This Agreement applies to any end user accessing and/or using the Services to explore, request and/or book transportation and any other related services that we may offer to you via the Services (“Transport Provider Services”) that may be available to you via the Services (“Consumer”). If you are accessing and/or using the Services as a representative of a Partner (as defined below) or any visitor of our Websites, please refer to the HERE Mobility Products Supplemental Terms.
The term “Services” means any product or service offered and/or made available by HERE to you hereunder, including without limitation, Kiosk, Mobility for Concierge, Web Widget, Mobility Demand API, Mobility SDK, Ride Tracker, Mobility Supply API, Marketplace Dispatcher, Mobility Portal, any HERE website via which you may access or use the Services (“Websites”), and any related services or products which may be offered by HERE to you from time to time.
The term “Partner” means any one of the following entities/individuals: (a) taxi or private hire company, airline, car/bicycle/motorcycle/scooter rental agency or other third parties that provide consumers with Transport Provider Services by using the Mobility Supply API (“Transport Provider”); and (b) hotel, airport or other third parties that provide consumers with access to Transport Provider Services, including without limitations, developers of third party applications, by using at least one of the following Services: Kiosk, Mobility for Concierge, Web Widget, Mobility Demand API or Mobility SDK (“Demand Partner”). The term Partner shall also include Transport Provider using the Marketplace Dispatcher, and any other provider of Transport Provider Services that only uses the Marketplace Dispatcher (“Dispatch Partner”).
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the terms and conditions of this Agreement, to use the Services on behalf of such entity and, in such event, “you” and “your” as used in this Agreement shall refer to such entity. If you do not have such authority, you may not use the Services.
The Services are intended for use by users who are of the legal age required to form legally binding contracts under applicable law and in no event under the age of 18.By using the Services, you represent and warrant that you are 18 years of age or older and meet all of the foregoing eligibility requirements.If you are not 18 years of age or older and do not meet all of these requirements, you must not access or use any of the Services.If you are accessing or using the Services for the benefit of anyone (such as a passenger) who is under the age of 18 you hereby represent and warrant that you are the legal guardian of such person and/or otherwise have the full and unfettered authority to provide In no circumstances are the Services available to users who are under the age of 18, users who have had their User Account (as defined in Section 3 below) temporarily or permanently deactivated, or users who seek to use the Services in violation of this Agreement.
2. The Services.
The Services feature an online marketplace for Transport Provider Services enabling Demand Partners (and their representatives) to offer Consumers the ability to seek and book transportation to their desired destinations from Transport Providers, as well as other book other services available thereto. In certain instances, the Services may also include an option to create a User Account and use of the Mobility SDK via a Demand Partner application. The Services are made available solely for your personal, noncommercial use.
Certain Transport Providers may, pursuant to their own policies and requirements, require additional information from you to facilitate the Transport Provider Services you booked with them (such as credit card for cancellation purposes), and therefore they may contract you directly using the information you provided when you booked their Transport Provider Services. The Company has no control or responsibility over information you provide directly to the Transport Providers or information requested by the Transport Providers directly from you. You (and not the Company) are responsible for your decision whether or not to provide any information (including personal data) directly to Transport Providers. You hereby acknowledge and agree to the aforementioned.
By using the Services to request and/or book Transport Provider Services from Transport Providers, as may be available via the Services, you accept, agree, and acknowledge that a direct legal relationship is created and assumed between you and the driver and/or the relevant Transport Provider. Your contract for Transport Provider Services will be with the Transport Provider you selected and not with us. You acknowledge and agree that we are not a party to your contract for Transport Provider Services.
You acknowledge and agree that : (a) the Company has no responsibility for the booking you choose, or control over the quality or safety of the Transport Provider Services that occur as a result of your use of the Services; (b) the Company merely provides an online platform enabling the Services and does not itself provide any Transport Provider Services (including without limitation, applicable insurance). The Company does not own any fleet of vehicles, bicycles or motorcycles, and is not, in the business of providing transportation and/or renting vehicles, bicycles or motorcycles to the public. If you have any issues or disputes with respect to your booking, you agree to address and resolve these issues with the relevant Transport Provider and not with us.
The Services may provide information about available route, time table, location services, and public transportation. This information is intended for basic location and navigation purposes and should not be relied upon when a precise location is needed, or where inaccurate location information may cause death, personal injury, property, or environmental damage. Please note that the Company relies on third-party resources, including for example third party public transportation service providers, to obtain route, location and timetable information and is not responsible for the accuracy, reliability, completeness or error-free nature of this information.
3. User Account.
When you register and/or use certain Services, you will be asked to provide your name and phone number, which will be used to create your account (“User Account”). You are solely responsible for maintaining the confidentiality of your User Account. You agree not to transfer your User Account to another person or lend or otherwise transfer your use of or access to the Services to anyone else. You are also solely responsible for any and all activities that occur under your User Account. You agree to provide and maintain true, accurate, complete, and up-to-date information in your User Account. You agree to notify us, immediately if your User Account has been compromised, or if you have reason to believe that it has been compromised. You acknowledge that your limited license is tied to your User Account as part of the Services and that all the data you create or provide is mapped to your User Account. You further represent and warrant that you will not transfer or assign your User Account to any third party, even temporarily. Please note that we reserve the right, by written notice, to suspend access to or terminate User Accounts which were not accessed during a consecutive period of twelve (12) months or more.
Subject to and in accordance with the terms of this Agreement, the Company hereby grants you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to: (i) access and use the Services on your devices or any device that is available to you by a Partner; and (ii) access and use any content, materials, graphics, audiovisual files, processes and code, features, functionality, the maps provided as part of the Services, and products or services accessible on or through the Services (the “Content”), in each case strictly in accordance with this Agreement. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by this Agreement and subject to the use restrictions described herein. You may only use the Services and the Content for your private and personal purposes. You may not make any commercial use of the Services and Content. Please note that certain Content may only be available to residents of certain geographical areas. You are bound by any restrictions applicable to specific Content you obtain through the Services. The Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Services and the Content, including all copyrights, trademarks, patents, software rights, and other intellectual property rights (whether registered or unregistered) therein or relating thereto, except as expressly granted to you in this Agreement.
You acknowledge that your limited license is tied to the phone number you first provided upon creating your User Account as part of the Services and that all the data you create or provide is mapped to your User Account and phone number.
The Company will have the right, at all times, to: (i) reclaim, prohibit, suspend, limit or otherwise restrict you from accessing or using the Services, and (ii) remove any content from the Services, including without limitation, User Content, immediately and without notification to you, if we believe, at our sole discretion, that such content is infringing, offensive, harmful or inappropriate.
5. Use Restrictions.
You (and/or any third party on your behalf) may not:
(a) copy, frame, mirror, modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Content, the Services, or any part thereof;
(b) reverse engineer, disassemble, decode, or otherwise attempt to derive or gain access to the source code of the Content, the Services or any part thereof;
(c) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Content, the Services, including any copy thereof;
(d) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the use of access to the Content, the Services, or any features or functionality of the Services, to any individual or third party for any reason other than as expressly permitted in this Agreement, or make the Services available on a network where it is capable of being accessed by any third party, or individuals;
(e) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Content, the Services, or any part thereof;
(f) engage in or encourage any activity or use of Content that violates any applicable law, rule or regulation, including without limitation privacy laws and regulations;
(g) use, endorse, or promote any content via the Services which is pornographic, obscene, excessively profane, racist, ethnically offensive, threatening, infringing, excessively violent, libelous, gambling-related, or discriminatory, offensive, misleading or deceptive;
(h) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ copyrights and other intellectual property rights;
(i) transmit or otherwise make available in connection with the Services (including via your User Content), or any part thereof, any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage, interfere with, or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
(g) interfere with or disrupt the operation of the Content, the Services, or any part thereof, or the servers or networks that host the Services or make the Services available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
(k) engage in fraudulent misrepresentation, such as impersonating any person or entity or forging or manipulating identifiers to disguise the origin of information transmitted through the Services;
(l) attempt to, or actually, harm intentionally or unintentionally another user or individual, such as stalking, threatening, or harassing a user or carrying a weapon while using the Services;
(m) infringe any third-party rights, including intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; or
(n) use the Content and/or the Services in any way not expressly permitted by this Agreement.
6. Payments and Billing.
(a) Transport Provider Charges. If you book a ride with a Transport Provider, you understand that your request or use of such Transport Provider is subject to the terms and pricing of this Transport Provider and will result in costs to you. These costs may include taxi or other fares and other applicable fees, tolls, surcharges, municipal tolls (where applicable), airport fees (where applicable), baggage fees (where applicable), peak time fees (where applicable), processing fees (where applicable), any tips to the taxi driver that you elect to pay, other extras and applicable taxes where required by law (“Charges”). The Charges are entirely your responsibility and are part of your engagement with the Transport Provider whose services you book via the Services regardless of your awareness of such Charges or the amounts thereof.
(b) Fare Estimates. As part of the Services, when seeking and booking a Transport Provider Service means, you may be presented with an estimated fare for the ride you are booking. You acknowledge and agree that the estimated fare that is presented to you via the Services before or at the beginning of the ride, is determined solely by the Transport Provider and is a mere estimation. The actual fare you will be required to pay may vary substantially (upward or downward) as determined in the sole discretion of the relevant Transport Provider and may be dependent on multiple factors including without limitation the traffic and road conditions, the time of travel, number of travelers and luggage pieces etc.
(c) Payments Representations. By using any payment method and/or providing payment details for booking a ride via the Services, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments as part of the Services; and (d) such actions do not violate any applicable law.
(d) Payment Collection. The Transport Providers or the Company will collect payment of Charges owed by you to the Transport Providers whose services you use. When we collect your payment, such collection will be made on the Transport Providers' behalf as their limited payment collection agent. In such cases, your payment of the Charges to us satisfies and shall be considered the same as your payment obligation made directly by you to the relevant Transport Provider whose services you use.
(e) No Refunds. All Charges paid by you are final and non-refundable, unless otherwise determined by the Transport Provider in accordance with its terms. If you want to cancel a ride, please refer to the cancellation policy of the relevant Transport Provider with whom you booked a ride via the Services.
(f) Cancellation Fee. After booking a ride with a Transport Provider, you may elect to cancel the ride at any time prior to the commencement of such ride as may be available via the Services, in which case you may be charged a cancellation fee as determined by the Transport Provider. If you want to cancel a ride, please refer to the cancellation policy of the relevant Transport Provider with whom you booked a ride via the Services. You may also be charged a cancellation fee as determined by the applicable Transport Provider if you fail to show up after you booked a ride. We are not responsible for setting or determining the cancellation fee that may be set by the respective Transport Provider, and the exact amount of the cancellation fee will vary from one Transport Provider to another in accordance with their cancellation policy.
(g) Damage Fee. If a Transport Provider informs us that you have materially damaged the vehicle used to provide you with the Transport Provider Services you booked and used, you agree to pay the Transport Provider a “Damage Fee” depending on the extent of the damage you have caused (as determined by the Transport Provider in its sole discretion) toward vehicle repair or cleaning. The Company reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing any Damage Fee.
(h) Coupons. You may receive coupons that you can apply toward payment of certain Charges upon completion of a ride. Coupons cannot be combined. Coupons are only valid for use via the Services and are not transferable or redeemable for cash except as required by applicable law. If the cost of your ride exceeds a coupon’s credit or discount value, we will charge the payment method that we have on file for you, for the outstanding cost of the ride. Additional restrictions on coupons may apply as communicated to you in a relevant promotion or by clicking on the relevant coupon.
(i) In addition to the foregoing, when we collect your Charges and any other payment due to the Transport Provider from you, the following shall apply:
(1) Facilitation of Charges. All Charges are facilitated through third-party payment processing service(s) providers (“Payment Providers”) that provide payment services to us in connection with the Services, including with respect to (a) collection of funds from Consumers in connection with booked rides; (b) remittance of funds to Transport Providers in connection with completed or cancelled rides; and (c) protection against fraud, unauthorized transactions (such as money laundering), claims or other liabilities in connection with making payments via the Services. In addition, we, through our Payment Providers, reserve the right to cancel booked transactions or place funds on hold for any suspected fraudulent transactions made in connection with the Services.
(2) Credit Card Authorization and Related Fees. When we add a new payment method or with each ride request, we may require authorization of your selected payment method to verify your payment method, ensure the ride cost will be covered, and protect against unauthorized behavior. The authorization is not a charge; however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your bank account, you may be subject to overdraft or Non-Sufficient Funds (NSF) charges by the bank or entity issuing your debit or prepaid card. We are not responsible for these charges and are unable to assist you in recovering them from your issuer.
(j) Payment Confirmation; Invoice. Once your ride has been completed, you will receive a payment confirmation that includes information about the ride, including the amount you paid. If you wish to receive an invoice, please contact us at: Mobility.firstname.lastname@example.org.
If you have any questions regarding payments, please contact us at: Mobility.email@example.com.
7. Electronic Communications.
You agree that we may provide notices and messages to you about the Services by text message to the phone number that you provided us with. You agree to keep your User Account information you shared with us up-to-date.You agree that text messages may be generated by automatic systems. We do not charge for text messages, but standard or other charges imposed by your mobile carrier may apply.
You may unsubscribe from text messages at any time by using the “Unsubscribe” link at the bottom of the text messages we send to you or by sending an email to: firstname.lastname@example.org.
Please note that we may also contact you, including via text messages, with important information regarding the Services or your User Account, and verification purposes. For example, we may notify you (through any of the means available to us) of changes or updates to the Services, payment issues, service maintenance, etc. You will not be able to opt-out of receive such service messages.
8. Changes of this Agreement.
We reserve the right, at our discretion, to update, change, modify, add, or remove portions of this Agreement at any time in order to conform them to our business practices and applicable law. All non-material changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. If we make material updates to this Agreement that would negatively impact your rights or increase your obligations under this Agreement, we will notify you of the change in advance via the Services. If you do not agree with the change, you have the right to terminate this Agreement by closing your User Account (if applicable). Your continued use of the Services following such notification will constitute your acceptance of the change and consent to this Agreement as revised.
9. Allegations of Copyright Infringement.
You may notify us of copyright infringement on the Services by providing notice (a) by email with “Copyright Notification” in the subject line to copyright.notices@HERE.com, (b) by a document titled “Copyright Notification” mailed to HERE Global B.V. with its registered address at Kennedyplein 222-226, 5611 ZT Eindhoven, The Netherlands, or (c) via the online form, if available. Your notice must:
(a) identify the original copyrighted work you claim is infringed;
(b) identify the content on the Service that you claim is infringing the copyrighted work. Please provide enough detail for us to locate the allegedly infringing content on the Services;
(c) provide your contact information, including your full name, mailing address, telephone number, and email address, if available;
(d) provide a statement that you have a good faith belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(e) provide this statement: “I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed.”; and
(f) provide your signature.
10. Intellectual Property Rights.
The Services, the Content and any materials, graphics, audiovisual files, processes and code, features, functionality, the maps provided as part of the Services, and products or services accessible on or through the Services and all upgrades, updates, corrections, copies, emulations, modifications, and enhancements thereto, derivative works thereof, and all copyrights and other intellectual property rights related thereto are the property of Company, its affiliates, its licensors or suppliers, and Company, its affiliates, its licensors and suppliers retain all right, title, and interest in and to the Services, the Content and all intellectual property rights therein or in connection thereto. The Services and Content are owned and operated by the Company and they are licensed, not sold, to you. You do not acquire any ownership interest in the Services and the Content under this Agreement, or any other rights thereto other than to use the Services and the Content in accordance with the license granted to you, and subject to all terms, conditions, and restrictions, under this Agreement.
All the Company logos, trademarks, designs, graphics, icons, scripts and service names are registered trademarks or trade dress of the Company (collectively, the “Company Marks”). In addition, the design, trade dress, and the ‘look and feel’ of the maps available to you as part of the Services are protected works under applicable copyright laws and we and our affiliates, licensors and suppliers retain all intellectual property rights in them. The license granted to you in this Agreement does not extend to or include a license to use the maps displayed by the Services or any mark, indicator, logo or notation embedded in the maps other than as part of the Services. You agree that you will not in any way modify, alter or tamper with any proprietary marks, copyright notices or other notices, or the Company Marks, that may be provided and/or displayed through the Services. You acknowledge that we are the owner and licensor of the Company Marks, including all goodwill associated therewith, and that your use of the Company Marks will confer no additional interest in or ownership of the Company Marks in you but inures to the benefit of the Company.
All other trademarks, logos, service marks, company or product names set forth in the Services, such as the logos or trademarks of any Transport Provider of Transport Provider Services (including without limitation, rental services public transportation services), are the property of their respective owners.
11. Your Data and Content.
In addition, in the course of your use of the Services, you may submit and share content and information with us, which may include feedback, comments, improvements, suggestions, questions, ideas or other information (collectively “User Content”). You represent and warrant that you own all intellectual property rights in your User Content or otherwise have the right, and received all required consents, authorizations and licenses to use the User Content for the Services and to provide the User Content to us as contemplated hereunder, and that by submitting or sharing your User Content with us, you are granting us and our affiliates with an irrevocable, worldwide, perpetual, unrestrictive, non-exclusive, royalty-free, transferable and sublicensable right and license to use, copy, distribute, disseminate, prepare derivative works of, and display your User Content in any manner we deem fit, including for commercial purposes or otherwise, at our sole discretion and without acknowledgment or compensation to you but in each case we will not share or publish your personal data without your express prior written consent.
12. Geographic Restrictions.
The Services and the Content are provided from the Netherlands as well as countries in which the Company utilizes data centers. You acknowledge that you may not be able to access all or some of the Content outside of your country, and that access thereto may not be legal by certain persons or in certain countries. If you access the Content from outside your country, you are responsible for compliance with local laws, including any laws applicable to the export of software or technology.
13. Updates; Availability.
The Company may from time to time in its sole discretion develop and provide Services updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features or modifications or discontinuation of existing features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality of the Services.
The Services and the Content availability and functionality depends on multiple factors. You acknowledge that if you disable certain functionalities in the Services including geotagging and/or location services, the Services may not function as intended. We do not warrant or guarantee that the Services and the Content will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access error-free. The availability of the Services and the Content may vary and is subject to our sole discretion. We reserve the right at our sole discretion to modify, correct, amend, enhance, improve, update, make any other changes to, discontinue, or suspend temporarily or permanently, the Services (or any part or feature thereof) without notice to you, at any time and at our sole discretion. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Services. The Services, the Content and their operation and certain features available therein may also be dependent on the network you use, compatibility of the devices from which you access and use the Services, and the content formats supported. You will have the right to terminate this Agreement if we make any material changes to the Services that you do not agree with.
14. Third-Party Materials.
The Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that the Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third-parties’ terms and conditions.
15. Term and Termination.
We may terminate this Agreement at any time if you: (a) breach, or we reasonably believe that you are in breach of any term within this Agreement or applicable law; or (b) are misusing the Services or pose a threat to the security of the Services.
The termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity.
16. Your Representations.
(a) You acknowledge and agree that access and use of the Services is at your own risk, and that by accessing and using the Services and the Content, you agree to accept such risks and agree that you shall have the sole responsibility for any and all obligations or liabilities that arise from your access and use of the Services.
(b) You acknowledge and agree that if you have a dispute with one or more Partners, you hereby release Company and all its affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives and employees from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
(c) You acknowledge and agree that your interaction with any Partner (or a Partner representative, including without limitation, drivers) is at your own risk, and we do not have any responsibility should anything go wrong with your booking of a Transport Provider Services. The Company has no control over the Partners and their representatives (including drivers).
(d) You acknowledge and agree that the Services do not provide you with any protection or coverage by the Company or its affiliates, whether that be rental damage protection, liability protection, or any similar coverage or indemnification.
(e) You represent and undertake to procure and ensure that you comply with, adhere to and observe the terms and conditions set forth in this Agreement and all applicable laws, regulations, rules, statutes or ordinances governing or otherwise relating to your use of the Services.
(f) You undertake that you will safeguard, protect, and keep your User Data, and the data of any other user of the Services, confidential and shall not disclose it to any person, or store the information in any manner, except as required by applicable law, including laws related to privacy and use of personal data and the personal data of minors.
(g) You shall notify the Company of any actual, suspected, or potential security breach or improper use of the Services or the User Data.
(h) You agree that you will: (a) behave in a safe and lawful manner while using and/or engaging with the Services, and (b) not engage in reckless or unsafe behaviors, including carrying a weapon, refusing to abide by traffic safety or other laws, or threatening the health, safety, and wellbeing of yourself, or other third parties while using the Services.
(i) You acknowledge and agree that the Company will have the right, at all times, whether with or without cause, and at the Company’s sole discretion, to reclaim, prohibit, suspend, limit or otherwise restrict you from accessing or using the Services.
Additionally, while we make an effort to remove offensive or infringing content and/or users of the Services, we do not control the behaviors or content of other users of the Services. If you feel that any use of the Services violates this Agreement, you may report it to us via the contact us feature available in the Services or via email to: email@example.com.
17. Disclaimer of Warranties.
The Services and the Content are provided to you “as is” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Services and the Content, including all implied warranties of title, merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.
Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Services will meet your requirements, achieve any intended results, be compatible, or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free, accurate, timely, truthful, complete or reliable, or that any errors or defects can or will be corrected.
The Company is not responsible and may not be held liable in any way for the acts, activities, errors, omissions, behaviors, representations, warranties, breaches or negligence of any Partner (including without limitation, any Partner representative and/or drivers (if applicable) acting on their behalf or otherwise), including without limitation in connection with the quality or safety of the services provided by them, bodily injuries, death, property damage, or other damages or expenses resulting therefrom. While Transport Providers provide you with their Transport Provider Services via the Services, it is your choice whether to use their services or not and we are not responsible for any Transport Provider Services that may be accessed via the Services. Any issue or dispute that you may have with a Partner should be addressed to that relevant Partner and will be subject to their terms and conditions and liability policies. You agree to address and resolve these issues and/or disputes with the relevant Partner.
18. Limitation of Liability.
To the fullest extent permitted by applicable law, in no event will the Company or its affiliates, or any of its or their respective licensors or service providers, have any liability arising from or related to your use of or inability to use the Services or the Content for: (a) property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, computer failure or malfunction, or any other consequential, indirect, exemplary; or (b) direct damages in amounts that in the aggregate exceed the amount of fifty Euros (€50). The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable, or the company was advised of the possibility of such damages. The Company will not be liable for any cancellation, overbooking, strike, force majeure or other causes beyond its direct control. The Company does not accept responsibility for the uninterrupted accessibility to the Services and may carry out technical or maintenance work on the Services at any time of its choosing.
You agree to indemnify, defend, and hold harmless the Company, its affiliates, and its and their respective directors, officers, employees, contractors, agents, representatives, successor and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, damages, consequential damages, punitive damages, property damage, personal injury, theft or otherwise or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to: (a) your use or misuse of the Services and/or the Content; (b) your breach of this Agreement, including but not limited to the User Content you submit or make available through the Services, or any of your responsibilities hereunder; (c) your violation of any law, obligations imposed on you by regulatory authorities, industry and/or professional standards, or the rights of a third party; (d) any reservation or use of the Transport Provider Services, including without limitation, any vehicle damage, rental damage, personal injury or property damage; and (e) any personal or property damage caused by you. You and the Company acknowledge that in the event of any third-party claim that the Services and/or the Content or your possession and use of the Services and/or Content infringes that third-party’s intellectual property rights, the Company will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
You may not assign or transfer your rights in and to the Services without our prior written consent. We may assign our rights in and to the Services to any third party at our sole discretion, provided that such third party undertakes to comply with our obligations to you under this Agreement.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
23. Governing Law.
This Agreement is governed by and construed in accordance with the laws of The Netherlands.
24. Dispute Resolution
The courts in Eindhoven, The Netherlands have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with this Agreement, including any non-contractual rights or obligations arising out of or in connection with this Agreement.
25. Relationship Between You and the Company.
This Agreement and your use of the Services, do not, and shall not be construed as creating any relationship, joint venture, partnership, employment, or agency in any way and of any kind between you and the Company. Your access and use of the Services are intended for your enjoyment and benefit and the provision of the Services to you (subject to your compliance with this Agreement) constitutes the sole and sufficient consideration that you are entitled to receive for any User Data or other contributions you have made to the Services, or any part thereof.
If you have any questions or concerns about this Agreement or the Services, please contact us via email at firstname.lastname@example.org or at:
HERE Global B.V.
5611 ZT Eindhoven
27. No Third-Party Rights.
This Agreement is solely between you, the user of the Services, and the Company. A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms. Each party represents to the other that their respective rights to terminate, rescind or agree any amendment, variation, waiver or settlement under this Agreement are not subject to the consent of any person that is not a party to this Agreement.