Thank you for your interest in our services (the “services”)! By using our Services, you are agreeing to these terms. Please read them carefully. As used in the agreement, “you” or “publisher” means the individual or entity using the services (and/or any individual, entity or successor entity, agency or network acting on your behalf), “we,” “us” or “Carfix”, and the “parties” means you and Carfix.ph.
Your use of the services is subject to your creation and our approval of an account. We have the right to refuse or limit your access to the services. By submitting an application to use the services, if you are an individual, you represent that you are at 18 years of age. You may only have one account. Any property that is a software application and accesses our services (a) may require pre-approval by Carfix in writing, and (b) must comply with Carfix’s terms and conditions.
You may use our Services only as permitted by this Agreement and any applicable laws. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide.
We are constantly changing and improving our services. We may add or remove functionalities or features of the services at any time, and we may suspend or stop a service altogether. We may modify the agreement at any time. Changes will not apply retroactively and generally will become effective 14 days after they are posted. However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately. If you don’t agree to any modified terms in the agreement, you’ll have to stop using the affected services.
Payments will be calculated solely based on our accounting. Payments to you may be withheld to reflect or adjusted to exclude any amounts refunded or credited to advertisers and any amounts arising from invalid activity, as determined by Carfix in its sole discretion. In addition to our other rights and remedies, we may (a) withhold and offset any payments owed to you under the agreement against any fees you owe us under the agreement or any other agreement, or (b) require you to refund us within 30 days of any invoice, any amounts we may have overpaid to you in prior periods. If you dispute any payment made or withheld relating to the services, you must notify Carfix in writing within 30 days of any such payment. If you do not, any claim relating to the disputed payment is waived. To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information in your account. You are responsible for any charges assessed by your bank or payment provider.
Besides as stated in the agreement, neither party will acquire any right, title or interest in any intellectual property rights belonging to the other party or to the other party’s licensors. We may include your name and brand features in our presentations, marketing materials, customer lists and financial reports.
You may terminate the Agreement at any time by completing the account cancellation process. The Agreement will be considered terminated within 10 business days of Carfix receipt of your notice. Carfix may at any time terminate the Agreement, or suspend or terminate the participation of any Property in the Services for any reason. If we terminate the Agreement due to your breach or due to invalid activity, we may withhold unpaid amounts or charge back your account.
To the extent permitted by law, except for any indemnification obligations here under or your breach of any intellectual property rights, confidentiality obligations and/or proprietary interests relating to the agreement, (i) in no event shall either party be liable under the agreement for any consequential, special, indirect, exemplary, or punitive damages whether in contract, tort or any other theory, even if such party has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy, and (ii) each party’s aggregate liability under the agreement is limited to the net amount received and retained by that particular party in connection with this agreement during the three month period immediately preceding the date of the claim. Each party acknowledges that the other party has entered into the agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.
The agreement relating to your use of the services and supersedes any prior or contemporaneous agreements on that subject. This agreement may be amended in writing signed by both parties that expressly states that it is amending the agreement. You may not assign or transfer any of your rights under the agreement. Neither party will be liable for inadequate performance to the extent caused by a condition. For example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and internet disturbance that are beyond the party’s reasonable control.