1. Definitions The following terms are used throughout these Terms and Conditions and have specific meanings.
1. "Account” means the account that the Users are required to register through the App and/or the Platform to use the Services including the required documents needed to complete the Account registration.
2. "Additional Fees” means fees that may be incurred by the Client as a result of the Client's use of a Vehicle including, but not limited to, traffic and parking fines, toll fees, fuel charges, excess mileage fees, insurance premium and the Early Termination Penalty Charges (as further set out in clause 8).
3. "Agreement” and "Terms and Conditions” collectively mean all of the terms, conditions and notices contained or referenced in this document (as amended from time to time) and all other Carflow rules, policies available on the Platform (including but not limited to the Privacy Policy, guidelines and procedures that may be published from time to time on the Platform).
4. "App” means the mobile application that is provided by FAZ Technologies LLC and which connects the Clients with Vendors to lease Vehicles.
5. "Client”, "you” and "your” collectively mean a person or company that contacts, engages and/or aims to lease a Vehicle or Vehicles from a Vendor through the Platform and/or App.
6. "Confirmation Order” means any and all written or electronically transmitted confirmation orders sent by Carflow for Vehicle Lease that may contain, including without limitation, reservation number, the description of the Vehicle, pick-up location, date and time, drop-off location, date and time, the Vendor's details, payment terms, quantity, duration of the Vehicle Lease and any special condition.
7. "Confirmed Reservation” means the confirmation of a Vehicle Lease reservation by the Vendor following receipt of a Vehicle Lease reservation request made by a Client through the Platform.
8. "Content” means any content submitted, generated, featured, displayed through the Platform (including but not limited to, any Vehicle profile, any text, correspondence, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Platform). Content includes, without limitation, User Content which may be submitted by a User.
9. "Credit Score Authorization Letter” means the credit score authorization letter to be signed by you to authorize Carflow to collect your credit score in the form attached hereto in Appendix 1.
10. "Digital Wallet” means a balance maintained on the Platform and / or the App by Carflow and linked to a User’s Account on which any credits due to the User can be recorded by Carflow, subject to the provisions of clause 5.
11. "Discount Amount” means the amount or value of the discount applicable to a Lease Payment as set out in the Confirmation Order and/or invoice.
12. "Early Termination Penalty Charges” means the penalty charges payable by the Client in the event of an early termination of a Vehicle Lease Agreement by the Client (as set out under clause 8.1(viii)).
13. "Lease Payment” means the lease amount of a Vehicle as set out in the Confirmation Order and/or the Vehicle Lease Agreement and chargeable to the Clients through the Platform.
14. "Mid Month Return Fee” means a fixed fee payable by the Client in the event of the early return of a Vehicle (as set out in clause 9.6), which may be determined by Carflow from time to time and notified on the Platform and/or App.
15. "Platform” means any online tool provided, processed and/or maintained by Carflow (including, but not limited to, through Carflow's App, website, all subpages and subdomains, all Content, Services, and products available at or through the Platform located at https://www.carflow.qa/ or any other related domain offering access to, or facilitating the provision of, the Services).
16. "Privacy Policy” means Carflow's privacy practices in relation to the use of the User Content, Platform and the Services which is available at https://www.carflow.qa/privacy.
17. "Service” means the online and/or offline services, provided by Carflow for the provision and use of the technology that Carflow has developed for collaboration, communication, and payment between the Vendors and the Clients, including without limitation access to Carflow's App, online community, communication tools, and payment services.
18. "Successful Lease” means the acceptance of a Confirmation Order by a Client as evidenced by a deposit or a payment of all or part of the Lease Payment.
19. "Third Party Content” means any content that belongs to or originates from third parties.
20. "Unused Leased Amount” means the amount payable by Client as per clause 8.8.2(a).
21. "User Content” means any content, written or otherwise, created, submitted, generated, featured, displayed through the Platform (including but not limited to, any text, correspondence, and photographs) by the Users while using the Platform.
22. "User” means the person, company, or organization that has visited or is using the Platform and/or the Service. A User may be a Client, a Vendor, both, or neither.
23. "Vehicle Lease Agreement” means the agreement that will be entered into between a Vendor and a Client to formalize their arrangement specifying the key terms of their engagement (including without limitation the description and duration of the Vehicle Lease, the Lease Payment and payment terms).
24. "Vehicle Lease” means the lease by a Client of a Vehicle from a Vendor using the Platform.
25. "Vehicle” means the vehicle of a Vendor enrolled within the Platform that has been rented by a Client or agreed by a Vendor to be rented out to a Client through the Platform, and that includes its parts, components, accessories, and registration documents.
26. "Vendor Services” means any services provided by the Vendors in relation to the Vehicle Lease as may be specified in the Vehicle Lease Agreement, including, but not limited to, providing well-functioning Vehicles without any damages, communicating any Additional Fees, and providing assistance in case of breakdown of a Vehicle.
2. About Carflow
Carflow is a Platform connecting Vendors and Clients. We provides access to Carflow’s virtual community of Vendors; easy collaboration through our communication tools; and secure payment tools.
2.1 You understand and agree that Vendors are not the employees or agents of Carflow and that any transaction and/or agreement (such as the Vehicle Lease Agreement) entered into as a result of your use of the Services whether oral or written, is between you and the Vendor only and Carflow is not a party thereto. Both you and the Vendor have complete discretion with regard to the terms of any Vehicle Lease Agreement. Notwithstanding these Terms and Conditions, you will, at or around the time of picking up the Vehicle, be required to enter into a Vehicle Lease Agreement which is a contractual relationship directly between the Client and the Vendor. You acknowledge and agree that, in such an instance, Carflow shall not be a party to such Vehicle Lease Agreement and shall not be responsible for performing the obligations of any such Vehicle Lease Agreement between you and any Vendor, and Carflow disclaims all liability arising from or related to any Vehicle Lease Agreement.
2.2 You agree and acknowledge that Carflow does not own, sell, lease, re-lease or rent any Vehicle and that the Vendors shall solely be responsible for the Vehicle Lease and that Carflow acts as intermediary between the Clients and Vendors and its role is solely to facilitate the availability of the Services for the Clients and Vendors.
2.3 Carflow does not endorse any Vendor over another to service a Client. While Carflow uses commercially reasonable efforts to confirm that Vendors are licensed and maintain the required governmental approvals to provide the Vehicle Lease, we do not make any warranty, guarantee, or representation as to the licensing, ability, competence, compliance, quality, or qualifications of any Vendor. You agree and understand that it is your duty to inquire and evaluate the licensing, ability, competence, compliance, quality, or qualifications of any Vendor.
2.4 Although Carflow requires the Vendors to provide accurate information, we do not confirm any Vendor’s purported identity. The Clients agree to independently research and evaluate any Vendor.
2.5 Although Carflow requires the Vendors to carry business and/or professional liability insurance, Carflow does not warrant or guarantee that Vendors are covered by business and/or professional liability insurance and Carflow makes no warranty or guarantee with respect to the sufficiency of such business and/or professional liability insurance.
3. Changes to the Terms and Conditions
3.1 You agree that Carflow may amend this Agreement from time to time, and in Carflow’s sole discretion. Although we will use our best endeavours to notify you of any amendment to this Agreement, we will not be required to provide you with prior notification of such amendments or changes to this Agreement and your continued use of the Platform or Services shall constitute your acceptance of such amendments or changes to the Agreement.
3.2 Upon any amendment or change to this Agreement, we will publish the amended Agreement on the dedicated link available at our Platform. Your continued use of the Platform and/or the Service after the publication date of a revised version of this Agreement constitutes your acceptance of its terms.
3.3 You agree and undertake to review our Terms and Conditions each time you visit our Platform and/or prior to your use of any Services. If you do not agree to our Terms and Conditions, as updated from time to time, you undertake to cease using our Platform and/or Services immediately.
4. Account Registration and Client Responsibilities
4.1 If you would like to use our Services, you must create a personalized Account which includes a unique username and a password to access the Service. Each Client is responsible for maintaining the security of its Account and for all activities that occur under the Account and any other actions taken in connection with the Account. You undertake to provide accurate and complete information and keep your Account information and your Account updated and maintain its confidentiality. You agree to notify Carflow immediately of any unauthorized use of Account, or any other breaches of security. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your computer, mobile device, or other computing device and/or Account.
4.2 We reserve the right to suspend or terminate your Account at any time, including if any User Content or information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Services that violates this Agreement.
4.3 When using the Services, the Clients undertake to provide Carflow with their personal information (including name, address, email address, date of birth, driving license details, credit card information, phone number). You agree and accept that any such information shall be shared by Carflow with the available Vendors that may be able to provide the Vendor Services.
4.4 Upon occurrence of a Successful Lease, the Clients agree that such Vehicle Lease shall only be extended or amended through the Platform and that any further or recurrent payment for such Vehicle Lease shall only be made through the Platform.
5. Digital Wallet
5.1 Carflow will maintain, for each User’s Account, a Digital Wallet in which any credit pursuant to the terms of this Agreement will be held.
5.2 Any credit will be stored in the Digital Wallet for 60 days before expiring, and can be used by the User to pay for any Service offered by us through the Platform and/or App.
5.3 For the avoidance of doubt, Users cannot deposit funds or credit in the Digital Wallet. The Digital Wallet can only be used to record and store any credit issued by Carflow to the User pursuant to the terms of this Agreement.
6. User Conduct Restrictions
6.1 You agree that you will not, under any circumstances, transmit any Content that (i) is unlawful or promotes unlawful activity; (ii) defames, harasses, abuses, threatens, or incites violence towards any individual or group; (iii) is political, pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) is spam, constitutes unauthorized or unsolicited advertising, any other form of unauthorized solicitation; (v) contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; (vi) infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights; (vii) impersonates any person or entity, including any of our employees or representatives; or (viii) violates the privacy of any third party.
6.2 By accessing or using the Platform and/or Services, you represent and warrant that: (i) you have a valid driving license in Qatar; (ii)you have the authority to validly enter into and/or be bound by this Agreement; (iii) your use of the Services will be solely for lawful purposes that are permitted by this Agreement; (iv) your use of the Services will comply with all Qatar local and federal laws, rules, and regulations, and with all of Carflow’s policies; as amended from time to time.
6.3 You represent and acknowledge that you are over the age of 18. Carflow does not target any Content to children or teenagers under 18, and we do not permit any Clients under 18 to use our Service. Please immediately cease from using the Platform if you are under this legal age.
6.4 At our discretion, we, or technology we employ, may monitor and/or record your general interactions with the Service. However, any liability, loss or damage that occurs as a result of any User interactions is solely your responsibility, as further described in clauses 14 and 15 of this Agreement.
6.5 We have the right to, in our sole discretion, determine whether or not any Client
conduct is appropriate and complies with these Terms and Conditions. We also have the
right to terminate or deny access to and use of any Account and the Service to any Client
for any reason, with or without prior notice.
7. User Content
8. Additional Fees and Lease Payment
8.1 The Client agrees and accepts that the Additional Fees shall be calculated as follows:
(i) For any traffic and/or parking fine, a X% admin fee shall apply. As such, the Client undertakes to pay the applicable traffic and/or parking fine and an amount equivalent to X% of such traffic and/or parking fine as an admin fee;
(ii) For fuel charges, a X% admin fee shall apply. As such, the Client undertakes to pay the applicable fuel charges and an amount equivalent to X% of such fuel charges as an admin fee;
(iii) For toll () charges, an admin fee of QAR X shall apply. As such, the Client undertakes to pay the applicable toll () charges and an admin fee of QAR X;
(iv) For any excess mileage, an admin fee of X shall apply per kilometre. As such, the Client undertakes to pay X per kilometre as an admin fee if the total miles driven exceeds X kilometres per month;
(v) The insurance premium shall be calculated depending on the Vehicle;
(vi) Any Additional Fees incurred as per this clause 8.1 shall be payable immediately, on notification by us to the Client of the Additional Charge having been incurred.
(vii) In the event the Client fails to fulfil its payment obligations under this Agreement and/or the Vehicle Lease Agreement and/or fails to respond to Carflow’s notifications for any late payment, the Vehicle will be collected by the Vendor with all applicable fees and charges charged to the Client. The Vendor will liaise with the Client with respect to collection of the Vehicle, and the Client shall cooperate with the Vendor accordingly. The Client will continue to incur any applicable charges under this Agreement and/or the Vehicle Lease Agreement until the Vehicle has been successfully returned to the Vendor. In the event that the Client does not cooperate and/or hand over the Vehicle to the Vendor on time, the Vendor and we will have the right to disable and/or track the Vehicle and/or to engage third parties or the relevant authorities as may be appropriate (such as police). If a Vehicle has been collected pursuant to this clause 8.1.
(vii) (earlier than the expiry of the term of the Vehicle Lease Agreement), any unused days for which the Client has already paid will be credited to the Client’s Digital Wallet on a pro rata basis to offset any outstanding amount owed to the Client. If there is any outstanding amount owned by the Client to we and/or the Vendor, the Client’s liability to pay such outstanding amount shall continue to apply. Carflow reserves the right to collect the car. Any unused days will be pro-rated as credit to the client to offset any outstanding amount owed. Any remaining amount will still be subject to be paid by the client.
(viii) In case of an early termination by a Client of a Vehicle Lease Agreement, the Client agrees that the Early Termination Penalty Charges as well as a one-time admin fee of QAR 50 shall apply. The Client further agrees and acknowledges that the Early Termination Penalty Charges shall be calculated as follows:
8.2 The Clients understand and acknowledge that the Additional Fees are subject to change from time to time and may be provided for in the Confirmation Order specifically. If there is any inconsistency or conflict between the Additional Fees provided for in clause 8.1 above and the Additional Fees provided for in the Confirmation Order, the Additional Fees provided for in the Confirmation Order will prevail.
8.3 The Clients shall pay Carflow the Lease Payment on a monthly basis, as specified in the Confirmation Order and/or the Vehicle Lease Agreement.
8.4 The Clients agree that they will pay the Lease Payment and the Additional Fees (if applicable) through the Platform only, including recurrent payments as well as subsequent transactions not necessarily related to the initial Vehicle Lease.
8.5 The Clients shall be responsible for taxes (VAT) as applicable, any processing fees associated with their use of the Services and Vehicle Lease, and any credit card fees and banking transaction fees (if applicable).
8.6 Carflow accepts payments by credit card and debit card, including without limitation Visa and Mastercard. The Clients can make payments in the currency listed on the Confirmation Order that they receive. The Clients hereby authorize Carflow to charge their credit card for any Lease Payment and Additional Fees (if applicable) as well as any other recurrent payments or amounts due as part of our Services. By accepting our Terms and Conditions, the Clients agree that they authorize Carflow to charge them automatically for any Lease Payment and Additional Fees (if applicable) as well as any other recurrent payments or amounts (as applicable), without the need for any additional notice or consent. The Clients are responsible for providing complete and accurate billing information to Carflow and notifying us of any changes to such information.
8.7 All online payments are also governed by the terms and conditions of the respective merchant service provider. Please review the respective merchant service provider’s terms and conditions and privacy policy before entering any transaction. You must retain a copy of the transaction records.
8.8 Carflow will not trade with or provide any services to OFAC and sanctioned countries.
8.9 Carflow will provide you directly or through its merchant service provider, with an electronic payment confirmation immediately after you successfully perform a payment through the Platform. Carflow will also provide you with an invoice issued by the Vendor to your attention in relation to the Lease Payment and Additional Fees (if applicable) upon receipt of any such payment.
9. Cancellations of Confirmed Reservations and Early Returns
Cancellations of Confirmed Reservations
9.1 The Clients agree and accept that a Confirmed Reservation shall be valid for 24 hours starting from the confirmation of the Vendor, after which it will automatically be cancelled.
9.2 All cancellations of the Confirmed Reservations by the Clients shall be communicated directly to Carflow. If cancellation of a Confirmed Reservation by a Client happens with at least 12 hours prior notice to the handover of the Vehicle, the cancellation shall be processed with no penalty and the Lease Payment (or part thereof) that has been received by us will be refunded to the Client’s Digital Wallet, subject to any associated costs, including, but not limited to any bank transfer fees or credit card fees.
9.3 If cancellation of a Confirmed Reservation by a Client happens less than 12 hours before the handover of the Vehicle, an amount equal to 20% of the Lease Payment will be charged to the Client and the remaining amount (subject to any associated costs, including, but not limited to any bank transfer fees or credit card fees) will be refunded to the Client’s Digital Wallet.
9.4 If a Client, within 7 days from the agreed handover date, informs Carflow of its inability to pick up a Vehicle, the Client shall only be charged an amount equal to 50% of the Lease Payment and the remaining amount (subject to any associated costs, including, but not limited to any bank transfer fees or credit card fees) will be refunded to the Client’s Digital Wallet.
9.5 If a Client, after 7 days from the agreed handover date, informs or fails to inform Carflow of its inability to pick up a Vehicle, the Client shall be charged the full Lease Payment and will not be entitled to any refund.
Early Returns
9.6 A Client may return a Vehicle earlier than the expiry of the term of the Vehicle Lease Agreement. Applicable charges for doing so will depend on whether the Client wishes to return the Vehicle on, before or after the date that the next monthly payment falls due as specified in the Confirmation Order and/or the Vehicle Lease Agreement, and whether any Early Termination Penalty Charges apply as specified in clause 8.1(viii). Any charges associated with an early return will be payable at the time the Client confirms the early return. Early returns will be subject to the following conditions:
10. Third-Party Content
10.1 By using the Service, Clients will be able to access the Third-Party Content and a Client’s use of the Service is consent for Carflow to present the Third-Party Content to that Client. Clients acknowledge all responsibility for and assume all risk for their use of the Third-Party Content.
10.2 As part of the Service, we may provide you with convenient links to third party platform(s) as well as other forms of Third-Party Content. These links are provided as a courtesy to Service subscribers. We have no control over third party platforms or content or the promotions, materials, information, goods or services available on them. We are not responsible for any Third-Party Content accessed through our Platform. If you decide to leave the Platform and access Third Party Content, you do so at your own risk and you should be aware that our Terms and Conditions and policies no longer govern.
10.3 This Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third-Party Content.
11. Intellectual Property
11.1 Carflow retains ownership of all intellectual property rights of any kind related to the Platform and Service, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Platform and the Service may be the trademarks of other third parties. This Agreement does not transfer from us to you any FAZ or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with us. We reserve all rights that are not expressly granted to you under this Agreement.
11.2 Specifically, FAZ, carflow.qa, and all other trademarks that appear, are displayed, or are used on the Platform from time to time or as part of the Service are registered trademarks of FAZ Technologies LLC; and may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Carflow.
11.3 If you believe that any material located on or linked to by Carflow violates your copyright, please notify us. We will terminate a User’s access to and use of the Platform if, under appropriate circumstances, the User is determined to be a repeat infringer of the copyrights or other intellectual property rights of Carflow or others without necessary rights and permissions.
12. Email Communications
We use email and electronic means to stay in touch with our Clients. For contractual purposes, Clients (i) consent to receive communications from Carflow in an electronic form via the email address they have submitted or via the Platform; and (ii) agree that all Terms and Conditions, agreements, notices, disclosures, and other communications that Carflow provides to them electronically satisfy any legal requirement that such communications would satisfy if it were in a physical writing or traditional mailing; and (iii) without prejudice to clause no.12(i) and no.12(ii), Clients undertake to comply with clause no. 16.5 for any notification purposes.
13. Termination
13.1 If you wish to terminate this Agreement, you may simply discontinue using Carflow. If you wish to delete your Account data, please contact us at info@carflow.qa or via the Platform. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, and we will delete your full profile to the extent possible (if applicable).
13.2 Users may delete their Account using the Platform or App if they have not used their Account to obtain a Vehicle Lease, or once 60 days have elapsed from the successful return of the last Vehicle leased by the User if they have previously obtained a Vehicle Lease. Notwithstanding anything to the contrary, Users agree and acknowledge that Carflow reserves the right to disable a User’s ability to delete his Account if the User has any outstanding payment owed to Carflow or a Vendor under this Agreement and/or the Vehicle Lease Agreement.
13.3 Carflow may terminate your access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately.
13.4 Termination of your relationship with us does not affect your relationship with any Vendor you have retained through our Service. All legal, contractual, and ethical duties, obligations and responsibilities survive termination of the Carflow relationship.
13.5 All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. Disclaimer of Warranties
14.1 Carflow makes no representation or warranty that the information we provide or that is provided through the Service is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, that the Service will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of information, content or other material obtained from the Vendor or Service.
14.2 You are solely responsible for all of your communications and interactions with Vendors, as applicable, and with other persons with whom you communicate or interact as a result of your use of the Services. You understand that Carflow is not required to screen or inquire into the background of any Vendors or Vehicle Lease, nor does Carflow make any attempt to verify the statements of Vendors. Carflow makes no representations or warranties as to the conduct of Vehicle Lease. Carflow has no control over and does not guarantee the existence, quality, freshness, safety, or legality of any Vehicle Lease advertised by Vendors; the ability of Vendors to undertake the Vehicle Lease; or that the Vendor Service will be available at any particular time, or location. Carflow does not warrant or guarantee that any Vehicle Lease offered through the Platform will meet a Client's requirements. You agree to take reasonable precautions in all communications and interactions with Vendors, and with other persons with whom you communicate or interact as a result of your use of the Services, particularly if you decide to co