Please read these Terms of Service (the “Agreement”) carefully. Your use of the Service (as defined below) constitutes your consent to this Agreement.
These terms (“Terms”) apply to you and CAN Mobilities Inc (known as “CAN” or “we” in these Terms) when you place a deposit payment for CAN. These Terms and the details you agree to when placing your Deposit Payment form the entire agreement between you and CAN (“Agreement”).
Your deposit payment (“Deposit Payment”) is exclusive of any taxes and will be applied towards a future purchase of the CAN GO. By placing your Deposit Payment, you have established priority within your region for purchasing the CAN GO when available. Use of a credit or debit card is subject to the terms and conditions in your card member agreement, including fees that may be charged by the card issuer for international transactions.
Prior to submitting an order, your Deposit Payment is fully refundable and can be requested at any time via your CAN account. If you seek and obtain a refund, you will forfeit your priority position. The exact refunded amount will be subject to (a) any fees charged by your card issuer; and (b) changes in currency exchange rates as applied by your payment provider between the time of deposit and the refund; (c) other third party payment processing fees.
Placing a Deposit Payment does not guarantee that the CAN Go will be available to you, nor does it constitute an offer to sell or order the CAN Go. Enrollment limits may apply. CAN GO is subject to change based on technological innovation. CAN does not guarantee when the CAN Go will actually be available in your region.
PLACING AN ORDER.
If CAN Go becomes available in your area, CAN will send you an offer notice. To secure CAN Go, you must agree to the terms of service and complete your purchase. Prices for the CAN Go presented at the time you place your Deposit Payment are subject to change to the prices in effect at the time of order and will include any applicable taxes, duties, delivery charges, and any other applicable fees.
You understand that CAN will not hold your Deposit Payment separately, for example in an escrow account or trust fund, or pay any interest on your Deposit Payment. Your Deposit Payment and rights under these Terms are not transferable or assignable to any other party or service address without the prior written approval of CAN.
By reserving a Device, you are giving us your consent to use your personal information and the other information which you provide to us so that we can process your reservation, conduct administration and prepare the Order and Purchase Agreement.
From time to time, we may contact you by mail, telephone, email, and text in relation to your reservation and you agree that you will not consider any of the above as being a breach of any of your rights under any data privacy, data protection or privacy law.
You can opt-out of receiving marketing information from us at any time; you may contact us for more information. However, we will still use your information in order to process your reservation.
These Terms and any disputes between us arising out of or related to this Agreement, including disputes regarding arbitrability (“Disputes”) will be governed by and construed in accordance with the laws of California, in the United States.
AGREEMENT TO ARBITRATE.
The terms of this Agreement are governed by, and to be interpreted according to the laws of the State of California.
If you have a concern or dispute, please send a written notice describing it and your desired resolution to firstname.lastname@example.org. If not resolved within 60 days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and us will not be decided by a judge or jury but instead by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. This includes claims arising before this Agreement, such as claims related to statements about our Device.
PROHIBITION ON CLASS ARBITRATION. you and CAN agree that no dispute or claim may be brought or maintained as part of a class action or class arbitration or other representative action or arbitration, regardless of whether the applicable arbitration rules would otherwise permit class or representative proceedings. Accordingly, you and CAN may only pursue a claim against the other in an individual capacity, and may not pursue a claim against the other on behalf of any other person, and no other person may pursue a claim on behalf of you or CAN against the other. An arbitrator may enter an award only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
LIMITATION OF LIABILITY.
CAN is not liable for any incidental, special, indirect punitive or consequential damages arising out of these Terms. Your sole and exclusive remedy will be limited to reimbursement of your Deposit Payment.
CAN maintains the right to cancel and refund your Deposit Payment for any reason at CAN’s election, including if we discontinue a service, product, feature or option after the time you place your Deposit Payment.
If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.
ELECTRONIC DELIVERY POLICY; NOTICES.
You consent to receive all agreements, updates, disclosures, policies, notices, and other information (collectively, “Notices”) provided by CAN or its affiliates via electronic delivery.