Terms of Use – Audi on demand Support

Effective: November 8, 2022

AUDI ON DEMAND WEBSITE AND APPLICATION TERMS OF USE

1. General Terms of Use

Introduction

Silvercar, Inc. dba Audi on demand (“Audi on demand”, “Us” or “We”) provides its Website and mobile application (“Site”) for your use, subject to these Terms of Use and your compliance with all applicable laws and regulations. Please read these Terms of Use carefully. By clicking "Accept" or by accessing and/or using the Site, you fully and unconditionally accept and agree to be bound by these Terms of Use. Audi on demand reserves the right to revise these Terms of Use, and if we do We will notify you of the changes and obtain your agreement to the changes. If you do not agree to these Terms of Use or to any changes made hereto, please do not visit or use the Site. Your continued use of the Site after notice of changes to these Terms of Use constitutes your acceptance of such changes.

Use Of The Site

Audi on demand maintains the Site for your non-commercial, personal use. Your use of the Site for any other purpose is permissible only upon the express prior written consent of Audi on demand. We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. You must be at least 18 years of age to use the Site. If you are not at least 18 years old, you must not access or use the Site.

Code of Conduct

While using this Site, you agree not to:

Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of "hacking," "denial of service" attacks or defacing any portion of the Site;
Use the Site for any unlawful or unauthorized purpose;
Express or imply that any statements you make are endorsed by Us, without our prior written consent;
Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about Us, any of our licensees or affiliates, or any third party without the authorization to do so; (c) any trade secret of ours, any of our licensees or affiliates, or any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by Us);
Engage in spamming or flooding;
Modify, adapt, sub-license, translate, sell, transfer, reverse engineer, decompile, or disassemble any portion of the Site;
"Frame" or "mirror" any part of the Site without our prior written authorization;
Tamper in any way with the software or functionality of the Site, including, without limitation, transmitting or posting any software or other materials to the Site that contains any viruses, time bombs, Trojan horses, worms, cancelbots or other computer programming routines that may damage, interfere with, intercept, or expropriate any system, data, or information;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way gather or extract discount coupons or other content on or available through the Site, or otherwise reproduce or circumvent the navigational structure or presentation of the Site or its contents;
Harvest, “scrape,” or collect information about visitors to or users of the Site without their express consent;
Create a database by systematically downloading and storing all or any of the information on the Site;
Make postings of a commercial nature; or
Permit others, including those whose accounts were terminated, to access the Site through your account, username or password.

Making Reservations

All reservations and transactions made through the Site are subject to Audi on demand's acceptance, which is in our sole discretion. Without limitation, this means that Audi on demand may refuse to accept or may cancel any reservation or transaction, whether or not the reservation or transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party.

If you wish to make reservations or to purchase or request products or services described on the Site, you may be asked by Us (or, if you are purchasing or requesting the product or service through a co-branded area of the Site, by the provider of such product or service) to supply certain data applicable to your reservation or purchase, including, without limitation, credit card information and other personally identifiable data about you. You understand that any such personally identifiable data will be treated by Us in the manner described in our Privacy Policy and, if an Audi on demand co-branded provider is involved, such data will be treated by such provider in the manner set forth in that provider's privacy statement; you acknowledge that We are not responsible for the information collection or privacy practices of these providers or any other third parties. You agree that all data that you provide in making reservations or purchases or requesting services will be accurate, current, and complete. You agree to pay all charges incurred by you or any users of your account and credit card or other payment mechanism at the rate(s) or price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes or fees relating to your purchases and reservations.

Verification of submitted data may be required prior to our acceptance of any reservation, purchase or order. Except as otherwise required by law or as otherwise expressly stated by Us, price, rate and availability of products or services are subject to change without notice. You acknowledge that reservations, purchases and services are subject to additional terms and conditions imposed by Us or by our affiliates, licensees or associates, including our Rental Terms and Conditions.

Site Modifications

We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Site at any time, without notice or liability to you or any third party. We also reserve the right, in our sole discretion, to impose limits on certain features and services.

We reserve the right, without prior notification, to change any descriptions or images of, references to, or prices of, any products or services on the Site, or to limit the order quantity on any such product or service and/or refuse service to you. We note that descriptions or images of, or references to, third party products or services do not necessarily imply our endorsement of such products or services.

Links To Other Sites

The Site may include links to third-party Websites. Audi on demand does not control and is not responsible for the content or privacy policies of any linked site, and the inclusion of any link on the Site does not imply our endorsement of it.

2. Premium Rewards Program Rules And Conditions

The Premium Rewards Program (“Program”) is a rewards program offered by Audi on demand. By clicking “Accept” for any Audi on demand rental you are automatically enrolled in the Program, and you fully and unconditionally accept and agree to be bound by the Program rules and conditions outlined below (the “Rules and Conditions”).

Enrollment

To be eligible for the Program, you must be at least the age of majority (18 years in most states) and must otherwise qualify to rent a vehicle from Audi on demand.

Earning and Spending Points

Points Awards

As a Program member, you are awarded points on qualifying rentals (“Points”). Points are only awarded upon the completion of a qualifying rental transaction that is paid in full or the completion of other specific non-rental activities expressly identified and specified by Audi on demand including but not limited to certain promotional campaigns or offers (each of the above an “Activity” or together “Activities”).

Points from rental Activities are awarded solely on the base rate of the rental. You do not earn Points for taxes, fees, or other costs beyond the base rate of the rental. You will not be awarded Points for any Activity, or portion of any Activity, obtained through the use of Points. You will earn 1 (one) Point per 1 (one) dollar spent on the base rate of the rental. Audi on demand has sole discretion to determine or modify, without notice, Points ratios (including the number of Points awarded per dollar spent), or the number of Points awarded for any specific rental.

Points from non-rental Activities are awarded as specified by Audi on demand for each Activity.

Audi on demand may also, in its sole discretion, offer or gift additional Points based on individual circumstances.

Using Points

You can use Points for rentals. You may also use a combination of Points and money if you have enough Points in your current Points balance to cover at least 50 percent of the base rate of the total reservation. Points will be deducted from your account upon booking a reservation.

Using Points for rentals is subject to availability at the time of reservation. Advance reservations are required.

You may not use Points for any base rental charges incurred beyond the original base rental cost of the reservation (including without limitation any extensions or overages). You may not use Points for any required fees or costs or any fees or costs subsequently assessed against you at the completion of a rental to offset costs associated with replacement or repair of a rental vehicle.

You may not use Points for a particular rental in conjunction with any other promotional offer by Audi on demand unless expressly indicated by Audi on demand as part of such other offer. By way of example, and without limitation, you may not use Points to cover part of a reservation that is also partially covered by rental days provided through the Always Audi program.

Expiration of Points

Points will expire if not used within 60 (sixty) months of being earned; however, points will not expire if you complete an Activity within such 60 month period. Such an Activity will reset the 60 month expiration period for all points earned prior to the Activity and not otherwise expired.

Points Adjustments

Audi on demand reserves the right at any time in its sole discretion to make any adjustments to the Points awarded for each Activity.

Effect of a Canceled or Modified Reservation

You will not earn Points for a canceled or incomplete reservation. Points used to obtain a rental will be returned to your Points balance if you cancel your reservation before the rental begins.

Points will be awarded based on actual amounts paid for the base rate of a reservation. Where you use Points for a reservation, and such reservation is extended after the rental begins, you cannot use Points for such extension or other additional charges incurred and you will be charged for such amounts accordingly.

In the event that you return a vehicle on a reservation made with Points prior to the scheduled end of such reservation, we will provide a partial refund of Points to your account only in the event that you contact us with a request to do so. To inquire about Points refunds, please contact Us at support@audiondemand.com.

No Cash Value

POINTS HAVE NO CASH VALUE OR CASH EQUIVALENT. Points may not be exchanged or otherwise redeemed for cash or credit.

No Sale or Transfer

You may not transfer, sell, or barter any Points. Audi on demand reserves the right at any time in its sole discretion to void any Points Audi on demand believes in its sole discretion to have been bartered, sold, exchanged, or issued to someone other than you.

Membership Cancellation

Audi on demand reserves the right to monitor your account at any time and without notice for compliance with these Rules and Conditions. Audi on demand may also review your Points balance and transaction history without limitation.

Audi on demand may cancel or suspend your Program membership and benefits, including accumulated Program Points, at any time with immediate effect and without written notice, for any reason and in Audi on demand’s sole discretion.

The Program and related benefits including but not limited to Points are the sole property of Audi on demand. You may cancel your Program membership by contacting us at support@audiondemand.com. By canceling your membership, you are also opting out of earning and future use of Program Points. Upon termination of Program membership for any reason, all unredeemed Points will be forfeited and you will no longer be able to participate in the Program. Forfeited or unused Points have no cash value or equivalent. Audi on demand r will not provide any compensation for forfeited or unused Points.

Modification of Rules and Conditions

Audi on demand may and reserves the sole right at any time to amend, modify or supplement these Rules and Conditions at any time for any reason and without notice. Audi on demand may make changes without limitation that affect the award and use of Points. All Program benefits, offers, rewards and services are subject to availability and may be changed at any time without notice. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. Continued membership in the Program will constitute your acceptance of any such amendment, modification, or supplementation of the Program. You are responsible for remaining knowledgeable of the Program Rules and Conditions and of any changes, modifications, or supplements to the Program.

Termination of the Program

Audi on demand may and reserves the sole right at any time to terminate the Program without advance notice to all active Program members. A Program member may not accumulate Points or claim Program benefits after the termination of the Program. At the time of termination or as otherwise specified by Silvercar all unredeemed Program Points will be forfeited without any obligation or liability and no reward claims will be honored. Audi on demand 2 may terminate the Program in whole or in part in any jurisdiction unless otherwise required by law.

Errors and Omissions

Audi on demand is not responsible for any (a) loss or misdirection of, or delay in receiving, any Program rewards or benefits; (b) theft or unauthorized redemption of Points; (c) any acts or omissions of third parties; or (d) any errors published in relation to the Program including without limitation any pricing or typographical errors, errors of description, and errors in the crediting or debiting of Points from Program membership accounts, or (e) any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Rules and Conditions, in any Program-related advertisements, or other materials; failures of electronic equipment, computer hardware, or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. Audi on demand reserves the right to correct without notice any such errors or omissions.

Tax Liability

The receipt of awards including the receipt or redemption of Points may be subject to tax liability. Any tax liability including but not limited to disclosure with respect to the receipt or use of Points is solely your responsibility. Audi on demand will not be liable for any tax liability, duty, or other charges in connection with award or use of Points. You should check with your tax advisor regarding possible tax implications.

3. Other General Terms and Conditions

Privacy Policy

Audi on demand takes your privacy seriously. Any information submitted on or collected through the Site or the Program is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use and Rules and Conditions.

Use Of Information Submitted

You agree that Audi on demand is free to use any comments, information or ideas contained in any communication you may send to Audi on demand, without compensation, acknowledgement or payment to you, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services and creating, modifying or improving the Site, the Program or other products or services. You agree that you have all rights necessary to grant this permission to Audi on demand.

Coupons

Audi on demand may provide specific discount coupons from time to time for the exclusive use of employees or members of specific entities with which Audi on demand has a contractual relationship. Audi on demand may also provide specific discount coupons from time to time for the exclusive use of Program members. These entity-specific coupons and the proprietary codes affixed on them are our proprietary property and may only be used by the employees or members of the specific entities or Program members for which the coupons apply. UNAUTHORIZED USE OR DUPLICATION OF ANY OF OUR ENTITY-SPECIFIC DISCOUNT COUPONS IS STRICTLY PROHIBITED.

Electronic Communications

By using the Site or participating in the Program, you consent to receiving electronic communications and notices from Audi on demand. You agree that any notice, agreement, disclosure or other communications that Audi on demand sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Intellectual Property

All copyrightable Site and Program text, graphics, sound, downloads, software and other material (collectively, the “Content”), the selection, compilation, arrangement and presentation of all materials, and the overall design of the Site and Program, are copyrighted by Audi on demand and are protected by law. All rights reserved. You may print a copy of the Content on your computer only for your own personal, non-commercial home use, provided that you do not remove any copyright, trademark or other proprietary notices from the Content. Any other use of the Content is strictly prohibited, unless you have our prior written permission. The Site and Program materials may also contain content that is owned by third parties, including our advertisers. You may use such third-party content only as expressly authorized by the applicable owner. All requests for permission to reprint or make any other use of the Content should be addressed to marketing@silvercar.com. Audi on demand does not warrant that your use of materials displayed on or linked to the Site, or in connection with the Program, will not infringe the rights of third parties.

Audi on demand is trademark and service mark owned by Audi on demand (this is not an all-inclusive list of Audi on demand's trademarks and service marks). Trademarks and service marks designated with the ® symbol are registered with the U.S. Patent and Trademark Office and possibly with foreign countries. Other trademarks and service marks belonging to Audi on demand may be designated with the "SM" or "TM" symbols. Our trademarks and service marks may not be used in connection with any product or service without our prior written permission. All other brands, trademarks and names not owned by Audi on demand that appear on the Site or in connection with the Program are the property of their respective owners, who may or not be affiliated with, connected to or endorsed by Audi on demand.

No Warranty

While Audi on demand use its reasonable best efforts to maintain the accuracy and reliability of the Site, the Program and Program information, Audi on demand does not warrant or represent that it will always function or be error-free. Audi on demand assumes no responsibility or liability for errors or omissions in the Site or Program or for problems with its operation. Your use of the Site and participation in the Program is at your own risk. Without limiting the foregoing, THE SITE, THE PROGRAM, THE CONTENT AND ANY PRODUCT OR SERVICE OFFERED THROUGH THE SITE OR PROGRAM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties. As a result the above may not apply to you.

BY ACCESSING THE SITE AND PARTICIPATING IN THE PROGRAM, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

Limitation Of Liability

IN NO EVENT SHALL SILVERCAR, ITS RELATED COMPANIES, AND EACH SUCH COMPANY'S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THE SITE, ANY INFORMATION PROVIDED BY THE SITE, ANY TRANSACTION ENTERED INTO THROUGH THE SITE, OR YOUR PARTICIPATION OR INVOLVEMENT WITH THE PROGRAM.

This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, loss of goodwill, loss of use, loss of data, cost of procuring substitute goods, services, or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if an individual advises of the possibility of such damages. The limitation of liability set forth herein is a fundamental element of the basis of the bargain between Audi on demand and you. The services offered through the Site or the Program would not be provided without such limitations. You acknowledge and agree that your sole and exclusive remedy for any dispute with Audi on demand with respect to your use of the Site or the Program is to stop using the services and cancel your account.

Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.

Indemnity

You agree to indemnify, defend, and hold Audi on demand and its related companies and each of their respective directors, officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and costs and fees and costs associated with enforcement of this provision, arising, directly or indirectly, in whole or in part, out of your use of the Site, participation in the Program, any Audi on demand product or service, or your violation of any law or the rights of any person.

Disputes

These Terms of Use and Rules and Conditions shall be governed by and construed solely in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law principles. You and Audi on demand agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site, your participation of the Program, any products or services rented or purchased through the Site, and any products or services rented or purchased in connection with the Program, under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Travis County in the State of Texas. You covenant not to sue or attempt to sue Audi on demand in any other forum or jurisdiction. You also acknowledge and understand that, with respect to any dispute with any of the Released Parties arising out of or relating to your use of the Site, your participation in the Program, products or services rented or purchased in connection with the Site or Program, or these Terms of Use and Rules and Conditions: (1) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; (2) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND (3) YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

General

All interpretations of the Terms of Use and Program Rules and Conditions will be at Audi on demand’s sole discretion, and Audi on demand’s decisions will be final. If any provision of these Terms of Use or Rules and Conditions is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced.

Membership in the Program and the earning and redeeming of Points are subject to all applicable local laws and regulations. Program memberships and Points are offered in good faith; however, they may not be available if prohibited or restricted by applicable law or regulation in the United States or in the Program member’s country of residence. If any part of the Program Rules and Conditions is held to be unlawful or unenforceable, that part will be deemed deleted from the Program Rules and Conditions in such jurisdiction and the remaining provisions will remain in force.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Audi on demand‘s failure to enforce any provision of these Terms of Use and Rules and Conditions shall not constitute a waiver of that or any other provision. These Terms of Use and Rules and Conditions set forth the entire agreement between you and Audi on demand in connection with your use of the Site and participation in the Program.

Contact Us

If you have any questions about these Terms of Use, please contact Us at support@audiondemand.com

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