motorcar tuning service Terms of Use
Effective: 01 January, 2020
Preamble
These motorcar tuning service Terms of Use form the Service Agreement (hereinafter referred to as the “Agreement”) between you as the User and motorcar tuningservice (hereinafter referred to as the “motorcar tuning”). By using the motorcar tuning you represent to us that you are legally competent to enter into this Agreement.
For the purposes of this Agreement and the legal relationship between motorcar tuning and the Users the following terms will have the meanings given to them below:
User – an individual / a legal entity as Internet user who intends to use the services provided by the motorcar tuning;
Services – all available functions and opportunities of the motorcar tuning including uploading, analysis, modification of files, searching engines which are offered to the Users at the website https://motorcar-tuning.shop/;
Processing Task – specific service from the scope of Services provided by motorcar tuning to the Client automatically or manually;
Business days – the period of time from 9:00 a.m. to 7 p.m., Monday through Friday (except public or other holidays);
Website - https://motorcar-tuning.shop/;
Confidential information - any information, facts and data that are used in the Agreement made between motorcar tuning and the User, or information, facts and data on matters relating to motorcar tuning and the User, which came to the knowledge of the parties during or in connection with the conclusion of the Agreement or compliance with the individual contractual terms and conditions, or information on payment transactions and on the use of funds through payment tools, and any other information relating to the activities of any of the parties having a certain value and capacity to cause benefit or harm to motorcar tuning /User, or information that is classified by its provider as confidential or its confidential nature results from its essence or circumstances of which the other party is aware;
Intellectual property rights - any and all rights existing now or in the future under patent law, copyright law, data and database protection law, trade secret law, trademark law, competition law, whether or not registered or capable of registration, and whether subsisting in any specific country(-ies) or any other part of the world, and any and all other proprietary rights of any kind, including without limitation rights to domain name of the motorcar tuning, design elements, ECU files, text, graphics, illustrations, video, software, databases and other objects as well as any content posted at the Website.
1. General Provisions
1.1.The Agreement set out the basic rights and obligations resulting from a contractual relationship established between motorcar tuning and User; and are binding for all the parties involved in this relationship from the date when the User expresses its intention to enter into a contractual relationship with motorcar tuning by using of any services/certain functions or going through the registration procedure.
1.2.Using the provided services the User accepts all the conditions described in this Agreement and agrees with all the statements of the Privacy Policy. All the texts are published at the Website.
1.3.The terms of providing Services are depend on type of Processing Task. Processing Task with a label “automatic mode” is being processed regardless of the time of day. Processing Task with a label “manual mode” is being processed during business day wherein the files uploaded after 6 p.m. is being processed during the next business day unless otherwise agreed by parties in advance.
2. The User Account
2.1.To obtain certain Services the User has to sign up at the Website for creation a personal account by providing its email address as login and creating unique password to access the account wherein the User agrees to use account solely and not transfer access to the account to any third parties.
2.2.For signing up the User has to provide valid and complete information requested in the registration form and shall regularly update such information. In case the information provided by the Client and used in the Agreement proves to be untrue, incomplete, inaccurate, and incomprehensible* motorcar tuning may at its discretion block or delete the User’s account or refuse providing Services to the User.
2.3.The information proves to be untrue, incomplete, inaccurate, incomprehensible in case the User could not / refuses / fails to verify it by providing the documents requested by motorcar tuning
2.4.The User has the right to delete the account at any time – in this case User has to send a request to the support service [email protected]. In certain cases the User account may be terminated regarding specific Service*.
2.5. In case this option is available in the User account.
3. The User Obligations and Responsibility
The User confirms to comply all the below mentioned statements, specifically the User has to:
3.1. be responsible for security of the account for confidentiality of such means as for any actions (and their consequences) in and with motorcar tuning through the User’s account including voluntary transfer by the User of information required to access the User account to third parties on any conditions (including by contracts or agreements); any actions in or with motorcar tuning performed through the User’s account shall be considered done by the User, except the cases when the User notifies motorcar tuning of unauthorized access to Services through the User’s account and/or any other breach (alleged breach) of confidentiality of the chosen means of access to his/her account;
3.2. be responsible for compliance of any content posted by the User with applicable legal requirements including responsibility to third parties in case posting by the User of any content or its subject matter infringes on rights and legitimate interests of third parties including personal non-property rights of authors, any other intellectual property rights of motorcar tuning and its confidential information;
3.3. be responsible to third parties for any actions related to the use of motorcar tuningservice including any actions resulting in violation of rights and legitimate interests of third parties as well as compliance with laws upon using the motorcar tuning.
The User confirms that the motorcar tuningService can process the User content at its discretion and can reproduction of User content for compliance with technical requirements of a particular Service.
The User is obliged not to:
3.4. violate third party rights including underage people and/or cause harm in any way;
3.5. impersonate any other person or representative of an organization and/or community without being authorized to do so;
3.6. assist any actions to violate any restrictions and prohibitions imposed by this Agreement or otherwise violate legal standards including international law.
4. Security Measures
4.1. motorcar tuning confirms that any personal information of the User contained in the User account shall be stored and processed by motorcar tuningService according to Privacy Policy.
4.2. motorcar tuning may impose restrictions on the use of services for all Users or certain categories of Users (depending on the User’s location, language of the service, etc.) including: availability/unavailability of certain service functions, period of storing tasks or files and any other content, the number of tasks or files by one registered user, maximum size of an file or disc space, maximum number of service uses in a certain period, maximum period of content storage, special parameters of downloadable content, etc. motorcar tuning may prohibit automatic requests to its servers as well as terminate acceptance of any automatically generated information. motorcar tuning may send information messages to its users.
4.3. motorcar tuning may block or delete the User’s account as well as prohibit access through any account to certain motorcar tuning services and delete any content without giving reasons including in case the User violates the terms of this Agreement and terms of any documents listed in Clause 1.3 hereof and in case of failure to use a service.
5. Refund policy
5.1. The User has the right to claim on quality of processing of files within 30 calendar days from the date of payment of the order. This period is counted for each Processing Task independently and cannot be transferred to other Processing Task.
5.2. The User has to send the email message to [email protected] from email address that was used in the User account otherwise the claims are not accepted. The claim should contain detailed information about problems with the Processing Task, including a description of the problem, photos, screenshots and other information that confirms the existence of the problem and any additional data requested by motorcar tuning from the User.
5.3. In any case Service has priority right and the User has to wait until the motorcar tuning fix the problem or notify the User that the problem cannot be fixed.
5.4. The claim is considered by motorcar tuning within 14 business days for its validity*. The User will be notified regarding the results via e-mail.
5.5. Validness of the claim is determined by motorcar tuning on its discretion.
5.6. Refunds can be made exclusively in case of compliance with the provisions 5. - 5.4. of this Agreement
6. Intellectual Property
6.1.The User may not reproduce, duplicate or copy, sell, resell or use for any commercial purposes any parts of motorcar tuning (including content available to the User through services) or access to motorcar tuning, except when authorized by motorcar tuning or it is directly stated in the user agreement for any service.
6.2.Any objects available through motorcar tuning including design elements, ECU files, text, graphics, illustrations, video, software, databases and other objects (hereinafter – service content) as well as any content posted at motorcar tuning are exclusive property of motorcar tuning, Users and other right holders.
7. Disclaimer of Warranties & Limitations of Liability
7.1.The User uses motorcar tuning services at his own risk. Services are provided as is. motorcar tuningService accepts not responsibility including for compliance of services with the User's goals;
7.2.motorcar tuning does not guarantee that services comply/will comply with User's requirements; that services will be provided without interruptions, promptly, sustainably and without errors; that results received with the use of services are accurate and reliable and may be used for any purposes or in any capacity (for instance, for identification and/or verification of any facts); that the quality of any product, service, information, etc. received through the services will meet the User's expectations;
7.3.Any information and/or materials (including ECU files, downloadable software, messages, any instructions and guidelines, etc.) which the User accesses through motorcar tuning may be used by the User at his own risk and the User shall be responsible for any potential consequences of the use of such information and/or materials including any damage to the User’s computer or third parties, any damage to the User’s vehicle or third parties or any other damage;
7.4. motorcar tuning shall not be liable for any losses resulting from the User using motorcar tuning services or separate parts/ functions of services;
7.5.If the User has claims to the quality of the services of motorcar tuning, the User should contact with support service by email [email protected].
8. Resolutions of Disputes
8.1. Any dispute between the User and motorcar tuning and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or arising from or relating to this Agreement and their interpretation or the breach, termination or validity thereof, the relationships which result from the Agreement, including disputes about the validity, scope or enforceability of this Agreement will be settled by negotiation between the Parties.
9. Miscellaneous
9.1.The User is considered to have accepted this Agreement in full without any limitations or exceptions. If the User does not agree to any provisions of this Agreement, the User cannot use motorcar tuning.
9.2. Nothing in this Agreement shall be interpreted as agency, partnership, mutual activities, employment or any other relations not directly stated in this Agreement.
9.3.In case any provision of the Agreement is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein.
9.3.Failure by motorcar tuning to act in case of violation by the User or any other users of the provisions of this Agreement shall not deprive motorcar tuning of the right to take action to protect its interests in the future and shall not be interpreted as waiver by motorcar tuning of its rights in case of any future similar or identical violations.
9.4.In case motorcar tuning or the User are prevented from performing or unable to perform any obligation under this Agreement due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence.