Terms & Conditions Mobile
Blink My Car Inc. and its affiliates (“BMC”, “we”,”us”,”our”) is pleased to provide you (“User”, you”, “your”) access to its services (detailed below) subject to the following Terms and Conditions (“Terms”).
PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING THE SERVICES AS YOUR USE OR ACCESS OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THE TERMS.
Our services (“Services”) constitute providing you with a platform as a means to book car washing services provided by third parties (“Service Providers”) via our mobile application (“App”), website (“Site”), and all other content created for this purpose (“Content”) (collectively (“Platform”). You expressly agree that BMC does not provide car washing services, but only connects the Users with Service Providers.
We reserve the right to amend these Terms at any time and in our sole discretion. Any amendments are effective from the date that they are posted and your continued use of the Services will be deemed your consent of the Terms. The date of the most recent amendment will be posted at the top of this page. These terms will be viewable at www.blinkmycar.com/terms-conditions/.
Headings & section titles on this page are for convenience and do not define, limit, or extend any provision of the Terms.
In order to use the Services, you must create a User Account. By creating this account, you represent and agree that:
– You are capable of entering into binding contracts and legally entitled to accept these Terms;
– You have the legal right to use and request our Services;
– You are authorized, or have the permission of the authorized signatory of the credit card or charge card provided to BMC, to pay any charges incurred from the use of the Services; you will provide and maintain true, accurate, current and complete information about yourself and your payment methods;
– You will maintain the confidentiality of your password and account;
– You accept responsibility for all activities that occur under your account, whether authorized or not;
– You are responsible for ensuring compliance with local laws related to your use of the Services;
– You will use the Services for lawful purposes only;
– You agree that the Services may send you informational text messages (SMS, MMS, or any other digital text messages via the internet) as part of the normal business operation of your use of the Services;
– You will not use the Services for any commercial purpose without BMC’s prior written consent;
– You will not upload any materials that plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights;
– You will not copy or distribute the Platform without our written permission;
– You will not impair, disrupt, burden or harm the proper use and functioning of the Services in any way;
– You may not reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by BMC;
– You will not decompile, reverse engineer or disassemble the Services; and
– You will not gain or attempt to gain unauthorized access to the Platform for any reason.
You agree that BMC will not be liable for any loss or damage of any kind incurred as a result of, or in connection with, your violation of this section and that BMC can suspend or terminate your account in its sole discretion and reserves the right to pursue legal action for any violation of the Terms.
The fee for the provision of the Services will be charged to you once we confirm that the services have been delivered. You will make the payment of the said fee immediately as it is due and payable once we confirm that the services have been delivered. The fee for any new request can be changed at any time and without notice. Payment will be made in the same manner as it was displayed to you after services have been completed. Fees will be inclusive of applicable taxes where required by law and are final and non-refundable, unless we determine otherwise. This payment structure is intended to fully compensate the Service Provider for the services provided.
Cancellation and Refund
Charges paid by you are final and non-refundable. You may cancel free of charge if such cancellation is made 24 hours prior to date booked for any of the Services provided by BMC. Any cancellation requested after the 24 hours’ time frame shall not be valid. The Cancellation and Refund policy applies to all Services.
No claim, in relation to the provision of the services, brought against us will be valid if we receive it more than 48 hours after delivery of the Services.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you are responsible for such rates and fees. We in no way guarantee that the Services, or any portion thereof, will function on any particular hardware or devices.
Our Services may be subject to limitations due to problems inherent in the use of the Internet and electronic communications. However as these limitations are out of our control, we will not accept any responsibility for delays, delivery failures, or other damage resulting from such limitations.
User Uploaded Content
We may, in our sole discretion, permit User to post, upload, publish, submit or transmit text, graphics, images, music, software (excluding the Application), audio, video, information or other materials (“User Content”) to the Site, App or Service.
By making any User Content available on or through the Site, App or Service, you hereby grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty- free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the App, Site or Service.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the App, Site or Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Service or Application or you have all rights, licenses, consents and releases that are necessary to grant us and to the rights to the User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or our use of the User Content (or any portion thereof) on, through or by means of the App, Site or Service will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Office Foreign Assets Control (OFAC) Sanctioned Countries
We will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific.
We alone (and our licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to the App, Site and Service and any suggestions, ideas, enhancement requests, feedback, recommendations, adaptations, improvements, or derivative works or other information provided by you or any other party relating to the App, Site and Service. These Terms do not convey to you any rights of ownership in or related to the App, Site or Service, or any intellectual property rights we own. Our name, logo and the product names associated with the App, Site and Services are trademarks of BMC or third parties, and no right or license is granted to use them.
Third Party Sites
From time to time, the Services may contain links to and content from, and be made available or accessed in connection with third party services that we do not control. You acknowledge that they have different terms and conditions and privacy policies that may apply to your use. These links and content are provided for your convenience and do not constitute any endorsement by us. Those third parties retain full responsibility for all materials submitted as well as any act or omission on their part.
We reserve the right to suspend or terminate your User Account at any time for any reason we deem fit. However, clauses regarding Limitation of Liability, Waiver and Release, Warranty/Disclaimer and Indemnification will survive any suspension or termination of your User Account for a period of 2 years.
You agree to indemnify, defend and hold harmless BMC, its officers, directors, employees, agents, information providers, Service Providers and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these Terms, breach of your representations contained herein, or any activity related to your User Account (including infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct and links to third party sites or programs) by you or any other person accessing the site or the app using the account.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND COVENANTS, EXPRESS, STATUTORY OR IMPLIED, RELATING TO THE SERVICES. THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND, BY US, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES OR THAT THE SERVICES WILL BE UN-INTERRUPTED OR ERROR-FREE. WE DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS.
YOU EXPRESSLY AGREE THAT ALL RISK ARISING OUT OF YOUR USE OF OUR SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIUMUM EXTENT PERMITTED UNDER APLICABLE LAW.
BMC ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED ON THE SITE OR APP BY ANY USER.
WAIVER AND RELEASE
YOU AGREE THAT NEITHER BMC NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE, THE APP, THE SERVICES, OR THE CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT BMC SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST BMC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF BMC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE, THE APP, THE SERVICES, OR THE CONTENT. YOU FURTHERMORE EXPRESSLY ACKNOWLEDGE THAT THE SERVICE PROVIDERS MAY NOT BE LICENSED BY THE AUTHORITIES OF YOUR LOCATION.
LIMITATION OF LIABILITY
NOTWITHSTANDING THE FOREGOING PARAGRAPH BMC WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, BUSINESS INTERRUPTION, OR COSTS OF REPLACEMENT GOODS, (i) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES (ii) RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, OR (iii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND A SERVICE PROVIDER, EVEN IF BMC MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. BMC’S LIABILITY WOULD IN SUCH CASE BE LIMITED TO THE CAP OF LIABILITY INDICATED BELOW.
IN NO EVENT WILL OUT TOTAL LIABILITY TO YOU IN CONNECTION WITH THE USE OF THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN AGGREGATE, $300 (THREE-HUNDRED U.S. DOLLARS).
These Terms shall be governed by and construed in accordance with the laws of Lebanon.
The parties submit all their disputes arising out of or in connection with these Terms to the exclusive jurisdiction of the Courts of Lebanon.
Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”), you may have shall be first, mandatorily, submitted to mediation proceedings by a mediator appointed by St Joseph University, Professional Center of Mediation, Lebanon, or its successor. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted, such Dispute can be referred to and shall be exclusively and finally resolved by the courts of Lebanon.