Terms & Conditions
Invygo Terms and Conditions
These Terms and Conditions regulate the relationship between you and/or your company and Invygo Tech FZ-LLC a company duly incorporated in Dubai Internet City, and cover your use and access to the Platform and/or App. By accessing and using the Platform and/or App, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions, as amended from time to time. If you do not agree with these Terms and Conditions, you must stop using or accessing the Platform and/or App immediately. If you are using the Platform on behalf of a third party including, but not limited to a business entity, you warrant that you are authorized and have the authority to bind that third party to these Terms and Conditions.
The following terms are used throughout these Terms and Conditions and have specific meanings.
- “Account” means the account that the Users are required to register through the App and/or the Platform to use the Services including the required documents needed to complete the Account registration.
- “Additional Fees” means fees that may be incurred by the Client as a result of the Client's use of a Vehicle including, but not limited to, traffic and parking fines, toll fees, fuel charges, excess mileage fees, insurance premium, the Payment Default Penalty Charges and the Early Termination Penalty Charges (as further set out in clause 7).
- “Admin Fee” means the fee payable by the Client to Invygo as per clause 8.8.1(c) and/or clause 8.8.2 (b).
- “App” means the mobile application that is provided by Invygo and which connects the Clients with Vendors to lease Vehicles.
- “Client”, “you” and “your” collectively mean a person or company that contacts, engages and/or aims to lease a Vehicle or Vehicles from a Vendor through the Platform and/or App.
- “Confirmation Order” means any and all written or electronically transmitted confirmation orders sent by Invygo for Vehicle Lease that may contain, including without limitation, reservation number, the description of the Vehicle, pick-up location, date and time, drop-off location, date and time, the Vendor's details, payment terms, quantity, duration of the Vehicle Lease and any special condition.
- “Confirmed Reservation” means the confirmation of a Vehicle Lease reservation by the Vendor following receipt of a Vehicle Lease reservation request made by a Client through the Platform.
- “Content” means any content submitted, generated, featured, displayed through the Platform (including but not limited to, any Vehicle profile, any text, correspondence, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Platform). Content includes, without limitation, User Content which may be submitted by a User.
- “Credit Score Authorization Letter” means the credit score authorization letter to be signed by you to authorize Invygo to collect your credit score in the form attached hereto in Appendix 1.
- “Discount Amount” means the amount or value of the discount applicable to a Lease Payment as set out in the Confirmation Order and/or invoice.
- “Early Termination Penalty Charges” means the penalty charges payable by the Client in the event of an early termination of a Vehicle Lease Agreement by the Client (as set out under clause 7.1(vii)).
- “Lease Payment” means the lease amount of a Vehicle as set out in the Confirmation Order and/or the Vehicle Lease Agreement and chargeable to the Clients through the Platform.
- “Payment Default Penalty Charges” means the penalty charges payable by the Client in the event of the Client's failure to fulfil any of its payment obligations under this Agreement and/or the Vehicle Lease Agreement (as set out under clause 7.1(vi)).
- “Platform” means any online tool provided, processed and/or maintained by Invygo (including, but not limited to, through Invygo's App, website, all subpages and subdomains, all Content, Services, and products available at or through the Platform located at https://www.invygo.com/ or any other related domain offering access to, or facilitating the provision of, the Services).
- “Pro-rata Amount” means the amount payable by the Client as per clause 8.8.1(a).
- “Service” means the online and/or offline services, provided by Invygo for the provision and use of the technology that Invygo has developed for collaboration, communication, and payment between the Vendors and the Clients, including without limitation access to Invygo's App, online community, communication tools, and payment services.
- “Successful Lease” means the acceptance of a Confirmation Order by a Client as evidenced by a deposit or a payment of all or part of the Lease Payment.
- “Third Party Content” means any content that belongs to or originates from third parties.
- “Unused Leased Amount” means the amount payable by Client as per clause 8.8.2(a).
- “User Content” means any content, written or otherwise, created, submitted, generated, featured, displayed through the Platform (including but not limited to, any text, correspondence, and photographs) by the Users while using the Platform.
- “User” means the person, company, or organization that has visited or is using the Platform and/or the Service. A User may be a Client, a Vendor, both, or neither.
- “Vehicle Lease Agreement” means the agreement that will be entered into between a Vendor and a Client to formalize their arrangement specifying the key terms of their engagement (including without limitation the description and duration of the Vehicle Lease, the Lease Payment and payment terms).
- “Vehicle Lease” means the lease by a Client of a Vehicle from a Vendor using the Platform.
- “Vehicle” means the vehicle of a Vendor enrolled within the Platform that has been rented by a Client or agreed by a Vendor to be rented out to a Client through the Platform, and that includes its parts, components, accessories, and registration documents.
- “Vendor Services” means any services provided by the Vendors in relation to the Vehicle Lease as may be specified in the Vehicle Lease Agreement, including, but not limited to, providing well-functioning Vehicles without any damages, communicating any Additional Fees, and providing assistance in case of breakdown of a Vehicle.
- About Invygo
Invygo is a Platform connecting Vendors and Clients. Invygo provides access to Invygo’s virtual community of Vendors; easy collaboration through Invygo’s communication tools; and secure payment tools.
2.1 You understand and agree that Vendors are not the employees or agents of Invygo and that any transaction and/or agreement (such as the Vehicle Lease Agreement) entered into as a result of your use of the Services whether oral or written, is between you and the Vendor only and Invygo is not a party thereto. Both you and the Vendor have complete discretion with regard to the terms of any Vehicle Lease Agreement. Notwithstanding these Terms and Conditions, you will, at or around the time of picking up the Vehicle, be required to enter into a Vehicle Lease Agreement which is a contractual relationship directly between the Client and the Vendor. You acknowledge and agree that, in such an instance, Invygo shall not be a party to such Vehicle Lease Agreement and shall not be responsible for performing the obligations of any such Vehicle Lease Agreement between you and any Vendor, and Invygo disclaims all liability arising from or related to any Vehicle Lease Agreement.
2.2 You agree and acknowledge that Invygo does not own, sell, lease, re-lease or rent any Vehicle and that the Vendors shall solely be responsible for the Vehicle Lease and that Invygo acts as intermediary between the Clients and Vendors and its role is solely to facilitate the availability of the Services for the Clients and Vendors.
2.3 Invygo does not endorse any Vendor over another to service a Client. While Invygo uses commercially reasonable efforts to confirm that Vendors are licensed and maintain the required governmental approvals to provide the Vehicle Lease, we do not make any warranty, guarantee, or representation as to the licensing, ability, competence, compliance, quality, or qualifications of any Vendor. You agree and understand that it is your duty to inquire and evaluate the licensing, ability, competence, compliance, quality, or qualifications of any Vendor.
2.4 Although Invygo requires the Vendors to provide accurate information, we do not confirm any Vendor’s purported identity. The Clients agree to independently research and evaluate any Vendor.
2.5 Although Invygo requires the Vendors to carry business and/or professional liability insurance, Invygo does not warrant or guarantee that Vendors are covered by business and/or professional liability insurance and Invygo makes no warranty or guarantee with respect to the sufficiency of such business and/or professional liability insurance.
2.6 You understand and acknowledge that the vehicle lease rate provided to you is based on your credit scoring as available in Al Etihad Credit Bureau. As a result, our Services will only be made available to you if you confirm and accept that you have signed the Credit Scoring Authorization Letter (attached hereto in Appendix 1). As such, by accepting our Terms and Conditions, you confirm and accept that you have signed the Credit Scoring Authorization Letter and you undertake to deliver the original signed version of the Credit Scoring Authorization Letter to us upon request. By accepting our Terms and Conditions, you authorize us to obtain your credit score from Al Etihad Credit Bureau. You further authorize us to disclose your information to Al Etihad Credit Bureau and use the signed Credit Scoring Authorization Letter to obtain your credit score from Al Etihad Credit Bureau if required.
- Changes to the Terms and Conditions
3.1 You agree that Invygo may amend this Agreement from time to time, and in Invygo’s sole discretion. Although we will use our best endeavors to notify you of any amendment to this Agreement, we will not be required to provide you with prior notification of such amendments or changes to this Agreement and your continued use of the Platform or Services shall constitute your acceptance of such amendments or changes to the Agreement.
3.2 Upon any amendment or change to this Agreement, we will publish the amended Agreement on the dedicated link available at our Platform. Your continued use of the Platform and/or the Service after the publication date of a revised version of this Agreement constitutes your acceptance of its terms.
3.3 You agree and undertake to review our Terms and Conditions each time you visit our Platform and/or prior to your use of any Services. If you do not agree to our Terms and Conditions, as updated from time to time, you undertake to cease using our Platform and/or Services immediately.
- Account Registration and Client Responsibilities
4.1 If you would like to use our Services, you must create a personalized Account which includes a unique username and a password to access the Service. Each Client is responsible for maintaining the security of its Account and for all activities that occur under the Account and any other actions taken in connection with the Account. You undertake to provide accurate and complete information and keep your Account information and your Account updated and maintain its confidentiality. You agree to notify Invygo immediately of any unauthorized use of Account, or any other breaches of security. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your computer, mobile device, or other computing device and/or Account.
4.2 We reserve the right to suspend or terminate your Account at any time, including if any User Content or information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Services that violates this Agreement.
4.3 When using the Services, the Clients undertake to provide Invygo with their personal information (including name, address, email address, date of birth, driving license details, credit card information, phone number). You agree and accept that any such information shall be shared by Invygo with the available Vendors that may be able to provide the Vendor Services.
4.4 Upon occurrence of a Successful Lease, the Clients agree that such Vehicle Lease shall only be extended or amended through the Platform and that any further or recurrent payment for such Vehicle Lease shall only be made through the Platform.
- User Conduct Restrictions
5.1 You agree that you will not, under any circumstances, transmit any Content that (i) is unlawful or promotes unlawful activity; (ii) defames, harasses, abuses, threatens, or incites violence towards any individual or group; (iii) is political, pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) is spam, constitutes unauthorized or unsolicited advertising, any other form of unauthorized solicitation; (v) contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; (vi) infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights; (vii) impersonates any person or entity, including any of our employees or representatives; or (viii) violates the privacy of any third party.
5.2 By accessing or using the Platform and/or Services, you represent and warrant that: (i) you have a valid driving license in the UAE; (ii)you have the authority to validly enter into and/or be bound by this Agreement; (iii) your use of the Services will be solely for lawful purposes that are permitted by this Agreement; (iv) your use of the Services will comply with all UAE local and federal laws, rules, and regulations, and with all of Invygo’s policies; as amended from time to time.
5.3 You represent and acknowledge that you are over the age of 18. Invygo does not target any Content to children or teenagers under 18, and we do not permit any Clients under 18 to use our Service. Please immediately cease from using the Platform if you are under this legal age.
5.4 At our discretion, we, or technology we employ, may monitor and/or record your general interactions with the Service. However, any liability, loss or damage that occurs as a result of any User interactions is solely your responsibility, as further described in clauses 13 and 14 of this Agreement.
5.5 We have the right to, in our sole discretion, determine whether or not any Client conduct is appropriate and complies with these Terms and Conditions. We also have the right to terminate or deny access to and use of any Account and the Service to any Client for any reason, with or without prior notice.
- User Content
6.1 We are not responsible for any public display or misuse of your User Content. Users are solely responsible for the content of, and any harm resulting from, any User Content that they submit, post, upload, link to or otherwise make available while using the Service. You acknowledge that any liability, loss or damage that occurs as a result of any such User Content is solely your responsibility. You further undertake and agree to indemnify and hold us (and any third party) harmless from any liability, loss or damage that may occur as a result of any such User Content.
6.2 From time to time, the Clients may submit reviews of the Vendors; these reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future Vendor Service. Invygo shall be under no obligation to display such reviews and may remove such ratings at any time at its sole discretion. Invygo will have no responsibility or liability of any kind for any review you encounter on or through the Platform, and any use of or reliance on such reviews is solely at your own risk.
6.3 User Content posted on the Platform, such as blog posts or reviews, is provided for informational purposes only, with no assurance that such Content is true, correct, or accurate.
6.4 Users represent and warrant that they have the right to post all User Content they submit. Specifically, Users warrant that they have fully complied with any third-party licenses relating to User Content (if applicable), and have taken all steps necessary to pass through to end users any required terms.
6.5 Users agree and acknowledge that Invygo has the right to, in its sole discretion, view and monitor any User Content, and to determine whether or not any User Content is appropriate and complies with these Terms and Conditions, or refuse or remove any User Content that, in Invygo’s reasonable opinion, violates any Invygo policy or is in any way harmful, inappropriate, or objectionable. Users further agree that Invygo has the right to make formatting, edits and other changes to the User Content or the manner any User Content is displayed on the Platform.
6.6 Except for the Content that originates from Invygo, we do not claim ownership of any Content that you post, upload or link to. You retain all ownership of, control of, and responsibility for the User Content you post. By posting any Content including without limitation photos, company logos and reviews via the Platform, you however expressly grant Invygo and our successors a worldwide, sub-licenseable, fully-paid and royalty-free, and non-exclusive license to use, reproduce, display, modify, adapt, distribute, and perform the Content in connection with Invygo’s business purpose. This license does not grant Invygo the right to sell User Content or otherwise distribute it outside of our Platform.
- Additional Fees and Lease Payment
7.1 The Client agrees and accepts that the Additional Fees shall be calculated as follows:
(i) For any traffic and/or parking fine, a 16% admin fee shall apply. As such, the Client undertakes to pay the applicable traffic and/or parking fine and an amount equivalent to 16% of such traffic and/or parking fine as an admin fee;
(ii) For fuel charges, a 22.5% admin fee shall apply. As such, the Client undertakes to pay the applicable fuel charges and an amount equivalent to 22.5% of such fuel charges as an admin fee;
(iii) For tool (Salik) charges, an admin fee of AED1.25 shall apply. As such, the Client undertakes to pay the applicable tool (Salik) charges and an admin fee of AED1.25;
(iv) Any excess mileage shall be calculated depending on the Vehicle and a 10% admin fee shall apply;
(v) The insurance premium shall be calculated depending on the Vehicle;
(vi) In the event the Client fails to fulfil its payment obligations under this Agreement and/or the Vehicle Lease Agreement, the Payment Default Penalty Charges listed in table 1 below shall apply on a daily basis. The Payment Default Penalty Charges shall be capped at the rates listed in table 1. As such, the Client undertakes to pay the Payment Default Penalty Charges as set out in table 1 as well as an amount ofAED 20 as a one-time admin fee.
|Outstanding Payment Amount||Penalty Charge (AED)/Per Day||Penalty Charge Cap (AED)|
|Outstanding payment up to 500 AED||10||300|
|Outstanding payment up to 1,000 AED||20||600|
|Outstanding payment up to 2,000 AED||30||900|
|Outstanding payment up to 3,000 AED||40||1,200|
|Outstanding payment greater than 3,000 AED||50||1,500|
(vii) In case of an early termination by a Client of a Vehicle Lease Agreement, the Client agrees that the Early Termination Penalty Charges as well as a one-time admin fee of AED 50 shall apply. The Client further agrees and acknowledges that the Early Termination Penalty Charges shall be calculated as follows:
- In case of an early termination by a Client of a Vehicle Lease Agreement entered into for a period exceeding 30 days, the amount of the Early Termination Penalty Charges shall be equivalent to the applicable Discount Amount multiplied by the number of months (or part thereof) during which the Vehicle was in the possession of the Client. For avoidance of doubt, the Client shall not be entitled to any refund corresponding to the remaining days of the Vehicle Lease.
- In case of an early termination by a Client of a Vehicle Lease Agreement entered into for a period of up to 30 days, the Client agrees that the Client shall not be entitled to any refund and that the Lease Payment corresponding to the remaining days of the Vehicle Lease shall be due and payable as an Early Termination Penalty Charge.
7.2 The Clients understand and acknowledge that the Additional Fees are subject to change from time to time and may be provided for in the Confirmation Order specifically. If there is any inconsistency or conflict between the Additional Fees provided for in clause 7.1 above and the Additional Fees provided for in the Confirmation Order, the Additional Fees provided for in the Confirmation Order will prevail.
7.3 The Clients shall pay Invygo the Lease Payment on a monthly basis, as specified in the Confirmation Order and/or the Vehicle Lease Agreement.
7.4 The Clients agree that they will pay the Lease Payment and the Additional Fees (if applicable) through the Platform only, including recurrent payments as well as subsequent transactions not necessarily related to the initial Vehicle Lease.
7.5 The Clients shall be responsible for taxes (VAT) as applicable, any processing fees associated with their use of the Services and Vehicle Lease, and any credit card fees and banking transaction fees (if applicable).
7.6 Invygo accepts payments by credit card and debit card, including without limitation Visa, Mastercard and Mada. The Clients can make payments in the currency listed on the Confirmation Order that they receive. The Clients hereby authorize Invygo to charge their credit card for any Lease Payment and Additional Fees (if applicable) as well as any other recurrent payments or amounts due as part of our Services. By accepting our Terms and Conditions, the Clients agree that they authorize Invygo to charge them automatically for any Lease Payment and Additional Fees (if applicable) as well as any other recurrent payments or amounts (as applicable), without the need for any additional notice or consent. The Clients are responsible for providing complete and accurate billing information to Invygo and notifying Invygo of any changes to such information.
7.8 Invygo will not trade with or provide any services to OFAC and sanctioned countries.
7.9 Invygo will provide you directly or through its merchant service provider, with an electronic payment confirmation immediately after you successfully perform a payment through the Platform. Invygo will also provide you with an invoice issued by the Vendor to your attention in relation to the Lease Payment and Additional Fees (if applicable) upon receipt of any such payment.
- Cancellations of Confirmed Reservations, Refunds Vehicle Lease Subscription
Cancellations of Confirmed Reservations and Refunds
8.1 The Clients agree and accept that a Confirmed Reservation shall be valid for 24 hours starting from the confirmation of the Vendor, after which it will automatically be cancelled.
8.2 All cancellations of the Confirmed Reservations by the Clients shall be communicated directly to Invygo. If cancellation of a Confirmed Reservation by a Client happens with a 12 hours prior notice to the handover of the Vehicle, the cancellation shall be processed with no penalty and the Lease Payment (or part thereof) that has been received by Invygo will be refunded to the Client, subject to any associated cost, including, but not limited to any bank transfer fees or credit card fees.
8.3 If cancellation of a Confirmed Reservation by a Client happens less than 12 hours before the handover of the Vehicle, an amount equal to 20% of the Lease Payment will be charged to the Client and the remaining amount (subject to any associated cost, including, but not limited to any bank transfer fees or credit card fees) will be refunded to the Client.
8.4 If a Client, within 7 days from the agreed handover date, informs Invygo of its inability to hand over a Vehicle, the Client shall only be charged an amount equal to 50% of the Lease Payment and the remaining amount (subject to any associated cost, including, but not limited to any bank transfer fees or credit card fees) will be refunded to the Client.
8.5 If a Client, after 7 days from the agreed handover date, informs or fails to inform Invygo of its inability to hand over a Vehicle, the Client shall be charged the full Lease Payment and will not be entitled to any refund.
8.6 The Clients expressly release Invygo from any and all liabilities related to the Vehicle Lease. The Clients agree and acknowledge that Invygo is not responsible for resolving any disputes between the Clients and the Vendors, whether related to the cancellation of a Confirmed Reservation, or processing any changes to a Confirmed Reservation, or otherwise, and that Invygo disclaims any and all liability in this regard. If you have any inquiry about cancellations or reservations, please contact us at email@example.com or via the Platform.
8.7 The Clients agree and acknowledge that the Lease Payments are subject to the Vehicle Lease Agreement and in no event may Invygo be held liable for the refund of the Lease Payment and the Additional Fees.
- Third-Party Content
9.1 By using the Service, Clients will be able to access the Third-Party Content and a Client’s use of the Service is consent for Invygo to present the Third-Party Content to that Client. Clients acknowledge all responsibility for and assume all risk for their use of the Third-Party Content.
9.2 As part of the Service, Invygo may provide you with convenient links to third party platform(s) as well as other forms of Third-Party Content. These links are provided as a courtesy to Service subscribers. We have no control over third party platforms or content or the promotions, materials, information, goods or services available on them. We are not responsible for any Third-Party Content accessed through our Platform. If you decide to leave the Platform and access Third Party Content, you do so at your own risk and you should be aware that our Terms and Conditions and policies no longer govern.
9.3 This Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third-Party Content.
- Intellectual Property
10.1 Invygo retains ownership of all intellectual property rights of any kind related to the Platform and Service, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Platform and the Service may be the trademarks of other third parties. This Agreement does not transfer from us to you any Invygo or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with us. We reserve all rights that are not expressly granted to you under this Agreement.
10.2 Specifically, Invygo, Invygo.com, and all other trademarks that appear, are displayed, or are used on the Platform from time to time or as part of the Service are registered trademarks of Invygo; and may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Invygo.
10.3 If you believe that any material located on or linked to by Invygo violates your copyright, please notify us. We will terminate a User’s access to and use of the Platform if, under appropriate circumstances, the User is determined to be a repeat infringer of the copyrights or other intellectual property rights of Invygo or others without necessary rights and permissions.
- Email Communications
We use email and electronic means to stay in touch with our Clients. For contractual purposes, Clients (i) consent to receive communications from Invygo in an electronic form via the email address they have submitted or via the Platform; and (ii) agree that all Terms and Conditions, agreements, notices, disclosures, and other communications that Invygo provides to them electronically satisfy any legal requirement that such communications would satisfy if it were in a physical writing or traditional mailing; and (iii) without prejudice to clause no.11(i) and no.11(ii), Clients undertake to comply with clause no. 15.5 for any notification purposes.
12.1 If you wish to terminate this Agreement, you may simply discontinue using Invygo. If you wish to delete your Account data, please contact Invygo at firstname.lastname@example.org or via the Platform. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, and we will delete your full profile to the extent possible (if applicable).
12.2 Invygo may terminate your access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately.
12.3 Termination of your relationship with Invygo does not affect your relationship with any Vendor you have retained through the Invygo’s Service. All legal, contractual, and ethical duties, obligations and responsibilities survive termination of the Invygo relationship.
12.4 All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties
13.1 Invygo makes no representation or warranty that the information we provide or that is provided through the Service is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, that the Service will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of information, content or other material obtained from the Vendor or Service.
13.2 You are solely responsible for all of your communications and interactions with Vendors, as applicable, and with other persons with whom you communicate or interact as a result of your use of the Services. You understand that Invygo is not required to screen or inquire into the background of any Vendors or Vehicle Lease, nor does Invygo make any attempt to verify the statements of Vendors. Invygo makes no representations or warranties as to the conduct of Vehicle Lease. Invygo has no control over and does not guarantee the existence, quality, freshness, safety, or legality of any Vehicle Lease advertised by Vendors; the ability of Vendors to undertake the Vehicle Lease; or that the Vendor Service will be available at any particular time, or location. Invygo does not warrant or guarantee that any Vehicle Lease offered through the Platform will meet a Client's requirements. You agree to take reasonable precautions in all communications and interactions with Vendors, and with other persons with whom you communicate or interact as a result of your use of the Services, particularly if you decide to communicate via other means than the Services or to meet in person.
- Release and Indemnification
14.1 You agree to indemnify and hold harmless Invygo from and against any and all claims, demands, actions, losses, damages, assessments, charges, liabilities, costs and expenses (including without limitation lawyers’ fees, penalties, interests or loss of profits) made by a Vendor or any third party and which may at any time be suffered or incurred by, or be assessed against, Invygo, directly or indirectly, as a result of your (i)use of the Platform and the Service or your violation of this Agreement or the contractual relationship (or as a result of the termination of such contractual relationship) between you and the Vendor; (ii) any injury, accident, physical or property damage, loss of profit, property or business reputation, or otherwise that may be caused by you as a result of use of any Service and/or Vehicle Lease; (iii) errors, mistakes, or inaccuracies of your User Content, and/or information available on or through the Platform, or (iv) your unauthorized access to or use of our servers and/or any and all personal information stored therein, and/or any interruption or cessation of transmission to or from our servers, and/or any bugs, viruses, trojan horses, or the like, which may be transmitted by you to or through the Platform, and/or (v) failure or delay in the execution of any transactions through the Platform and/or the Services or, (vi) dispute, conflict or disagreement between Users in connection with any Vehicle Lease, Lease Payment, Additional Fees or cancellation of any Confirmed Reservation or Vehicle Lease,; (vii) failure to ensure that the Vendor is lawfully licensed in the UAE and maintains the required government approvals to perform the Vendor Services.
14.2 If you have a dispute with one or more Vendors, you release Invygo from any and all claims, demands and damages (actual and consequential) or losses of every kind and nature, arising out of such disputes.
14.3 The Client agrees that Invygo and each Vendor jointly and severally have the power to file and pursue lawsuits against the Client in respect of any claims, demands, actions, losses, damages, fines, charges, liabilities, costs and expenses which have been suffered or incurred by Invygo and/or Vendor, directly or indirectly, and that have been caused by the Client as a result of the Client’s use of any Service and/or Vehicle Lease.
14.4 The Client further agrees that in the event a Vendor obtains a court judgment in its favour in respect of a lawsuit filed against Invygo in relation to any claims, losses, damages, fines, charges which have been caused by the Client, Invygo shall be entitled to file a lawsuit against the Client and recover any amount that Invygo had to pay the Vendor as a result of the original lawsuit filed by the Vendor against Invygo.
14.5 You agree that in no event will Invygo be liable, responsible or otherwise, to you or to third parties for any damages or losses that may arise from (i) the failure, interruption or disruption of any service to maintain your access to the Platform or the Services, regardless of whether the service is provided by Invygo or a third party or (ii) the quality, accuracy, timeliness, speed, reliability, performance of any Vendor, Vendor Service or Vehicle Lease and/or the Platform, completeness or delays, breach, omissions, or interruptions in the delivery of any Vehicle Lease or Vendor Services (including without limitation any breach by the Vendor of any obligation) or (iii) errors, mistakes, or inaccuracies of any Content and/or information available on or through the Platform, or (iv) any unauthorized access to or use of our servers and/or any and all personal information stored therein, and/or any interruption or cessation of transmission to or from our servers, and/or any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party, and/or (v) any failure or delay in the execution of any transactions through the Platform and/or the Services or, (vi) any dispute, conflict or disagreement between Users in connection with any Services, Vehicle Lease, Lease Payment, Additional Fees or cancellation of any Confirmed Reservation or Vehicle Lease; and (vii) any refund, loss of profits, loss of business reputation (whether incurred directly or indirectly), any injury or accident or physical or property damage or health issues or otherwise that may occur to a Client as a result of use of any Vendor Service.
15.1 Governing Law: This Agreement between a Client and Invygo and any access to or use of the Platform or the Service by a Client are governed by the laws and regulations of the United Arab Emirates as applied by Dubai International Financial Centre. Any dispute which may arise between the Client and Invygo pertaining to the implementation or interpretation of this Agreement shall be amicably settled, failing which the Small Claims Tribunal of the Dubai International Financial Centre shall be the competent authority to settle the same.
15.2 Severability: If any part of this Agreement is held invalid or unenforceable, that part of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Invygo to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
15.4 Notices to Clients: Reports, statements, notices and any other communications may be transmitted by Invygo to Clients via the email address specified by them in their Account. All communications and notices shall be deemed to be duly served to a Client when electrotonically sent by Invygo to the Client to the email address specified in the Client’s Account.
15.5 Notices to Invygo: Reports, statements, notices and any other communications may be transmitted by the Client to Invygo at support@Invygo.com. All communications and notices shall be deemed to be received or served (as applicable) to Invygo when electrotonically received by Invygo at support@Invygo.com.
15.6 Headings: The headings and captions in this Agreement are for convenience only and in no way define or describe the scope or content of any provision of this Agreement.
15.7 Gender Neutral: Wherever used herein and required by the context, the singular number shall include the plural, the plural shall include the singular number, and the use of either gender shall include both genders and the words “hereof” and “herein” and “hereafter” shall refer to the entire Agreement and not to any provision or section.
You acknowledge that you have read, understood, and accepted to be bound by these Terms and Conditions.
Effective as of 5th of December 2019