These terms of use regulate the access and use made in the territory where it is located, of applications, contact portals, web pages, content, products and services made available by GAAF TECHNOLOGIES INC such as DAME RAITE, a corporation incorporated in the United States of America, with registered office in Miami, Florida, USA, registered with the Florida Division of Corporations, or any of its subsidiaries and/or affiliates which makes available different mobile applications of which reference will be made below.
By accepting these Conditions, you agree to be legally bound by them and acknowledge that they establish a contractual relationship between the User and any of the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE. By agreeing to these terms, you also agree to the Community Guidelines.
If you do not agree to these Terms, you will not be able to access and/or use the Services.
Mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE may immediately terminate these Terms or cease offering or deny access to the Services in whole or any part of them, at any time and for any reason, which will be previously informed, as long as validly acquired rights are not affected.
Supplemental terms to these Terms may apply in connection with various promotional activities or benefits on the Services. These Supplementary Terms will be communicated and notified in advance for your acceptance, maintaining at all times the right to refuse to participate in them. The Supplemental Terms are supplemental to, and shall prevail over, the Supplemental Terms, in the event of a conflict.
Upon prior notice through the Mobile Applications and/or by email, the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE may modify the Terms and Supplemental Terms applicable to the Services at any time and in its sole discretion. Modifications will be effective upon publishing them. To the extent not contrary to applicable law, continued access and/or use of the Services following such publishing or communication in the event of modifications, constitutes consent to be bound by the modified Terms and/or Supplemental Terms.
For the purposes of these Terms and the Services, it should be noted that "Renter" means the person who acts as the final lessee authorized by any of the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE to use the Services in order to obtain, from the "Lessor", a service on lease with the person in charge of carrying out such activity. always maintaining operational control of the same, in accordance with the terms and conditions of the Service Lease Agreement signed by said Lessee and the Lessor. All references to Renter during the execution of these Terms and the Services shall be construed as references to "User". In addition, for the purposes of these Terms and the Services, Lessor means the independent third party that acts as a lessor or sublessor of a Service and who may, at the User's decision, offer a person to carry out the execution of the service during the duration of the Service Lease Agreement; and/or acting as an independent third-party provider of other services, at the User's discretion, as applicable. For the purposes of these Terms and the Services, "Service Lease Agreement" means the private document signed by the Lessor and Lessee, by means of which the Lessor delivers as a lease, and the Lessee receives under the same title, the use and enjoyment of a Service, with operational control by the Lessee and with the possibility for the Lessee to have a person to execute the service provided by the Lessor, in accordance with the terms described in such Service Lease Agreement.
The Services
The Services consist of making available to users a technology platform so that through the mobile applications developed by GAAF TECHNOLOGIES INC, such as DAME, RAITE or web pages, they make use of on-demand interconnection services and related services to make requests for the rental of services, including the person in charge of executing said service and signing lease agreements. services agreed with Independent Lessors as well as arranging and planning execution services, logistics services, purchasing and delivery of services with Third Party Providers including, without limitation, merchants, wholesale and retail stores, restaurants, and lessors, as available in the territory where the User is located, pursuant to an agreement with the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE. The Services are made available for your personal, non-commercial use only.
It is acknowledged that the mobile applications developed by GAAF TECHNOLOGIES INCsuch as DAME RAITE do not provide leasing, transportation or logistics services or operate as a leasing, transportation company and that the Third-Party Providers are not employees of any of the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE.
At the same time, and in order to have a better experience with the use of the Services, the User requests any of the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE to look for a Third Party Provider that is available to provide its services in circumstances of greater efficiency in the event that the Third Party Provider originally assigned through it is not moving to the destination with the purpose of making requests for the rental of services with the person in charge of executing said service and entering into Service Lease Agreements agreed with independent Lessors; as well as organizing and planning transportation services, providing transportation services, logistics, purchase and delivery of goods, among others.
It is acknowledged that Third Party Providers may offer shared or peer-to-peer services.
License.
Subject to compliance with these Terms, mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE grant a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:
· Access and use the Mobile Applications on your personal device only in connection with the Services.
· Access and make use of any content, information, and related materials that may be made available through the Services, in each case for your personal, non-commercial use only.
· The mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE and its licensors reserve any rights not expressly granted herein.
Restrictions.
You may not:
· Remove any copyright, trademark, or other proprietary notice from any portion of the Services.
· Reproduce, modify, prepare derivative works on the Services, distribute, license, lease, resell, transfer, publicly display, publicly perform, transmit, retransmit or otherwise exploit the Services, except as expressly permitted by mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE.
· Decompile, reverse engineer, or disassemble the Services, except as permitted by applicable law.
· Link, mirror, or frame any part of the Services.
· Cause or launch any program or script for the purpose of extracting, indexing, analyzing, or otherwise performing data mining of any portion of the Services or unduly overburdening or blocking the operation and/or functionality of any aspect of the Services.
· Reverse engineer, cause or launch any program or script or even access the Services in order to generate or devise a product or Service directly competitive with those offered by mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE.
· Attempt to gain unauthorized access to or damage any aspect of the Services or their related systems or networks.
Provision of Services.
The Services and/or other available options may be made available under various brands or options associated with the leasing of services and/or with other options through the mobile applications developed by GAAF TECHNOLOGIES INC, such as DAME RAITE or websites by or in connection with:
· Certain subsidiaries or affiliates of the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE if applicable.
· Third-Party Independent Providers.
Third-Party Services and Content.
The Services may be made available or accessible through third-party services and content (including advertising) that are not provided or controlled by mobile applications developed by GAAF TECHNOLOGIES INC, such as DAME RAITE.
It is acknowledged that different terms and privacy policies may apply to the use of such third-party services and content. Mobile applications developed by GAAF TECHNOLOGIES INC, such as DAME RAITE, do not endorse such third-party services and content, and in no event shall mobile applications developed by GAAF TECHNOLOGIES INC, such as DAME RAITE, be liable for any products or services of such third parties.
In addition, Apple Inc., Google, Inc., Microsoft Corporation, and other third parties offering similar products or services and/or their corresponding international subsidiaries or affiliates will be third-party beneficiaries in this agreement (the "Agreement") if you access the Services using Applications developed for mobile devices with iOS, Android, Microsoft Windows, respectively.
These third-party beneficiaries are not a party to this Agreement and are not responsible for the provision or support of the Services in any way. Your access to the Services using these devices is subject to the terms set forth in the applicable third-party beneficiary terms of service.
Ownership.
The Services and all rights thereto are owned by the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE or its licensors. Nothing in these Terms or use of the Services transfers or grants any rights in or in connection with the Services, except as to the limited license granted above; or to use or refer in any way to the company names, logos, product and service names, trademarks or service marks of the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE or its licensors.
Use of the Services.
User Accounts and Personal Data.
· In order to use most aspects of the Services, the User must register and maintain an active personal user account of the Services ("Account").
· The User may only have one Account.
· Except through the mechanisms and in cases expressly informed otherwise, in order to obtain an Account, you must be at least 18 years old or the legal age of majority in the jurisdiction over which the mobile applications are run.
· Account registration requires that certain personal data be shared with mobile applications developed by GAAF TECHNOLOGIES INC, such as DAME RAITE.
· You are responsible for all activity that occurs under the Account and agree to keep the information in your Account accurate, complete, up-to-date, and secure. Failure to do so may result in the inability to access and use the Services and the termination of these Terms by the mobile applications developed by GAAF TECHNOLOGIES INCsuch as DAME RAITE.
The collection and processing of personal data in connection with the Services is as set forth in the Privacy Notice of any of the mobile applications developed by GAAF TECHNOLOGIES INC, such as DAME RAITE.
User Requirements and Conduct.
Except through the mechanisms and in cases where expressly informed otherwise, the User may not authorize third parties to use their Account.
Likewise, persons under the age of 18 may not be permitted to participate in the execution of Service Lease Agreements or other options for planning logistics services of Third-Party Providers, unless they are accompanied by the User or receive express authorization from the User to use the Services, provided that this option is enabled in such territory.
An Account may not be assigned or otherwise transferred to another person or entity.
By accessing and using the Services, the User agrees to always and at all times act in good faith and in a reasonable manner (e.g., not to make inappropriate use of the Services when a manifest error is observed), all applicable laws must be complied with, and the Services may only be used for legitimate purposes.
In the use of the Services, no nuisance, inconvenience, or property damage will be caused to the Third-Party Provider or any other party.
An identity document or other identity verification element may be required to be provided in order to access or use the Services, and the User agrees that he/she may be denied access to or use of the Services if he/she refuses to provide the identity document or identity verification element or is not present at the time of delivery thereof. In the event that it is not possible to deliver the products, they will be returned to the Third-Party Supplier, which may generate an additional charge that must be assumed by the User.
Text messaging.
By creating an Account, the User agrees that mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE may send text messages directly or through authorized third-party messaging applications about the Services, as part of normal business activity by using the Services.
The User may request not to receive text/informational data messages or those sent through authorized third-party messaging applications in an official manner by the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITEat any time by using the official website indicating that they no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that requesting not to receive text messages or messages sent through authorized third-party messaging applications may affect your use of the Services.
Promo codes.
Mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE may, at its sole discretion, create promotional codes, subject to any additional terms that the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE establish on the basis of each promotional code ("Promotional Codes").
The User agrees that the Promotional Codes:
· They must be used for the intended audience and purpose and in a lawful manner.
· They may not be duplicated, sold or transferred in any way, or made available to the general public (whether posted in a public forum or otherwise), unless expressly authorized by the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE.
· They may be invalidated by mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE at any time for any reason without liability for mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE.
· They may be used only in accordance with the specific conditions that the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITEestablish for such Promotional Code.
· They will not be redeemable for cash.
· They may expire before they are used.
The mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE reserve the right to deduct the credits or other elements or benefits obtained through the use of the Promotional Codes by users in the event that the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE determine or believe that the use or redemption of the Promotional Codes was fraudulent, unlawful, or in violation of the terms of the Promotional Code or these Terms.
Network and device access.
· The User is responsible for obtaining access to the data network necessary to use the Services. Third parties other than the mobile applications developed by GAAF TECHNOLOGIES INC, such as DAME RAITE, may apply the data and message rates and rates of their mobile network if the User accesses or uses the Services from a wireless device and will therefore be responsible for such rates and fees.
· The User is responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Mobile Applications.
Mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITEdo not guarantee that the Services, or any part thereof, will work on any particular hardware or device.
Payment
The User understands that the use of the Services may result in charges for requests for Leasing Services with Persons who are responsible for executing them, Service Lease Agreements or goods received from a Third-Party Provider, independent third parties or, if applicable, other charges that apply for intermediation services or others received from the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE in your jurisdiction or from abroad.
Charges may include other applicable fees, tolls and/or surcharges, including:
· Application fees.
· City, state, or national/federal fees or charges.
· Late fees, product returns.
· Airport surcharges, and/or processing fees for split payments.
· Among others that are applicable, which will be communicated.
For the avoidance of doubt:
· Mobile applications developed by GAAF TECHNOLOGIES INC, such as DAME RAITE, do not charge any fee to access the Application.
· You may act as a collector of any other amounts resulting from the services of Third-Party Providers, which are not part of the Charge.
Third Party Providers
Charges displayed when ordering and/or purchasing goods or services through the Services may include retail prices charged by Third Party Providers and amounts paid or owed to mobile applications developed by GAAF TECHNOLOGIES INC, such as DAME RAITE, among others.
In the event that Charges are made on behalf of the Third-Party Provider, it will be the Third-Party Provider who, individually and separately, will transfer and collect the applicable taxes in its jurisdiction or abroad and that apply in accordance with the law.
After the services have been received or the goods referred to above have been obtained through the use of the Services, the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE when acting as a limited collection agent, will facilitate the payment of applicable Fees and taxes on behalf of the Third-Party Provider or mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE in your jurisdiction or abroad, as applicable.
Payment of Fees and taxes (where applicable) in such manner shall be deemed to be payment made directly by the User to the Third-Party Provider or to mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE in the applicable jurisdiction or abroad, as applicable. The preparation, issuance and delivery of invoices, receipts, tax receipts and any other type of tax documentation related to the Services or to the services received or goods obtained through the use thereof, shall be the sole responsibility of the Third-Party Providers, or if applicable, independent third parties or the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE, as determined by law.
This does not preclude the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE in its capacity as a limited collection agent from assisting in the billing process as agreed with each Third Party Provider or independent third party, and from providing the User with access to the tax document that is issued, as determined by the applicable tax provisions, without implying any type of liability for the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE with respect to the tax obligations of the Third Party Provider. The User undertakes to provide the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE or the Third-Party Provider, as applicable, with all the relevant tax information for the purposes of issuing the tax documents that are applicable in the country, and acknowledges that, in the event that the applicable law so establishes, tax documents may include specific information about the User, including name or tax identification number and address.
Charges paid by the User to a Third-Party Provider of goods or services shall be deemed to occur at the time the User makes payment directly to a Third-Party Provider or through mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE in its jurisdiction or abroad, as applicable. The Charges paid by the User are final and as a general rule non-refundable, unless the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE or the applicable regulation determines otherwise. This payment structure is intended to compensate for the use of the Services and the facilitation to enter into and execute the Service Lease Agreements and/or other options available, independently, by You and the Lessor making use of the Services. Mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE do not designate any part of the Charges as an extra or gratuity to the Lessor for the Service Lease Agreement and/or for other options available through the Services. The User understands and agrees that the delivery of an additional payment as an extra or gratuity to the Lessor is free, voluntary and subject to its sole discretion. After a Service Lease Agreement and/or other option available through the Services has been terminated, the User may have the opportunity to rate the experience and leave additional feedback about the lease, the Service, the option used, and/or the Lessor.
The User retains the right to agree on other Charges with a Third-Party Provider for the services or goods received by the User from such Third-Party Provider at the time such services or goods are received. The mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE may review the requests made by the User and/or a Third-Party Provider to modify the Charges for a particular service or good, when they are submitted through the Mobile Applications.
After the Charge has been made, the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE will make available to you a receipt, which may be consulted within the corresponding mobile applications or in the email or by other means at the discretion of the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE.
Price & Replacement Services
For the services of purchase of goods, the User understands that the Third-Party Providers are the ones who determine in a discretionary and independent manner the prices of the goods displayed through the Services. As such, they may differ from the prices offered or published by the Third-Party Provider at a physical location operated by a Third-Party Provider, and/or from the prices available on other third-party websites/mobile applications.
The User shall pay the price displayed through the Services. Likewise, the prices of such services may vary depending on whether you decide to pick up the service or have it delivered, differences in any of the features requested for the service, or in the event that the services offered must be replaced by another of those offered ("Replacement Service").
In the latter case, the User may request a refund of the service, choose between the Replacement Services suggested by the Third-Party Provider, or, in the event of not deciding on the two previous options, the delivery partner may select the Replacement Service that best suits the service selected by the User through the Services. the price of which may be lower or higher than the selected service ("Best Replacement"). The User may disable the Best Service option, at any time, within the preference settings of the Services. In the event that you wish to cancel your request for Services, you must be subject to the provisions of the "Modification of Charges" section.
Modification of Charges
Charges may be set, eliminated, and/or revised for some or all of the services or goods obtained through the use of the Services. In addition, the User acknowledges and agrees to pay the applicable Charges, which, in certain geographic areas, may increase substantially during periods of high demand.
Reasonable efforts will be used to disclose any Charges that may apply.
We may, from time to time, provide certain users with promotional offers and discounts that may result in the charging of different amounts for these or similar services or goods obtained through the use of the Services. These promotional offers and discounts will be communicated directly and will not be extended to those users who have not received a communication from the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE.
As a general rule, no part of the Charge is designated as a tip or gratuity to the Third-Party Provider. Any manifest by the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE (on the website of the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITEor in the marketing materials of the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE) to the effect that tipping is "voluntary", "not required", and/or "included" in payments being made for the services or goods provided is not intended to suggest that mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE provide additional amounts, other than those described above, to the Third Party Provider.
You may choose to cancel your request for a Third-Party Provider's services or goods at any time prior to that Third Party Provider's arrival, in which case a cancellation fee may be charged.
You understand and agree that, while you are free to provide additional payment as a gratuity to any Third-Party Provider who provides services or goods obtained through them, you are under no obligation to do so. Gratuities are voluntary. After the goods or services obtained through the Service have been received, you will have the opportunity to rate the experience and leave additional feedback about the Third-Party Provider.
Repair fee, cleaning fee, or charges for forgotten items.
The user shall be responsible for the cost of repairing damage or necessary cleaning of the via in which the service was offered and the Third-Party Provider's property, which are caused by the use of the Services on the Account that exceed the damage considered normal by "wear and tear" and the necessary general cleaning ("Repair or Cleaning").
In the event that a Third Party Provider reports the need for repair or cleaning, and such repair or cleaning is verified through the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE, in its reasonable discretion, the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE reserve the right to facilitate payment for the reasonable cost of such repair or cleaning on behalf of the Third Party Provider using the payment method indicated in the Account. Such amounts, as well as those charges for the return of forgotten items, will be transferred by the mobile applications developed by GAAF TECHNOLOGIES INCsuch as DAME RAITE to the corresponding Third-Party Provider and are non-refundable.
The values corresponding to the charges that are made, for cleaning or returning forgotten objects, may be updated at any time at the discretion of the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE.
The user acknowledges and accepts that he/she will be solely responsible at all times, while using the Services, for the care and safekeeping of personal belongings or of any third party for which the user is responsible.
The values corresponding to the charges made for the return of forgotten objects may be updated at any time by the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE, which will be informed in the aforementioned means.
Payment Methods
Registering an Account requires you to register on the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE for at least one valid payment method.
· If the payment method for the Master Account is determined to be expired, invalid, insufficient, or otherwise incapable of charging you:
It is agreed that mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE, as the limited collection agent of the Third-Party Provider, may use a secondary payment method on the Account, if available, or collect the amount due the next time the Services are used.
· If the payment method selected is declined for any reason:
The mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITEwill be able to contact or notify through the means available in the developed mobile applications to indicate that it is necessary to indicate a new payment method.
Collection of Fees arising from the use of the Services may require verification of the payment method on file.
RESIGNATION.
The Services are provided on an "as is" and "as available" basis.
· All representations and warranties, express, implied or statutory, not expressly stated in these terms are disclaimed, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
· No representation or warranty is made as to the reliability, timeliness, quality, suitability or availability of the Services or any of the services or goods requested through the use of the Services, or that the Services will be uninterrupted or error-free.
· The quality, suitability, safety, or skill of Third-Party Providers is not guaranteed.
· It is agreed that all risk arising out of the use of the Services and any services or goods requested in connection therewith shall be solely with you, to the fullest extent permitted by applicable law.
· It is acknowledged and agreed that under no circumstances will the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE be responsible for the obligations that correspond to the user or Third-Party Providers under the applicable tax legislation.
LIMITATION OF LIABILITY.
To the extent not otherwise provided by applicable law in the applicable jurisdiction, mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE shall not be liable for any indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, loss of data, personal injury or property damage, or for any damages relating thereto, or in connection with, or otherwise arising out of, any use of the Services, even if mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE have been advised of the possibility of such damages.
The mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE shall not be liable for any damage, liability or loss arising from:
· Use of or reliance on the Services or inability to access or use the Services.
· Any transaction or relationship between the User and any Third-Party Provider, even if the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE have been advised of the possibility of such damages.
Mobile applications developed by GAAF TECHNOLOGIES INC, such as DAME RAITE, shall not be liable for the delay or non-performance of the Service Lease Agreements and/or other options available through the Services resulting from causes beyond the reasonable control of the mobile applications developed by GAAF TECHNOLOGIES INC, such as DAME RAITE.
THE SERVICES OF MOBILE APPLICATIONS DEVELOPED BY GAAF TECHNOLOGIES INC SUCH AS DAME RAITEMAY BE USED TO AGREE TO THE EXECUTION OF SERVICE LEASE AGREEMENTS AND/OR OTHER AVAILABLE OPTIONS, BUT IT IS AGREED THAT MOBILE APPLICATIONS DEVELOPED BY GAAF TECHNOLOGIES INC SUCH AS DAME RAITE THEY HAVE NO LIABILITY WHATSOEVER TO THE USER IN RELATION TO THEIR PERFORMANCE OR ANY SERVICES PROVIDED TO LESSORS OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS.
Indemnity.
You agree to indemnify and hold harmless the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE and its directors, employees and agents from and against any and all claims, demands, losses, liabilities and expenses (including attorneys' fees) arising out of:
· Use of the services or goods obtained through the use of the Services.
· Breach or violation of any of these Terms.
· The use by mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITEof User Content.
· Infringement of the rights of any third party, including Third Party Providers.
Governing Law and Arbitration.
Except as otherwise provided by law enforcement rules in your jurisdiction, these Terms shall be governed by and construed exclusively under the laws of the United States of America, excluding its conflict of law rules.
The Vienna Convention on Contracts for the International Sale of Goods of 1980 (CISG) shall not apply. Any dispute, claim or controversy of any kind arising out of or largely relating to these Terms, including those relating to their validity, interpretation and enforceability (any "Dispute"), shall be subject to mediation proceedings under the Mediation Rules of the International Chamber of Commerce ("ICC Mediation Rules").
If such dispute is not settled within sixty (60) days from the date on which the request for mediation under the ICC Mediation Rules is made, such dispute shall be referred to and settled exclusively and finally by arbitration under the Arbitration Rules of the International Chamber of Commerce ("ICC Arbitration Rules"). The expedited process and emergency arbitrator provisions of the ICC Rules shall not apply.
The dispute shall be resolved by one (1) arbitrator appointed for that purpose under the ICC Rules. The venue for both mediation and arbitration shall be Miami, Florida, United States of America, without prejudice to any rights you may have. The language of mediation and/or arbitration shall be English, unless English is not spoken, in which case the mediation and/or arbitration shall be conducted in the native language.
The existence and content of mediation and arbitration proceedings, including documents and reports submitted by the parties, ICC correspondence, mediator correspondence and correspondence, orders and awards issued by the sole arbitrator shall remain strictly confidential and shall not be disclosed to any third party without the express written consent of the other party, Unless:
· The disclosure to the third party is reasonably necessary to conduct the mediation or arbitration proceeding.
· The third party unconditionally agrees in writing to be bound by the obligation of confidentiality set forth herein.
MISCELLANEOUS
Notifications.
Mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITEmay notify the User through ways of a general notification on the mobile applications, or by an email sent to the email address attached to the Account or by written communication sent to an address, as provided in the Account. Notice may be given through any of the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE or by making use of a written communication to the email address which will be support@gaaftechnologies.com
General Provisions.
These Terms may not be assigned or transferred, in whole or in part, without the prior written consent of the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE. Mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE are hereby approved to assign or transfer these Terms, in whole or in part, including:
· A subsidiary or affiliate.
· An acquirer of the capital, business or assets of the mobile applications developed by GAAF TECHNOLOGIES INCsuch as DAME RAITE.
· A successor by merger.
There is no joint venture or relationship of partners, employment or agency between the User, the mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE or any Third-Party Provider, as a result of the contract between the User and the mobile applications developed by GAAF TECHNOLOGIES INC or the use of the Services.
In the event of a breach of these Terms and/or the Community Guidelines, mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE may deny access to the account and/or the Services.
Likewise, it reserves the right and all appropriate legal actions to investigate and prosecute all those users who fail to comply with the obligations established in these Terms through the legal remedies available under applicable law.
If any provision of these Terms shall be held to be unlawful, void or unenforceable, in whole or in part, under any law, such provision or part thereof shall be deemed not to be a part of these Terms. The legality, validity and enforceability of the remaining provisions of these Terms shall not be affected. In that event, the parties shall replace such illegal, void or unenforceable provision, in whole or in part, with a legal, valid and enforceable provision that has, to the extent possible, a similar effect as the illegal, void or unenforceable provision had, given the contents and purpose of these Terms.
These Terms constitute the entire Agreement and understanding between the parties relating to the subject matter and supersedes and replaces all prior or contemporaneous contracts or agreements relating to such subject matter.
In these Terms, the words "including" and "including" mean "including, but not limited to."
The mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITEreserve the right to share any information related to these Terms to any Competent Authority that requires it to do so or that the mobile applications developed by GAAF TECHNOLOGIES INCsuch as DAME RAITE deem relevant.
User Generated Content.
Mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITEmay, in their sole discretion, permit to be submitted, uploaded, published or otherwise made available to mobile applications developed by GAAF TECHNOLOGIES INC such as DAME RAITE through the Services, text, audio, and/or visual content and information, including comments and opinions regarding the Services, initiating requests for support, as well as submitting entries for competitions and promotions ("User Generated Content"). User-Generated Content shall be subject to the User-Generated Content Policy.
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