Terms & Conditions Agreement (Towr User)
Last Updated: 2nd January 2020
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE
SERVICES.
Your access and use of the Services constitutes your agreement to be
bound by these Terms mentioned herein, which establish a contractual
relationship between you and Towr. If you do not agree to these Terms,
you may not access or use the Services.
These Terms expressly supersede prior agreements or arrangements with
you and Towr. After providing a notice to the user, Towr 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 purposes of the
applicable Services. The supplemental terms shall prevail over these
Terms in the event of a conflict with respect to the applicable
Services.
Towr may amend the Terms related to the Services from time to time.
Amendments will be effective upon Towr’s posting of such updated Terms
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
Towr’s mobile application to arrange and schedule a towing service for
a vehicle with independent third party providers of such services
under agreement with Towr (hereinafter “3rd Party Providers”).
1.2 You hereby acknowledge that Towr does not provide towing services
and that all such towing services are provided by independent 3rd
Party Providers who are not employed by Towr.
1.3 Towr will not trade or provide services to OFAC and sanctioned
countries.
2. USE OF THE Towr SERVICE
2.1 USER ACCOUNT
2.1.1 In order to use most aspects of the Services, you must register
for and maintain an active personal user account (the “Account”) on
the Towr Portal LLC website www.Towr.me.
2.1.2 Account registration requires you to submit to Towr certain
personal information, such as your name, email 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 towing 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 Towr may, at its sole discretion, permit you from time to time
submit,upload, publish or otherwise make available to Towr 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 to not provide User Content that is defamatory,
libelous, hateful, violent, obscene, pornographic, unlawful, or
otherwise offensive, as determined by Towr in its sole discretion,
whether or not such material is protected by law. Towr 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. PAYMENT
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, Towr will facilitate your payment of
the applicable Charges on behalf of the 3rd Party Provider in its
capacity as limited payment collection agent. Payment of the Charges
in such manner shall be considered the same as payment made directly
by you to the 3rd Party Provider.
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 Towr.
3.3 All Charges are due immediately and payment will be facilitated by
Towr using the preferred payment method designated in your Account,
after which Towr will send you a receipt by email. If your primary
Account payment method is determined to be expired, invalid or
otherwise not able to be charged, you agree that Towr may, as the 3rd
Party Provider’s limited payment collection agent, accept a request
from you for payment through cash. Any payment through cash must be
agreed in advance with Towr and the 3rd Party Provider.
3.4 The Towr service supports both Visa and MasterCard debit and
credit cards and deductions will be made in United Arab Emirates
Dirham (AED). Cardholders must retain a copy of their transaction
records and the Towr User T&C.
3.5 As between you and Towr, Towr 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. Towr 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.
3.6 This payment structure is intended to fully compensate the 3rd
Party Provider 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.
3.7 After you have received services or goods obtained through the
Service, you will have the opportunity to rate your experience and
leave additional feedback about your 3rd Party Provider. You shall
provide your ratings and feedback in good faith and the use of
derogatory terms or expletives is strictly forbidden.
4. CANCELLATION POLICY
Customers can cancel their requested services within 30 min of
requesting any towing service. There shall be two types of
cancellation of the requested services, i.e., (i) if the driver has
not accepted the service, then the user can cancel the same via the
Towr application; (ii) if the driver has accepted the service, then
the requested services can be cancelled only by contacting the call
center and confirming their need to cancel.
5. PRIVACY
5.1 Towr 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 Towr will not pass any debit/credit card details to third parties;
5.4 Towr takes appropriate steps to ensure data privacy and security
including through various hardware and software methodologies. However
Towr (www.Towr.me) cannot guarantee the security of any information
that is disclosed by the users on the internet.
5.5 Towr 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 The Website 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. 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 the purpose of 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 unauthorized access to or impair any aspect of
the Services.
7. OWNERSHIP
The Services and all rights therein are and shall remain the property
of Towr. Neither these Terms nor your use of the Services convey or
grant to you any rights: (i) in or related to the Services except for
the limited license granted above; or (ii) to use or reference in any
manner Towr’s company name, logos, product and service names,
trademarks or services marks.
8. DISCLAIMER
The Services Are Provided “As Is” and “As Available”. Towr disclaims
all representations and warranties, express, implied or statutory, not
expressly set out in these terms, including the implied warranties of
merchantability, fitness for aparticular purpose and non-Infringement.
In addition, Towr makes no representation, warranty, or guarantee
regarding the reliability, timeliness, quality, suitability or
availability of the services or any Services, or that the services
will be uninterrupted or error-free. Towr does not guarantee the
quality, suitability, safety or ability of 3rdparty 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
Towr 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. Towr 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. Towr shall not be liable for delay or failure in
performance resulting from causes beyond its reasonable control. In no
event shall Towr’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 the using that Towr service. Towr’s services
may be used by you to request and schedule towing services with 3rd
party providers, but you agree that Towr has no responsibility or
liability to you related to any towing services provided to you by 3rd
party providers other than as expressly set forth in these terms. It
is further clarified that Towr shall only be performing its nominal
role of an aggregator of the towing services providers for the users.
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.
10. INDEMNITY
You agree to indemnify and hold Towr 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) Towr’s use of your User Content; or (iv)
your violation of the rights of any third party, including 3rd Party
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 Towr 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
12. NOTICES
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 .
13. JURISDICTION
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.