TIMEWASH: A CleanPay Company
WEBSITE TERMS
PART 1
1. DEFINITIONS
“Agreement” means this terms and conditions, which shall govern the use of the services as described in the Agreement. This Agreement shall take precedence over any other agreement and shall be the only applicable terms and conditions governing the services to be provided by Cleanpay Limited.
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“Booking Services” means the services set forth in this Agreement, which shall be provided to you by Cleanpay Limited.
“Car Wash Providers (CWP)” means licensed Car Wash Providers to carry out car wash services in accordance with the Legislation.
“Cleanpay Limited” means Cleanpay Limited, a private limited company incorporated and registered in England and Wales with company number 11962979, whose registered office is at 14 Gateholm Close Ingleby Barwick, Stockton-On-Tees, England, TS17 0NR.
“Timewash App” means the software application and related services provided by Cleanpay Limited to you pursuant to terms and conditions set forth below.
2. THE PROVISION OF BOOKING SERVICES BY CLEANPAY LIMITED.
Cleanpay Limited provides to you with certain booking services (the “Booking Services”). The Booking Services include:
Accepting bookings requested by you (which include bookings requested in advance by you using the “scheduled car wash” function in the Timewash App) in accordance with this Agreement, but without prejudice to Cleanpay Limited rights at its sole and absolute discretion to
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Decline any such request and/or cancel an accepted booking;
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Identifying suitable Car Wash Providers;
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Monitoring and keeping records of all bookings;
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Receiving and dealing with feedback, questions and complaints relating to bookings accepted by Cleanpay Limited. You are encouraged to provide your feedback if any of the Car Wash Provider do not conform to your expectations;and
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in each case in accordance with any relevant provisions of the applicable law.
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Pursuant to, and for the purposes of the applicable law, Cleanpay Limited accepts bookings at its registered address and/or operating centres and is subject to all statutory and regulatory obligations and liabilities with respect to that activity.
3. YOUR CAR WASH CONTRACT WITH A CAR WASH PROVIDER
Cleanpay Limited is not a Car Wash Provider and does not provide car wash services. Car wash services are provided to you under a contract (the “Car Wash Contract”) between you and the Car Wash Provider that is identified to you in the booking confirmation provided by CleanPay Limited.
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The Car Wash Provider may be licensed in an area other than where the booking is requested or the car wash services are provided.
Cleanpay Limited is not a party to the Car Wash Contract and acts as a disclosed agent for the Car Wash Provider in communicating the Car Wash Provider’s agreement to enter into the Car Wash Contract.
4. PAYMENT
The Booking Services are provided by Cleanpay Limited to you free of charge. Cleanpay Limited reserves the right to introduce a fee for the provision of the Booking Services. If Cleanpay Limited decides to introduce such a fee, it will inform you accordingly and allow you to either continue or terminate your access to the Booking Services through the Timewash App at your option.
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The rates that apply for the car wash services provided by the Car Wash Provider can be found on the Cleanpay Limited website and through the Timewash App. These may be modified or updated from time to time. It is your responsibility to remain informed about the current rates for the car wash services.
5. LIMITATION OF LIABILITY
To the extent permitted by applicable law, Cleanpay Limited will not be liable to you in any way (whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for: any theft or loss of your or any other person’s property in connection with the Booking Services or any booking accepted by Cleanpay Limited; including but not limited to:
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any booking that has not been accepted.
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any loss, damage, costs, expenses or liability suffered by anyone other than you in connection with your use of the Timewash App.
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any losses that could not reasonably be expected to result from our negligence or breach of these Agreement.
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any loss relating to your business or the business of your employer or any other person.
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any direct, indirect or consequential loss; loss of profits, loss of revenue, loss of opportunity, loss of business or employment (whether or not such loss could be reasonably expected to flow from our negligence or breach of this Agreement).
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any other loss, damage, costs, expenses or liability that you suffer in connection with the Booking Services, save to the extent that Cleanpay Limited fails to perform its obligations to you to the standard of a diligent and professional provider of the relevant services.
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If Cleanpay Limited is liable to you in connection with the Booking Services, its liability will be limited to an amount equal to £100 in aggregate.
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Nothing in this Agreement will limit or exclude Cleanpay Limited liability to you for personal injury or death caused directly by Cleanpay Limited negligence.
6. APPLICABLE LAWS
This Agreement, the Booking Services and Terms of Use set out in this Agreement, and all non-contractual obligations arising in any way whatsoever out of or in connection with the Booking Service shall be governed by, construed and take effect in accordance with the laws of England and Wales.
Any dispute, claim or matter of difference arising out of or relating to the Booking Services or this Agreement is subject to the exclusive jurisdiction of the courts of England and Wales.
PART 2 – TERMS OF USE
This Terms of Use (“Terms”) apply to your visit to and your use of the Cleanpay website and the Timewash App as well as to all other information, recommendations and/or services provided to you on or through the Cleanpay website and the Timewash App.
1. CONTRACTUAL RELATIONSHIP
These Terms in Part 2 govern the access or use by you, an individual, from within the United Kingdom In relation to Car Wash Provider Bookings, the services enable you to access the Booking Services provided by Cleanpay described in Part 1 above.
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PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the services constitute your agreement to be bound by this Agreement, which establishes a contractual relationship between you and Cleanpay Limited. If you do not agree to this Agreement, you may not access or use the services. This Agreement expressly supersede prior agreements or arrangements with you. Cleanpay Limited may 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. Cleanpay Limited will provide you with as much notice as it reasonably can of such termination, cessation or denial, being at least 24 hours’ notice. However, Cleanpay Limited reserves the right to terminate this Agreement or any services with respect to you, or generally cease offering or deny access to the services or any portion thereof, immediately at any time without notice if (i) you are in breach of this Agreement, (ii) it is impractical to give such notice in the circumstances, or (iii) in Cleanpay Limited’s opinion, any delay in such termination would expose Cleanpay Limited or a third party to significant risk of harm or damage.
Supplemental terms may apply to certain services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable services. Supplemental terms are in addition to, and shall be deemed a part of, this Agreement for the purposes of the applicable services. Supplemental terms shall prevail over this Agreement in the event of a conflict with respect to the applicable services.
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Cleanpay Limited may amend the terms related to the services from time to time. Amendments will be effective upon Cleanpay Limited’s posting of such updated terms at this location or the amended policies or supplemental terms on the applicable service. Your continued access or use of the services after such posting constitutes your consent to be bound by the terms, as amended.
Our collection and use of personal information in connection with the services is as provided in Cleanpay Limited’s Privacy policy. Cleanpay Limited may provide to a claim’s processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict.
2. THE SERVICES
The services constitute a technology platform that enables users of the TimeWash App, mobile applications or websites provided as part of the services (each, an “Application”) to pre-book and schedule car wash services with Car Wash Providers in accordance with this Agreement. Unless otherwise agreed by Cleanpay Limited in a separate written agreement with you, the services are made available solely for your personal, non-commercial use.
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YOU ACKNOWLEDGE THAT CLEANPAY LIMITED DOES NOT PROVIDE CAR WASH SERVICES. CAR WASH SERVICES ARE PROVIDED BY INDEPENDENT CASH WASH PROVIDERS WHO ARE NOT EMPLOYED BY CLEANPAY LIMITED OR ANY OF ITS AFFILIATES.
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License
Subject to your compliance with this Agreement, Cleanpay Limited grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the services; and (ii) access and use any content, information and related materials that may be made available through the services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Cleanpay Limited.
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Restrictions
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the services; (ii) 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 Cleanpay Limited; (iii) decompile, reverse engineer or disassemble the services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the services; (v) 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; or (vi) attempt to gain unauthorized access to or impair any aspect of the services or its related systems or networks.
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Provision of the Services
You acknowledge that portions of the services may be made available under Cleanpay Limited’s various brands or booking options associated with Car Wash Services. You also acknowledge that the services may be made available under such brands, booking or request options by or in connection with: (i) certain of Cleanpay Limited’s subsidiaries and affiliates:
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Third Party Services and Content.
The services may be made available or accessed in connection with third party services and content (including advertising) that Cleanpay Limited does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Cleanpay Limited does not endorse such third-party services and content and in no event shall Cleanpay Limited be responsible or liable for any products or services of such third-party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation, Samsung or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.
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Ownership.
The services and all rights therein are and shall remain Cleanpay Limited’s property or the property of Cleanpay Limited’s licensors. Neither this Agreement nor your use of the services convey or grant to you any rights: (i) in or related to the services except for the limited license granted above; or (ii) to use or reference in any manner Cleanpay Limited’s company names, logos, product and service names, trademarks or services marks or those of Cleanpay Limited’s licensors.
3. YOUR USE OF OUR SERVICE.
User Accounts.
In order to use most aspects of the services, you must register for and maintain an active personal user services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Cleanpay Limited certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the services or Cleanpay Limited’s termination of this Agreement with you. 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. Unless otherwise permitted by Cleanpay Limited in writing, you may only possess one Account.
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User Requirements and Conduct.
The service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the services, and you may only use the services for lawful purposes. You will not, in your use of the services, cause nuisance, annoyance, inconvenience, or property damage to the any party. In certain instances, you may be asked to provide proof of identity to access or use the services, and you agree that you may be denied access to or use of the services if you refuse to provide proof of identity.
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Text Messaging.
By creating an Account, you agree that the services may send you text (SMS) messages and Email as part of the normal business operation of your use of the services. You may opt-out of receiving text (SMS) messages from Cleanpay Limited at any time. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the services.
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Promotional Codes.
Cleanpay Limited may, in Cleanpay Limited’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the services and/or a third-party provider’s services, subject to any additional terms that Cleanpay Limited establishes on a per promotional code basis (“ Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Cleanpay Limited; (iii) may be disabled by Cleanpay Limited at any time for any reason without liability to Cleanpay Limited; (iv) may only be used pursuant to the specific terms that Cleanpay Limited establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Cleanpay Limited reserves the right 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 Cleanpay Limited determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.
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User Provided Content.
Cleanpay Limited may, in Cleanpay Limited’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Cleanpay Limited through the services 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 Cleanpay Limited, you grant Cleanpay Limited a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, 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 (including in connection with the services and Cleanpay Limited’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
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You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Cleanpay Limited the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Cleanpay Limited’s 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.
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You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Cleanpay Limited in its sole discretion, whether or not such material may be protected by law. Cleanpay Limited may, but shall not be obligated to, review, monitor, or remove User Content, at Cleanpay Limited’s sole discretion and at any time and for any reason, without notice to you.
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Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the services. Your mobile network’s data and messaging rates and fees may apply if you access or use the services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the services and Applications and any updates thereto. Cleanpay Limited does not guarantee that the services, or any portion thereof, will function on any particular hardware or devices. In addition, the services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications
4. PAYMENT
You understand that use of the services may result in charges to you for the services or goods you receive from a third-party provider (“Charges”). After you have received services or goods obtained through your use of the services, Cleanpay Limited will facilitate your payment of the applicable Charges on behalf of the third-party provider as disclosed payment collection agent for the third-party provider (as Principal). Payment of the Charges in such manner shall be considered the same as payment made directly by you to the third-party provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Cleanpay Limited. You retain the right to request lower Charges from a third-party provider for services or goods received by you from such third-party provider at the time you receive such services or goods. Cleanpay Limited will respond accordingly to any request from a third-party provider to modify the Charges for a particular service or good.
All Charges are due immediately and payment will be facilitated as soon as practicable by Cleanpay Limited using the preferred payment method designated in your Account, after which Cleanpay Limited will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Cleanpay Limited may, as the Third Party Provider’s disclosed payment collection agent, use a secondary payment method in your Account, if available.
As between you and Cleanpay Limited, Cleanpay Limited reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the services at any time in Cleanpay Limited’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Cleanpay Limited will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Cleanpay Limited may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the services or the Charges applied to you. You may elect to cancel your request for services or goods from a third-party provider at any time prior to such third-party provider’s arrival, in which case you may be charged a cancellation fee. The current cancellation policy applicable in the UK can be found at this link.
You understand and agree that, while you are free to provide additional payment as a gratuity to any third-party provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the service, you will have the opportunity to rate your experience and leave additional feedback about your third-party provider.
5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.
DISCLAIMER.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CLEANPAY LIMITED DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, CLEANPAY LIMITED MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. CLEANPAY LIMITED DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
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CLEANPAY LIMITED SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF CLEANPAY LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLEANPAY LIMITED SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF CLEANPAY LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLEANPAY LIMITED SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND CLEANPAY LIMITED’S REASONABLE CONTROL. IN NO EVENT SHALL CLEANPAY LIMITED’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED GREAT BRITISH POUNDS (£100).
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CLEANPAY LIMITED’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE CASH WASH SERVICES WITH CAR WASH PROVIDERS OR ANY THIRD PARTY PROVIDERS, BUT YOU AGREE THAT CLEANPAY LIMITED HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY CAR WASH SERVICES PROVIDED TO YOU BY ANY CAR WASH PROVIDER OR THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT.
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THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
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Indemnity
You agree to indemnify and hold Cleanpay Limited and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the services or services or goods obtained through your use of the services; (ii) your breach or violation of any of this Agreement; (iii) Cleanpay Limited’s use of your User Content; or (iv) your violation of the rights of any third party, including third-party providers.
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6. GOVERNING LAWS
Except as otherwise set forth in this Agreement, the terms contained in this Part 2 shall be as stated in this Agreement.
7. OTHER PROVISIONS
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to Cleanpay Limited’s designated agent. Please visit Cleanpay Limited’s web page for the designated address and additional information.
Notice.
Cleanpay Limited may give notice by means of a general notice on the services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Cleanpay Limited by written communication to Cleanpay Limited ‘s address.
General.
You may not assign or transfer this Agreement in whole or in part without Cleanpay Limited’s prior written approval. You give your approval to Cleanpay Limited for it to assign or transfer this Agreement in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Cleanpay Limited’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Cleanpay Limited or any third-party provider as a result of the contract between you and Cleanpay Limited or use of the services.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement but the legality, validity and enforceability of the other provisions in this Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of this Agreement. This Agreement constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.