Termos de uso

These Terms of Use are applicable as of 2 September 2016.

TERMS OF USE

Anyone making use of this website (the “Website”) and/or Mobile Application Nomadcar (the “App”) hereinafter (the “User”, “you”) does so at their own risk and visitors to the Website and users of the App are advised to take independent professional legal advice before acting on any information or materials found here.

By use of the Website you confirm that you have read, understood and accepted these Terms of Use as they may be amended by us from time to time. If you do not accept them you should stop using the Website and/or the App.

These Terms of Use are in addition to any other document accepted by you on the Website or via the App.

SITE OWNER

The legal owner of the Website and the App is: Nomadcar SA (“Nomadcar”, “we”, “us”)

Address: Route de Brent, 13C, 1816 Chailly-Montreux, Switzerland

Company No: CHE-471/382/361

VAT Registration No: CHE-471.382.361 TVA

Phone:+41 21 588 13 21

Email:info@nomadcar.com

You can also contact us using chat options available in your personal account.

DISCLAIMER

All information and materials on the Website and via the App are provided on an 'as is' basis. We shall do our best to ensure that the information provided on the Website or via the App is complete and accurate. However, we accept no responsibility and give no representations or warranties, express or implied that any of the information and materials on the Website and in the App is free from errors or omissions. We also disclaim all warranties and conditions of merchantability, and fitness for a particular purpose other than those warranties, which are implied by and incapable of exclusion, restriction or modification under the laws applicable hereto.

Nomadcar reserves its right to update any of the documents, data and other information on the Website and in the App at any time without notice. Such updates shall be effective immediately upon posting on the Website or in the App. We will take reasonable steps to draw your attention to any changes in these Terms of Use if you are on our mailing list. However, to be on the safe side, you should read this document each time you use the Website/or the App to ensure that it still meets with your approval.

At our sole discretion we also may deny access to anyone to this Website and the App and the services we offer, at any time and for any reason, including, but not limited to, for violation of any legal document posted on the Website and in the App.

USE OF THE WEBSITE

You may use the Website and the App for lawful purposes only and on condition that you make the following representations and warranties:

- you possess the legal authority to create a binding legal obligation;

- you will use this Website and the App in accordance with these Terms of Use, the Privacy Policy, the Rental Agreement and any other document or annex referred to on the Website or in the App;

- you will only use this Website and the App to make legitimate reservations for you or for another person for whom you are legally authorized to act and any such person shall be fully informed about the Terms of Use, the Privacy Policy, the Rental Agreement and any other document referred to on the Website or in the App;

- all information supplied by you on this Website and/or via the App is true, accurate, current and complete;

- you shall not post or transmit through the Website or the App any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar or obscene, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate the law.

COPYRIGHT

The content of this Website and the App is the copyright of Nomadcar unless otherwise stated. You may copy or use any page or document for your own personal purposes or send it on to someone known to you solely for information and free of charge but only on the condition that (a) you make it clear that copyright belongs to us, (b) your use of any such material is not misleading, and (c) it is not used for any commercial purposes. Unauthorized use of any materials on the Website and/or in the App that violates any of these Terms of Use or any relevant copyright, trademark and other laws may result in legal proceedings.

SOFTWARE

Any software programs and/or mobile applications used or made available for download on this Website or via the App (the “Software”) and all intellectual property rights of whatever nature in them are and shall remain the property of Nomadcar or the relevant owner. Unless accompanied by a separate license agreement, you are hereby given a limited, personal, non-exclusive, non-transferable license to download, install and use the Software for viewing and otherwise using this Website and the App and/or accessing the content and information available in accordance with these Terms of Use and for no other purpose.

LINKS TO THIRD PARTY WEBSITES

Nomadcar may provide links to third party websites but we do this for your convenience only. We do not control or accept any responsibility or liability for third party websites or their content.

LINKS TO THIS WEBSITE

If a link to this Website and/or the App is created from a website that in the opinion of Nomadcar is unacceptable, we reserve the right to require the removal of that link. No-one who creates a link or is granted permission to link to our Website or the App may use our logo or any other proprietary graphic or trademark or represent themselves as being part of our Website, the App or our business.

INDEMNIFICATION

You shall indemnify and hold Nomadcar harmless from and against any and all documented claims, actions, losses, damages, liability, costs and expenses (including, without limitation, reasonable attorneys' fees and disbursements) incurred by us arising out of or in connection with your acts, omissions or misrepresentations hereunder and/or your breach of obligations and warranties under these Terms of Use or any other documents referred to on the Website and/or in the App.

LIMITATION OF LIABILITY

You expressly acknowledge and agree that Nomadcar, its officers, directors, employees will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from use of this Website and/or the App, unless otherwise provided by the applicable law.

GOVERNING LAW AND DISPUTES

These Terms of Use are governed by Swiss law.

If there is a dispute which we cannot settle by direct negotiation, you agree to use the exclusive jurisdiction of the ordinary courts at our respective registered domicile. We shall however also be entitled to claim before the courts at the registered domicile or place of your residence.

OTHER PROVISIONS

If any provision of these Terms of Use or any document referred to on the Website/the App are held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions shall continue in full force and effect.

These Terms of Use or any other document posted on the Website or in the App have been drawn up in a variety of languages for convenience only. The English version shall prevail.