and platform (hereafter, collectively referred to as the “CarHelpline Application”) and you (“you” or “your”), the user of the CarHelpline Application.
BY USING THE CARHELPLINE APPLICATION ROADSIDE ASSISTANCE SERVICE IN ANY FORM OR FASHION (INCLUDING, WITHOUT LIMITATION, NAVIGATING CARHELPLINE APPLICATION WEBSITE CARHELPLINE.PK OR UTILIZING THE CARHELPLINE USER / PROVIDER APPLICAITON OR ONLINE PLATFORM), YOU ACKNOWLEDGE AND AGREE TO THESE USER TERMS, AND CARHELPLINE APPLICATION PRIVACY POLICY, WHICH CAN BE FOUND AT CARHELPLINE.PK/PRIVACY-POLICY/ AND WHICH ARE INCORPORATED HEREIN BY REFERENCE.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT USE THE CARHELPLINE USER/PROVIDER APPLICATION OR CARHELPLINE ROADSIDE ASSISTANCE SERVICES.
THE USER TERMS ARE INTENDED FOR ALL USERS OF THE CARHELPLINE APPLICATION SERVICE, INCLUDING THOSE WHO ARE SIMPLY NAVIGATING THE WEBSITE OR THOSE WHO REGISTER AN ACCOUNT. HOWEVER, DIFFERENT SECTIONS OF THE USER TERMS AFFECT USERS DIFFERENTLY, SO PLEASE BE SURE TO READ THESE TERMS AND CONDITIONS CAREFULLY.
1. CARHELPLINE APPLICATION Service Overview.
CARHELPLINE APPLICATION provides an online platform whereby users can connect with service providers ("providers"/"roadside assistants" ra") who offer roadside assistance and tow services (hereafter, “Providers”). Users can access the CARHELPLINE APPLICATION Service through the use of the CARHELPLINE USER APPLICATION
carhelpline.pk website or CARHELPLINE APPLICATION can be accessed by you on your mobile device (smart phone) or a computer.
CARHELPLINE APPLICATION is not directly involved in or otherwise a party to any transactions that may take place between users and providers.
CARHELPLINE APPLICATION has no control over the quality, safety, or legality of any aspect of service provider's (providers) services or offerings or any claims made by service providers about the services they offer, the truth or accuracy of warranties or pricing supplied by providers to CARHELPLINE APPLICATION , the ability of Service Providers to provide the services offered, or the ability of users to pay for Service Provider’s services.
CARHELPLINE APPLICATION does not conduct background checks regarding any users or Service Providers.
CARHELPLINE APPLICATION is not a broker, agent or insurer for any users or service providers.
CARHELPLINE APPLICATION makes no representations, warranties or guarantees regarding any content or information provided by users or service providers. We encourage you to communicate directly with potential transaction partners through the tools available through the CARHELPLINE APPLICATION Services.
All purchases made by users from service providers are made at each party’s own risk.
CARHELPLINE APPLICATION has customer information and privacy policies as set forth in its Privacy Policy carhelpline.pk/privacy-policy/, which is fully incorporated herein by reference.
2. Registration for CARHELPLINE APPLICATION.
Registration with the CARHELPLINE APPLICATION is subject to the following additional terms and conditions:
(a) Eligibility: By registering with CARHELPLINE APPLICATION, you represent and warrant that all registration information you submit, including, without limitation, your first and last name, mobile telephone number, vehicle information (make, model, year, etc.), and credit card or financial account payment information is completely accurate and truthful. RECOVERY APPLICATION may, in our sole discretion, refuse to offer access to or use of the CARHELPLINE APPLICATION Services to any party and change the eligibility criteria at any time. By registering with CARHELPLINE APPLICATION , you represent that if you are an individual, you are of legal age to enter into a binding contract and that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these User Terms and register for the CARHELPLINE APPLICATION.
(b) Security of Registration Information: You are solely responsible for maintaining the security and correctness of your registration information. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify CARHELPLINE APPLICATION of any unauthorized use of your password or any breach of security. You also agree that CARHELPLINE APPLICATION shall not be liable for any loss or damage arising from your failure to keep your password secure.
(c) Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by our policies as stated in the User Terms as well as all other operating rules, policies and procedures that may be published from time to time via the CARHELPLINE APPLICATION or by website at carhelpline.pk, each of which is incorporated herein by reference and each of which may be updated by CARHELPLINE APPLICATION from time to time without notice to you.
3. How to use the CARHELPLINE APPLICATION.
The CARHELPLINE APPLICATION Service offers you a platform to send a request for roadside assistance or tow services to a Service Provider. The GPS receiver, which should be installed on the mobile device (smart phone), or Internet Protocol address on your computer, requests your permission to detect your location and shows you near by service providers and gives you discretion to send your location information to the relevant Service Provider. The Service Provider has sole and complete discretion to accept or reject each request for service. The Service Provider also has sole and complete discretion over whether to use the CARHELPLINE APPLICATION to receive the requests generated through the CARHELPLINE APPLICATION platform. If the Service Provider accepts a service request, the CARHELPLINE APPLICATION notifies you (user) and provides information regarding the Service Provider – and the ability to contact the Service Provider by telephone or by Chat.
Once you select a Service Provider, please note the following:
PAYMENT AUTHORIZATION: CARHELPLINE APPLICATION will place an ultimate charge to your credit card account only for the actual cost of the service.
CANCELLATION
You may cancel your order within 5 minutes of the Service Provider coming to your location at no cost to you.
If more than 5 minutes have elapsed after the Service Provider or carhelp is being dispatched and prior to service provider arriving on scene, cancellation is subject to payment of a Rs. 100 non-refundable charge.
You will be charged the full amount of the quoted service price for any of the following cancellation instances/reasons: service provider is on scene and you cancel for any reason; service provider determines you have inaccurately stated the conditions of your vehicle thus the cost of service will be higher than initially quoted and you cancel service; you are Gone On Arrival (GOA) and/or fail to cancel service.
ADDITIONAL CHARGES:
To the extent your description of the services needed and/or conditions impacting your vehicle are deficient, inaccurate or otherwise misstated and/or the services required are more extensive than your description indicated, the price quote provided through the CARHELPLINE APPLICATION shall not be binding and you are responsible for paying for any additional services needed and/or requested.
For the avoidance of doubt: CARHELPLINE APPLICATION itself does not provide any roadside assistance or towing services, and CARHELPLINE OR CARHEHEPLINE USER/PROVIDER APP is not a services carrier. Any roadside assistance and/or towing services are through the Service Provider.
CARHELPLINE APPLICATION solely provides the digital platform through which you (User) and the Service Provider (Provider/Roadside Assitant - RA) can learn about each other. The provision of the roadside assistance services by the Service Provider to you is therefore subject to any agreement that you choose to enter into with the Service Provider.
CARHELPLINE/CARHELPLINE APPLICATION is never a party to any such agreement and you hereby agree to release CARHELPLINE/CARHELPLINE APPLICATION from all liability and claims arising from any acts or omissions of Service Provider.
4. Your Use of the CARHELPLINE / CARHELPLINE APPLICATION.
By using the CARHELPLINE/ CARHELPLINE APPLICATION, you agree to the following restrictions on your use of the CARHELPLINE/ CARHELPLINE APPLICATION :
You warrant that the information you provide to CARHELPLINE APPLICATION is accurate and complete. CARHELPLINE APPLICATION is entitled at all times to verify the information that you have provided and to refuse the CARHELPLINE APPLICATION for any reason or no reason. You may only access the CARHELPLINE APPLICATION using authorized means.
CARHELPLINE /CARHELPLINE APPLICATION is not liable if you do not have a compatible mobile device or computer. CARHELPLINE /CARHELPLINE APPLICATION reserves the right to terminate the CARHELPLINE APPLICATION should you attempt to access the CARHELPLINE APPLICATION with an incompatible or unauthorized device or computer.
You will only use the CARHELPLINE APPLICATION for your sole, personal use and will not resell it to a third party;
You will not authorize others to use your account;
You will not assign or otherwise transfer your account to any other person or legal entity;
You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
You will not use the CARHELPLINE APPLICATION for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
You will not use the CARHELPLINE APPLICATION to cause nuisance, annoyance or inconvenience;
You will not try to harm the CARHELPLINE APPLICATION, its roadside assistance services or impair the proper operation of any related network, platform or application in any way whatsoever;
You will not copy, or distribute the CARHELPLINE APPLICATION or any portion or feature thereof without advance written permission from CARHELPLINE APPLICATION ;
You will keep secure and confidential your account password or any identification we provide you which allows access to the CARHELPLINE APPLICATION Roadside Assistance Services;
You will provide us with whatever proof of identity we may reasonably request;
You will only use an wifi, access point or 3G/4G data account which you are authorized to use;
You are aware that when requesting services by SMS if available in your jurisdiction), standard messaging charges will apply;
You will not use the CARHELPLINE APPLICATION with an incompatible or unauthorized device or computer;
You will comply with all applicable laws and regulations while using the CARHELPLINE APPLICATION Roadside Assistance Services. CARHELPLINE APPLICATION reserves the right to immediately terminate the CARHELPLINE APPLICATION Service should you not comply with any of the foregoing.
You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application or Service. CARHELPLINE APPLICATION reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the foregoing.
5. Payment
Use of the CARHELPLINE APPLICATION without obtaining Service Provider roadside assistance services is free of charge for users. CARHELPLINE APPLICATION reserves the right to introduce certain fees in the future. However, CARHELPLINE APPLICATION shall provide you with prior written notice of such fees.
The rates for the services charged by Service Providers can be accessed through the CARHELPLINE APPLICATION. These may be modified or updated by CARHELPLINE APPLICATION from time to time. It is your own responsibility to remain informed about the current rates for the various roadside assistance services.
You agree that you will pay for all services you purchase from the Service Provider, and that CARHELPLINE APPLICATION may charge your credit card account as provided by you when registering for the CARHELPLINE APPLICATION for the roadside assistance services, including any taxes and late fees, as applicable, that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing CARHELPLINE APPLICATION with a valid credit card account for payment of all fees at all times. All payments are non-refundable, subject to applicable law.
CARHELPLINE APPLICATION uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the CARHELPLINE APPLICATION. The processing of payments or credits, as applicable, in connection with your use of the CARHELPLINE APPLICATION will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these User Terms. CARHELPLINE APPLICATION is not responsible for any errors by the Payment Processor and you hereby agree to release CARHELPLINE APPLICATION from all liability arising from any acts or omissions of Payment Processor. In connection wits your use of the CARHELPLINE APPLICATION, CARHELPLINE will obtain certain transaction details, which shall be maintained in accordance with CARHELPLINE’S Privacy Policy.
6. No Employment/Agent/Broker Relationship.
CARHELPLINE /CARHELPLINE APPLICATION is not an employment service and does not serve as an employer of any user of the CARHELPLINE APPLICATION USER OR PROVIDER.
CARHELPLINE APPLICATION is not liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with any use of the CARHELPLINE APPLICATION or Service Provider’s services. No brokerage, agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these User Terms. Without limiting the foregoing, except as expressly set forth herein, CARHELPLINE APPLICATION is not acting and does not act as an agent or broker for any users, service providers (providers/roadside assistants), or any other user of the CARHELPLINE APPLICATION.
7. Indemnification.
By using the CARHELPLINE APPLICATION, you agree that you shall defend, indemnify and hold CARHELPLINE /CARHELPLINE APPLICATION , its affiliates, its licensors, and each of their officers, owner, founder, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Service Providers arranged via the CARHELPLINE APPLICATION , or (c) your use or misuse of the CARHELPLINE APPLICATION.
8. Liability Limitation.
BY USING THE CARHELPLINE APPLICATION OR ANY PORTION THEREOF, YOU AGREE THAT CARHELPLINE APPLICATION AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU FOR: (i) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND (ii) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF (a) ANY CHANGES WHICH WE MAY MAKE TO THE RECOVERY APPLICATION SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN PROVIDING THE RECOVERY APPLICATION SERVICE (OR ANY SERVICES OFFERED THROUGH OR FEATURES OF THE RECOVERY APPLICATION SERVICE), (b) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE RECOVERY APPLICATION SERVICE, (c) YOUR FAILURE TO PROVIDE RECOVERY APPLICATION WITH ACCURATE ACCOUNT INFORMATION, (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (e) YOUR USE OR MISUSE OF THE RECOVERY APPLICATION SERVICE, (f) ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, AND/OR (g) HYPERLINKS TO WEB SITES OR CONTENT OR RESOURCES PROVIDED BY COMPANIES OR PERSONS OTHER THAN RECOVERY APPLICATION . THESE FOREGOING LIMITATIONS ON OUR LIABILITY SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
NOTWITHSTANDING THE FOREGOING, THE CUMULATIVE LIABILITY OF CARHELPLINE APPLICATION , ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, OWNER, FOUNDER, DIRECTORS, EMPLOYEES, AND AGENTS TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE USER TERMS OR YOUR USE OF THE CARHELPLINE APPLICATION, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED Rs. 1000. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE USER TERMS HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE LIMITATIONS IN THESE USER TERMS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO, THAT THE PARTIES HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THESE USER TERMS WOULD BE SUBSTANTIALLY DIFFERENT.
9. Disclaimer.
The information, recommendations and/or services provided to you on or through the CARHELPLINE APPLICATION is for general informational purposes only and does not constitute advice. CARHELPLINE APPLICATION does not guarantee continuous, uninterrupted access to the CARHELPLINE APPLICATION / CARHELPLINE ROADSIDE ASSISTANCE SERVICES. Although CARHELPLINE APPLICATION attempts to maintain the integrity and accuracy of the information accessible through the CARHELPLINE APPLICATION, we make no guarantees as to its correctness, completeness, or accuracy. Portions of the CARHELPLINE APPLICATION may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the CARHELPLINE APPLICATION by other users, service providers or third parties without CARHELPLINE APPLICATION ’s knowledge. CARHELPLINE APPLICATION cannot and does not guarantee that (the contents of) the CARHELPLINE APPLICATION (including the CARHELPLINE APPLICATION carhelpline.pk website are free of errors, defects, malware and viruses. CARHELPLINE APPLICATION reserves the right to cancel any payment, even if it has been previously confirmed by us in writing, as a result of incorrect or mistaken pricing or product or service description or other error. If we do cancel a payment, you will receive a full refund or credit as appropriate and you acknowledge and agree that a refund or credit is your sole remedy.
The quality of the roadside assistance services requested through the use of the CARHELPLINE APPLICATION is entirely the responsibility of the Service Provider (Provider/Roadside Assistant) who ultimately provides such services to you.
CARHELPLINE APPLICATION under no circumstance accepts liability in connection with and/or arising from the services provided by the Service Provider or any acts, action, behavior, conduct, and/or negligence on the part of the Service Provider and you hereby agree to release CARHELPLINE / CARHELPLINE APPLICATION from all liability and claims arising from the foregoing. Any complaints about the roadside assistance services provided by the Service Provider should therefore be submitted to the Service Provider.
CARHELPLINE / CARHELPLINE APPLICATION AND ITS AFFILIATES PROVIDE THE CARHELPLINE APPLICATION “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE CARHELPLINE APPLICATION IS AT YOUR SOLE RISK AND THAT CARHELPLINE / CARHELPLINE APPLICATION AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT: (i) YOUR USE OF THE CARHELPLINE APPLICATION WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE CARHELPLINE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE CARHELPLINE APPLICATION WILL BE ACCURATE OR RELIABLE; AND (iv) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS A PART OF THE CARHELPLINE APPLICATION WILL BE CORRECTED. CARHELPLINE / CARHELPLINE APPLICATION AND ITS AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CARHELPLINE / CARHELPLINE APPLICATION OR ITS AFFILIATES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
10. License Grant, Restrictions and Copyright Policy.
For purposes of these User Terms, the following definitions apply:
“Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the RECOVERY APPLICATION mobile application), opinion, remarks, comments, artwork, links, questions, suggestions, information or other materials.
CARHELPLINE / CARHELPLINE APPLICATION Content” means Content owned or used by CARHELPLINE / CARHELPLINE APPLICATION , its affiliates or licensors and made available through the CARHELPLINE APPLICATION (including the CARHELPLINE carhelpline.pk website and CARHELPLINE APPLICATION), including any Content licensed from a third party, but excluding User Content.
“User Content” means Content that a CARHELPLINE website or CARHELPLINE APPLICATION user posts, uploads, publishes, submits or transmits to be made available on the CARHELPLINE website or through the CARHELPLINE APPLICATION.
“Collective Content” means, collectively, CARHELPLINE / CARHELPLINE APPLICATION Content and User Content.
Subject to your compliance with these User Terms, CARHELPLINE / CARHELPLINE APPLICATION grants you a limited, non-exclusive, non-transferable license:
to view, download and print any CARHELPLINE / CARHELPLINE APPLICATION Content solely for your personal and non-commercial purposes; and to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You may not use, copy, adapt, modify, create derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the CARHELPLINE / CARHELPLINE APPLICATION or Collective Content, except as expressly permitted in these User Terms. You may not reuse any Collective Content without first obtaining the written consent of CARHELPLINE APPLICATION . No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CARHELPLINE / CARHELPLINE APPLICATION or its licensors, except for the licenses and rights expressly granted in these User Terms.
11. License Granted by User.
We may, in our sole discretion, permit users to post, upload, publish, submit or transmit User Content on the RECOVERY APPLICATION Service. User Content will be deemed non-confidential and non-proprietary. Accordingly, CARHELPLINE / CARHELPLINE APPLICATION shall have the right and you hereby grant CARHELPLINE / CARHELPLINE APPLICATION the non-exclusive, royalty-free, perpetual right to use, copy, publicly display, publicly perform, modify, create derivative works of and otherwise use or exploit, for any purpose, in any medium and throughout the world, any Content that you post, upload, publish, submit or transmit to be made available on the CARHELPLINE website or through the CARHELPLINE APPLICATION (“License Grant”). You represent and warrant that any Content posted or transmitted by you does not and will not infringe any third party rights, including any intellectual property rights, rights of privacy or personality rights and does not contain any defamatory content. Furthermore, you represent and warrant that you have obtained all necessary permission to post any such Content and to grant CARHELPLINE /CARHELPLINE APPLICATION the rights granted in the License Grant without restriction.
You acknowledge that CARHELPLINE / CARHELPLINE APPLICATION only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. CARHELPLINE APPLICATION does not continuously monitor User Content published by you or any other user or moderate between users and CARHELPLINE / CARHELPLINE APPLICATION is under no obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of CARHELPLINE APPLICATION . Any use by you of the User Content is entirely at your own risk.
You agree to indemnify and hold harmless CARHELPLINE / CARHELPLINE APPLICATION , its affiliates and licensors against all costs, expenses, damages, losses and liabilities incurred or suffered by CARHELPLINE /CARHELPLINE APPLICATION or its affiliated companies related to any Content posted or transmitted by you or your other use of the CARHELPLINE / CARHELPLINE APPLICATION.
CARHELPLINE / CARHELPLINE APPLICATION reserves the right at its sole discretion to block or remove (in whole or in part) any User Content which CARHELPLINE /CARHELPLINE APPLICATION believes is not in accordance with these User Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to CARHELPLINE /CARHELPLINE APPLICATION .
12. CARHELPLINE APPLICATION Mobile Application License.
Subject to your compliance with these User Terms, CARHELPLINE / CARHELPLINE APPLICATION grants you a limited non-exclusive, non-transferable license to use the CARHELPLINE mobile application and to access the CARHELPLINE APPLICATION via a mobile device or computer that you own or control and to run such copy of CARHELPLINE APPLICATION solely for your own personal use.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the CARHELPLINE APPLICATION in any way; (ii) modify or make derivative works based upon the CARHELPLINE or CARHELPLINE APPLICATION; (iii) create Internet “links” to the Service or “frame” or “mirror” the CARHELPLINE mobile application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the RECOVERY APPLICATION mobile application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the CARHELPLINE Website / CARHELPLINE APPLICATION, or (c) copy any ideas, features, functions or graphics of the CARHELPLINE or CARHELPLINE APPLICATION, or (v) launch an 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, or unduly burdens or hinders the operation and/or performance of the CARHELPLINE or CARHELPLINE APPLICATION.
You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the CARHELPLINEAPPLICATION or the data contained therein; or (v) attempt to gain unauthorized access to the CARHELPLINE APPLICATION or its related systems or networks/platforms.
CARHELPLINE /CARHELPLINE APPLICATION will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. CARHELPLINE / CARHELPLINE APPLICATION may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that CARHELPLINE / CARHELPLINE APPLICATION has no obligation to monitor your access to or use of the RECOVERY CARHELPLINE or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the CARHELPLINE APPLICATION, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. CARHELPLINE APPLICATION reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that CARHELPLINE APPLICATION , at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the CARHELPLINE APPLICATION.
13. Intellectual Property Ownership.
CARHELPLINE / CARHELPLINE APPLICATION (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to the CARHELPLINE (including the CARHELPLINE USER APPLICATION, CARHELPLINE Website carhelpline.pk and CARHELPLINE PROVIDER APPLICATION) and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the RECOVERY APPLICATION Service, in which you hereby assign all rights, title and interest to CARHELPLINE / CARHELPLINE APPLICATION.
These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the CARHELPLINE / CARHELPLINE APPLICATION or any intellectual property rights owned by CARHELPLINE / CARHELPLINE APPLICATION . CARHELPLINE’s name, logo, and the product names associated with the CARHELPLINE / CARHELPLINE APPLICATIONS are trademarks of CARHELPLINE , its affiliated companies or third parties, and no right or license is granted to use them.
14. App Store Sourced Application.
With respect to any application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), you agree that you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. CARHELPLINEAPPLICATION reserves all rights in and to the application not expressly granted to you under these User Terms.
You acknowledge and agree that (i) these User Terms are valid between you and CARHELPLINE APPLICATION only, and not Apple, and (ii) CARHELPLINE APPLICATION , not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will, where applicable, refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between CARHELPLINE APPLICATION and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of CARHELPLINE APPLICATION .
You and CARHELPLINE APPLICATION acknowledge that, as between CARHELPLINE APPLICATION and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and CARHELPLINE APPLICATION acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between CARHELPLINE APPLICATION and Apple, CARHELPLINE APPLICATION, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
You and CARHELPLINE APPLICATION acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries relating to your license of the App Store Sourced Application, and that, upon your acceptance of these User Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the rights under these User Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
Without limiting any other provisions of these User Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
15. Third Party Interactions.
During the use of the CARHELPLINE APPLICATION Service, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the CARHELPLINE APPLICATION and are beyond CARHELPLINE APPLICATION ’s control.
During use of the CARHELPLINE APPLICATION, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through a link on the CARHELPLINE APPLICATION. These links take you off the CARHELPLINE APPLICATION and are beyond CARHELPLINE / CARHELPLINE APPLICATION ’s control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. CARHELPLINE / CARHELPLINE APPLICATION is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit or access these websites entirely at your own risk.
Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.
16. Termination of the Agreement.
The agreement between CARHELPLINE /CARHELPLINE APPLICATION and you embodied by these User Terms may be terminated at any time.
If you wish to terminate the Agreement, you must permanently delete the CARHELPLINE APPLICATION installed on your smart phone, thus disabling your use of the CARHELPLINE APPLICATION.
CARHELPLINE / CARHELPLINE APPLICATION is entitled to terminate the Agreement at any time and with immediate effect (by disabling your use of the CARHELPLINE APPLICATION or CARHELPLINE APPLICATION SERVICES). CARHELPLINE / CARHELPLINE APPLICATION is not obliged to give notice of the termination of the Agreement in advance. After termination CARHELPLINE / CARHELPLINE APPLICATION will give notice thereof if required by these User Terms.
17. Invalidity of one or more provisions.
If any provision of these User Terms should be held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render these User Terms (as modified) legal and enforceable to the maximum extent permitted under applicable laws.
18. Modification of the Service and User Terms.
CARHELPLINE / CARHELPLINE APPLICATION may change these User Terms and will post the modified terms (which shall then become the agreement between you and CARHELPLINE /CARHELPLINE APPLICATION ) with the new effective date listed above. CARHELPLINE /CARHELPLINE APPLICATION will also give you prior notice that the User Terms have been changed using the contact information provided by you. Therefore, you agree to keep your account information up-to-date. CARHELPLINE /CARHELPLINE APPLICATION also encourages you to check the terms of these User Terms from time to time to see if they have been updated. If you do not agree to the modified User Terms, your sole recourse is to stop using the CARHELPLINE APPLICATION 0R ANY OF CARHELPLINE SERVICES. Your continued use of the CARHELPLINE /CARHELPLINE APPLICATION & or ITS SERVICES after the date the modified User Terms are posted will constitute your acceptance of the modified User Terms.
19. Notice.
CARHELPLINE /CARHELPLINE APPLICATION may give notice by means of a general notice on the CARHELPLINE WEBSITE / CARHELPLINE APPLICATION, or by electronic mail to your email address on record in CARHELPLINE APPLICATION ’s account information, or by written communication sent by regular mail to your address on record in CARHELPLINE SIGN UP’s account information.
20. Assignment.
You may not assign your rights under these User Terms without prior written approval of CARHELPLINE APPLICATION .
21.
YOU ACKNOWLEDGE THAT NEITHER CARHELPLINE NOR ITS AFFILIATES PROVIDE ROADSIDE ASSISTANCE SERVICES OR LOGISTICS SERVICES OR FUNCTION AS A SERVICE PROVIDER OR AUTO PARTS SUPPLIER AND THAT ALL SUCH ROADSIDE ASSISTANCE SERVICES ARE PROVIDED BY YOU AS AN INDEPENDENT THIRD PARTY CONTRACTOR WHO IS NOT EMPLOYED BY CARHELPLINE OR ANY OF ITS AFFILIATES.
22.
License:
Subject to your compliance with this Agreement, CarHelpline grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to:
(i) access and use the CarHelpline Platform on your device solely to provide Roadside Assistance Services to Users; and
(ii) access and use any content, information and related materials that may be made available to you through the CarHelpline Platform, in each case solely to provide Roadside Assistance Services to Users. Any rights not expressly granted herein are reserved by CarHelpline and CarHelpline's licensors.
23.
b) Restrictions
You may not:
(i) remove any copyright, trademark or other proprietary notices from any portion of the CarHelpline Platform;
(ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the CarHelpline Platform except as expressly permitted by CarHelpline;
(iii) decompile, reverse engineer or disassemble the CarHelpline Platform except as may be permitted by applicable law;
(iv) link to, mirror or frame any portion of the CarHelpline Platform;
(v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the CarHelpline Platform or unduly burdening or hindering the operation and/or functionality of any aspect of the CarHelpline Platform; or
(vi) attempt to gain unauthorized access to or impair any aspect of the CarHelpline Platform or its related systems or networks.
c) Ownership
The CarHelpline Platform and all rights therein are and shall remain CarHelpline’s property or the property of CarHelpline’s licensors. Neither this Agreement nor your use of the CarHelpline Platform convey or grant to you any rights:
(i) in or related to the CarHelpline Platform except for the limited license granted above; or
(ii) to use or reference in any manner CarHelpline’s company names, logos, product and service names, trademarks or services marks or those of CarHelpline’s licensors.
d) Service Providers Accounts
In order to use the CarHelpline Platform, you must register for and maintain an active personal user account (“Account”).You must have no criminal convictions, no incidents of driving without a driving license or without necessary insurance, you must not have been involved in any falony and have no history of endergement of any ones property or assets. Account registration requires you to submit to CarHelpline certain personal information, such as your name, address, mobile phone number and age. Our collection and use of personal information in connection with the CarHelpline Platform is as provided in CarHelpline’s Privacy Policy located at carhelpline.pk.
Further to the information provided in the Privacy Policy regarding personal information sharing and transfers, you agree to CarHelpline:
(i) collecting information about you, including your roadside assistance & work history, security information and other records related to your ability to perform services as a CarHelpline Service Provider and
(ii) providing to a claims processor any necessary information (including your contact information) if there is a complaint, dispute or conflict, which is necessary to resolve the complaint, dispute or conflict. You agree to maintain accurate, complete, and up-to-date information in your Account, and to submit all required information in order to allow CarHelpline and its Affiliates to communicate with you as needed. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the CarHelpline Platform or CarHelpline’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by CarHelpline in writing, you may only possess one Account.
e)Performance Reviews
CarHelpline reserves the right to review your performance from time to time while you are providing Roadside Assistance Services, and in some cases, such a review may be carried out anonymously by C arHelplinepersonnel or by an independent third party contracted by CarHelpline.
You understand and agree that we may collect personal information about you, including but not limited to images and videos, during such a review. As a result of any such review, we may restrict your access and use of the CarHelpline Platform and/or terminate this Agreement with you.
f) Customer Care
You will provide roadside assistance services to CarHelpline Users safely to their required destination without accident, collision, harassment or injury caused by you or any third party.
You will not:
(i) engage in reckless behaviour while performing roadside assistance services
(ii) provide roadside services to a vehicle that is unsafe or parked wrongly
(iii)permit an unauthorized third party to accompany you to provide roadside assistance services to CarHelpline User
(iv) while acting as a CarHelpline Service Provider be under the influence of alcohol or narcotics, or
(v) take any action or omit to take any action that harms or threatens to harm the safety of Users, their Vehnicle (Car) or any third party.
(vi) The quality of the help service depends on the way the application or the entire service is based on the service provider that ultimately provides you with roadside assistance. Under no circumstances shall CarHelpline be liable for any Road Assistance Services provided by or arising from the Service Provider, CarHelpline accepts no responsibility for any actions, actions, behavior, negligence, or all of the above, by the roadside service provider. Any complaints about roadside assistance services should be provided to the service provider.
CarHelpline Services
CarHelpline reserves the right, at its sole discretion, at any time to: Change the Services or any related materials; and / or stop the deployment of its services.
If CarHelpline decides to discontinue its service, it may voluntarily replace the Services with other similar materials.
g)Training
You understand and agree that CarHelpline may interview and provide training to you from time to time. Any such training which CarHelpline provides will be without prejudice to your obligations under this Agreement and CarHelpline will have no responsibility or liability for your acts, performance or behaviour.
h)Good Condition
You represent, warrant and undertake that you will provide Roadside Assistance Services to Users Vehnicle on the Road which is:
(i) to the best of your technical knowledge & expertise in the service requested.
(ii) Complies with relevant regulations issued by the transportation & other government authority in the jurisdiction in which you provide Roadside Assistance Services as a CarHelpline Service Provider.
22. Limitation of Liability
CarHelpline makes no warranty, implied or implied, regarding the Services, as they are all provided "as is".
CarHelpline disclaims, to the fullest extent possible under the law, all warranties, including, but not limited to, warranties of fitness for a particular purpose, appropriate to certain specifications and markets, and the enforceability of property rights for sale.
CarHelpline does not guarantee the accuracy, content, or timing of the Services or the results that the Services User may or may not have.
CarHelpline, its agents, licensors, or affiliates shall not be liable in any event for direct or indirect damages, penalties, special damages or incidental or consequential damages (including, but not limited to, loss of profits, Business loss, loss of business information or other financial losses) arising directly or indirectly from access to and use (or failure to use) or rely on.
Security
You acknowledge that you are solely responsible for the privacy of the Services and are solely responsible for their use by anyone else using your account and / or username, password or access credentials.
You agree to notify CarHelpline if you become aware of any loss, theft, or unauthorized use of any password, user name, IP address, or other access to the Services
23. Applicable law and dispute resolution
The terms of the applicable User shall be governed by the applicable laws and regulations of Lahoer, Pakistan and shall be interpreted in accordance with the laws and regulations applicable in Lahore, Pakistan and shall be applied in the settlement of any dispute, claim or dispute arising out of or relating to the terms of the user in question, any violation thereof, termination, implementation, interpretation, to her.
24. English Text
The English text of these User Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.
25. Contact Us
If you have any questions about the User Terms of the CARHELPLINE APPLICATION , please contact us at:
[email protected]
