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Terms And Condition

Bookarage

Customer Terms and condition

These Terms of Use, together with the privacy policy, and the rules, policies, terms and conditions set forth in, referred to, and/or linked herein, all of which are incorporated herein by reference, are, collectively, the “Agreement.” This Agreement constitutes a legal agreement between you (“you”) and BOOKARAGE (incorporated in UAE hereinafter referred to as “Bookarage,” “we” or “us”). This Agreement sets forth the terms of use (“Terms”) that govern the access or use by you of applications, websites, content, products, programs, and services made available by Bookarage (the “Services”), including an agreement to engage in binding arbitration to resolve any disputes between us. 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 this Agreement. If you do not agree to the Terms, you may not access or use the Services. The Terms, together with any Supplemental Terms (as defined below), expressly supersede prior agreements or arrangements with you and supersede content or information you read or have access to at other places, such as our website, emails, or applications. Bookarage may immediately terminate this Agreement or any Services with respect to you, or generally, cease offering or deny access to the Services or any portion thereof, at any time for any reason or no reason.

Supplemental terms or policies applicable to any particular Service (“Supplemental Terms”) will be disclosed to you. Supplemental Terms may include terms and conditions of any particular event, activity, program, or promotion. Supplemental Terms are in addition to and shall be deemed a part of, this Agreement. Supplemental Terms shall prevail over these Terms in the event of a conflict with respect to the applicable Service(s).

Bookarage may amend the Terms from time to time. Amendments will be effective upon Bookarage’s posting of such updated Terms or such amended Supplemental Terms. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

By accessing and using the Services, you represent and warrant that:

you are at least 18 years old and are a legal adult in the jurisdiction in which you reside.

you have the right, authority, and capacity to enter into this Agreement and to abide by the Terms, and that you will so abide.

If you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. The Services are not available to anyone under 18 years of age, or to any individual whose account has been terminated. Your account may not be used for Services to be performed for another person.

The Services

The Services constitute a technology platform including websites and mobile applications (the “Bookarage Platform”) that enables users to access a network of independent third-party vehicle service providers (mechanics, technicians, towing service providers, or other independent contractors) (“Technicians”), and/or to arrange for vehicle inspection, diagnosis, maintenance, repair, towing or related services (“Vehicle Services”). WE DO NOT PROVIDE VEHICLE SERVICES, AND WE ARE NOT THE EMPLOYER OF ANY THIRD-PARTY PROVIDER. You acknowledge that we do not supervise, direct, or control a Technician’s work or Services performed in any manner. A Technician provides services to you as an independent contractor and is not an employee, joint venture, partner, agent, or franchisee of Bookarage for any purpose whatsoever.

License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non- sublicensable, revocable, non-transferable license to access and use the Services subject to the Terms of this Agreement. Any rights not expressly granted herein are reserved by us.

Restrictions.You may not:

Remove any copyright, trademark, or other proprietary notices from any portion of the Services.

Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by us.

Decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law.

Link to, mirror or frame any portion of the Services.

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.

Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non- sublicensable, revocable, non-transferable license to access and use the Services subject to the Terms of this Agreement. Any rights not expressly granted herein are reserved by us.

Ownership. The Services and all rights herein are and shall remain our property. Neither these Terms nor your use of the Services convey or grant to you any rights in or related to the Services, except for the limited license granted above, or to use or reference in any manner our company names, logos, product, and service names, trademarks or services marks. All content appearing on the Bookarage Platform is our property or the property of our partners and is protected by international copyright laws. Certain names, graphics, and logos are trademarks, service marks, or trade dresses (together, “Marks”) of Bookarage. Our Marks may not be used for any purpose except pursuant to our Trademark Usage Policy. All other Marks are the property of their respective owners and may not be used without their prior written consent.

Your Use of the Services

User Accounts. In order to use most aspects of the Services, you must register for and maintain a user account (“Account”). Account registration requires you to submit certain personal information, such as your name, email address, address, vehicle information, and/or mobile phone number, and/or at least one valid payment method (e.g., a credit card). You agree to maintain accurate, complete, and up-to- date information in your Account. Your vehicle information may include the license plate number, VIN (Vehicle Identification Number), make, model, year, engine size, trim, etc. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or Bookarage’s termination of this Agreement. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. We are not liable for any loss that you may suffer through the use of your password by others. You must notify us immediately of any unauthorized use of your Account or any other breach of security known to you with respect to Bookarage.

Scheduling a Job. To request an appointment for Vehicle Services (a “Job” and a “Job Request”), you may be asked to specify the type of service that you think is required, the location where you would like the Job to be performed, and the date and time that you would like the Job to take place. You agree that it is your responsibility to provide a suitable location for the Job and to ensure that the Technician has proper access and permission, and is legally authorized to complete the Job at the location.

Once you submit a Job Request, we may provide you with a price and/or a list of possible Technicians along with their experience information and “rating” based on previous customer reviews (if applicable). We reserve the right to modify, add, or delete items and/or prices at any time prior to billing you. If you have agreed with the Technician to modify, add, or delete items in the Job Request, or to reschedule a Job, you must notify us. When you reschedule a Job, you agree to do so through the Bookarage Platform.

You agree to treat Technicians courteously and lawfully, to provide a safe and appropriate working environment that is in compliance with all applicable laws and regulations, and to provide reasonable cooperation to enable Technicians to complete the Job. We do not control the availability of the independent Technicians on the Bookarage Platform. You acknowledge that your selected Technician may be unavailable from time to time.

Plastic, composite, and rubber engine and cooling system components are often affected by age and temperature fluctuations and become fragile over time. Because of this, such parts can break or even disintegrate during procedures that involve their disassembly or handling. You understand that Bookarage will not be held liable for these types of component failures and that in the event of such, Bookarage will provide you with a revised estimate to include the replacement of the failed component.

If you would like to receive the replaced vehicle parts upon completion of the Job, please contact us on +971505059547, or email us on Info@bookarage.com. And, if applicable, you will be charged the core price for the replacement part and you will be responsible for proper disposal of such parts in accordance with all applicable laws, regulations, and rules.

Communications. You expressly consent and agree to receive communications from us, including via e- mail, text message, calls, and push notifications, to the cellular telephone number you provided to us. You understand that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Bookarage or its affiliated companies, or Technicians, including operational communications concerning your Account, use of the Bookarage Platform, or Services, updates concerning new and existing features on the Bookarage Platform, communications concerning promotions, and news concerning us and our Services. You agree to our use of a service provider to mask your telephone number when you call or exchange text messages with a Technician. During this process, we will receive and store data, including the date and time of the call or text message, the phone numbers, and the content of the text messages. You agree to our use and disclosure of this data for legitimate business purposes. We may send you a confirmation and other transactional emails regarding the Services. We may also send you emails or text messages about services that we think might interest you (“Promotional Emails”).

Promotional Codes or Credits. We may create promotional codes or credits that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Technician’s services, subject to any additional terms associated with each promotion (“Promo Codes”). You agree that Promo Codes:

Must be used by the intended audience and for the intended purpose and in a lawful manner.

May not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by us.

May be disabled by us at any time for any reason without liability to Bookarage.

May only be used pursuant to the specific terms that we established for such Promo Code; (v) are not valid for cash

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.

may expire prior to your use.

Bookarage reserves the right to interpret how the Promo Codes will be used, or to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that we determine or believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

User Content. We may permit you from time to time to submit, upload, publish, or otherwise make available textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to us, you grant us a worldwide, perpetual, irrevocable, transferable, unrestricted, non-exclusive, absolute, royalty-free license, with the right to sublicense, use, copy, modify, transmit, reproduce, exhibit, disclose, display, transform, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. Further, we shall be free to use any ideas, concepts, know-how, or techniques contained in such User Content for any purpose whatsoever, including developing, manufacturing and marketing products and/or services incorporating any User Content. You represent and warrant that:

You either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases necessary to grant us the license to the User Content as set forth above.

Neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor our use of the User Content as permitted herein will infringe, misappropriate 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, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in our sole discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, or remove User Content, at our sole discretion and at any time and for any reason or no reason, without notice to you.

Network Access and Devices. You are responsible for obtaining the compatible hardware or devices and data network access necessary to use the Services. The Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications and we shall not be held liable for any such malfunction or delay.

Payment Terms

You understand that use of the Services may result in charges to you for the Vehicle Services you receive from a Technician (“Charges”). Charges may include any applicable, state, and local taxes. At the time you schedule a Job, we will record your preferred payment method information and validate your payment information. You authorize the payment of Charge(s) according to your preferred payment method information, or, if applicable, the payment of a cancellation fee if you cancel the Job and the payment of a rescheduling fee if you reschedule the Job. You agree not to make any alternative payment arrangement with the Technician who performs the Job. While we will use commercially reasonable efforts to ensure the security of all credit cards and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.

After you have received Vehicle Services obtained through your use of the Service, we will facilitate your payment of the applicable Charges on behalf of the Technician, as such Technician’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Technician. Charges paid by you are final and non-refundable unless otherwise determined by us. All Charges are due immediately. If your primary payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that we may, as the Technician’s limited payment collection agent, use a secondary payment method in your Account, if available.

We reserve the right to establish, remove and/or revise Charges for any or all Vehicle Services at any time at our sole discretion. If a Technician changes the Vehicle Services needed or adds additional Vehicle Services, you authorize the payment of updated or modified Charges. If the Technician determines that your car requires services other than the Vehicle Services you specified in your original Job Request or that the Technician is not able to perform such work, you may be charged a separate diagnosis fee.

Termination; Cancellation

Termination by Bookarage. We may terminate this Agreement or terminate or suspend your Account immediately at any time for any reason or for no reason upon notice to you. If we terminate or suspend your Account, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to pursue any available legal action. When terminating your Account, we may delete the Account and any information in it. You have no ownership rights to your Account.

Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Services (provided that there are no outstanding Services ordered under your Account). If you attempt to terminate this Agreement while there are still outstanding Services ordered under your Account, this Agreement shall not terminate until such Services have been performed or otherwise canceled as permitted by this Agreement.

Rescheduling of Jobs by You. You may reschedule a scheduled Job at any time, subject to the fees we specify.

Cancellation of Jobs by You. You may cancel a scheduled Job at any time, subject to the fees we specify.

Cancellation of Jobs by Technicians. When a Technician cancels a scheduled Job, we generally notify you and make your Service request available for another Technician. However, we cannot guarantee that a canceled Job will be selected by another Technician and rescheduled or that the Job Request will be completed. Technicians reserve the right to refuse a Job Request. You hereby agree to hold us harmless from any liability that may result from the cancellation of a Job or refusal of a Technician to complete a Job.

There may be instances where, after a Technician has arrived at your location, the Technician finds that he or she is not able to successfully complete the Job, for reasons including, without limitation, that the Technician does not have access or permission to work on your vehicle at the location you provided, that the location is not fit for automotive services (e.g., hill or uneven surface), or that the information you provided with respect to your vehicle is inaccurate or incomplete. In such instances, you may be charged a minimum fee or cancellation fee.

Inspection or Diagnosis Work

We do not provide inspections that are equivalent to state inspections. Obtaining any inspection through the Bookarage Platform does not indicate that your vehicle would pass a state inspection.

If you schedule a diagnosis Job with a Technician, he or she will first seek to diagnose the problem. In performing a diagnosis, he or she may go through a step-by-step process to rule out or confirm part failures through visual inspection and/or appropriate tests. Although Technicians use their experience in performing diagnoses, we cannot guarantee that any particular diagnosis will identify all of the problems with your car (and/or solutions) during the first inspection. Sometimes, the only way to get to the root cause of a problem is to go through a process of elimination – that is, to replace a part suspected to be defective and then see whether the problem still exists.

After receiving a diagnosis, you may request subsequent repair work recommended based on the diagnosis. You agree that our Limited Warranty applies only to such repair work, not to the completeness of the diagnosis or to any problems that you may be experiencing with your car (other than a problem with the replaced part itself). For example, if your car has an oil leak, the leak may be coming from two or three different places in your engine. The Technician may recommend replacing the part responsible for the most obvious source of the leak, and then recheck the car to see if other components are leaking too. You understand that, if there are other leaking components, replacing those other components would be separate work subject to an additional Charge.

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