Terms Of Service
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Makent Cars Platform, you agree to comply with and be bound by these Terms of Service.
By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Last Updated: August 06, 2019
Thank you for using Makent Cars!
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Makent Cars (as defined below) governing your access to and use of the Makent Cars website, including any subdomains thereof, and any other websites through which Makent Cars makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Makent Cars Services"). The Site, Application and Makent Cars Services together are hereinafter collectively referred to as the “Makent Cars Platform”.
When these Terms mention “Makent Cars,” “we,” “us,” or “our,” it refers to the Makent Cars you are contracting with. Account as determined by either your express selection or by Makent Cars’s assessment of your residence using various data attributes associated with your Makent Cars Account.
1. Scope of Makent Cars Services
1.1 The Makent Cars Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “owners” and the services they offer are “owner Services”) to publish such owner Services on the Makent Cars Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such owner Services (Members using owner Services are “Riders”). owner Services may include the offering of cars ("Cars")
1.2 As the provider of the Makent Cars Platform, Makent Cars does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or owner Services, nor is Makent Cars an organiser or retailer of travel packages. Owners alone are responsible for their Listings and owner Services. When Members make or accept a booking, they are entering into a contract directly with each other. Makent Cars is not and does not become a party to or other participant in any contractual relationship between Members, Makent Cars is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.3 While we may help facilitate the resolution of disputes, Makent Cars has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or owner Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Makent Cars does not endorse any Member, Listing or owner Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Makent Cars about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to use the Car, or use other owner Services, accept a booking request from a Rider, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Makent Cars of any owner or Listing.
1.4 If you choose to use the Makent Cars Platform as an owner or Co-owner (as defined below), your relationship with Makent Cars is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Makent Cars for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Makent Cars. Makent Cars does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the owner Services. You acknowledge and agree that you have complete discretion whether to list owner Services or otherwise engage in other business or employment activities.
1.5 To promote the Makent Cars Platform and to increase the exposure of Listings to potential Riders, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Makent Cars cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Makent Cars Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The Makent Cars Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Makent Cars is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Makent Cars of such Third-Party Services.
1.7 Due to the nature of the Internet, Makent Cars cannot guarantee the continuous and uninterrupted availability and accessibility of the Makent Cars Platform. Makent Cars may restrict the availability of the Makent Cars Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Makent Cars Platform. Makent Cars may improve, enhance and modify the Makent Cars Platform and introduce new Makent Cars Services from time to time.
2. Eligibility, Using the Makent Cars Platform, Member Verification
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Makent Cars Platform or register an Makent Cars Account. By accessing or using the Makent Cars Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 Makent Cars may make access to and use of the Makent Cars Platform, or certain areas or features of the Makent Cars Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
2.3 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity.
2.4 The access to or use of certain areas and features of the Makent Cars Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Makent Cars Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.5 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Makent Cars Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
3. Modification of these Terms
Makent Cars reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Makent Cars Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Makent Cars Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account ("Makent Cars Account") to access and use certain features of the Makent Cars Platform, such as publishing or booking a Listing. If you are registering an Makent Cars Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register an Makent Cars Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your Makent Cars Account and your SNS Account at any time, by accessing the "Settings" section of the Makent Cars Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your Makent Cars Account and public Makent Cars Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Makent Cars Account unless Makent Cars authorizes you to do so. You may not assign or otherwise transfer your Makent Cars Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Makent Cars Account credentials and may not disclose your credentials to any third party. You must immediately notify Makent Cars if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Makent Cars Account. You are liable for any and all activities conducted through your Makent Cars Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 Makent Cars may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Makent Cars Account. For example, we may allow eligible Members or certain third parties to book Listings on behalf of other Members, or we may allow owners to add other Members as Co-owners (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by Makent Cars to ask for your credentials, and you shall not request the credentials of another Member.
5.1 Makent Cars may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Makent Cars Platform ("Member Content"); and (ii) access and view Member Content and any content that Makent Cars itself makes available on or through the Makent Cars Platform, including proprietary Makent Cars content and any content licensed or authorized for use by or through Makent Cars from a third party ("Makent Cars Content" and together with Member Content, "Collective Content").
5.2 Subject to your compliance with these Terms, Makent Cars grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Makent Cars Platform and accessible to you, solely for your personal and non-commercial use.
6. Service Fees
6.1 Makent Cars may charge fees to owners ("owner Fees") and/or Riders ("Rider Fees") (collectively, "Service Fees") in consideration for the use of the Makent Cars Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to an owner or Rider prior to publishing or booking a Listing. Makent Cars reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective.
6.3 You are responsible for paying any Service Fees that you owe to Makent Cars. The applicable Service Fees (including any applicable Taxes) are collected by Makent Cars Payments. Makent Cars Payments will deduct any owner Fees from the Listing Fee before remitting the payout to the owner. Any Rider Fees are included in the Total Fees collected by Makent Cars Payments. Except as otherwise provided on the Makent Cars Platform, Service Fees are non-refundable.
7. Booking Cars
7.1 You understand that a confirmed booking of an Car (“Car Booking”) is a limited license granted to you by the owner to enter, occupy and use the Car, during which time the owner (only where and to the extent permitted by applicable law) retains the right to re-enter the Car, in accordance with your agreement with the owner.
7.2 Makent Cars Travel Credits
Makent Cars Travel Credits may be redeemed for eligible bookings via the Makent Cars Platform as specified in the terms and conditions provided with the Travel Credit. You may only redeem Makent Cars Travel Credits after the Makent Cars Travel Credits are reflected in your Makent Cars Account.
8. Booking Modifications, Cancellations and Refunds, Resolution Center
8.1 owners and Riders are responsible for any modifications to a booking that they make via the Makent Cars Platform or direct Makent Cars customer service to make ("Booking Modifications"), and agree to pay any owner Fees or Rider Fees and/or Taxes associated with such Booking Modifications.
8.2 Riders can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy, and Makent Cars Payments will refund the amount of the Total Fees due to the Rider in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the owner under the applicable cancellation policy will be remitted to the owner by Makent Cars Payments pursuant to the Payments Terms.
8.3 If an owner cancels a confirmed booking, the Rider will receive a full refund of the Total Fees for such booking within a commercially reasonable time of the cancellation. In some instances, Makent Cars may allow the Rider to apply the refund to a new booking, in which case Makent Cars Payments will credit the amount against the Rider’s subsequent booking at the Rider’s direction. Further, Makent Cars may publish an automated review on the Listing cancelled by the owner indicating that a booking was cancelled. In addition, Makent Cars may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the owner has a valid reason for cancelling the booking pursuant to Makent Cars’s Extenuating Circumstances Policy or has legitimate concerns about the Rider’s behavior.
8.4 In certain circumstances, Makent Cars may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons set forth in Makent Cars's Extenuating Circumstances Policy or (i) where Makent Cars believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Makent Cars, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
8.5 If a Rider suffers a Travel Issue pursuant to the Rider Refund Policy, Makent Cars may determine, in its sole discretion, to refund the Rider part or all of the Total Fees in accordance with the Rider Refund Policy.
8.6 If, as an owner, your Rider cancels a confirmed booking or Makent Cars decides that it is necessary to cancel a confirmed booking, and Makent Cars issues a refund to the Rider in accordance with the Rider Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy, you agree that in the event you have already been paid, Makent Cars Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
8.7 Except as otherwise set out in these Terms, Members may use the Resolution Center to send or request money for refunds, additional owner Services, Co-owner Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your Makent Cars Account, and Makent Cars Payments will handle all such payments.
9. Ratings and Reviews
9.1 Within a certain time frame after completing a booking, Riders and owners can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Makent Cars. Ratings and Reviews are not verified by Makent Cars for accuracy and may be incorrect or misleading.
9.2 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
9.3Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Makent Cars Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
10. Damage to Cars, Disputes between Members
As a Rider, you are responsible for leaving the Car (including any personal or other property located at the Car) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Car, excluding the owner (and the individuals the owner invites to the Car, if applicable).
11. Contacting Makent cars
If you have any questions about the Terms of service, please email us at [email protected]