Terms & Conditions
Effective Date: These Terms and Conditions were last updated on 5th September 2022.
DEFINITIONS
“content” in the case of CARANDUS.COM means anything users of Carandus.com post, including you or other users, including material you or other users provide or share using Carandus.com which can include, but is not limited to, copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos and/or graphics.
“data” means content or information that you or other users of EVHACS.COM and/or Carandus.com or third parties can retrieve from EVHACS.COM and/or Carandus.com or provide to either site.
“information” means information about you, including facts, including actions taken by users and non-users of EVHACS.COM and/or Carandus.com who interact with EVHACS.COM and/or Carandus.com.
“official Government licensing authority” means, in the case of Carandus.com, in Ireland, the Vehicle Registration Unit, Driver and Vehicle Computer Services Road Division, Department of Transport Tourism and Sport, Shannon, Co. Clare.
“official vehicular information” means information populated by Carandus.com for each vehicle registered by a user and includes, but is not limited to, make and model, vehicle registration number, taxation band, basic environmental information, Car Test due dates (MOT, NCT etc.), and ownership change dates.
“post” means making available by using EVHACS.COM and/or Carandus.com.
“the Terms” means the terms and conditions set out herein on the Site.
“the Site” means EVHACS.COM and/or CARANDUS.com depending on whichever of the two sites you are using at the time of Use.
“social profile” in the case of Carandus.com, means content you post to Carandus.com and does not include official vehicular information.
“use” means use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
GENERAL
By using EVHACS.COM and/or Carandus.com you agree to be bound by all of the Terms and Conditions (the “Terms”). If you do not agree to all the Terms, then you should immediately cease all usage of the Site. The Terms make up the entire agreement between the parties regarding the Site and supersedes any prior agreements. You will not transfer any of your rights or obligations under the Terms to anyone else without the consent of EVHACS.COM or Carandus.com depending on whichever of the two sites you are using at the time of Use.
The Site reserves the right, at any time, to modify, alter, or update the Terms without prior notice. Modifications shall become effective immediately upon being posted at the Site. You are advised to periodically check the Terms for any revisions and/or amendments to the Terms. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Terms (including any modifications or amendments thereto). We reserve all rights not expressly granted to you.
DESCRIPTION OF SERVICES ON THE SITE
EVHACS.COM is providing to you access to the Site for the purposes of providing to you information on the products and services it provides and for the purposes, upon your request, of the retention of your Personal Information in return for provision by us to you, at your request, of marketing information about our products and services. More information about this can be obtained by viewing our privacy policy
Carandus.com is providing to you access to the Site for the purpose of networking and addition, retention, of information in respect of motor vehicles.
In the case of the Site it is strictly a matter for you to provide:
(i) all equipment necessary for your own Internet connection, including computer and modem, and
(ii) your own access to the Internet, and
(iii) payment of any fees arising from such connection.
PRIVACY on CARANDUS.COM
In the case of Carandus.com, to create an account on Carandus.com you require the Registration number of your vehicle and you must verify your ownership of that vehicle to the satisfaction of Carandus.com. While Carandus.com does endeavour to verify your ownership, permission by Carandus.com to open an account in Carandus.com, using a particular registration, should not, in and of itself, in any way, be seen, or presented by you, as proof of ownership by you of the vehicle carrying that particular registration and the same applies to other users of Carandus.com. You will not provide false personal information to Carandus.com. You will not create an account for anyone other than yourself without first obtaining the permission of Carandus.com.
Opening an account on Carandus.com for a vehicle which is not owned by you (or without first obtaining the permission of Carandus.com) is strictly forbidden by Carandus.com. Ownership of a vehicle, in this context, means your name is recorded as the owner (or keeper) of the vehicle with the official Government licensing authority for the jurisdiction in which your vehicle is registered.
Carandus.com is not an official Government licensing authority for motor vehicles and we accept no liability whatsoever for vehicle registration details and user details and how user details are connected to vehicle registration details on Carandus.com.
Carandus.com does display the vehicle registration number. Carandus.com will not display your full name however we cannot give the same assurance in relation to content held about you on other sites to which you share your Carandus.com content. For more information in relation to this, and, for information on how we collect and use your content and information see our Data Policy.
Carandus.com is presently restricted to vehicles registered in the following countries: Ireland; and England, Wales, Scotland, Northern Ireland (UK).
You consent to having any Personal Data you provide transferred to and processed in Ireland. You will not share your password, let anyone else access your account or do anything which may impact negatively on the security of your account. You will not transfer your account to another. You will not create more than one account or an account for more than one vehicle unless you own each of the vehicles for which you are opening an account.
If you are no longer the owner of a vehicle which you have registered with Carandus.com you should inform Carandus.com. Carandus.com may inform you that the vehicle which you have registered with Carandus.com has changed ownership in which case you will no longer be able to update details in relation to this vehicle or connect your ownership in this vehicle to your Carandus.com Account. You will continue to retain your social profile. For more information in relation to this see our Privacy Policy.
For information on EVHACS.COM and its Privacy Policy you can find out more information by clicking on its Privacy Policy
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
EVHACS.COM and Carandus.com, the Site, shall not be liable for any damages whatsoever, and in particular the Site shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, business interruption, loss of revenue, or loss of use, arising out of or related to the Site, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, whether or not the Site has been advised of the possibility of such damages.
The Site cannot, at any time, accept responsibility for any losses, injuries, inconvenience or expenses caused due to Force Majeure including but not limited to government action or restraint, war, riot, civil strife, industrial dispute, strikes, terrorist activity, natural or nuclear disaster, fire, flood, delays, weather conditions or the threat of any of these or any other event beyond its control.
In the case of Carandus.com the Site does not control the Content posted by third parties, including by users of Carandus.com. We do not guarantee or give any assurances to you or other users regarding the accuracy, integrity or quality of such Content. You understand that by using Carandus.com, you may be exposed to Content that is inaccurate, unlawful, offensive, indecent or objectionable. While effort is made to verify ownership of a vehicle on opening an account with Carandus.com you understand that we cannot guarantee the identity of any user with whom/which you may interact when using Carandus.com.
Access to EVHACS.COM and Carandus.com, the Site, is provided on an “as is” basis. You should not rely on any data on the Site to make (or refrain from making) any decision or to take (or refrain from taking) any action on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such Data and/or materials by any visitor to, or user of, the Site, or by anyone who may be informed of any of its contents. We accept no: responsibility for keeping the information on the Site up to date, or complete, or, liability for any failure to do so.
The Company shall have no liability for any interruptions in the use of the Site. The Company disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. The Company does not warrant that the Site will operate error-free or that the Site and its server are free of computer viruses and other harmful elements. If as a result of your use of the Site or its Content, there is a need for servicing or replacing equipment or data, the Company assumes no responsibility whatsoever for those costs.
In the case of Carandus.com, Carandus.com has no obligation to monitor or moderate any user’s activity or use of our website however we retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or regulatory authority request or to determine compliance with the Terms. We expressly exclude our liability for any loss or damage arising from the use of Carandus.com whether Carandus.com is moderated, monitored or not.
SHARING YOUR CONTENT AND INFORMATION on CARANDUS.COM
In the case of Carandus.com, you own all of the content and information you post on Carandus.com, and you can control how it is shared through your social profile. In addition:
For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Carandus.com (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Carandus.com, to access and use that information, and to associate it with you (i.e., your name on Carandus.com and profile picture).
We always appreciate your feedback or other suggestions about Carandus.com, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
YOUR OBLIGATIONS
By using EVHACS.COM and Carandus.com, the Site, you agree to respect the rights of others, not to post content or take any action which violates the rights of another, or which violates the law. The law includes Copyright and Intellectual Property Rights and you are not permitted under any circumstances to infringe the Copyright or Intellectual Property Rights of another. Copyright and Intellectual Property Rights includes the Copyright and Trademarks of the Site and you will not use the Copyright or Trademarks of the Site, or any marks which may be confused with marks of the Site, without our permission. You will not post anyone’s identification documents or sensitive financial information or any other sensitive personal information, or sensitive data, concerning another on the Site.
In the case of Carandus.com, you will not post unauthorised commercial communications (such as spam) on Carandus.com. You will not collect users’ content or information, or otherwise access Carandus.com, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission. You will not engage in unlawful multi-level marketing on Carandus.com. You will not upload viruses or other malicious code. You will not solicit login information or access an account belonging to someone else. You will not bully, intimidate, or harass any user. You will not post content that could be considered as inciting hatred, or threatening, or pornographic, or incites violence, or contains nudity or graphic or gratuitous violence. You will not use Carandus.com to do anything unlawful, misleading, malicious, or discriminatory. You will use the “report a problem” button as soon as you encounter a problem. You will not do anything that could disable, overburden, or impair the proper working or appearance of Carandus.com, such as a denial of service attack or interference with page rendering or other Carandus.com functionality. You will not facilitate or encourage any violations of the Terms or our Data Policy.
GOVERNING LAW
This Agreement is governed by Irish law. The Irish courts will have exclusive jurisdiction over any claim arising from or in any way related to a visit to EVHACS.COM and Carandus.com, the Site. The Site retains the right to bring proceedings against you for breach of this Agreement in your country of residence or any other relevant country.
SEVERANCE
If any provision (or part of a provision) of the Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions (or remaining part of a provision in the event that part of a provision is found to be invalid, unenforceable or illegal) shall remain in force.
WAIVER
If we fail to enforce any of the Terms, it will not be considered a waiver. Any amendment to or waiver of the Terms must be made in writing and signed by us.
TERMINATION
EVHACS.COM and Carandus.com, the Site, retains the right to stop providing all or any part of the Site to you for any reason including if you violate the letter or spirit of the Terms. In the case of Carandus.com, Carandus.com retains the right to delete content provided by you, or delete your account, including, but not limited to, in circumstances where content provided by you infringes copyright or Intellectual Property Rights of another, or possibly infringes copyright or Intellectual Property Rights of another. If we disable your account you will not create another one without our permission. You may delete your account at any time.