These Terms of Service ("Terms", "Terms of Service")
govern your relationship with Noir mobile application
(the "Service") operated by HURUY, Inc. ("us", "we",
or "our").
Please read these Terms of Service
carefully before using our Noir mobile application (the
"Service").
Your access to and use of the Service
is based on your acceptance of and compliance with these
Terms. These Terms apply to all visitors, users and
others who access or use the Service.
By accessing
or using the Service you agree to be bound by these
Terms and accept all legal consequences. If you do not
agree to these terms and conditions, in whole or in
part, please do not use the Service.
Purchases
If you wish to purchase any
product or service made available through the Service
("Purchase"), you may be asked to supply certain information
relevant to your Purchase including, without limitation,
your credit card number, the expiration date of your
credit card, your billing address, and your shipping
information.
You represent and warrant that:
(i) you have the legal right to use any credit card(s)
or other payment method(s) in connection with any Purchase;
and that (ii) the information you supply to us is true,
correct and complete.
By submitting such information,
you grant us the right to provide the information to
third parties for purposes of facilitating the completion
of Purchases.
We reserve the right to refuse
or cancel your order at any time for certain reasons
including but not limited to: product or service availability,
errors in the description or price of the product or
service, error in your order or other reasons.
We reserve the right to refuse or cancel your order
if fraud or an unauthorised or illegal transaction is
suspected. We will not be held responsible or liable
for any failure for the Purchase to complete, or any
resulting loss or damages to you.
Vehicle Damage
Liability Disclaimer
We provide services through independent
contractors who operate their vehicles during the
course of their work. While we take measures to
ensure the professionalism and diligence of our
contractors, we cannot assume responsibility for any
damages to vehicles that may occur during the
provision of our services.
By engaging our services, you acknowledge and
agree to the following:
1. Contractor Responsibility: Our contractors are
solely responsible for the operation of their
vehicles while providing services on behalf of us.
This includes adherence to traffic laws, safe
driving practices, and any damages resulting from
their actions.
2. No Liability for Vehicle Damage: We, our
affiliates, and employees are not liable for any
damages, including but not limited to scratches,
dents, accidents, or any other harm, sustained by
vehicles in connection with the services provided by
our contractors.
3. Insurance Coverage: It is recommended that
vehicle owners maintain appropriate insurance
coverage to address any damages that may occur
during the provision of services by our contractors.
4. Claims Process: In the event of vehicle damage
allegedly caused by one of our contractors, vehicle
owners must address their claims directly with the
contractor's insurance provider. We will not
facilitate or intervene in the resolution of such
claims.
5. Indemnification: By engaging our services, you
agree to indemnify and hold harmless our company,
affiliates, and employees from any claims, damages,
or liabilities arising from vehicle damage related
to the services provided by our contractors.
6. Limitation of Liability: In no event shall we,
our affiliates, or employees be liable for any
indirect, consequential, exemplary, or incidental
damages arising out of or in connection with vehicle
damage caused by our contractors.
By
continuing to use our services, you acknowledge that
you have read, understood, and agreed to the terms
outlined in this disclaimer.
Lost
Items Disclaimer
We strive to provide excellent service to our
valued customers. However, we cannot assume
responsibility for any lost items during the course
of our services. By engaging our services, you
acknowledge and agree to the following terms:
1. Customer Responsibility: Customers are solely
responsible for the safekeeping of their personal
belongings during the provision of our services.
This includes but is not limited to, items carried,
stored, or left unattended during service delivery.
2. No Liability for Lost Items:
We, our
affiliates, and employees are not liable for any
lost items, including but not limited to, personal
belongings, valuables, documents, or any other
property brought onto our premises or entrusted to
our care during the provision of services.
3. Precautionary Measures: Customers are encouraged
to take reasonable precautions to safeguard their
belongings, including securing valuables, not
leaving items unattended, and utilizing lockers or
storage facilities where available.
4. Claims Process: In the event of lost items,
customers must promptly report the incident to
us. While we will make reasonable
efforts to assist in locating lost items, we cannot
guarantee recovery or reimbursement.
5. Limitation of Liability: In no event shall
we, our affiliates, or employees be
liable for any indirect, consequential, exemplary,
or incidental damages arising out of or in
connection with lost items, including but not
limited to, financial loss, inconvenience, or
emotional distress.
6. Indemnification: By engaging our services, you
agree to indemnify and hold harmless
our company,
affiliates, and employees from any claims,
damages, or liabilities arising from lost items
during the provision of our services.
7. Third-Party Services:
We may engage
third-party service providers in the delivery of our
services. While we exercise due diligence in
selecting reputable partners, we cannot be held
responsible for any lost items resulting from the
actions or omissions of third-party providers.
By continuing to use our services, you acknowledge
that you have read, understood, and agreed to the
terms outlined in this disclaimer.
Availability,
Errors and Inaccuracies
In order to
provide exceptional service, and accuracy, we regularly
update the products and services on the Service.
We cannot and do not guarantee the accuracy or completeness
of any information, including prices, product images,
specifications, availability, and services. We reserve
the right to change or update information and to correct
errors, inaccuracies, or omissions at any time without
prior notice.
Despite our best efforts, the products
or services available on our Service may have an error
regarding the price, be inaccurately described, or be
unavailable.
We may experience delays in updating
information on the Service and in our advertising on
other websites.
Contests, Sweepstakes
and Promotions
Any contests, sweepstakes
or other promotions (collectively, "Promotions") made
available through the Service may be governed by rules
that are separate from these Terms. If you participate
in any Promotions, please review the applicable rules
as well as our Privacy Policy. If the rules for a Promotion
conflict with these Terms, the Promotion rules will
apply.
Promotions may be available for a limited
time.
Accounts
When you
create an account with us, you must provide us information
that is accurate, complete, and current at all times.
Failure to do so constitutes a breach of the Terms,
which may result in immediate termination of your account
on our Service.
You are responsible for safeguarding
the password that you use to access the Service and
for any activities or actions under your password, whether
your password is with our Service or a third-party service.
You agree not to disclose your password to any third
party. You must notify us immediately upon becoming
aware of any breach of security or unauthorized use
of your account.
Intellectual Property
The Service and all contents, including but not
limited to text, images, graphics or code are the property
of HURUY, Inc. and are protected by copyright, trademarks,
database and other intellectual property rights. You
may display and copy, download or print portions of
the material from the different areas of the Service
only for your own non-commercial use, or to place an
order with HURUY, Inc.. Any other use is strictly prohibited
and may violate copyright, trademark and other laws.
These Terms do not grant you a license to use any trademark
of HURUY, Inc. or its affiliates. You further agree
not to use, change or delete any proprietary notices
from materials downloaded from the Service.
Links To Other Web Sites
The
Service may contain links to third-party web sites or
services that are not owned or controlled by HURUY,
Inc..
HURUY, Inc. has no control over, and assumes
no responsibility for, the content, privacy policies,
or practices of any third party web sites or services.
You further acknowledge and agree that HURUY, Inc. shall
not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such
content, goods or services available on or through any
such websites or services.
We strongly advise
you to read the terms and conditions and privacy policies
of any third-party web sites or services that you visit.
Termination
We may terminate
or suspend access to our Service immediately, without
prior notice or liability, for any reason whatsoever,
including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination,
including, without limitation, ownership provisions,
warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service
will immediately cease. If you wish to terminate your
account, you may simply discontinue using the Service.
Indemnification
You agree
to indemnify, defend and hold harmless HURUY, Inc.,
its principals, officers, directors, representatives,
employees, contractors, licensors, licensees, suppliers
and agents, from and against any claims, losses, damages,
losses, obligations, costs, actions or demands.
These include but are not limited to: (a) legal
and accounting fees resulting from your use of the Service;
(b) your breach of any of these Terms; (c) anything
you post on or upload to the Service; and (d) any activity
related to your account. This includes any negligent
or illegal conduct by you, any person or entity accessing
the Service using your account whether such access is
obtained via fraudulent or illegal means.
Limitation Of Liability
HURUY,
Inc., its directors, employees, partners, agents, suppliers,
or affiliates, shall not be liable for any loss or damage,
direct or indirect, incidental, special, consequential
or punitive damages, including without limitation, economic
loss, loss or damage to electronic media or data, goodwill,
or other intangible losses, resulting from (i) your
access to or use of the Service; (ii) your inability
to access or use the Service; (iii) any conduct or content
of any third-party on or related to the Service; (iiv)
any content obtained from or through the Service; and
(v) the unauthorized access to, use of or alteration
of your transmissions or content, whether based on warranty,
contract, tort (including negligence) or any other claim
in law, whether or not we have been informed of the
possibility of such damage, and even if a remedy set
forth herein is found to have failed of its essential
purpose.
Disclaimer And Non-Waiver of
Rights
HURUY, Inc. makes no guarantees,
representations or warranties of any kind as regards
the website and associated technology. Any purportedly
applicable warranties, terms and conditions are excluded,
to the fullest extent permitted by law. Your use of
the Service is at your sole risk. The Service is provided
on an "AS IS" and "AS AVAILABLE" basis. The Service
is provided without warranties of any kind, whether
express or implied, including, but not limited to, implied
warranties of merchantability, fitness for a particular
purpose, non-infringement or course of performance,
except as provided for under the laws of any province
in Canada. In such cases, the provincial law shall apply
to the extent necessary.
HURUY, Inc. its subsidiaries,
affiliates, and its licensors do not warrant that a)
the Service will function uninterrupted, secure or available
at any particular time or location; b) any errors or
defects will be corrected; c) the Service is free of
viruses or other harmful components; or d) the results
of using the Service will meet your requirements.
If you breach any of these Terms and HURUY, Inc.
chooses not to immediately act, or chooses not to act
at all, HURUY, Inc. will still be entitled to all rights
and remedies at any later date, or in any other situation,
where you breach these Terms. HURUY, Inc. does not waive
any of its rights. HURUY, Inc. shall not be responsible
for any purported breach of these Terms caused by circumstances
beyond its control. A person who is not a party to these
Terms shall have no rights of enforcement.
You
may not assign, sub-license or otherwise transfer any
of your rights under these Terms.
Exclusions
As set out, above, some jurisdictions do not allow
the exclusion of certain warranties or the exclusion
or limitation of liability for consequential or incidental
damages, so the limitations above may not apply to you.
Provincial laws of Canada may apply to certain products
and service provided.
Governing Law
These Terms shall be governed by, and interpreted
and enforced in accordance with, the laws in the Province
of and the laws of Canada, as applicable.
If
any provision of these Terms is held to be invalid or
unenforceable by a court of competent jurisdiction,
then any remaining provisions of these Terms will remain
in effect. These Terms constitute the entire agreement
between us regarding our Service, and supersede and
replace any prior agreements, oral or otherwise, regarding
the Service.
Changes
We reserve the right, at our sole discretion, to modify
or replace these Terms at any time. If a revision is
material we will make reasonable efforts to provide
at least 30 days' notice prior to any new terms taking
effect. What constitutes a material change will be determined
at our sole discretion.
By continuing to access
or use our Service after those revisions become effective,
you agree to be bound by the revised terms. If you do
not agree to the new terms, in whole or in part, please
stop using the website and the Service.
Contact Us
If you have any questions
about these Terms, please
contact us.