TERMS OF SREVICE
CAKNOW Terms of Service
Last update: Sep 8th, 2017

Acceptance
CAKNOW TECHNOLOGY INC. owns and operates the website, referred herein as the (Site). CAKNOW TECHNOLOGY, and CAKNOW.COM herein referred to as CAKNOW also operates, distributes, and develops software applications herein known as Apps, which include hosted applications for mobile devices and the Web App. The Site, The Web App and the mobile apps, collectively with the referral service and booking services, data collection, storage, analysis and reporting tools, functions and services, provided at the Site and or via the Web App or mobile app. are collectively referred to as the Service. Please Read These Terms of Service Carefully as they bind You to a Contract with CAKNOW. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, THEN DO NOT REGISTAR, DOWNLOAD, OR ACCESS THE SERVICE. DOWNLOADING ANY APP, OR COMPLETING OUR SIGN-UP PROCESS. USING OR ACCESSING ALL AND/OR ANY PART OF THE SERVICE WILL CONSTITUTE ACCEPTANCE OF, AND CREATE A LEGAL AND BINDING CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY ALL, OF THESE TERMS OF SERVICE. CAKNOW may terminate, modify, or suspend the service (including without limitation, the Site or Web App or any App) in whole or in part at any time.

Updates.
CAKNOW reserves the right, at its sole discretion, to update, modify or replace the Terms of Service (including any Policy), in whole or in part, at any time. CAKNOW will use reasonable efforts to notify you of any material change in advance of the effective date of any change. Change notices may be communicated by postings at the Site, via the Apps, e-mail or otherwise. In any case, you should periodically check the Policies and other Terms of Service for changes. Continued access or use of the Service following any change to the Terms of Service constitutes your acceptance of those changes. The Terms of Service may not otherwise be amended, as they apply to you, except by a written agreement executed by you and CAKNOW.

ELEGIBILITY
The Service is intended by CAKNOW to be made available only to individuals who are at least 18 years old. However, if you are under the age of 18, you should review these terms of service with your parent or guardian to make sure that you or your parent or guardian understand the terms contained in these terms of service. By using the Service, you represent and warrant that you are 18 or older and otherwise have capacity to contract.  CAKNOW will not collect personally identifiable information from any person who is actually known to us to be under the age of 13. If we become aware that a person under 13 has provided personally identifiable information, CAKNOW will take steps to remove such information and terminate that individual’s account, access, and use of the Service. CAKNOW may refuse to offer or continue offering the Service to any person and may change its eligibility criteria from time to time.

REGISTRATION
You have to register in order to visit the Service. Once you register you will have access to certain features of the Service, such as submitting a Service Request, ’Scheduling/Booking A Service. Reviewing Quotes, and Estimates. Your account gives you access to the Service and other features and functionalities that we may establish and maintain from time to time in our sole discretion. When you register, you will be asked to provide or confirm the following information, all of which shall be subject to our Privacy Policy:  first and last name, email address, physical address, mobile number, your car’s Vehicle Identification Number (VIN), and vehicle mileage.   You represent and warrant that all of your information is true and correct, and agree to keep this account information current. Your account may not be used to request auto repair or maintenance work to be performed for another person or business entity. CAKNOW may refuse to accept your application to register for the Service, in its sole discretion. 

You are entirely responsible for maintaining the confidentiality of your password and for the confidentiality and security of your personal information sent from or stored on your mobile device.  You agree to notify CAKNOW immediately if you suspect any unauthorized access to or use of your account, access to your user name or password, or any other breach of security.  You are solely responsible for any and all use of your account and CAKNOW will not be liable for your losses caused by any unauthorized use of your account.  You agree not to use the account, username, or password of another user at any time.

The auto Service Shops, auto technicians, car rental companies, towing companies, in our network are independent contractors.  If you request to use a service provided by one or more of our network of private contractors you will be required to enter into a separate agreement with said private contractor, you understand that each such service is not controlled by CAKNOW but rather by the contractor, which CAKNOW has no control or power.  You are fully responsible for reviewing and complying with any and all agreements made between you and the independent contractor.

VEHICLE SERVICE
The Service allows for users to compare estimates, book services and appointment’s, accept estimates and pay for services rendered from Service Shops and other independent contractors. Based on your request CAKNOW will solicit estimates on your behalf from SERVICE SHOPS, that are willing to provide your requested Vehicle Services. If you elect to accept any such estimate for Vehicle Services and book an appointment with the applicable SERVICE SHOP, then you will be required to provide valid Credit Card Information (cardholder name, card number, expiration date and security code), which will be verified by CAKNOW’s (merchant bank) before your Vehicle Service is confirmed.

For clarity, all Vehicle Services are provided by the applicable SERVICE SHOP, not CAKNOW. Vehicle Services are not deemed to be within the scope of the Service offered and provided by CAKNOW and CAKNOW has no obligation or liability regarding Vehicle Services.

REPLACEMENT PARTS
You are entitled to have any replaced parts returned to you. And you agree to be responsible for the proper disposition of such parts with all applicable laws, regulations and rules.

As a result of its limited role as an intermediary between you and the Vehicle Service, CAKNOW has no control over the quality, timeliness, price, guarantees, warranties, risks or damages related to Vehicle Services. Therefore, you agree, in connection with any use of the Service resulting in the purchase and performance of Vehicle Services: (a) to release CAKNOW from any and all claims, demands, damages and liabilities, of any type and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such Vehicle Services (including any disputes arising therefrom) ;and (b) to attempt to settle any dispute directly with the applicable Vehicle Service Contractor.

REPLACEMENT PARTS
You are entitled to have any replaced parts returned to you. And you agree to be responsible for the proper disposition of such parts with all applicable laws, regulations and rules.

Fees and Payments.
Once you review and submit a Service Request, if you have not already selected your payment method, we will prompt you to (a) select to pay by credit card and enter a valid, major credit card and billing information, you acknowledge that CAKNOW reserves the right to change its fees from time to time in its sole discretion upon notice to you, subject to these Terms of Service.

Except as expressly provided otherwise in the Terms of Service, CAKNOW and each user is solely responsible for all of its costs and expenses related to the Service.

At this time, as a vehicle owner you may access and use the Service without charge. In the future, CAKNOW may decide to charge for certain Apps or other features of the Service (or to change the price charged for such Apps and features), in which case you will be notified of that change.

You are solely liable for the cost of Vehicle Services you receive. The price for Vehicle Services (including any applicable taxes) will be established by the applicable Service Shop, as set forth in the estimate you accepted (or as increased or decreased as a result of changes in the scope of Vehicle Services to which you and the Service Shop have agreed). You hereby agree that CAKNOW may immediately charge the full and final price to your credit card after the Service Shop notifies CAKNOW that the Vehicle Services have been completed. After receipt of payment from your credit card, CAKNOW will retain a service fee and pay the remainder to the Service Shop, in accordance with the arrangement between them.

Unless specified otherwise, all amounts due hereunder shall be paid in US dollars, in immediately available funds by credit card, in full without set-off, counterclaim or deduction. Any amount not paid when due shall bear a late payment charge until paid at the rate of 1.5% per month or the maximum amount permitted by law, whichever is less. If any payment is past due, CAKNOW shall have the right to take whatever action it deems appropriate (including without limitation, suspending or terminating your access and use of the Service). You agree to reimburse CAKNOW for all reasonable costs and expenses (including attorneys' fees) incurred in collecting payments.

Customer Data.
Aggregate Data. We may monitor use of the subscription service by all of our customers and use the data gathered in an aggregate and anonymous manner provided that such information does not incorporate any customer data and/or identify you.

Cancellations
Changes to or cancellations of a Service Request may be made in the App or via the Call Center at no charge.

Limitations of Liability
IN NO EVENT SHALL CAKNOW, ITS AFFILIATES, ITS SERVICE SHOPS AND EACH OF THEIR RESPECTIVE CONTRACTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) PERSONAL INJURY OR DEATH OR PROPERTY LOSS OR DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE. INTERACTIVE FEATURES OR FROM THE CONDUCT OF ANY CAKNOW EMPLOYEES, SERVICE SHOPS OR USERS OF THE SERVICE, OR INTERACTIVE FEATURES, WHETHER ONLINE OR OFFLINE, (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR OR OUR SERVICE SHOPS SECURE SERVERS AND/OR ANY AND ALL ACCESS TO, USE OF OR LOSS OR CORRUPTION OF PERSONAL INFORMATION (INCLUDING, WITHOUT LIMITATION, FINANCIAL INFORMATION) STORED THEREIN, (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (D) ANY BUGS, VIRUSES, MALWARE, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR THE SERVICE OR ANY USE OF DISABLING CODE, (F) ANY ERRORS,  INACCURACIES OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, CONVEYED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, OR INTERACTIVE FEATURES; AND (E) MAINTENANCE OR REPAIR WORK OR PARTS, WHETHER COORDINATED THROUGH THE SERVICE, INTERACTIVE FEATURES OR OTHERWISE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CAKNOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.  YOU AGREE TO RELEASE, HOLD HARMLESS AND INDEMNIFY CAKNOW FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, DAMAGES, FINES AND EXPENSES ARISING FROM YOUR ACCESS TO OR USE OF THE SERVICES OR INTERACTIVE FEATURES. 

IN NO EVENT SHALL THE LIABILITY OF CAKNOW, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS, SUCCESSORS OR ASSIGNS EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF

(A) THE FEES PAID BY YOU FOR THE SERVICE REQUEST IN WHICH THE EVENT GIVING RISE TO LIABILITY OCCURRED, IF ANY, OR

(B) US $1000. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND SHALL SURVIVE TERMINATION OF THESE TERMS OF SERVICE. 

User Data and Analytics.
The Service collects, stores, processes and analyzes User Data and produces Analytics. Accordingly, whenever you interact with the Service, a variety of technologies are employed to automatically or passively collect User Data.

The term User Data means all data and information that are provided by you during registration and subsequent use of the Service (including queries related to obtaining Vehicle Services), and all other data and information about you that are otherwise discerned or collected by CAKNOW based on your access and use of the Service. For clarity, User Data includes, but is not limited to: browser or device type; operating system; time of day; identification of the page served and preceding page views; use of particular service features or applications (such as, for example, viewing or responding to advertisements); registration data; vehicle information; geographic location.

License.
LICENSE. Provided You comply with all terms and conditions of these Terms of Service, CAKNOW grants You a revocable, limited, non-transferrable license to use the service on any iPhone or Android phone that You own or control and as permitted by Usage Rules set forth in the App Store Terms and Conditions or the Google Play Terms of Service, whichever is relevant. These Terms of Service are located at; www.apple.com/legal/internet-services/itunes/us/terms.html https;//play.google.com/about/play-terms.html

Proprietary Rights.
The Service (including the Site and Apps), and all content, materials, data and other information created by or for CAKNOW (or its affiliates, licensors or Business Partners) and made available via the Service (collectively, Content), are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and CAKNOW (and its applicable affiliates, licensors and Business Partners) shall own and retain all rights, title and interests (including all intellectual property and proprietary rights) therein and thereto. Unless and only to the extent expressly authorized by CAKNOW, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any part of the Service or Content. However, unless the Service states or implements a different restriction, you may download, reproduce or transmit a reasonable number of copies of Content for your personal, noncommercial purposes; provided, that you retain all copyright and other proprietary notices contained therein. Your systematic retrieval of data or other Content from the Service to create or compile, directly or indirectly, a collection, database or directory is strictly prohibited without CAKNOW express prior written permission.

IMPORTANT: If you desire to access or use the Service or Content for any purpose other than personal, noncommercial reference, then you must first secure permission from CAKNOW or other owner of that Content.

Reproducing, copying or distributing any App, or any Content, or any design elements from the Site or any App, for any other purpose is strictly prohibited without CAKNOW express prior written permission. Attempting to access or use the Service or Content for any purpose not expressly permitted in the Terms of Service is prohibited.

LOCATION SERVICE
The Service requires access to your location, by using your GPS signal. By using any form of the CAKNOW App, or Web App you agree to authorize CAKNOW to access your GPS signal to determine your location.

Any Questions Regarding a Scheduled Service Request or any Related Process, Functions or Features Please contact us at; info@caknow.com or by phone at 1-866-900-8900.