Terms and Conditions for UAE Careem Rides
Important Notes:
- Uber BV offers its Services (as defined below) on a digital intermediation platform made available by Careem Deliveries FZ LLC (respectively, the “Careem Platform” and “Careem Technologies”).
- Careem Technologies, as the provider of the Careem Platform, will host Careem Rides on the Careem Platform. Careem Technologies is not part of the Uber Group.
GENERAL TERMS OF USE
1. Contractual Relationship
These Terms of Use (“Terms”) govern the access and use by you, an individual, of the the Services (as defined in Section 2 below) made available by Uber BV (a private limited liability company established in the Netherlands, having its offices at Burgerweeshuispad 301, 1076 HR, Amsterdam, the Netherlands, registered at the Amsterdam Chamber of Commerce under number 56317441) on the Careem Platform. Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Uber BV. For the purpose of these Terms, Uber Technologies Inc. and its subsidiaries including, but not limited to, Uber BV and its respective subsidiaries are collectively referred to as the “Uber Group”.
The Services are made available on the Careem Platform and will be accessed in connection with services and content (including advertising) of Careem Technologies that the Uber Group does not control. You acknowledge that different terms of use and privacy policies may apply to your use of the Careem Platform and they will be shared with you from time to time by Careem Technologies. The Uber Group does not endorse such third party services and content and in no event shall any entity of the Uber Group, or any legal representatives, administrators, successors-in-interest, permitted assigns, directors or employees of the Uber Group, be responsible or liable for any such products or services of the Careem Platform.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES.
General Community Guidelines applicable to you are located at https://www.careem.com/en-AE/community-guidelines-cr.
If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you regarding the access or use of the Services. Uber BV may immediately terminate these Terms or the Services with respect to you, or generally cease offering or denying you access to the Services or any portion thereof. For the avoidance of doubt, such termination of access and use of the Service is not intended to cater for a mid-trip termination, and this clause shall not be invoked to affect a mid-trip termination of access to the Services.
Supplemental terms may apply to certain parts of the Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms will be effective upon their disclosure to you. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Uber BV may amend the Terms related to the Services from time to time. Amendments will be effective upon posting of such updated Terms at this location. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Our collection and use of personal information in connection with the Services is as provided in our Privacy Notice located here. The Uber Group may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.
2. The Services
The services provided by Uber BV (the “Services” or “Careem Rides”) are electronic services that enable you, through the Careem Platform, to arrange and schedule transportation services with independent third party providers of such services, including independent third party transportation providers under agreement with the Uber Group (“Third Party Providers”). Unless otherwise agreed by Uber BV in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT THE UBER GROUP AND MORE SPECIFICALLY UBER BV WITH WHOM YOU HEREBY CONTRACT DO NOT PROVIDE TRANSPORTATION SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION SERVICES ARE PROVIDED TO YOU BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY THE UBER GROUP.
License.
Subject to your compliance with these Terms, Uber BV grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Services on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by the Uber Group and the Uber Group’s licensors.
Restrictions.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Uber BV; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services.
You acknowledge that portions of the Services may be made available under the Careem Rides various brands or request options associated with transportation including the transportation request brands such as (without limitation) Careem Go and Careem Go+. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Uber BV’s affiliates; or (ii) independent Third Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses.
Third Party Services and Content.
The Services are made available and will be accessed in connection with third party services and content (including advertising) that the Uber Group does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. The Uber Group does not endorse such third party services and content and in no event shall Uber BV be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
Ownership.
The Services and all rights therein are and shall remain the Uber Group’s property or the property of Uber Group’s licensors (as applicable). Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner the Uber Group’s company names, logos, product and service names, trademarks or services marks or those of Uber Group’s licensors.
3. Your Use of the Services
User Accounts.
In order to access and use the Services, you must register for and maintain an active personal user account on the Careem Platform (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18). Account registration requires you to submit to Careem Technologies certain personal information, such as your name, address, mobile phone number and age. You may be required to add a valid payment method (such as credit card or other eligible digital payment method) in order to access and use the Services. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services and may also result in Uber BV terminating this Agreement with you. You are responsible for all activity that occurs under your Account, even as a result of loss or theft of the device through which you access the Careem Platform. Should you suspect that any other person may be using Services through your Account, or you suspect any other breach of security, you must notify us immediately.
User Requirements and Conduct.
The Services are not available for use by persons under the age of 18. You may not allow persons under the age of 18 to receive transportation from Third Party Providers unless they are accompanied by you. These age limitations apply unless Uber BV’s guidelines, terms or policies for your local market say otherwise. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
You and your guest riders shall not misuse the Third Party Provider’s vehicles or use such vehicles for any illegal purposes.
You and your guest riders shall not engage in any illegal activities while availing from a transportation service such as sexual acts, drinking alcohol, smoking or carrying any kind of drugs of narcotics. You will be solely responsible for any such prohibited acts.
Text Messaging.
By creating an Account and availing of the Services, you agree to receive communications from the Uber Group, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or pre-recorded messages may be generated by automatic telephone dialing systems (where allowed by and in compliance with local law). Communications from the Uber Group may include, but are not limited to: operational communications concerning your Account and the Services; updates concerning new and existing features on Careem Rides; communications concerning promotions run by us or our third-party partners; and news concerning the Uber Group, the Services and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You may opt-out of receiving text (SMS) messages from the Uber Group at any time by following the directions found at https://www.uber.com/unsubscribe/ (please refer to Careem Technologies’ terms and conditions applicable to your Account regarding text and other messaging you may receive in connection with your use of the Careem Platform). You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Promotional Codes.
Uber BV may, in its sole discretion, create promotional codes that may be redeemed for the Services, or other features or benefits related to the Services, subject to any additional terms that Uber BV establishes for the promotional code (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Uber BV; (iii) may be disabled by Uber BV at any time for any reason without liability to the Uber Group; (iv) may only be used pursuant to the specific terms that Uber BV establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Uber BV reserves the right to withhold or deduct such promotional credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Uber BV determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
You may be entitled to purchase through Careem Technologies bundles to be used on the Careem Platform (“Careem Bundles”), subject to their terms and conditions, or you may receive promotions from Careem Technologies that you can apply toward payment of Services. Careem Bundles and promotions are only valid for use on the Services through the Careem Platform and are not transferable or redeemable for cash and may only be used for certain Services as notified to you. Additional restrictions on Careem Bundles and promotions may apply as communicated to you in a relevant promotion or specific terms.
User Provided Content.
Uber BV may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Uber BV, through the Careem Platform or to Uber BV directly, textual, audio, and/or visual content and information in connection with the Services, including commentary and feedback related to the Services, support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to UTE, you grant Uber BV a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and the Careem Rides’ business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that any User Content you provide complies with and does not violate Uber Technologies, Inc.’s User Generated Content Terms located here, including the following representations and warranties: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Uber BV the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor the Uber Group’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. For the purpose of these Terms and for the avoidance of doubt, any reference to “Uber’s platform(s), tools, or social media channels” or “Services” in the User Generated Content Terms will be deemed a reference to the Services as defined in these Terms.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services. Uber BV does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Loyalty Program
By using the Services, you may get access to rewards or other benefits provided by Careem Technologies in connection with a loyalty program or otherwise (if such program or benefits are made available by Careem Technologies in your local market). The terms and conditions applicable to such loyalty programs or benefits (where applicable) are set out in Careem Technologies’ terms and conditions applicable to your Account. The Uber Group, and any legal representatives, administrators, successors-in-interest, permitted assigns of the Uber Group, shall in no event be responsible or liable for any matter relating to any loyalty program or other benefits by Careem Technologies.
Audio Recording
Third Party Providers may record trip audio using an in-app recording feature available to them through the Uber mobile application for drivers (the “Audio Recording Feature”). You will be notified of the possibility of being recorded and will then have the ability to cancel the trip. If you accept to take the trip further to being notified of the possibility of being recorded, then you are deemed to have provided your express consent to being recorded by the Third Party Provider.
The Audio Recording Feature is made available by Uber to Third Party Providers solely for safety purposes. In-app recordings recorded through the Audio Recording Feature are encrypted and will be stored on the Third Party Providers’ device for not more than seven (7) days following which they will be permanently deleted. The recordings are only shared with Uber if submitted by Third Party Providers as part of a support ticket.
The recording will only be decrypted if submitted to Uber as stated above, Uber will not have access to any recordings through the Audio Recording Feature unless and until shared with it by the Third Party Provider. Once the recording has been shared with Uber, it will be subject to Uber’s data management policies including on retention period. For more information, and to learn about your privacy rights, please read our Privacy Notice linked above. You hereby accept and acknowledge that, once a recording through the Audio Recording Feature is decrypted, Uber may unilaterally decide to share recordings through the Audio Recording Feature with governmental, law enforcement and/or juridical bodies if Uber deems it required under applicable law.
You hereby further acknowledge and agree that you are solely responsible for the use or misuse of the Audio Recording Feature through your account including where such use is not authorized by you. In the event of trips taken through your account by any person other than you, including with respect to any guest rider who takes a trip through your account or joins you on trip, you hereby confirm that you have informed them about the Audio Recording Feature and have sought their consent to be recorded during a trip in line with these Terms.
4. Payment
You understand that use of the Services may result in charges to you for the services or goods (if applicable) you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Service, and pay via a digital payment method (not cash), Uber BV (or an affiliate) through the Careem Platform will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Uber BV. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. Uber BV (or an affiliate) via the Careem Platform will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.
All Charges are due immediately and payment will be facilitated by Uber BV (or an affiliate) via the Careem Platform using the preferred payment method designated in your Account, after which the Careem Platform will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Uber BV via the Careem Platform may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and Uber BV, Uber BV reserves the right to establish, remove and/or revise Charges for existing services or goods obtained through the use of the Services, in which case you will be informed of the fee and associated terms. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Uber BV (or an affiliate) will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Uber BV (or an affiliate) may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods they provided to you. Uber BV does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Uber BV (on the Uber Group’s websites, in Careem Rides’ marketing materials or elsewhere) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services provided is not intended to suggest that Uber BV (or an affiliate) provide any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
Repair or Cleaning Fees.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Uber BV in Uber BV’s reasonable discretion, Uber BV reserves the right to facilitate payment (including via Careem Technologies) by you to the Third Party Provider for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts will be transferred by Uber BV through the Careem Platform to the applicable Third Party Provider and are non-refundable.
Payment pre-authorization
You pre-authorize the Careem Platform to temporarily hold an estimated amount on your payment method while booking a Service to make sure there is sufficient balance. You understand that the amount held is an estimate of the booking charges and is not an actual charge for use of the Services or transportation services provided by the Third Party Providers.
Any portion of such pre-authorized amount which is not applied towards the payment of Charges will then be made available to you in accordance with the terms and conditions of the Careem Platform. Uber Group shall have no liability whatsoever in respect of payment pre-authorizations.
5. Disclaimers; Limitation of Liability; Indemnity
LIMITATION OF LIABILITY. Nothing in these Terms limits or excludes any liability which cannot legally be limited or excluded, including liability for death or personal injury caused by negligence and liability for fraud or fraudulent misrepresentation or alters your rights as a consumer that cannot be excluded under applicable law.
Uber B.V. its affiliates, directors, officers, employees, workers, agents and/or subcontractors are not liable under or in relation to these Terms including, but not limited to, liability in contract, tort (including negligence, misrepresentation), breach of statutory duty, restitution or otherwise for any of the following arising out of or in connection with the use of the Services: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of use or corruption of software, data or information; (vi) loss of or damage to goodwill and (vii) indirect or consequential loss.
Uber B.V. its affiliates, directors, officers, employees, workers, agents and/or subcontractors are not liable for: (i) damages or losses arising from any transaction or relationship between you and a Third Party Provider; (ii) the availability and accuracy of the content, products or services of the Third Party Provider; or (iii) delay or failure in performance resulting from causes beyond our reasonable control.
Uber B.V.s total liability to you, arising out of these Terms or their subject matter, or in connection with the provision to you of the Services, in contract, tort (including negligence, misrepresentation), breach of statutory duty, restitution or otherwise, shall not exceed five hundred euros (€500), unless otherwise agreed in relation to a specific Uber product.
The Uber Group is not liable for business losses. Services are provided only for private use. If you use the Services for any commercial or business purpose Uber will have no liability to you for any loss of profit, loss of business, loss of revenue, business interruption, or loss of business opportunity (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms).
Your liability and Indemnity
You are liable for any damage suffered by us as a result of your violation of these Terms, your misuse of the Services and the Uber products or your violation of any laws or third party rights. You are liable for all activities conducted through your account unless such activities are not authorised by you and you are not otherwise negligent.
In order to have access to the Services, you agree to indemnify, defend (at our option) and hold us and our respective officers, directors, and employees harmless from and against all claims, liabilities, expenses, damages, penalties, fines, social security contributions and taxes arising out of or related to a breach of these Terms, breach of applicable law or third party claims directly or indirectly related to your use of the third party services and the Services generally.
DISCLAIMER. We provide the Services “as is” and “as available.” The Services, or any related digital content, may be subject to limitations, delays, and/or other problems inherent to the use of the internet and electronic communications and are not guaranteed to be available, uninterrupted or error free at all times. Uber may suspend or withdraw or restrict the availability of all or any part of the Services for business and operational reasons. Uber will try to give you reasonable notice of any suspension or withdrawal.
6. Governing Law; Arbitration
This Agreement is governed by and construed in accordance with the laws of The Netherlands, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) will be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and will be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute will be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration will be in Amsterdam, The Netherlands, without prejudice to any rights you may have under Article 18 of the Brussels I bis Regulation (OJ EU 2012 L351/1) and/or Article 6:236n of the Dutch Civil Code. The language of the mediation and/or arbitration will be English, unless you do not speak English, in which case the mediation and/or arbitration will be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, will remain strictly confidential and will not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
7. Other Provisions
Claims of Copyright Infringement.
Claims of copyright or trademark infringement must be sent to Uber Technologies, Inc.’s designated agent. Claims sent to any other contact will neither be received nor acknowledged. Contact information for Uber Technologies, Inc.’s designated agent can be found at the “Report Copyright Infringement” and “Report Trademark Infringement” hyperlinks located at https://www.uber.com/legal.
Notice.
Uber BV may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Uber BV by written communication to Uber BV’s address at Burgerweeshuispad 301, 1076 HR, Amsterdam, The Netherlands.
General.
You may not assign or transfer these Terms in whole or in part without Uber BV’s prior written approval. You give your approval to Uber BV for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Uber BV’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Uber BV or any Third Party Provider as a result of the contract between you and Uber BV or use of the Services. Uber BV may subcontract or otherwise engage Careem Technologies and/or any of Careem Technologies’ affiliates for the provision of its obligations under this Agreement. Such engagement shall always be in line with our Privacy Notice linked above.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”