Last updated: August 1, 2021
Please read and review these terms and conditions fully before utilizing Our Service.
Interpretation and Definitions
The words with the first letter that is spelled with a capital letter demonstrate that they are defined under the following situations. The consequent definitions shall have the same meaning whether it is in singular or plural form.
Here are the definitions and descriptions for the items within these Terms and Conditions:
- Affiliate refers to an association that manages or governs, is managed by, or is under common control with a partnership, where “control” is specified as ownership of at least 50% or more of the total shares, equity, or other security variations that grant voting rights in the selection of directors or other related types of management.
- Country refers to: Germany
- Company (referred to in several ways as either “the Company”, “Us”, “Our”, or “We” throughout this Agreement) refers to Certainly Cars.
- Device refers to any technology-based instrument that connects to our Service, which includes, but is not limited to, a personal computer, a tablet, a smart device, or a mobile phone.
- Service refers to the Website.
- Terms and Conditions (also referred to as the “Terms”) refers to the Terms and Conditions that establish the aggregate of the agreement formed between You and the Company in regards to the operation of the Service.
- Third-party Social Media Service refers to any content or materials (that could include data, portions of information, digital products, physical goods, digital services, or physical services) presented by a third-party that may be seen, combined, or made reachable by the Service.
- Website refers to certainlycars.com, which is accessible from the URL certainlycars.com
- You refer to the individual that is accessing or engaging in the use of the Service, or the Company, or other related legal entities on behalf of which the individual is accessing or engaging in the use of the Service, as applicable.
These are the Terms and Conditions that govern the usage of this Service and the agreement that is the engagement between You and the Company. These Terms and Conditions provide for the rights and stipulations of all users that access or make use of the Service.
Your capability to access and operate the Service is conditional based on Your agreement of and adherence to these Terms and Conditions. These Terms and Conditions are relevant and applicable to all users, visitors, and others who utilize or enter into the Service.
By making use or accessing the Service, You acknowledge that you will be regulated by these Terms and Conditions. If You do not agree with any section or piece of these Terms and Conditions, then the result is that You may not use the Service.
You pledge that you are at least 18 years of age, as The Company does not entitle anyone under 18 years of age to partake in the usage of the Service.
Links to Other Websites
Our Service may include links or contact to other third-party partners websites or services that are not owned or under any commercial authority by the Company.
The Company does not hold any control over, and accepts no liability for, the content, privacy policies, or governance systems of any third party entities or services. You also agree and consent to the notion that the Company will not hold any liability or responsibility, either directly or indirectly, for any disruptions, damages, or losses that are produced or alleged to be produced by or in association with the use of or reliance on any such products, materials, or services that are shown on or through any such means transmitted by other third-party entities or services.
We recommend that You evaluate the terms and conditions as well as the privacy policies of any third-party websites and/or services that You are involved with.
We maintain the authority to suspend or terminate Your access to the Service immediately, without any previous disclosure, for any purpose or cause whatsoever, and without limitation if You breach any of the Terms and Conditions established here.
At the time of a terminated relationship, You will lose Your right to utilize the Service immediately.
Limitation of Liability
Disregarding any damages or disruptions that You may have realized, the total liability of the Company and any of its partners or suppliers under the agreement stipulated in these Terms and Your absolute restitution for all of the preceding shall be limited to the value You actually paid through the Service or $100 United States Dollars if You did not obtain anything through the Service.
To the maximum extent that is authorized by the applicable law, in no circumstance shall the Company or its partners or suppliers be held responsible or liable for any exceptional, ancillary, indirect, or subsequent damages that may arise whatsoever (including, but not bounded to, damages related to the loss of income, loss of data or other variations of information, for disruptions of commercial work, for personal anguish or injury, for the destruction of privacy stemming from or in any way related to the operation of or failure to use the Service, third-party technology, and/or third-party hardware that is employed by the Service, or in any other way in association to any measures outlined in these Terms), even if the Company or any supplier or partner has been consulted of the possibility of such damages and even if the restitution is ineffective at delivering its central duty.
Some states or jurisdictions do not allow the omission of implied warranties or limitation of liability for incidental or subsequent damages, which as a result means that some of the above limitations may not be applicable. In these states or jurisdictions, each party’s liability will be limited to the greatest extent allowable by law.
Disclaimer for “AS IS” and “AS AVAILABLE”
The Service is furnished to You “AS IS” and “AS AVAILABLE” and with all omissions and defects without a warranty or guarantee of any sort. To the maximum degree that is authorized by the pertinent law, the Company, both on the behalf of itself and on behalf of its Affiliates along with their corresponding service providers and licensors, specifically disavow the issuance of all warranties, whether express, assumed, statutory, or otherwise, in regards to the Service, in addition to all implied warranties of being a merchant, the suitability for a distinct function, title and non-infringement, and other guarantees or warranties that may emerge from commercial dealings, performance, utilization, or trade arrangements.
Without constraint to the preceding, the Company does not furnish any warranty or undertaking, and does not prepare any representation of any sort that the Service will satisfy Your demands, attain any promised outcome, be suitable or perform appropriately with any other hardware, software, digital applications, physical applications, systems, processes, or services, perform without disruption, satisfy any measure of performance or reliability, or be devoid of any faults or that any errors or defects can or will be amended.
Without constraint to the preceding, not either the Company nor any of the Company’s partners or providers furnishes any representation or warranty of any sort, either express or implicitly stated: (i) as to the usage or availability of the Service, or the data, materials, content, or products that are included thereafter; (ii) that the Service will be undisturbed or be free of any faults or errors; (iii) as to the veracity, reliability, or timeliness of any materials furnished through the Service; or (iv) that the Service, its domain servers, the content, or e-mails dispatched from or on behalf of the Company are devoid of any viruses, trojan horses, scripts, malware, timebombs, worms or other malicious elements.
Some administrations do not permit the omission of certain versions of warranties or limitations on the pertinent statutory claims that a consumer can make, so parts or all of the above prohibitions and limitations may not b e relevant to You. In such a circumstance, the omissions and limitations outlined in this portion of the disclaimer shall be utilized to the greatest extent that can be enforced under the pertinent law.
The laws and authority of the Country, precluding its conflicts of law rules, shall govern these Terms and Your relationship with the Service. Your usage of the Service may also be conditional to additional rules and laws that are administered at the international, national, state, province, or local levels.
Resolution of Disputes
If You have any concerns or would like to question any condition rendered in the Service, You acknowledge that You will first attempt to resolve the dispute informally by directly getting in contact with the Company.
For Users in the European Union (EU)
If You engage in the Service as a user from the European Union, then You have the ability to gain additional support from the compulsory laws that govern the administration of terms and conditions in the country that You are a resident of.
Legal Compliance for United States Users
You assure and pledge that (i) You are not located in a country that is linked to an embargo by the United States government, or that has been identified as a “terrorist supporting” entity by the United States government, and (ii) You are not noted on any list of prohibited or restricted parties by the United States government.
Severability and Waiver
If any arrangement within these Terms is identified to be invalid or null, the given arrangement will be amended and clarified to realize the purpose of such arrangement to the strongest level possible through the relevant law while the remaining arrangements will continue to be fully enforced.
Excluding what is provided here, the failure to exercise a right or to require behavior related to an obligation covered by these Terms shall not affect a party’s ability to exercise such right or command such behavior at any subsequent point nor shall the waiver of an infringement entitle a waiver of any consequent violation.
Interpretation of Translations
It is possible that these Terms and Conditions have been subject to a language translation if We have furnished them to You through our Service.
You agree that the original text that is authored in English shall prevail in the situation of a potential disagreement.
Amendments to These Terms and Conditions
We preserve the right, at Our lone judgment, to modify or supplant these Terms at any time. If a modification is believed to be material, We will make the proper attempts to give at least 30 days of notice prior to enacting any new conditions. The nature of a material modification will be dictated at Our sole judgment.
By continuing Your access or use of Our Service after those modifications become active, You agree to be bound by the modified conditions. If You do not concur with the updated Terms and Conditions, in full or in part, then we suggest that you discontinue the use of the website and the Service.
Please let Us know if you have any questions or concerns regarding the Terms and Conditions that are fully outlined above. The best way to reach us is to send a mail to the follow address:
hello (at) certainlycars (dot) com