Legal

Please read the details set out below carefully before using this website. By accessing this site and any pages thereof, you agree to be bound by the following terms and conditions, important notes and disclaimers (collectively the “Terms”). If you do not agree to the terms and conditions, do not access this site, or any pages thereof. If you experience difficulty accessing the terms and conditions, please contact us. Important Notice

The information on this site refers to services or products which are not available in certain locations, or which, in any relevant location, have components, methods, structures and terms different from the ones described, as well as restrictions on client eligibility. For details of services and products that may be available to you, please contact us at contact@tomcar.com

References to ‘TOMCAR’, ‘we’, ‘us’ and ‘our’ are references to TOMCAR Ltd worldwide business, and is not indicative of any legal entity or relationship. References to TOMCAR Ltd are references to TOMCAR Ltd, its subsidiaries and its associated companies.

References to ‘you’, ‘your’ and ‘yours’ are references to the person(s) accessing the Site or any Local Site.

Nothing here is to be deemed an offer, solicitation, endorsement, or recommendation to buy or sell any general or specific product or service. Terms

This Site may provide you with links or access to other TOMCAR Ltd websites (“Local Site”). Each Local Site may be governed by local terms and conditions in addition to these Terms and Conditions. Please read the Local Site terms and conditions carefully before using the Local Site. If the terms and conditions contained in the Site conflict with those of the Local Site, the terms and conditions of the Local Site shall prevail. Not all the products and services that you may be able to view via the Site are available in all geographical locations. The relevant TOMCAR Ltd member reserves the right to make the final determination on whether or not you are eligible for any particular product or service. This website is not directed to any person in any jurisdiction where (by reason of that person’ nationality, residence or otherwise) the publication or availability of this website is prohibited. Persons in respect of whom such prohibitions apply must not access this website.

The information, material and content provided in the pages of the Site or any Local Site may be changed at any time without notice. Changes may be made to these Terms and Conditions by us at any time without notice to you by updating the posting of the Terms and Conditions.

No Offer

Neither the information, nor any opinion contained in our Site constitutes an offer to sell or solicitation of an offer to buy any products or services.

Users

You are wholly responsible for use of the Site by any person using your computer and you must ensure that any such person complies with these Terms.

No Warranties – The following clauses exclude or limit our legal liability for the Site. You should read them carefully.

The contents of the Site and Local Sites are distributed to you without any warranty of any kind. We and the other members of the TOMCAR Ltd disclaim any and all warranties. Information on the Site and any Local Site is provided on an “as is”, “as available” basis and we do not give or make any warranty or representation of any kind, whether express, implied or statutory in respect of such information. Your use of the Site and any Local Site is at your sole risk. We do not represent or warrant that the Site or Local Site will be available or that it will meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties. We make no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the Site or any Local Site.

Exclusion of Liability

In no event, including (without limitation) negligence, shall we or any other members of the TOMCAR Ltd of Companies be liable for any damages, losses or liabilities (whether arising in contract, tort or otherwise) including, without limitation, direct or indirect, special, incidental, consequential damages, losses or liabilities (whether in respect of loss of profits, business, opportunity, data or otherwise), in connection with your use of the Site or your reliance on or use of or inability to use the information, products and services on the Site or in connection with any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if you advise us of the possibility of such damages, losses or expenses.

Third Party Sites and Warranties

Where we provide hypertext links to other locations on the Internet, we do so for information purposes only. We are not responsible for the content of any other websites or pages linked to or from the Site or any Local Site. We have not verified the content of any such websites. Following links to any other websites or pages shall be at your own risk. It is recommended that you view the linked website’s terms or privacy policy pages to understand how use of that website may affect you. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any information on the Site or Local Site.

Internal E-Mail

Messages sent over the Internet cannot be guaranteed to be completely secure as they are subject to possible interception, monitoring, loss or alteration. We are not responsible for them and will not be liable to you or anyone else for any damages or otherwise in connection with any message sent by you to us, or any message sent by us to you over the Internet.

 

Trademarks and Copyright

Copyright in the pages, screens, information and material and in their arrangement included in this Site or any Local Site is owned by or licensed to us or TOMCAR Ltd unless otherwise noted. We reserve all copyright, trademark, patent, intellectual and other property rights in the information and materials contained in the Site. No express or implied license is granted in this respect.

You may imprint, copy, download or temporarily store extracts from the Site or Local Site for your personal information or when you use our products and services. You must not alter anything. Any other use is prohibited unless you first get our written permission. In particular no one may use a part of our Site or Local Site on any other website, or link any other website to the Site or Local Site, without our prior written permission.

TOMCAR is a trademark of TOMCAR Ltd and all rights in and to TOMCAR vest in TOMCAR Ltd. Other than as provided above you may not use or reproduce the TOMCAR trademark, logo or brand name.

Data Protection

We may as a result of your interaction with the Site hold and process personal information obtained about you when you access the Site and use it to evaluate the effectiveness of our Site and for statistical analysis. We may pass this information to other members of the TOMCAR Ltd of Companies so that they may do the same and so that services may be processed for us and they may pass information held by them about you to us so that we may do these things.

We will not disclose any such information outside of the TOMCAR Ltd of Companies except for fraud prevention purposes, or if required/obliged by law or a regulator, or it is in the public interest, or it is in our interest (e.g. to protect us from or to recover loss), or under a strict code of secrecy to sub-contractors or persons acting as our agents.

All personal data wherever it is held in the TOMCAR Ltd or by its sub-contractors or agents will be afforded a high level of protection against any unauthorized or accidental disclosure, access or deletion. By agreeing to these Terms you agree to such data being so used and that it may be transmitted to others as stated above. You should also read our Privacy Statement.

Your Use of This Site

You may not use the Site or any Local Site for any purpose which is unlawful, abusive, libelous, obscene or threatening.

Important Notes

To ensure that we carry out your instructions accurately, to help us to continually improve our service and in the interest of security, we may monitor and/or record your telephone calls with us. All recordings are our sole property.

Governing Law

The Terms are governed by and interpreted in accordance with the laws of the State of Michigan. Any dispute arising under, out of, or in connection with, or in relation to these Terms or your use of this Site, shall be determined by arbitration administered by the International Centre for Dispute Resolution (“ICDR”) in accordance with its International Arbitration rules. The place of arbitration shall be New York, New York or such other place then available for ICDR case management and hearings shall occur at a place that is closest to Rochester, Michigan. Each party waives all defenses of lack of personal jurisdiction and forum non conveniens. Any award rendered therein shall be final and binding on the parties and judgment thereon may be entered thereon in any court having jurisdiction thereof. The arbitration and all testimony and documents submitted shall be in English.

For all purposes hereunder, User hereby submits to personal jurisdiction in both the State Courts for the State of Arizona and the Federal Courts located in Arizona.

OUR CONTACT INFORMATION:

TOMCAR USA, Inc.
1727 Deer Valley Road
Phoenix, AZ
USA