Terms & Conditions
Last Updated: 15th March 2021
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the products or services (the “Services”) offered by MENA Technologies, Inc. or its affiliates which include MENA Assistance, Inc., The Roadside Assistance Co. L.L.C. and CarPal, Inc. (collectively, “CarPal”, “we”, “us” or “our”) constitute your agreement to be bound by these Terms mentioned herein, which establish a contractual relationship between you and CarPal. If you do not agree to these Terms, you may not access or use the Services offered by us.
These Terms expressly supersede prior agreements or arrangements with you and us. After providing notice to the user, we can immediately terminate these Terms or any Services with respect to you, or generally, cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, and are in addition to, and shall be deemed a part of, the Terms for the applicable Services. The supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
We may amend the Terms related to the Services from time to time. Amendments will be effective upon posting of such updated Terms by us at this location or the amended policies or supplemental terms on the applicable service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms as amended.
1. THE SERVICES
1.1 The Services comprise a technology platform that enables users of CarPal mobile application to arrange and schedule a roadside assistance service for a vehicle with independent third-party providers of such services under Agreement with CarPal (hereinafter “3rd Party Providers”).
1.2 You hereby acknowledge that CarPal does not provide towing services and that all such towing services are provided by independent 3rd Party Providers who are not employed by CarPal.
2. USE OF THE CARPAL SERVICE
2.1 USER ACCOUNT
2.1.1 To use most aspects of the Services, you must register for and maintain an active personal user account (the “Account”) on the CarPal.
2.1.2 Account registration requires you to submit to CarPal certain personal information, such as your name, email address and mobile phone number.
2.1.3 You agree to maintain accurate, complete, and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access and use the Services.
2.1.4 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.
2.2 USER CONDUCT
2.2.1 You may not authorise a third party to use your account, and you may not allow persons under the age of 18 to receive roadside assistance services from 3rd Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the 3rd Party Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you fail to provide proof of identity.
2.3 USER-PROVIDED CONTENT
2.3.1 CarPal may, at its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to CarPal through the Service textual, audio, and/or visual content and information, including commentary and feedback related to the Services (“User Content”). Any User Content provided by you remains your property. You represent and warrant that: (i) you are the sole and exclusive owner of all User Content; and (ii) the User Content nor your submission, uploading, publishing or otherwise making available of such User Content will infringe, or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
2.3.2 You agree not to provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by CarPal in its sole discretion, whether or not such material is protected by law. CarPal may, but shall not be obligated to, review, monitor, or remove User Content, at its sole discretion and at any time and for any reason, without notice to you.
3.1 You understand that use of the Services may result in charges to you for the services or goods you receive from a 3rd Party Provider (“Charges”). After you have received services or goods obtained through your use of the Service, CarPal will facilitate your payment of the applicable Charges by cash or through Visa or Mastercard debit and credit cards. You will be charged once 3rd Party Provider has confirmed that the service has been delivered. The Company will not seek confirmation from you that the service has been provided before processing payment.
3.2 Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable unless otherwise determined by CarPal.
3.3 All Charges are due immediately, and payment will be facilitated by CarPal using the preferred payment method designated in your account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that CarPal may accept a request from you for payment through cash. Any payment through cash must be agreed in advance with CarPal.
3.4 As between you and CarPal, CarPal reserves the right, and at its sole discretion, to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services. CarPal will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your account regardless of your awareness of such Charges or the amounts thereof.
3.5 This payment structure is intended to fully compensate for the services or goods provided. You understand and agree that, while you are free to provide additional payment as a gratuity to any 3rd Party Provider who provides you with services or goods obtained through the service, you are under no obligation to do so. Gratuities are voluntary.
3.6 After you have received services or goods obtained through the service, you will have the opportunity to rate your experience with parties involved in providing service. You shall provide your ratings in good faith, and the use of derogatory terms or expletives is strictly forbidden.
3.7 In case of a change in the type of service resulting from the Customer’s incorrect information, which resulted in an increased cost of service, the Customer will be requested to make the additional payment to avail of the service.
4. CANCELLATION POLICY
Customers can cancel their requested services any time before Recovery Operator reaches the Customer location by providing the appropriate reason for cancelling the service. CarPal will process the full refund of the paid amount to the Customer in case of cancellation of service. In case the Customer is not found at the location of requested service when Recovery Operator reaches the location, the Recovery Operator will cancel the service and mark it as Unsuccessful; we’ll refund the Customer only 50% of the paid amount for these ‘Gone on Arrival’ cases. If the reason for Unsuccessful service is ‘Wrong Issue Reported’ by Customer, CarPal will not refund any paid amount to the Customer. For Unsuccessful service with any other reason, we’ll refund 100% of the paid amount to the Customer. CarPal will try but not mandates the provision of another 3rd Party Service Provider and/or Recovery Operator if assigned 3rd Party Service Provider or Recovery Operator declined the service. In case another 3rd Party Service Provider and/or Recovery Operator is assigned, the Customer will not be asked to make the payment again.
5.1 CarPal is committed to your privacy. This privacy notice explains our collection, use, disclosure, retention, and protection of your personal information.
5.2 Credit/debit card details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties;
5.3 CarPal will not pass any debit/credit card details to third parties;
5.4 CarPal takes appropriate steps to ensure data privacy and security, including through various hardware and software methodologies. However, CarPal cannot guarantee the security of any information that is disclosed by the users on the internet.
5.5 CarPal is not responsible for the privacy policies of websites to which it links in respect of the services provided. If you provide any information to such third parties, different rules regarding the collection and use of your personal information may apply. You should contact these entities directly if you have any questions about their use of the information that they collect.
5.6 Website/Mobile Applications Policies and Terms & Conditions may be changed or updated occasionally to meet the requirements and standards. Therefore, the Customers’ are encouraged to frequently visit these sections to be updated about the changes on the website/mobile applications. Modifications will be effective on the day they are posted.
6. RESTRICTIONS ON SERVICE
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services; (iii) decompile, reverse engineer or disassemble the Services; (iv) cause or launch any programs or scripts for scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorised access to or impair any aspect of the Services.
The Services and all rights therein are and shall remain the property of CarPal. Neither these Terms nor your use of the Services conveys or grants any rights to you: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner CarPal’s company name, logos, product and service names, trademarks or services marks.
The Services Are Provided “As Is” and “As Available”. CarPal disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-Infringement. Also, CarPal makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any Service, or that the services will be uninterrupted or error-free. CarPal does not guarantee the quality, suitability, safety or ability of 3rd party service providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
9. LIMITATION ON LIABILITY
CarPal shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services. CarPal shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any 3rd party provider. CarPal shall not be liable for delay or failure in performance resulting from causes beyond its reasonable control. In no event shall CarPal’s total liability to you in connection with the services for all damages, losses and causes of action exceed the amount payable by you for using that CarPal service. CarPal’s services may be used by you to request and schedule roadside assistance services with 3rd party service providers. Still, you agree that CarPal has no responsibility or liability to you related to any roadside services provided to you by 3rd party service providers other than as expressly outlined in these terms. The limitations and disclaimer in this agreement do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
You agree to indemnify and hold CarPal and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) CarPal’s use of your User Content; or (iv) your violation of the rights of any third party, including 3rd party service providers.
11. TERM AND TERMINATION
11.1 This Agreement shall commence on the date accepted by you and shall continue until terminated as set forth herein.
11.2 Either Party may terminate this agreement: (a) immediately, without notice, for the other party’s material breach of this agreement; or (b) in your case by terminating your account or uninstalling the Mobile App.
11.3 Notwithstanding anything contained herein CarPal can immediately terminate these Terms or any Services with respect to the user, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason
Any notice delivered by the Company to you under this agreement will be delivered by email to the email address associated with your account. Any notice delivered by you to the Company under this agreement will be delivered by contacting Company at the “Contact Us” section of the website/mobile app.
This agreement shall be governed by and construed in accordance with the law of the UAE. The Parties hereby submits to the exclusive jurisdiction of the UAE Courts.