Terms of Use of carOne
Key Terms
Below is a summary of the key terms of these Terms of Use. This summary is for your reference only and does not form part of the Terms of Use.
- Use of the App is subject to these Terms of Use - if you don't agree to the Terms of Use, please stop using the App immediately.
- The App is for your personal or end use only and you may not commercialise the App or its features.
- If you add vehicles to the App which do not belong to you, you represent and warrant that you have a legitimate ground and you are authorised to possess and provide information about the vehicle to the App.
- We may collect data about your added vehicles from registers and other persons who has such data. We will need your authorisation to obtain such data and add it to the App.
- When you order Services via the App from third party providers and make payments to them, we act as your agent in respect of those services and payments and we have no liability to you for any acts, omissions, errors or defaults of the providers of those Services. You will be subject to the relevant provider's terms of use and privacy policy (which will be different from ours) and you should read those carefully.
- The App is provided on an “as is” basis and, except to the extent required by the law, we don’t guarantee that it will always be available, error free, or will meet your expectations, or that all the information in the App is up to date or accurate at all times and we accept no liability for unavailability, errors, inaccuracies or omissions. We recommend that you check the accuracy and completeness of any information before relying on it.
1. Introduction
Here at carOne, we don’t really like long terms and conditions, but these are important. The carOne Terms of Use set out in this document, together with our carOne Privacy Policy, set out the rules which cover our relationship with you in relation to our App.
These apply to you if you use our App and are legally binding so please read them. You may also want to print them out or save them on your device in case you ever want to come back to them in the future.
Please remember that these Terms of Use aren’t a complete list of all your or our rights or responsibilities, as there might be others under general law. If you want more information about your general rights as a consumer, contact a consumer advice organisation, such as the State Consumer Rights Protection Service.
The App is provided to you subject to these Terms of Use (the "terms"). By signing up for and using the App you agree to these terms. If you do not agree with these terms, you must not use the App.
2. Who are we?
We are UAB "Carone" (also referred to as "we", "our" and "carOne"). We are registered in Lithuania, code 306657511, and have our registered office at Aukštaičių str. 7, LT-44148, Vilnius.
3. How the App works
The carOne mobile application (the "App") is an online platform made available by us and provides a range of functionality in connection with handling your vehicle matters, including the ability to order services from third parties and make payments for their services (“Services”). The App aims to make car-related matters effortless by allowing you to manage and track them in one place.
The App allows or will allow you to order from and make payments to the following types of service providers:
- instant services (e.g. fuel, charging, parking, carwash, etc.)
- long-term services (e.g. car insurance, roadside assistance, car sale advertisement placement etc.)
Some of the listed services may not yet be active in the App, we will be adding them in the future. We may also add new services not listed in the list of examples above.
We may also introduce limitations for some services or exclude certain vehicles, for example, roadside assistance may not be available for: M1 category vehicle with more than 6 passenger seats and 1 driver's seat; N1 category vehicle with a gross weight exceeding 2500 kg and/or height greater than 2.9 m; a motorhome equipped with a living room with seating, a table, sleeping places, kitchen and food storage equipment; N1-BAF category vehicle (car transporter), specially designed for transporting one or more cars.
When you use the App to purchase a Service from a third-party provider, you will purchase the Service in your name from the relevant third party. We will do this by communicating your order and details to the third party via our payment service provider Adyen. You acknowledge that we will be authorised (under these Terms of Use) to communicate your order and details to the third party, this is essentially the same as if you had communicated them directly to the third party. The resulting purchase will be between you and the third party directly, we are solely an intermediary for your purchase of the Service, we do not perform it or act on behalf of the third party. If you experience any issues relating to the Services you purchase via the App, you must contact the relevant provider. We have no liability to you for any acts, omissions, errors or defaults of the providers in connection with the Services. For more details, please see section 13 (Liability Disclaimer) below.
In respect of payments for any Services, we use a third-party payment service provider, Adyen, to process payments for Services purchased through the App. We do not process any payments directly ourselves.
The App is free for you to use and we do not receive a fee or commission from providers when you use or purchase their services via our App.
Please be aware that you will be subject to the relevant provider's terms of use and privacy policy (which will be different from ours) and you should read those carefully.
Refunds are dependent on our discretion and the policy of the relevant provider. We seek your full satisfaction with the services and the App. If you experience a problem with the App, or the services, we would like to troubleshoot an issue you experience first. Please contact us immediately through the email (info@carone.app), if you were not able to use provided services as expected or if you had any other problems. In cases, when we confirm that your App balance or your App-linked payment instrument was charged, but you were not able to use the services properly, we may offer a refund.
Any refunds shall be returned into the same payment instrument, from which the original payment was made.
All trademarks appearing in the App are the property of their respective owners and their appearance in the app in no way implies any affiliation with the owners.
4. Vehicle data collection on your behalf
The App also enables you to request your vehicle data from those who process that data, add and view them in the App. This may be registration data from the State Enterprise REGITRA, vehicle insurance claims history from the insurers, service data from service centres, details from the manufacturer, data from property or other legal registers.
We will prepare and submit on your behalf a request to those data controllers asking them to send us the vehicle data to make it available in the App. As part of the authorisation, you will have to enter your personal code and sign the request with electronic signature. This information is only used to verify your identity with and obtain vehicle related data. It is stored encrypted and is not accessible to anyone.
By using vehicle data collection service, you consent to the following:
- the service is for informational purposes only. We are not liable for the accuracy of the data we present in our App. The source of truth for the information is the data controller who provides the data. If you have any queries about the information on your vehicle, you can contact direct data controller;
- We will conduct automated background refreshes using your personal information to keep your licence details up to date;
- If when using this service you manage details of a vehicle belonging to another person, you must have the other person’s consent, legal ground or authorisation to possess and use their information.
If you wish to stop using this service, you can delete your account or remove the added vehicle from the App.
In certain cases, we may collect the data from third parties ourselves, however, we will then ask for your consent to provide your personal code to such parties and to obtain data from them. Detailed information can be found in carOne Privacy Policy [link to Privacy Policy].
5. Your Account
You must register for an account with us in order to use the App. Registering false contact information of any kind may result in the suspension or termination of your account.
You may only use and access the App on your own behalf and not on behalf of anyone else. Please ask them to sign up on their own behalf if they wish to use the App.
Your registered account details (including your password) are confidential. You must not disclose this information to any third party. You are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other action taken in connection with your account.
If you add a vehicle to your account you must have the explicit consent or any other legal ground or authorisation of the registered keeper of the vehicle. You are responsible for ensuring you continue to have this consent and may be required to evidence this consent at any time.
You must immediately notify us of any unauthorised use of your account or any other breaches of security.
6. Who can use the App?
You are welcome to download and use our App if you agree to comply with these Terms of Use and you:
- are over 18 years old;
- are a real, live person accessing our services for your personal or end-use (you can’t make money from the use of our App);
- when you are not the owner of the vehicle, you have a legal ground and authorisation to possess and provide the information about your vehicle to the App; and live in Lithuania.
7. Support and how to contact us
If you have any questions relating to these terms, if you are having any trouble using the App or if you wish to make a complaint, please contact us by emailing at info@carOne.app.
8. Updates to the App
We may update the App and change the Services available on the App from time to time to improve performance, enhance functionality, reflect changes to our users’ needs or our business priorities or to address security issues. We may also replace of remove some functionality. If you are not happy with changes to the App, you may terminate the agreement by deleting your account and the App from your device. Alternatively, we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and we will not be liable for conformity of those features of the App which the relevant updates are supposed to maintain in conformity.
9. Changes to these Terms
We may amend these terms from time to time, for example, to reflect changes in law, the functionality of the App or the Services offered through it, or adapt to market changes. We will notify changes to these terms at least 15 days in advance via push notifications or any other manner we deem appropriate. Your continued use of the App after the changes take effect will confirm your acceptance of the revised terms. Please check the terms whenever you use the App to ensure you understand the terms that apply at that time.
10. Privacy
Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our carOne Privacy Policy [link] and it is important that you read that information.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
11. Licence and restrictions
The App is made available free of charge on a non-exclusive, non-transferable basis for your personal, non-commercial end-use only. This means that you cannot make money from your use of the App.
You agree that you are solely responsible for any costs and expenses you may incur in relation to your use of the App.
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the access to the App in any form, in whole or in part to any person without prior written consent from us;
- not copy the App except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except solely to the extent such actions cannot be prohibited by law;
- not remove, alter, or obscure any copyright, trademark or other proprietary notices appearing in or on the App.
All intellectual property rights in the App throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App other than the right to use them in accordance with these terms.
12. Acceptable use
You may only use the App for lawful purposes. You must not access or use the App (or any of the Services or content made available through the App):
- in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
- in a way that infringes our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by these terms);
- to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
- in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- to collect, mine or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App;
- to access or interfere with another user's account or information, impersonate another person or create or use a false identity or contact details; or
- in any way that is not authorised by us or is detrimental to us or our third party service providers.
13. Liability Disclaimer
Please read the provisions of this section carefully as they exclude or limit our liability for any losses suffered by you in connection with your use of the App.
If you are a consumer, the law requires us to provide you with the App and Services which would be fit for the purposes for which apps of the same type would normally be used; and which possesses the qualities and performance features, including in relation to functionality, compatibility, accessibility, continuity and security, normal for digital services of the same type and which you may reasonably expect, given the nature of the digital service.
To the extent permitted by law, we exclude all warranties, representations or other terms which may apply to our App, any content on it or Services accessed through it, whether express or implied. If you are a consumer, mandatory statutory warranties and protections will apply to you.
Except for our statutory guarantee of conformity, which applies to consumers, we will not be liable to you or any third party for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:
- use of, inability to use or unavailability of the App (or any part of it);
- use of any products, data, information or services accessed or obtained, or messages received or transactions entered into, through or from the App, including use of or reliance on any content displayed on or made available through our App;
- unauthorised access to or alteration of your transmissions or data; or
- any inaccuracy or incompleteness of any information received by you or by us through the App.
You acknowledge that when you use our App to make payments to third party providers, your payments will be rendered by Adyen N. V., a payment service provider. We do not accept any responsibility or liability to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, that you may incur if any Services you purchase do not meet your requirements or are not suitable for you, or for any acts, omissions, errors or defaults of any third party in connection with those Services.
We shall only be responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time you accepted these terms.
We try to ensure that all content provided by us on the App is accurate. However, we don’t guarantee that all the information in the App is up to date or accurate at all times and we accept no liability for inaccuracies or omissions. Any reliance that you may place on the information on the App is at your own risk. We recommend that you check the accuracy and completeness of any information before relying on it.
Although we take all reasonable steps to protect our systems using virus checking software, please note that any content downloaded from our App is at your own risk. We do not accept liability for any loss or damage that you suffer as a result of any distributed denial-of-service attacks, computer viruses, Trojan horses, worms, software bombs or other damaging items resulting from your use of our App. You are responsible for protecting your devices from exposure to viruses by the use of anti-virus, antimalware software, firewalls and any other technical measures necessary.
We do not guarantee the availability of the App. As with any service over the Internet or mobile network, there are factors over which we have no control, for which we cannot accept liability. We may suspend, withdraw or restrict the availability of all or any part of the App where we consider that this is necessary for maintenance or any other business or operational reasons without any prior notice or liability to you.
Except for our statutory duty of conformance, which applies to consumers, the App is provided on an 'as is' and 'as available' basis. We try to make sure that it will work on each compatible mobile device, however, we do not guarantee that the App will be suitable for your needs or that it will work accurately or in any particular way.
We shall not be liable for any delay or failure to provide our services or perform any obligation under these terms if the delay or failure is caused by circumstances beyond our reasonable control.
We do not charge you a separate fee for access to and use of the App. On this basis, our total aggregate liability for any losses and/or damage suffered by you will be limited to 50 EUR.
We will never be liable for any consequential, or indirect damages (loss of income), economic loss, or for loss of data.
14. We may end your rights to use the App if you break these terms
We reserve the right at any time to terminate your agreement with us and your use of the App, with or without cause, immediately upon giving you notice in writing to the email address provided by you when you registered for your account (or any subsequent email address you provide). In particular, we may do this if:
- you use the App in a manner that is deemed by us to be contrary to these terms or fraudulent; or
- if we stop providing the carOne App.
In such instances, we are not liable to you for the cost of any Services purchased by you through the App which you are no longer able to access or use as a result of your account being deleted or suspended.
If you no longer wish to use the App, you can close and delete your account by emailing your request to info@carOne.app. Please note that once deleted, your account cannot be recovered.
15. We may transfer these terms to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms or privacy laws.
16. If part of this contract is found illegal, the rest will continue to be in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17. If we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
18. Notices
You agree that any notices and other communication may be given by us by email or posted on our App and this will comply with any legal requirement for such communications to be in writing.
19. Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by the law of Lithuania and you can bring legal proceedings in respect of the App or Services in the Lithuanian courts. You may also file a complaint with the State Consumer Rights Protection Service (www.vvtat.lt (http://www.vvtat.lt)) or via the Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr (https://ec.europa.eu/consumers/odr).
20. Promotions
carOne occasionally offers promotions / rewards to new and existing users (for example, for inviting friends to carOne, or purchasing certain services from time to time).
Only eligible users who meet the requirements of the offer shall be entitled to receive any rewards
carOne reserves the right to:
- amend, alter or change the promotion at any time, without notice; and
- terminate any promotions at any time, without notice. In the event that any promotion is terminated, carOne will not be obliged to give any person a promotional reward that would have otherwise qualified for it.
You cannot abuse any reward or promotional offer in any way - carOne rewards the right to decide if you are deemed to have abused the offer or reward. If you are suspected of abusing any rewards or promotional offers, your eligibility to any rewards will be nullified and we may suspend or delete your account.