Terms of Use


Terms of Data Services (“TODS”)

Carmen Automotive Pte Ltd (herein “Carmen”) is the provider of Carmen hardware dongle and cloud based services to Car Owners (“CO”) and Fleet Managers (”FM”) through our mobile apps (applications) and website http://carmen.sg (“Web”). Carmen holds all its Intellectual Property, Copyrights, Designs, Software Codes and Branding. The use of these “IP” is governed by our Usage Terms (“UT”). All rights reserved. By accepting this UT or by accessing or using the App or website, you acknowledge, have read, understood, and agree to be bound by this UT.

The “Usage Term” includes (a) the Web, (b) Carmen’s reported vehicle information and data, and (c) all mobile apps and other software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available.

Hardware” means Carmen’s dongle device that may be connected to CO’s vehicle in connection with the data collection service (“Service”). Any updates or new features added to the Service or the Hardware are also subject to this TODS; to keep the Software up-to-date, you agree that we may automatically provide you with such updates without your further consent or notice to you. NOTE THAT IN ORDER FOR THE SERVICE TO FUNCTION, THE MOBILE DEVICE ONTO WHICH THE CARMEN APP IS INSTALLED MUST BE LOCATED IN THE VEHICLE ASSOCIATED WITH YOUR SERVICE AND THE HARDWARE MUST BE PROPERLY INSTALLED IN YOUR VEHICLE.

Subject to the terms and conditions of this TODS, you may access and use the Service and Hardware only for lawful purposes. CO shall not use our Services or Hardware (CO will indemnify Carmen against any liability for the use of the Services and Hardware) in connection with (i) cars with modified engine or electronic control systems, or (ii) cars of any make, model or year that Carmen do not support.

All rights, title and interest in and to the Service, the Hardware and their components will remain with and belong exclusively to Carmen. CO shall not license, sub-license, duplicate (directly or indirectly), resell, rent, lease, transfer, assign, time-share or otherwise commercially exploit or make the Service available to any third party. CO will not use the Service or the Hardware in any unlawful manner (e.g. violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service, the Hardware or their components. CO will not modify, adapt or hack the Service or the Hardware to, or otherwise attempt to, gain unauthorized access to the Service, the Hardware or their related systems or networks. CO will also not use the Service or Hardware to obtain or attempt to access any materials or information through any means not intentionally made available or provided for through the Service or Hardware. CO shall comply with any codes of conduct, policies or other notices Carmen provides you or publishes in connection with the Service and the Hardware, and CO shall promptly notify Carmen if you learn of a security breach related to the Service. Any software that may be made available by Carmen in connection with the Service, such as Carmen’s mobile apps and any software embedded on the Hardware (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

Subject to the terms and conditions of this TODS, Carmen hereby permits CO a personal, non-transferable, non-licensable and non-exclusive right and license to use Software solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by Carmen for use in accessing the Service.

CO are responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store in connection with or relating to the Service or the Hardware (“CO Content”). You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. Carmen reserves the right to access your account in order to respond to your requests for technical support and general operations. By posting CO Content on or through the Service, you hereby do and shall grant Carmen a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, licensable and transferable license to use, modify, reproduce, distribute, display, publish and perform CO Content in connection with the Service. Carmen has the right, but not the obligation, to monitor the Service, Hardware, Content or Your Content. CO also agrees that Carmen may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.

Carmen uses reasonable security measures to protect the data we receive via the Services and Hardware. However, we cannot guarantee that third parties will never overcome our security practices. CO acknowledges that CO are using the Services and Hardware and sharing information at CO own risk and do not hold Carmen responsible (or liable) for any form of breach. Failure of Carmen to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. CO acknowledge that this TOS is a contract between CO and Carmen, even though it is electronic and is not physically signed by CO and Carmen, it governs CO use of the Service and Hardware and takes the place of any prior agreements between CO and Carmen.

Trademarks

The name of Carmen, Carmen Automotive, Carmen Automotive Pte Ltd and Carmen’s printed Logo are registered trademark of Carmen Automotive Pte Ltd. and/or its affiliates in Singapore and other countries. Copyright © 2015, Carmen and/or its affiliates. All right reserved. Third-party trademarks mentioned are the property of their respective owners.

Offer of Indemnification

By accepting this “TODS”, “CO” agrees to indemnify, hold harmless, and defend Carmen against all and any claims and costs.  “CO” will, at its expense if Carmen requests, defend any of the following types of third party claims brought against Carmen or its directors, officers, or agents.
(i) Any claim that, if true, would constitute a breach of the Agreement by Carmen
(ii) Any claim related to injury to or death of any person (e.g., worker claims) or damage to any property arising out of or related to use of Carmen govern by this “TODS”

Warranty

FOR CONSUMERS WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF PURCHASE OR, IF DIFFERENT, THEIR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THIS LIMITED WARRANTY ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. SOME COUNTRIES, STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION MAY LAST, SO THE LIMITATIONS OR EXCLUSIONS DESCRIBED BELOW MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY COUNTRY, STATE OR PROVINCE.

Carmen, limited warranty

Warranty of Carmen hardware dongle is provided by Carmen Automotive Pte Ltd. Warranty is to CO or purchaser of the Carmen product. Hardware devices provided by Carmen (“Dongle”) are warranted to be free from defects in materials or workmanship under normal use. Warranty period of 12 (twelve) months starts from date of purchase or product registration in Carmen.sg or through activation date of downloaded App. Within the Warranty Period, Carmen will, at its sole decision (a) repair Dongle with new or refurbished parts, (b) replace the Dongle with reasonably available equivalent new or refurbished Hardware. Such repairs or replacement will be made at no charge to CO for parts or labor, provided that CO shall be responsible for the shipping and handling costs for returns as described below. All Dongle and parts that are replaced become the property of Carmen. This limited warranty extends only to Dongle purchased from Carmen online store, retailer or a Carmen Authorized Dealer. This limited warranty does not apply to: (i) cosmetic damage, such as scratches, nicks and dents; (ii) consumable parts, such as batteries, unless Carmen damage has occurred due to a defect in materials or workmanship of the Dongle; (iii) damage caused by abnormal physical or electrical stress, negligence, accident, abuse, misuse, water, fire, or other acts of nature or external causes; (iv) damage caused by service or repair performed by anyone who is not an authorized service provider of Carmen; (v) damage to Dongle that has been modified or altered without the written permission of Carmen; (vi) Dongle that has not been installed, operated, or maintained in accordance with instructions supplied by Carmen and the Carmen’s Terms of Service, or (vii) Dongle that was supplied or licensed for beta, evaluation, testing or demonstration purposes. In addition, Carmen reserves the exclusive right to refuse warranty claims for product that is obtained and/or used in contravention of the laws of any country. This limited warranty does not guarantee any continued availability of any third party’s service on which the Hardware’s use or operation may depend. CO agrees to hold Carmen no responsibilities for any issues arising whatsoever from the use of Carmen. By agreeing to the UT, CO further agrees to indemnify Carmen from any claims arising from the pursuant of usage of Carmen in their respective capacity. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL CARMEN BE LIABLE FOR ANY LOST OR DAMAGED DATA (INCLUDING, WITHOUT LIMITATION, ANY DATA ERASED BY CARMEN IN CONNECTION WITH THE REPAIR OR REPLACEMENT OF HARDWARE), LOST REVENUE OR PROFIT, LOSS OF THE ABILITY TO USE ANY THIRD PARTY PRODUCTS, SOFTWARE OR SERVICES, DAMAGE TO THE VEHICLE TO WHICH YOU CONNECT THE HARDWARE, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE HARDWARE, SOFTWARE OR ANY SERVICES PROVIDED IN RESPECT OF SUCH HARDWARE, SOFTWARE OR SERVICE, EVEN IF CARMEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, CARMEN DOES NOT GUARANTEE THAT VEHICLE ERROR DETECTION WILL BE ACCURATE OR ERROR-FREE AND CO SHOULD ALWAYS OBTAIN PROFESSIONAL ASSISTANCE FROM A VEHICLE SPECIALIST FOR REGULAR SERVICE MECHANIC, AS WELL AS FOR DIAGNOSIS OF ANY PROBLEMS WITH YOUR VEHICLE, AND TO MAKE TIMELY AND APPROPRIATE REPAIRS. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL CARMEN’S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE HARDWARE. INCLUDING WITHOUT LIMITATION LOSSES CAUSED BY VIRUSES, TROJANS OR OTHER MALICIOUS PROGRAMS, OR LOSS OF OR DAMAGE TO YOUR DATA. The foregoing limitations will apply even if any warranty or remedy provided under this limited warranty fails of its essential purpose.

How to Submit a Warranty Claim

To obtain warranty service, contact “[email protected]” and we will provide instructions on submitting your claim. You will be responsible for securely packaging the Hardware and including the requested information, such as account verification information. You are also responsible for all shipping and handling charges, in addition to any applicable customs duties, VAT or other associated taxes or charges when returning the Hardware. Hardware for which CARMEN cannot reproduce the claimed defect or for which your purchase cannot be verified will be rejected. Defective Hardware covered by this limited warranty will be repaired or replaced and returned to you without charge or if elected by CARMEN, the purchase price will be refunded to you. Repairs or replacements not covered by this limited warranty will be subject to charge at Carmen’s then-current rates.

Please contact Carmen at [email protected] for more information.

Statement

Without a written permission from Carmen, it is prohibited to reproduce, transmit, distribute or save part or all of the contents of this document in any form. No Carmen employee, agent or reseller is authorized to make any verbal or written modification, extension or addition to this document.

Carmen reserves the rights to modify or improve these products without any prior notification.
Carmen reserves the rights to change or cancel the content of this document without any prior notification.

All rights reserved by Carmen Automotive Pte Ltd

Carmen Automotive Pte Ltd
71, Ayer Rajah Crescent #03-26
Singapore 139951
http://carmen.sg
[email protected]
(65) 8484 9584

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