THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS REGARDING YOUR USE OF OUR SERVICES (APPLICATIONS, WEBSITES, CONTENT, PRODUCTS, AND SERVICES) PROVIDED BY FARASSI (“WE”, “OUR” OR “US”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICES. YOUR USE OF THE FARASSI SERVICES IN ANOTHER COUNTRY SHALL BE SUBJECT TO THE LOCAL TERMS OF SERVICE OF THAT COUNTRY.

INTRODUCTION

By using any Farassi Services, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the “Terms & Conditions”). FARASSI reserves the right, at its own discretion, to update or revise these Terms & Conditions. Please check the Terms and Conditions periodically for changes. Your continued use of the service(s) following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN DO NOT ACCESS OR USE OUR SERVICES.

These Terms explicitly supersedes prior agreements or arrangements with you. Farassi may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, without prior notice.

Supplemental terms may apply to certain 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 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.

Our collection and use of personal information in connection with the Services is as provided in our Privacy Policy located at www.farassi.com.  Farassi 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 Service Provider (SP) (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.

CHANGES TO TERMS

All information contained in our services is subject to change without notice. In addition, these terms and conditions may be changed at any time without prior notice. We will make such changes by posting them on this location or on the applicable service. Your continued access of and use of the services after such changes conclusively demonstrates your acceptance of those changes and establishes a contractual relationship between you and Farassi.

1. OUR SERVICES

Description of Service

Farassi is an App service that pairs consumers who need a pickup and delivery by available Service Provider. The service is on-demand and available only where Farassi is allowed to perform such services.

Service Capabilities

Farassi is available on-demand as supply allows. Farassi Service Provider will ensure loads are secure before initiating travel and will unsecure them at the arrival location. When you order a pickup and delivery, you are requesting a Service Provider operating his/her own personally owned vehicle.  He/She can assist you in loading and unloading, but if your objects are large and heavy, an additional person may be required at an additional charge.

Service Limitations

Farassi cannot move hazardous materials, including solvents, flammable or explosive items. Farassi also cannot transport, illegal substances, or anything that may place a Service Provider in conflict with local laws or regulations.

Guarantee of Goods

Your goods are guaranteed to arrive in the same condition as they were when they were picked up.  Existing damage will be noted and photographed by Service Provider prior to transport. Damage that occurs during transportation (from the time the goods are placed on the truck to the time they are removed) will be repaired or replaced if you purchased insurance coverage before or at the time of pickup. Items of extraordinary value or items that are irreplaceable should not be moved via Farassi.

Pricing

Pricing is dependent on the following factors: Location of pickup address, distance traveled, duration of time (inclusive of loading, transit, unloading time), load size, and load weight. There is no standard price as the final price for pick up and drop off is negotiated between the Customer and Service Provider via the App. Billing starts when the Service Provider is dispatched to the pickup location and stops when all services are completed at the final delivery location. Payments are conveniently handled by entering mobile money details, cash, credit or debit card in the app or on our secure website. Charges are processed only after a Service Provider is dispatched.

Estimate Limitations

Farassi provides non-binding estimates of pricing and delivery times for Service Providers.  Actual charges may vary based on factors outside of the Farassi control, such as but not limited to weather and traffic conditions, store loading waiting times, customer special requests, and other unexpected barriers to loading or unloading that may or may not have been communicated to Farassi. CUSTOMERS ARE FULLY RESPONSIBLE FOR ACTUAL CHARGES AGREED TO. Delivery times for Service Provider – including pre-scheduled times – are also non-binding estimates and may vary. CUSTOMERS SHOULD REASONABLY EXPECT VARIANCES OF UP TO 60 MINUTES FROM ESTIMATED OR PRE-SCHEDULED DELIVERY TIMES.

Prohibited Use

There are a number of prohibitions for the use of Farassi services. The following cases are specifically prohibited:

• ABSOLUTELY NO CARRIAGE OF ANY PERSON in pickup cab or bed for any distance or reason ever.
• No articles of exceptional value (antiques, fine art, jewels/jewelry, gold or other precious metals).
• NO Hazardous Materials including but is not limited to: explosives, gases, flammable liquids, flammable solids, poisonous or infectious substances, radioactive material, corrosives.
• NO firearms, ammunition or other explosive materials.
• NO illegal goods.

Risk

Each Service Provider will drive their own vehicle that is personally registered in their name and is insured to requirements. Goods and other property that are damaged as a result of improper packaging for transport in a pickup truck (such as, but not limited to, televisions and other sensitive electronics) may not be covered at Farassi sole discretion. It is your responsibility to insure that items are reasonably packaged and prepared for moving in a pickup truck.

Customer Service

To report a problem or request information about any topic, please email support@farassi.com.

Your Information

Your information may be used only to provide better service for you. You also agree that by installing and using the Farassi app, you have opted into our customer communications and may receive emails, text messages, or push notifications from Farassi. You may unsubscribe from these communications at any time.

Representations and Warranties

You agree that when using the Farassi services, you will use the applications in their intended method and that you will not attempt to subvert the system or cause the Farassi business model to be impaired or changed. You agree that you are using the Farassi services voluntarily and you agree to pay for any services you request when they are delivered to you.  Cancellation of a Farassi run after the Service Provider been dispatched will result in a minimum non-refundable cancellation fee.

Unless otherwise agreed by Farassi in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT FARASSI DOES NOT PROVIDE TRANSPORTATION OR DELIVERY SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY PROVIDERS (SPs) WHO ARE NOT EMPLOYED BY FARASSI OR ANY OF ITS AFFILIATES.

You acknowledge that portions of the Services may be made available under Farassi’s various brands or request options associated with transportation or deliveries, including the transportation & delivery request brands currently referred to as “FarassiX4,” “FarassiXL6,” “FarassiXP,” “Car,” “Pragya,” “Motorbike,” “Mini-Van,” “Walker” and “Truck,” depending on your location. You also acknowledge that the Services may be made available under such brands or request options by or in connection with:

1. Certain Farassi’s subsidiaries and affiliates;
2. Independent Service Provider (SP)s, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses.

PERMISSION & LICENSE TO USE SERVICES

Subject to your compliance with these Terms, Farassi grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:

1. Access and use the Applications on your personal device solely in connection with your use of the Services
2. 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 Farassi and Farassi’s licensors.

Restrictions

You may not:

1. Remove any copyright, trademark or other proprietary notices from any portion of the Services;
2. 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 Farassi;
3. Decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;
4. Link to, mirror or frame any portion of the Services;
5. 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;
6. Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Farassi Services and Content.

The Farassi Services may be made available or accessed in connection with third party services and content (including advertising) that Farassi 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. Farassi does not endorse such services and content and in no event shall Faassi be responsible or liable for any products or services of such Service Provider (SP)s. Additionally, Apple Inc., Google, Inc., and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access these third-party Services using Applications developed for Apple iOS & Android, 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.

These Services and all rights are and shall remain Farassi’s property or its licensors. Neither these Terms nor your use of the Services convey or grant to you any rights:

• Related to the Services except for the limited license granted above.
• In reference to any of Farassi’s company names, logos, product and service names, trademarks or services marks or those of Farassi’s licensors.

2. YOUR USE OF THE SERVICES

User Accounts

In order to use most aspects of the Services, you must register for and maintain an active personal Client (“Account”). You must be at least 18 years of age. Account registration requires you to submit to Farassi certain personal information, such as your name, email address, mobile phone number, as well as at least one valid payment method (credit card, cash mobile, money or Paypal account). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to do so, including having an invalid or expired payment method in our records, may result in your inability to access and use the available Services or Farassi’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Farassi in writing, you may only possess one Account.

User Requirements and Conduct.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Service Provider (SP)s unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. 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 Service Provider (SP) 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.

Text Messaging.

By creating an Account, you agree that Farassi may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Farassi at any time by following the directions found at www.farassi.com. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

Promotional Codes.

Farassi may, in Farassi’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Service Provider (SP)’s services, subject to any additional terms that Farassi establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes:

• Must be used for the intended audience and purpose, and in a lawful manner
• 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 Farassi
• May be disabled by Farassi at any time for any reason without liability to Farassi
• May only be used pursuant to the specific terms that Farassi establishes for such Promo Code
• Are not valid for cash
• May expire prior to your use. Farassi reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Farassi 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.

User Provided Content.

Farassi may, in Farassi’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Farassi through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of 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 Farassi, you grant Farassi 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 Farassi’s 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:

• You either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Farassi the license to the User Content as set forth above
• Neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Farassi’s use of the User Content as permitted herein will infringe, misappropriate or violate a Service’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Farassi in its sole discretion, whether or not such material may be protected by law. Farassi may, but shall not be obligated to, review, monitor, or remove User Content, at Farassi’s sole discretion and at any time and for any reason, without notice to you.

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 and Applications and any updates thereto. Farassi 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.

3. PAYMENT

You understand that use of the Services may result in charges to you for the services or goods you receive from a Service Provider (SP) (“Charges”). After you have received services or goods obtained through your use of the Service, Farassi will facilitate your payment of the applicable Charges on behalf of the Service Provider (SP) as such Service Provider (SP)’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 Service Provider (SP). Charges paid by you are final and non-refundable, unless otherwise determined by Farassi. You retain the right to bargain lower Charges from a Service Provider (SP) for services or goods received by you from such Service Provider (SP) at the time you receive such services or goods. Farassi will respond accordingly to any request from a Service Provider (SP) to modify the Charges for a particular service or good.

All Charges are due immediately and payment will be facilitated by Farassi using the preferred payment method designated in your Account, after which Farassi 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 Farassi may, as the Service Provider (SP)’s limited payment collection agent, use a secondary payment method in your Account, if available.

As between you and Farassi, Farassi reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Farassi’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Farassi 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. Farassi 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 Service Provider (SP) at any time prior to such Service Provider (SP)’s arrival, in which case you may be charged a cancellation fee.

This payment structure is intended to fully compensate the Service Provider (SP) for the services or goods provided. Farassi does not designate any portion of your payment as a tip to the Service Provider (SP). Any representation by Farassi (on Farassi’s website, in the Application, or in Farassi’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Farassi provides any additional amounts, beyond those described above, to the Service Provider (SP). You understand and agree that, while you are free to provide additional payment as a tip to any Service Provider (SP) who provides you with services or goods obtained through the Service, you are under no obligation to do so. Tipping is 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 Service Provider (SP).

Repair or Cleaning Fees.

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Service Provider (SP) 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 Service Provider (SP) reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Farassi in Farassi’s reasonable discretion, Farassi reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Service Provider (SP) using your payment method designated in your Account. Such amounts will be transferred by Farassi to the applicable Service Provider (SP) and are non-refundable.

4. DISCLAIMER

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FARASSI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, FARASSI MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FARASSI DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF SERVICE PROVIDER (SP)S. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.

FARASSI SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF FARASSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FARASSI SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF:

• YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES
• ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY SERVICE PROVIDER (SP), EVEN IF FARASSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FARASSI SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND FARASSI’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT SERVICE TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.

FARASSI’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH SERVICE PROVIDER (SP)S, BUT YOU AGREE THAT FARASSI HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY SERVICE PROVIDER (SP)S OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Indemnity.

You agree to indemnify and hold Farassi and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with:

• Access of Farassi Services or services or goods obtained through your use of the Services
•  Your breach or violation of any of these Terms
•  Farassi’s use of your User Content
•  Your violation of the rights of any Service, including Service Provider (SP)s.

Indemnification
YOU SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND MELCOM OR ANY MERCHANT AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, STOCKHOLDERS AND AFFILIATES (COLLECTIVELY, “INDEMNIFIED PARTIES”) FROM AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS, SUITS, DAMAGES, LIABILITIES, LOSSES, SETTLEMENTS, JUDGMENTS, COSTS AND EXPENSES, WHETHER OR NOT INVOLVING A THIRD PARTY CLAIM, WHICH ARISE OUT OF OR RELATE TO

A) ANY BREACH OF ANY REPRESENTATION OR WARRANTY CONTAINED IN THIS AGREEMENT

B) ANY ACTION OR OMISSION ARISING FROM THE PERFORMANCE OF YOUR SERVICES UNDER THIS AGREEMENT INCLUDING PERSONAL INJURY OR DEATH TO ANY PERSON, INCLUDING YOU

 C) LIABILITY FOR CIVIL OR CRIMINAL CONDUCT THAT HARMS ANOTHER PARTY

D) LIABILITY THAT OCCURS DUE TO USE OR MISUSE OF THE PLATFORM.

5. Lost Property

You understand and agree that it is your responsibility to ensure that you remove your property from the vehicle of a Service Provider (SP) when disembarking. Should you leave your property in the vehicle of a Service Provider (SP), the Service Provider (SP) may hand over your property to you, Farassi or to the Farassi local office.

Whilst you may expect Service Provider (SP)s to hand over your property to you or the offices of Farassi, Farassi shall not be held liable in the event of the Service Provider (SP) not handing over your property as expected. Moreover, Farassi or the Farassi local service entity shall not be liable for the loss or damage to your property whilst it is in transit.

Whilst Farassi or the Farassi local service entity will take reasonable steps to establish the owner of property left in a Service Provider (SP)’s vehicle if returned to the offices of Farassi or the Farassi local service entity, when your property is in Farassi’s possession, you understand and agree that:

• Farassi will only keep your property in its possession for a maximum period of three months from the date on which the Service Provider (SP) handed your property to Farassi or the Farassi local service entity
•  Should you fail to collect your property from Farassi before the expiry of the three-month period stipulated, Farassi will be entitled to deal with your property as it deems fit and you shall have no claim whatsoever against Farassi or the Farassi local service entity in respect of your unclaimed property.

6. Other Provisions

Claims of Copyright Infringement.

Claims of copyright infringement should be sent to Farassi’s designated agent. Please visit Farassi’s website www.farassi.com for the designated address and additional information.

Notice.

Farassi may give notice by means of a general notice on the Services to your email address in your Account, or by written communication sent to your address as set forth in your Account.

General.

You may not assign or transfer these Terms in whole or in part without Farassi’s written approval. You give your approval to Farassi for it to assign or transfer these Terms in whole or in part, including to:

• a subsidiary or affiliate
• an acquirer of Farassi’s equity, business or assets
• a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Farassi or any Service Provider (SP) as a result of the contract between you and Farassi or use of the Services.

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 account for 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.”

Governing Law
This Agreement shall be governed in all respects by the laws of the operating country. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the courts located in the operating country, for any matter arising out of or relating to this Agreement.

We respect your privacy and personal information in the same way we do our own. This policy describes what information we may collect from you, how it is used and who will have access to that information.

Customer Information Collected
The information we receive depends on what you do when you visit our Sites. We do not collect or retain any personal information unless you choose to provide it to us. When you visit our Site, we may collect and store non-personally identifiable information such as:

• Your geographic location and demographic data discerned by our analytics,
• Date and time you access our Site,
• Manner in which you reached our Site.

This data is used to help us broaden our reach to other potential customers.  It is only used internally unless you authorize otherwise.

Farassi Information Collected

The Farassi service may include a driver behavior monitor to determine driving patterns and behaviors while a delivery is in progress, collecting data such as speed, acceleration and deceleration, routes, and times of travel.  No data is collected during non-delivery driving.  This information can be used by Farassi to assess driving behavior to ensure safety and may be shared outside of Farassi with its insurance carriers, however no personal information will be collected or shared.

Information Disclosure
We may disclose your personal information for the following purposes:

1. To our Farassi network to provide services to you;
2. To organizations that perform services for us or on our behalf, including, without limitation, to provide customer service; process credit cards; conduct research, marketing or data processing; or to provide marketing or promotional services on our behalf, to the extent that information is necessary to provide services to us;
3. To protect the Site and our rights; to protect ourselves against liability or prevent fraudulent activity; or where it is necessary to permit us to pursue available remedies or limit any damages that we may sustain;
4. In the event of or in connection with the sale, merger, spin-off or other corporate reorganization of our corporation, where the information is provided to the new controlling entity in regular course of business;
5. If required to comply with a subpoena or warrant issued or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with the rules or court relating to the production of records; and
6. If we believe in good faith that a law, regulation, rule or guideline requires it.

Data Security
To prevent unauthorized use, maintain data accuracy and ensure the appropriate use of information, Farassi has put in place appropriate physical, electronic and administrative procedures to safeguard and secure information collected online. Your credit card data and information are not stored on our servers and use state of the art secure methods to ensure they cannot be obtained by any other parties.

Contact information
All questions and concerns about your privacy can be sent to support@farassi.com.