Terms & Conditions of our Service
BOLD INSIGHTS SECRET SOLUTIONS MOBILE MECHANIC
MAINTENANCE AGREEMENT
TERMS FOR SERVICE
PLEASE READ THIS AGREEMENT CAREFULLY AND COMPLETELY BEFORE USING THE SERVICES. THIS AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND BISS ENGINEERING SERVICES. BY SELECTING THAT YOU AGREE, AND UTILIZING THE SERVICES YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.
YOU MAY NOT OBTAIN THE SERVICES IF YOU: (A) DO NOT AGREE TO AND ACCEPT THESE TERMS; (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT; OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES OR ANY ASSOCIATED WEBSITE OR MOBILE APPLICATION OR ANY OF THE WEBSITE OR MOBILE APPLICATION'S CONTENTS OR SERVICE OFFERINGS UNDER APPLICABLE LAW.
THIS MAINTENANCE AGREEMENT IS NOT A SERVICE CONTRACT OR AN INSURANCE POLICY. NOTHING IN THIS AGREEMENT SHOULD BE CONSTRUED AS AN AGREEMENT TO PROVIDE INSURANCE OR SERVICE CONTRACT COVERAGE. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION, WHICH REQUIRES THAT ANY DISPUTES THAT SHOULD ARISE FROM THE USE OF THE SERVICES SHALL BE RESOLVED EXCLUSIVELY BY AN ARBITRATOR, AND THIS AGREEMENT ALSO CONTAINS A WAIVER TO A JURY TRIAL OR ANY CLASS ACTION PROCEEDINGS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE SERVICES.
These Terms and Conditions apply generally and unless otherwise specified to all vehicle support services (the "Services") (collectively, the "Agreement") and govern your use of the Services, the Website and the Mobile Application through which you engage with us to schedule and obtain the Services. Vehicle support services may include either fixed fee services ("Fixed-Fee Services"), enrollment based services ("Enrollment Services"), premium service offerings ("Premium Services") which are distinguishable from the standard services ("Standard Services") or signature oil change ("Signature Oil Change"). Additional Terms and Conditions may apply for each specified Service offerings all of which are more fully described in the applicable Order Form which is incorporated by reference into these Terms and Conditions.
1. DEFINITIONS. In this Agreement: (a) the words "BISS Engineering services" and "Our" and "Us" and "We" mean Bold Insights Secret Solutions, and their respective parents, subsidiaries, branches, affiliates, agents, employees, successors and assigns; and (b) the words "You" and "Your" mean a person who uses the Services and any person or entity represented by that individual; and (c) the word "Vehicle(s)" means the eligible motor vehicle in which You instruct Us to carry out the Services. A Vehicle's eligibility to receive the Services is in BISS Engineering services sole discretion.
2. PRIVACY POLICY. You acknowledge that when You visit the Website or utilize the Mobile Application to schedule and confirm Your Order for the Services, BISS Engineering services may use automatic means (including, for example, cookies and web beacons) to collect information about You and Your Vehicle and/or about Your access or use of the Website and Mobile Application. You also may be required to provide certain information about Yourself, Your vehicle, your address and a description of the geographic and physical location where the Services are to be performed by BISS Engineering services. All information we collect through or in connection with your scheduling, ordering of, our performance of the Services and Your payment for the Services is subject to Our Privacy Policy which is available at https://bold-insights3.webnode.com/. This Privacy Policy explains our policies with respect to the collection, use and disclosure of information related to or derived from your use of the Services. Please read the Privacy Policy carefully and completely. It is incorporated by reference into these Terms and Conditions, and by using the Services, You consent to the collection, use and disclosure of your information as set forth in that Policy. Because BISS Engineering services cannot guarantee the security of Your information, You acknowledge and agree that You provide it to BISS Engineering services at Your own risk.
3. ORDER INITIATION. You may initiate an order for any of the Services by contacting Us electronically on the internet either by responding to an advertisement directly through Our Website https://bold-insights3.webnode.com/ , through our online advertisements or by contacting any of Our representatives in Our call center at +256-789-858099 24hrs from Monday-Sunday.
4. ORDER ACCEPTANCE AND PAYMENT FOR SERVICES. You agree that your selection of the applicable Services and request to schedule those Services under these Terms and Conditions constitutes the acceptance of a valid offer by Us to You to purchase the Services ("Order"). An Order is non-binding until an Order Form is electronically signed in accordance with Section 36 of this Agreement by both you and us, at which point it becomes incorporated into and part of these Terms and Conditions. Your initial Order is complete once We confirm the Order by sending You such confirmation by text message to the cellular telephone number You have provided to Us and/or upon receipt of an email to the email address You provide to Us to confirm the scheduling of the Services. Subject to Our sole discretion We may cancel an Order at any time and for any reason even after We send You a confirmation text and email confirming the Order. You are not required to consent to text messaging in order to obtain the Services. For the avoidance of doubt, all Orders are finalized at the time of payment and the electronic acceptance of these Terms and Conditions at the point of sale. The Order is complete upon Our obtaining payment from You in accordance with Section 33 of these Terms and Conditions and Our receipt of Your digital signature on the electronic Order Form provided to You by Us at the point of sale upon Our performance and completion of the Services. Order Form means the document provided by Us at the point of sale upon the performance and completion of the Services which references these Terms and Conditions and sets forth the pricing and specific details of the Services selected and scheduled by You during the ordering process.
5. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION. The information contained at https://bold-insights3.webnode.com/.com may contain inadvertent or unintentional errors or inaccuracies and may not be complete or current. We reserve the right to correct errors, inaccuracies, or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to Service description, pricing, and availability. In the event that a Service item and description is listed at an incorrect price or with incorrect information due to an error in pricing, We shall have the right, at Our sole discretion, to refuse or cancel any orders placed for that Service. In the event that a Service is mispriced, We may, at Our discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. Any reliance on the material on this Website is at Your own risk. We reserve the right to modify the contents of this Website at any time, but We have no obligation to update any information on Our Website. You agree that it is Your responsibility to monitor changes to Our Website.
6. TEXT MESSAGING. We rely on both text and email communications to You in order to confirm Your appointment for service and to communicate with You in the course of scheduling, arriving at the designated location to perform the Services and upon completion of the Services. In order to communicate with you via text for the purposes outlined in this Section 6, we will ask you to provide consent. You may reply to our text message with STOP to cancel. Messaging and data rates may apply.
7. EMAIL COMMUNICATION. When you place an Order for the Services and provide us your email address you consent to our communication with You electronically via email. This includes any required notifications (i.e., legal, technical, regulatory, security, or privacy) relating to your obtaining and our provisioning of the Services. You may withdraw your consent to receive commercial messages that do not directly relate to your obtaining or our provisioning of the Services at any time by clicking the "unsubscribe" link located at the bottom of the email communication you receive from us.
8. AVAILABILITY OF THE SERVICES. BISS Engineering services offer the Services by appointment, daily 24hrs. Where applicable, an individual seeking to use the Services as an authorized agent of the registered vehicle owner may be required to provide relevant identifying information.
9. ELIGIBILITY FOR SERVICES. Service eligibility and initiation of service performance is subject to: (a) a visual and physical inspection of the vehicle prior to Service; (b) confirmation that the vehicle located on the address premises ("Service Location") which has been scheduled for Service meets BISS Engineering services' service eligibility criteria which is governed by the year, make and model of Your vehicle and availability of parts for vehicle service; (c) confirmation that no modifications to the vehicle exist that would make the vehicle ineligible or unsafe for the performance of Services; (d) within the defined geographic area for Service. Subject to Our sole discretion, We determine eligibility during the initial ordering process and confirm eligibility in accordance with the requirements of this Section 9 at the designated Service Location.
10. ELIGIBLE SERVICE LOCATIONS. When You Order a Service, the location of the Service is determined by You subject to the availability of the Services in Your geographic location, and subject to the eligibility requirements set forth in Section 9 of these Terms and Conditions. Service locations are agreed upon and confirmed upon acceptance of Your Order and confirmation of the Service Location by text message or email communication. We must have access to a driveway or defined parking space with a flat, stable surface that allows for six feet of free space around the Vehicle. We will not perform the Services on public property, such as public streets or parking lots. We reserve the right to not accept an Order if We determine the Service Location is cost prohibitive for Our service technicians to travel in order to perform the Services.
11. PRICING AND SERVICE DESCRIPTIONS. Pricing and service descriptions are contained on the Order Form which is incorporated by reference into these Terms and Conditions.
12. CANCELLATION FEE. You may cancel the Services any time up to thirty minutes before the scheduled Services is set to begin. Failure to cancel Services may result in a UGX 50,000.00 cancellation fee.
13. ATTENDANCE FEE. In the event that upon arrival at the designated location as specified in the Order BISS Engineering services is unable to perform or complete the Services through no fault of Ours, You may be charged for the work actually carried out at the standard hourly rate within the sole discretion of Us together with any parts or materials used in the course of providing the Services.
14. DISCLAIMER OF WARRANTIES. THE FOLLOWING DISCLAIMER SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE ON EITHER IS AT YOUR SOLE RISK AND DISCRETION. BISS TECHNICAL SERVICES HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, BISS ENGINERRING SERVICES MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE AVAILABLE, TIMELY, RELIABLE, COMPLETE, OR ERROR-FREE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SERVICES WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASURION OR THE SERVICES SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT BIS TECHNICAL SERVICSE HAS NO OBLIGATION TO MAINTAIN THE SERVICES AND THAT SERVICES MAY BE CANCELLED AT ANY TIME AND FOR ANY REASON OR NO REASON. YOU ACKNOWLEDGE AND AGREE THAT BISS TECHNICAL SERVICES MIGHT NOT BE ABLE TO OFFER THE SERVICES AT ALL, IN THE ABSENCE OF THE FOREGOING DISCLAIMERS AND LIMITATIONS. IN THE EVENT OF ANY FAILURE OF THE SERVICES TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY BISS TECHNICAL SERVICES AND BISS TECHNICAL SERVICES WILL, AS YOUR SOLE AND EXCLUSIVE REMEDY, USE COMMERCIALLY REASONABLE EFFORTS TO SATISFY THE WARRANTY. BISS ENGINEERING SERVICES WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SERVICES, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE YOUR SOLE RESPONSIBILITY.
15. LIMITATION OF LIABILITY. THE FOLLOWING LIMITATIONS SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL BISS ENGINEERING SERVICES OR ITS SUBCONTRACTORS
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH BISS ENGINEERING SERVICES'S PROVIDING THE SERVICES TO YOU AS THE REGISTERED VEHICLE OWNER OR AUTHORIZED AGENT OF THE REGISTERED VEHICLE OWNER FOR PURPOSES OF OBTAINING THE SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT BISS ENGINEERING SERVICES WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DAMAGES TO YOUR VEHICLE OR PERSONAL PROPERTY INCURRED AS A RESULT OF BISS ENGINEERING SERVICES'S PERFORMANCE OF THE SERVICES, YOUR FAILURE TO DISCLOSE A MATERIAL OR MECHANICAL DEFECT OR MATERIAL MODIFICATION IN THE VEHICLE DURING THE ORDERING PROCESS THAT IF KNOWN BY BISS ENGINEERING SERVICES WOULD HAVE MADE THE VEHICLE INELIGIBLE FOR THE SERVICES OR EFFECT BISS ENGINEERING SERVICES'S ABILITY TO COMPLETE THE SERVICES, MISUSE OR DISCLOSURE OF CONFIDENTIAL INFORMATION, LOSS OF PRIVACY, OR ANY OTHER PECUNIARY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BISS ENGINEERING SERVICES'S AGGREGATE LIABILITY TO YOU (WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHER THEORY OF LIABILITY) SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU FOR THE SERVICES AS APPLICABLE OR UGX 200,000.00, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
16. ARBITRATION AGREEMENT. Most of Your concerns about the Services can be addressed by contacting BISS Engineering services at boldinsights@yahoo.com. For any dispute with BISS Engineering services, You agree to first contact Us and attempt to resolve the dispute with Us informally. A. YOU AND BISS ENGINEERING SERVICES AGREE TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF THROUGH COURTS OF GENERAL JURISDICTION. YOU AND BISS ENGINEERING SERVICES AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY. YOU AND BISS ENGINEERING SERVICES AGREE TO WAIVE ALL RIGHTS TO A JURY TRIAL OR TO PARTICIPATE IN CLASS ACTIONS OR OTHER REPRESENTATIVE PROCEEDINGS. This Arbitration Agreement ("ARB") shall survive the termination of the Agreement and is governed by the Uganda Arbitration Act. This ARB shall be interpreted broadly, and it includes any dispute You have with BISS Engineering services that arises out of or relates in any way to Your relationship with BISS Engineering services or the Services, whether based in contract, tort, statute, fraud, misrepresentation or otherwise. However, this ARB does not preclude You from bringing an individual action against BISS Engineering services in small claims court or from informing any government or local government agency of Your dispute. Such agencies may be able to seek relief on Your behalf. B. To initiate arbitration, send a written Notice of Claim by certified e- mail to: Legal Department, boldinsights@yahoo.com. The Notice must describe the dispute and the relief sought. If a BISS Engineering service does not resolve the dispute within 60 days of receipt of the Notice, You may start arbitration with any Ugandan arbitration agency. The arbitration shall be administered in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes ("Rules") in effect at the time the arbitration is started and as modified by this Agreement. The arbitrator is bound by the terms of this ARB and shall decide all issues, with the exception that issues relating to the enforceability of this ARB may be decided by a court. If Your dispute is for UGX200,000.00 or less, You may conduct the arbitration by submitting documents to the arbitrator. If Your dispute is for more than UGX 200,000.00, Your right to hearings will be determined by the Rules. Unless otherwise agreed, any hearings will take place in the district/sub county of Your mailing address. BISS Engineering services will pay all filing, administration and arbitrator fees for any arbitration, unless Your dispute is found by the arbitrator to have been frivolous or brought for an improper purpose under Uganda Civil Procedure. In that case, the Rules govern payment of such fees. D. The arbitrator shall issue a decision including the facts and law upon which his/her decision is based. If the arbitrator finds in Your favor and issues a damages award that is greater than the value of the last settlement offer made by BISS Engineering services or if BISS Engineering services made no settlement offer, and the arbitrator awards You any damages, BISS Engineering services will: (1) pay You the amount of the award; and (2) pay Your attorney, if any, the attorney's fees and expenses reasonably incurred in the arbitration. While the right to the attorney's fees and expenses discussed above is in addition to any right You may have under applicable law, neither You nor Your attorney may recover duplicate awards of attorney's fees and expenses. BISS Engineering services hereby waive any right it may have under applicable law to recover attorney's fees and expenses from You if it prevails in the arbitration. E. If You seek declaratory or injunctive relief, that relief can be awarded only to the extent necessary to provide You relief. YOU AND BISS ENGINEERING SERVICES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN A PURPORTED CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE PROCEEDING. Unless You and BISS Engineering services agree otherwise, the arbitrator may not consolidate Your dispute with the dispute of any other person and may not preside over any form of representative or class proceeding. If this specific provision of this ARB is found to be unenforceable, then the entirety of this ARB is null and void.
17. CLASS ACTION WAIVER. In furtherance of Section 16A to this Agreement, any Claim arising out of or post cancelation or termination of this Agreement must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class, class arbitration, collective, representative, multiple plaintiff, or similar basis ("Class Action"), and the parties expressly waive any ability to maintain any Class Action in any forum whatsoever. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action. Nor shall the arbitrator have authority to make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only in a court of competent jurisdiction and not by an arbitrator. The parties agree that this Section 17 shall expressly survive cancelation or termination of the Agreement. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION. If this specific provision of this ARB is found to be unenforceable, then the entirety of this ARB is null and void.
18. CLAIM LIMITATION. Unless otherwise allowed by applicable law, any claim related to the Services shall be brought within six months of the events giving rise to the claim. Failure to assert any such claim during that six months period results in the claim being forever waived and barred.
19. THIRD-PARTY CONTENT. Your use of the Website or the Mobile Application may expose You to content, websites, products and services created or provided by parties other than BISS Engineering services ("third-party content"). BISS Engineering services does not review, endorse or assume any responsibility for third-party content and shall have no liability to You for access to or use of third-party content. You acknowledge and agree that BISS Technical services is not responsible for third-party content, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. A BISS Engineering service does not assume and will not have any liability or responsibility to You or any other person or entity for any third-party content. Third-party content and links thereto are provided solely as a convenience to You, and You access and use them entirely at Your own risk and subject to such third parties' terms and conditions. You access or use third-party content at Your own risk and discretion, and You understand that this Agreement and Privacy Policy do not apply to that third-party content.
20. THIRD-PARTY CONTRACTORS. We may from time to time in our sole discretion engage third parties to perform the Services under these Terms and Conditions.
21. INTELLECTUAL PROPERTY RIGHTS. You agree that all copyrights, patents, trademarks, trade secrets and other intellectual property or proprietary rights associated with the Website, Mobile Application and the Services are the exclusive property of BISS Engineering services, and all such rights not expressly granted to You in this Agreement are hereby reserved and retained by BISS Engineering services. If You submit comments or ideas about the Website, Mobile Application or the Services, including ways to improve the Website or Mobile Application or other products or services ("Ideas"), You agree that Your submission is gratuitous, unsolicited and without restriction. It does not place BISS Technical services under any fiduciary or other obligation, and BISS Engineering services is free to use the Idea without compensation to You and/or to disclose the Idea to anyone on a non-confidential basis. You further acknowledge that BISS Engineering services does not, by acceptance of Your submission, waive any rights to use similar or related ideas previously known to BISS Engineering services, or developed by its employees or obtained from sources other than You.
22. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless BISS Engineering services from any claim, proceeding, loss, damage, liability or expense of any kind arising out of or in connection with the following (a) Your alleged or actual breach of these Terms and Conditions; (b) Your Misuse of the Website or Mobile Application; (c) Your breach of Section 21 of the Agreement; (d) Your alleged or actual violation of any applicable rule, law or regulation in connection with obtaining the Services; (e) Your negligence or willful misconduct that result in damage to Your vehicle or personal property as a consequence of BISS Technical services f's or BISS Engineering services' Subcontractor's performance of the Services; (f) Your negligence or willful misconduct that result in the injury or death of any BISS Technical services employee or an BISS Technical services Subcontractor BISS Engineering services. reserves the right, at Your expense, to assume the exclusive defense and control of any matter which You are required to indemnify, and You agree to cooperate in that defense.
23. ASSIGNMENT. This Agreement and any rights or licenses granted hereunder may not be transferred or assigned by You, but may be transferred or assigned by BISS Engineering services, without restriction. Any attempted transfer or assignment in violation of this provision is null and void.
24. SEVERABILITY & WAIVER. If any term of these Terms and Conditions is found to be invalid or unenforceable, that term should be modified to the extent possible to make it valid or enforceable without losing its intent and purpose. If no such modification is possible, the term should be severed from this Agreement. Any failure to enforce a right or term of this Agreement shall not be deemed a waiver of that right or term.
25. TERMINATION OR CHANGE OF THE SERVICES. We reserve the right to modify this Agreement, and Your continued use represents Your agreement to those modifications. We reserve the right to suspend or terminate Your use of the Services at any time and for any reason, including for abuse, excessive usage or failure to pay any fees or charges. We also reserve the right to change the scope or extent of the Services at any time and for any reason. Any refund of fees or charges We may agree to pay in such circumstances will be limited to the fees You paid in the prior month for the Services as applicable.
26. ENTIRE AGREEMENT & GOVERNING LAW. This Agreement and the documents incorporated by reference constitute Our entire agreement with respect to the Services and supersede any prior or contemporaneous agreements. This Agreement and Your relationship with BISS Engineering services shall be governed by and construed in accordance with the laws of the Republic of Uganda, without regard to conflicts of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
27. SCOPE OF THE SERVICES. The Services are developed and provided by BISS Engineering services. The Services only include Electrical and Electronics services, vehicle support, which consists of the parts and labor required to carry out certain maintenance and care of Your Vehicle/Asset. If available, this may include oil change services, Engine re-builds, Body modifications and inspection and checkup services. Inspection and checkup services may include but are not limited to checking, modifying, or replenishing Your Vehicle's fluids, tires, lights, wipers, interior, exterior, and engine.
28. REPRESENTATIONS & AUTHORIZATIONS. When seeking the Services, You represent to Us that You are the owner and/or the authorized user of the Vehicle at issue. We reserve the right to refuse to provide You with the Services if We determine that You are not the owner and/or the authorized user of the Vehicle. When seeking the Services, You represent to Us that any information or data disclosed to BISS Engineering services is not confidential or proprietary to You or any third party. When seeking the Services, You (a) expressly consent to vehicle support personnel accessing Your Vehicle, and (b) authorize Us to effect changes to Your Vehicle to the extent necessary to provide the Services and acknowledge and agree that such changes may be permanent and irreversible. You further represent that You or an adult (18 years or older) will be present while the Services are provided to Your Vehicle. You represent that You will provide a safe, non-threatening environment for Our vehicle support personnel in order to receive the Services.
29. MISUSE. You shall not misuse the Website or Mobile Application, including, without limitation, using the Services in any manner that: (a) interferes with or interrupts the Services or any hardware, software, system or network connected with the Services; (b) stalks, harasses, threatens or harms any person or is otherwise invasive of another's privacy rights; (c) uses the BISS Engineering services Services on a vehicle without permission; (d) tampers with or makes
unauthorized access to Our Website or Mobile Application or materials or connection to any network, including, without limitation, the network of any wireless carrier; (e) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Website or Mobile Application or any other computer software or hardware; (f) removes, disables, circumvents, or otherwise creates or implement any workaround to any copy protection, rights management, or security features in or protecting the Website or Mobile Application; or (g) uses any robot, spider, or other automatic device, process, or means to use the Website or Mobile Application.
30. SUPPORT SERVICES EXCLUSIONS. The Services do not include, among other things, (a) assistance with services that are not related to Your Vehicle or services not within the scope disclosed in the Order Form, Our current marketing materials, or to You prior to Our performance of the Services; (b) inspection or diagnostic support not related to Your Vehicle; (c) modification or removal of any vehicle parts not included in the Services; (d) installation of aftermarket vehicle parts not included in the Service; (e) assistance with vehicles We consider ineligible for the Services, including but not limited to vehicles older than a certain year, with a broken or altered odometer, that have ever been a total loss, salvaged, rebuilt, or is a grey market vehicle, valued above a certain monetary threshold, diesel vehicles, vehicles that do not use an internal combustion engine, or motorized bicycles, scooters or motorcycles; (f) assistance with vehicular damage, breakdowns, wear and tear or exposure or defects; including the failure to adhere to a normal, routine maintenance and care schedule as prescribed for Your Vehicle's make, model, and year; (g) reimbursement for third-party maintenance services; (h) any service not listed in this Agreement; and (i) issues resulting from misuse, alteration, negligence, or accident. If Your Vehicle required additional maintenance services not provided under this Agreement, please refer to Your Vehicle's owner's manual for recommended services and intervals.
31. COMMERCIALLY REASONABLE EFFORTS. We will use commercially reasonable efforts to provide You with the Services. This means that if We are unable to resolve the issue related to Your Vehicle after making commercially reasonable efforts, We have the right and sole discretion to refuse to take any further steps to resolve the issue related to Your Vehicle. In these circumstances, You are still liable to Us for any fees or charges associated with the Services.
32. SERVICES TERM. If You enroll in the Subscription Services on a monthly (or annual) term basis, the term and monthly (or annual) billing for the Services begins on the date You enroll, as indicated on Your enrollment confirmation, and automatically continues on a month-to-month (or annual) basis unless cancelled.
33. PAYMENT. You agree to pay a fee for the Services. If You enroll in the Enrollment Services on a monthly (or annual) term basis, You agree to pay the monthly (or annual) fee for the Services disclosed to You at the time You enroll and Order the Services. The monthly (or annual) fee, plus applicable taxes, will be billed on a monthly (or annual) basis to the credit or debit card You provided when You enrolled. Non-payment by You will result in the cancellation of Your enrollment in the Services on a monthly (or annual) term basis. It is Your responsibility to maintain a valid credit or debit card with Us to process payments, and failure to do so may result in the cancellation of Your enrollment in the Services on a monthly (or annual) term basis. All prices, discounts, and promotions that may be posted at https://bold-insights3.webnode.com/ are subject to change without notice. The price charged for a Service will be the price in effect at the time the Order is placed and will be set out in Your order confirmation. We may offer from time to time promotions that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. We reserve the right at any time to modify or discontinue the Service offered for sale without notice at any time. Terms of payment are within Our sole discretion and payment for the Fixed Fee Services must be received at the time You enroll and Order the Services. You represent and warrant that (i) the credit card information You supply to us is true, correct and complete, (ii) You are duly authorized to use such credit card for the purchase, (iii) charges incurred by You will be honored by Your credit card company, and (iv) You will pay charges incurred by You at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted at the time of Your order.
34. SUBSCRIPTION SERVICE TERM AND RENEWAL. If You enroll in the Subscription Services on a monthly (or annual twelve month term basis ("Term"), the Services automatically renew from month-to-month (or annually) unless cancelled as set forth below in Section 35 of these Terms and Conditions. If You enroll in the Subscription Services on an annual basis, We will provide You with notice of renewal prior to automatically renewing Your enrollment. We reserve the right to add additional Services at any time during the term of the Subscription Agreement without notice at no additional cost to You. If we materially change our offering during the Term of your Agreement we will provide you with updated Terms and Conditions reflecting such changes.
35. CANCELLATION. If You enroll in the Subscription Services on a monthly (or annual) term basis, Your enrollment can be cancelled by You at any time for any reason by notifying Us at boldinsights@yahoo.com. We may cancel Your enrollment in the Services on a monthly (or annual) term basis for any reason by notifying You at least thirty (30) days prior to the effective date of the cancellation, which notice shall state the effective date and reason for cancellation. If cancellation occurs, You will receive the 100% pro-rata amount associated with the remaining current monthly (or annual) term in which the cancellation occurred less any uncollected fees, plus applicable taxes, for Services provided to You.
36. ELECTRONIC SIGNATURES. Each of the parties hereto agrees that the transaction consisting of these Terms and Conditions (and, to the extent permitted under applicable law, each certificate, receipt or similar closing document delivered in connection with the closing of this transaction) may be conducted by electronic means. Each party agrees, and acknowledges that it is such party's intent, that if such party signs these Terms and Conditions using an electronic signature, it is signing, adopting, and accepting these Terms and Conditions or such closing document and that signing these Terms and Conditions using an electronic signature is the legal equivalent of having placed its handwritten signature on these Terms and Conditions on paper. The use of electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paper-based record-keeping system to the fullest extent permitted by applicable law, including the Uganda Electronic Transaction Act, and any other applicable law, including, without limitation, any state law based Electronic Transactions Act or the Investment Code.
37. DELIVERY OF E-SIGNED AGREEMENT. Each of the parties agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby bearing an original or electronic signature by electronic mail in "portable document format" (".pdf") form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of the paper document bearing an original or electronic signature.
BISS Engineering services and its logos are the trademarks of Bold Insights Secret Solutions. All rights reserved. All other trademarks, service marks, and product brands that appear in the app are not owned by BISS Engineering services and are the property of their respective owners. BISS Engineering services is not affiliated with, sponsored by, or endorsed by the respective owners of the other trademarks, service marks and/or product brands.