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Please read the terms and conditions contained in this Agreement carefully before you launch the Application) on your wireless device. Your use of the Application indicates that you accept the terms and conditions included in this Agreement. If you do not accept these terms and conditions, do not launch or otherwise use the Application.
This agreement ("Agreement") between you and Telenav, Inc. ("Telenav") governs your use of the Subaru Marketplace application (“Application”). All references herein to "you" and "your" means you, your employees, agents, and contractors, and any other entity on whose behalf you accept these terms and conditions, all of whom shall also be bound by this Agreement. Telenav may revise this Agreement at any time, with or without notice to you. You should visit https://www.telenav.com/legal from time to time to review the then current Agreement for use of this Application.
a. This Application enables you to complete purchase transactions from third-party sellers (the “Merchants”) for a variety of different third party goods and/or services using the platform. Upon downloading the Application, you will be directed to provide and store your credit card information with our PCI compliant payment provider. Where in Application purchase is available, this credit card will be charged for the goods and/or services you purchase using the Application.
b. The Application is intended for your personal use and is not for resale or other transfer or disposition to any other person or entity.
c. This Application includes data licensed to Telenav by third parties for the benefit of you and other end users. This Agreement includes additional end-user terms required by these companies (set forth at the end of this Agreement), where applicable, and your use of the Application is also subject to such third party end-user terms. Third party end-user terms may be revised at any time with or without notice to you.
a. You are responsible for any fees assessed by your wireless telephone carrier for access to and use of the Application, including, but not limited to any data plan charges, toll, out-of-area, roaming, or other telephone connection charges. Standard messaging rates and other charges may apply when using certain features in the Application.
a. Telenav reserves the right to terminate your access to the Application at any time for any or no reason and without notice to you.
b. You may terminate your use of the Application at any time by notifying Telenav via: (i) an email addressed to privacy@telenav.com; (ii) a letter addressed to Telenav, Inc., 4655 Great America Parkway, Suite 300, Santa Clara, CA 95054, USA; (iii) from within the Application by following the instructions and steps to delete the Application; or (iv) by calling Telenav’s customer support phone number at +1 866-686-0192 Any such cancellation by you shall become effective upon Telenav's receipt of your notice. In order to delete your Subaru Marketplace account, you should first delete your account by selecting the “delete account” option from the menu in the Application. You should then delete the Application from your mobile device to clear any locally stored data. Finally, your data stored in the Telenav cloud will be deleted within forty-five (45) days’ of Telenav’s receipt of your notice to terminate.
c. Upon any termination by you, your Application account will be deleted and Telenav shall have no liability to you or any further obligations under this Agreement. Upon termination your credit card information stored with Telenav’s payment provider will be automatically deleted.
a. You agree: (i) to provide Telenav with true, accurate, current, and complete information about yourself as part of the Application registration process, and (ii) to inform Telenav promptly of any changes to such information to keep it true, accurate, current and complete.
b. If you provide Telenav with any information that is untrue, inaccurate, not current or incomplete, or Telenav has reasonable grounds to suspect so, Telenav has the right to suspend or terminate your access to the Application.
c. All of your account information, as well as other personal information provided by you to Telenav, is subject to Telenav's privacy policy located at https://www.telenav.com/legal/policies-privacy-policy. Your use of the Application indicates that you accept the terms of Telenav's privacy policy.
d. You acknowledge you are over the age of eighteen (18) and the Application may only be used in the United States.
a. In order to purchase goods and services using the Application, you will be directed to provide and store your credit card information with Telenav’s PCI compliant payment provider. Telenav will not directly receive nor store your credit card information. If you do not provide your credit card information, you will not be able to purchase goods and services using the Application from Merchants where Telenav processes payments on behalf of such Merchant.
b. You are responsible for all purchases made in the Application using your credit card. If your mobile phone on which the Application is installed is lost or stolen, you are responsible for contacting your credit card provider to cancel the credit card.
c. The Application may allow you to place an order for food with some Merchants using the “pay at store” functionality. When you use the “pay at store” functionality, you are responsible for paying for the goods and/or services when you pick up your order at the Merchant’s physical location.
d. You acknowledge that goods and/or services ordered using the Application are transactions between you and the Merchant offering such goods and services and Telenav is just facilitating your purchase and is not a party to the transaction. In the event you have a dispute regarding an order you placed using the Application, you must resolve such dispute with the Merchant directly.
e. In cases where payment for goods and/services has been processed through the Application, you may contact our customer service at subarumarketplace@telenav.com or +1 844-672-6282 to dispute a transaction. Telenav may use your personal information for the purpose of resolving disputes you may have with a Merchant. Any refunds provided will be in your original form of payment. Alternatively, you may also dispute any charges by contacting your credit card company. In all cases, disputed transactions must be filed with Telenav within sixty (60) days following the date of the transaction which is the subject of the dispute.
f. You acknowledge Telenav is not responsible for the quality of the goods or services Merchants offer to you through the Application. If you are dissatisfied with the quality of the goods and/services you received, you should contact the merchant with your concerns.
a. Subject to your compliance with the terms of this Agreement, Telenav hereby grants to you a personal, non-exclusive, non-transferable license to: (i) download or otherwise copy the Application onto your wireless device, and (ii) use the Application, in object code form only, on your device.
b. This license shall terminate upon any termination of this Agreement, termination of your account, or upon any suspension, termination or cancellation of your access to the Application.
c. Except for the limited license rights expressly granted herein, Telenav shall own all right, title and interest in and to the Application, including without limitation all intellectual property rights therein.
d. The Application contains materials which belong to third parties (“Third Party Materials”). You are entitled to access and use such Third Party Materials only in conjunction with your lawful use of the Application. All right, title and interest in such Third Party Materials, including without limitation all intellectual property rights therein, remain vested with the respective third party owner.
e. To the extent You submit comments or suggestions regarding the Application, including information related thereto (“Feedback”), You agree that any such Feedback is given on non-confidential basis and You hereby waive any confidentiality restrictions for such Feedback. Telenav will be free to exploit and disclose any Feedback on an unrestricted basis without having to notify or compensate You.
f. You agree not to do any of the following:
a. To the fullest extent permissible by applicable law, in no event will Telenav, its licensors and suppliers, or agents or employees of any of the foregoing, be liable for any decision made or action taken by you or anyone else in reliance on the information provided by the Application. You are responsible for the entire risk arising out of your use of the Application.
b. The Application is provided "as is" and without warranties of any kind either express or implied. Telenav disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
c. You acknowledge that devoting attention to the Application may pose a risk of injury or death to you and others in situations that otherwise require your undivided attention, and you therefore agree to comply with the following when using the Application: (i) observe all traffic laws and otherwise drive safely; (ii) use your own personal judgment while driving. If you feel that an instruction or message from the Application instructs you to perform an unsafe or illegal maneuver, places you in an unsafe situation, or directs you into an area that you consider to be unsafe, do not follow such instructions or messages; (iii) do not use the Application unless your vehicle is stationary and parked; and (iv) do not use the Application for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement.
d. You understand and agree that the Application is downloaded to your wireless device at your own discretion and risk and that you will be solely responsible for any damages to your wireless device, or loss of data, that results from the download of such software.
e. Telenav does not warrant that the Application will not infringe on third party intellectual property rights.
f. Telenav also does not warrant that your use of the Application will be uninterrupted or error-free. Rather, temporary interruptions of the Application may occur from time to time (such as when you drive into an area that has no cell phone coverage or when the Application or your carrier's network is undergoing maintenance). Telenav will exercise reasonable efforts to attempt to limit or prevent such occurrences, but in no event will Telenav be liable for any financial or other damages due to such interruptions.
g. As Telenav is only providing a technology platform to connect you with Merchants, Telenav also does not warrant the quality or suitability of the goods and or services you purchase from third parties using the Application, including but not limited to the following:
h. Telenav has no responsibility or liability for acts or omissions by any Merchant.
i. Telenav has technological and operational security policies and procedures to protect your information from loss, misuse, alteration, or unintentional destruction, but Telenav makes no representations or warranties regarding the security of the Application or the transmission of data or information to and from Telenav and your wireless device. Telenav will not be liable to you or anyone else in the event of any unauthorized infiltration of any of its systems.
j. Applicable law may not allow certain warranty exclusions, so one or more of the above disclaimers may not apply to you.
A. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL TELENAV OR ITS LICENSORS, BUSINESS PARTNERS OR SUPPLIERS (OR EACH OF THEIR LICENSORS AND SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, INJURY, OR DAMAGES (INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY OF USE BY YOU OR ANY THIRD PARTY OF THE APPLICATION, ANY DEFECTS IN THE APPLICATION, OR ANY BREACH OF THIS AGREEMENT, EVEN IF TELENAV OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), THE ENTIRE LIABILITY OF TELENAV AND OF ALL OF TELENAV’S LICENSOR’S, BUSINESS PARTNERS AND SUPPLIERS SHALL NOT EXCEED TEN U.S. DOLLARS ($10.00).
To the extent permitted by applicable law, you agree to indemnify, defend and hold Telenav and its licensors, business partners and suppliers (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with your use of the Application.
a. Any dispute arising out of this Agreement, the Application, the Subaru Marketplace, or any right or obligation hereunder, shall be resolved through final, binding and non-appealable arbitration to be conducted in Santa Clara County, California in accordance with the rules and regulations of the American Arbitration Association then in-effect. Arbitration shall be instead of any civil litigation and the arbitrator’s decision shall be final, binding and, upon entry by a court of competent jurisdiction, and enforceable by any court having jurisdiction thereof. If the parties cannot agree on an arbitrator, the Superior Court of the county of venue shall appoint the arbitrator. The arbitrator shall be empowered and authorized to award any equitable remedy, including specific performance. However, the arbitrator is not empowered and is without jurisdiction to award either party: (a) special, exemplary, indirect, consequential, incidental or punitive damages, or (b) its attorneys’ fees and/or costs and expenses incurred in the arbitration (whether such party is the prevailing party). The parties shall split equally the arbitrator’s fees. Filing a judicial action or recording a notice of pending action, order of attachment, receivership, injunction, or other provisional remedies shall not waive arbitration rights nor is recourse to such judicial relief precluded by the existence or availability of arbitration hereunder. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties. You expressly agree to waive your right to a jury trial.
b. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its choice of law provisions. In the absence of effective enforcement of arbitration under this Agreement, any dispute under this Agreement shall be brought in the state and federal courts located in Santa Clara County, California, USA, and the Parties hereby consent to the personal jurisdiction and venue of said courts. Nothing in this Agreement limits a party’s right to apply to a competent court for injunctive or other equitable relief: (i) in relation to an infringement of intellectual property rights; or (ii) or to take action in any jurisdiction to enforce a judgement or other decision. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
a. This Agreement constitutes the entire agreement between Telenav and you with respect to the subject matter hereof. Telenav's or your failure to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
b. If any provision herein is held unenforceable, then such provision will be modified to reflect the intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.
c. You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to Telenav. Notwithstanding the foregoing, Telenav may assign this Agreement at any time without notice.
d. By using the Application, you consent to receive from Telenav all communications, including notices, agreements, legally required disclosures or other information in connection with the Application (collectively, "Notices") electronically. Telenav may provide such Notices by posting them on Telenav's website or by downloading such Notices to your wireless device. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the Application. Telenav may email or send text messages to you from time to time to inform you about our products and services that we think will interest you, unless you inform us that you opt out from receiving such communications.
e. If you have any questions regarding the terms of this Agreement, please contact Telenav by sending an email to subarumarketplace@telenav.com or by writing to Telenav Customer Service, 4655 Great America Parkway, Suite 300, Santa Clara, CA 95054, USA.
NOTE: Additional terms and conditions applicable to you are as follows:
Privacy is important to us, so you have the option of disabling certain types of storage that may not be necessary for the basic functioning of the website. Blocking categories may impact your experience on the website. Cookie Policy