TOWR User Terms & Conditions Agreement
Last Updated: 18th December 2019
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms & Conditions mentioned herein thus establishing a contractual relationship between you and TOWR. If you do not agree to these Terms& Conditions you may not access or use the Services.
These Terms expressly supersede prior agreements or arrangements between you andTOWR. After providing a notice to the user, TOWR can immediately terminate these Terms& Conditions orany Services with respect to you orgenerally cease offeringor denying access to the Servicesorany portion thereof, at any time for anyreason.
Supplemental terms may apply to certain Services,andare in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. The supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicableServices.
TOWR may amend the Terms related to the Services from time to time. Amendments will be effective upon TOWR’s posting of such updated Terms at this locationorthe amended policiesorsupplemental terms on the applicable Service. Your continued accessoruse of the Services after such posting constitutesyourconsent to be bound by the Terms asamended.
THE SERVICES
The Services comprise a technology platform that enables users of TOWR’s mobile application to arrange and schedule a towing service for a vehicle with independent third party providers of such services under agreement with TOWR (hereinafter “ 3rd Party Providers”).
You hereby acknowledge that TOWR does not provide towing services and that all such towing services are provided by independent 3rd Party Providers who are not employed byTOWR.
TOWR will not trade or provide services to OFAC and sanctionedcountries.
USE OF THE TOWR SERVICE
USER ACCOUNT
In order to use most aspects of the Services,youmust register for and maintain an active personal user account (the “Account”)on the TOWR
TOWR Portal website www.towr.ae
Account registration requires you to submit to TOWR certain personal information, such as your name, email and mobile phone number.
You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access and use theServices.
You are responsible for all activity that occurs under the name of yourAccount, and you agree to maintain the security and secrecy of your Account username and password at alltimes.
USER CONDUCT
You may not authorise a third party to use your Account, and you may not allow persons under the age of 18 to receive towing services from 3rd Party Providers unless they are accompanied by you.You may not assign or otherwise transfer your Account to any other personorentity. You agree to comply with all applicable laws when using the Services and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience,or property damage, whether to the 3rd Party Provider or any other party. In certain instances you may be asked to provide proof of identity to accessor use the Services, and you agree that you may be denied access toor use of the Services if you fail to provide proof of identity.
USER PROVIDED CONTENT
TOWR may, atitssole discretion, permit you from time to time submit, upload, publishorotherwise make available to TOWR through the Service textual, audio, and/or visual content and information, including commentary and feedback related to the Services (“User Content”). Any User Content provided by you remains your property. You represent and warrant that: (i) you are the sole and exclusive owner of all User Content; and (ii) the User Content nor your submission, uploading, publishing or otherwise making available of such User Content will infringe,or violate a third party’s intellectual property or proprietary rights,or rights of publicity or privacy,or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful,or otherwise offensive, as determined by TOWR in its sole discretion, whether or not such material isprotected by law. TOWR may, but shall not be obligated to, review, monitor,or remove User Content, at its sole discretion and at any time and for any reason, without notice to you.
PAYMENT
You understand that use of the Services may result in charges to you for the Servicesorgoodsyoureceive from a 3rd Party Provider (“Charges”). After you have received Services or goods obtained through your use of the Service, TOWR will facilitate your payment of the applicable Charges on behalf of the 3rd Party Provider in its capacity as limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the 3rd Party Provider.
Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by TOWR.
All Charges are due immediately and payment will be facilitated by TOWR using the preferred payment method designated in your Account, after which TOWR will send you a receipt by email. If your primary Account payment method is determined to haveexpiredor be invalid or otherwise not able to be charged, you agree that TOWR may, as the 3rd Party Provider’s limited payment collection agent, accept a request from you for payment through cash. Any payment through cash must be agreed in advance with TOWR and the 3rd Party Provider.
The TOWR service supports both Visa and MasterCard debit and credit cards and deductions will be made in United Arab Emirates Dirham (AED). Cardholders must retain a copy of their transaction records and the TOWR User T&C.
As between you and TOWR, TOWR reserves the right, and at its sole discretion, to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services. TOWR will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.
This payment structure is intended to fully compensate the 3rd Party Provider for the services or goods provided. You understand and agree that, while you are free to provide additional payment as a gratuity to any 3rd Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.
After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your 3rd Party Provider. You shall provide your ratings and feedback in good faith and the use of derogatory terms or expletives isstrictly forbidden.
CANCELLATION POLICY
Customers can cancel their requested services within Thirty (30) minutes of requesting any towing service. There shall be two types of cancellation of therequested services, i.e., (i) if the driver has not accepted the service then the user can cancel the same via the TOWR application; (ii) if the driver has accepted the service, then the requested services can be cancelled only by contacting the call centre and confirming their need to cancel.
PRIVACY
- Credit/debit card details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.
- TOWR will not pass any debit/credit card details to third parties.
- TOWR takes appropriate steps to ensure data privacy and security including through various hardware and software methodologies. However TOWR (www.towr.ae) cannot guarantee the security of any information that is disclosed by the users on the Internet.
- TOWR is not responsible for the privacy policies of websites to which it links in respect of the services provided. If you provide any information to such third parties different rules regarding the collection and use of your personal information may apply. You should contact these entities directly if you have any questions about their use of the information that they collect.
- The Website Policies and Terms & Conditions may be changed or updated occasionally to meet the requirements and standards. Therefore, the Customers’ are encouraged to frequently visit these sections to be updated about the changes on the website. Modifications will be effective on the day they are posted.
RESTRICTIONS ON SERVICE
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services; (iii) decompile, reverse engineer or disassemble the Services;(iv) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services.
OWNERSHIP
The Services and all rights therein are and shall remain the property of TOWR. Neither these Terms & Conditions nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limitedlicense granted above; or (ii) to use or reference in any manner TOWR’s company name, logos, product and service names, trademarks or services marks.
DISCLAIMER
The Services Are Provided “As Is” and “As Available”. TOWR disclaims all representations and warranties, express, implied or statutory, not expressly set out in these Terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, TOWR makes no representation, warranty,or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any Services,or that the services will be uninterrupted or error-free. TOWR does not guarantee the quality, suitability, safety or ability of 3rd Party Providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
LIMITATION ON LIABILITY
TOWR shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, personal in juryor property damage related to, in connection with,or otherwise resulting from any use of the services. TOWR shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services;or(ii) any transaction or relationship between you and any 3rd Party Provider. TOWR shall not be liable for delay or failure in performance resulting from causes beyond its reasonable control. In no event shall TOWR’s total liability to you in connection with the services for all damages, losses and causes of action exceed the amount payable by you for the using that TOWR service.
TOWR’s services may be used by you to request and schedule towing services with 3rd Party Providers, but you agree that TOWR has no responsibility or liability to you related to any towing services provided to you by 3rd Party Providers other than as expressly set forth in these terms.It is further clarified that TOWR shall only be performing its nominal role of an aggregator of the towing services providers for the users.
The limitations and disclaimer in this agreement do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
INDEMNITY
You agree to indemnify and hold TOWR and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses arising out of or in connection with: (i) your use of the Services; (ii) your breachor violation of any of these Terms; (iii) TOWR’s use of your User Content;or(iv)your violation of the rights of any third party, including 3rd Party Providers.
TERM AND TERMINATION
This Agreement shall commence on the date accepted by you and shall continue until terminated as set for herein.
Either Party may terminate this Agreement: (a) immediately, without notice, for the other Party’s material breach of this Agreement;or(b) in your case by terminating your account or uninstalling the Mobile App.
Notwithstanding anything contained herein TOWR can immediately terminate these Terms or any Services with respect to the User,or generally cease offering or deny access to the Servicesorany portion thereof, at any time for any reason
NOTICES
Any notice delivered by the Company to you under this Agreement will be delivered by email to the email address associated with your account. Any notice delivered by you to the Company under this Agreement will be delivered by contacting Company at the “Contact Us” section of the website www.towr.ae.
JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of the UAE. The Parties hereby submits to the exclusive jurisdiction of the UAE Courts.