Terms of Service

For the purposes of this Terms of Service:

• Agreement means this Terms of Service Agreement that forms the entire agreement between You and the Company regarding the use of the Application.
• Application means the software program provided by the Company downloaded by You through an Application Store’s account to a Device, named CarBa
• Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the Application has been downloaded to your Device.
• Company (referred to as either “Carba”, “the Company”, “We”, “Us” or “Our” in this Agreement) refers to CARBA TECHNOLOGIES LIMITED, HK.
• Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
• Country refers to: Hong Kong SAR China
• Device means any device that can access the Application such as a computer, a cellphone or a digital tablet.
• Family Sharing / Family Group permits You to share applications downloaded through the Application Store with other family members by allowing them to view and download each others’ eligible Applications to their associated Devices.
• You  means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

The scope of services provided by the Carba platform and the basic responsibilities and obligations of the users. The specifics include the following points:

• Scope of Application: The Terms of Service apply to all services and content available on the Carba app and its social media accounts. In other words, regardless of which part of Carba’s services you use, you are required to comply with these terms.
• User Rights and Responsibilities: The terms outline the rights and responsibilities of users and mention that in certain circumstances, users may be required to download specific software or agree to additional terms.
• Pre-registration Notice: Before registering and becoming a user, the terms require you to carefully read the Terms of Service and all additional conditions to fully understand your rights and responsibilities.
• Contact Information: If you have any questions or uncertainties, the platform encourages users to contact Carba via email for assistance.

The Rights of Carba in Managing Platform Services, and Users’ Related Responsibilities and Risks:

• Terms Modification Rights: Carba reserves the right to modify the Terms of Service at any time without prior notice to users. By continuing to use the platform after the terms are modified, users are deemed to have agreed to accept the new terms. This indicates that the terms may change over time and could introduce new rules or conditions.
• Service Usage Restriction Rights: Carba has full authority to refuse, restrict, suspend, or terminate a user’s access to services at its discretion. This decision can be made without prior notice to the user and without bearing any liability.
• Account Management Rights: If Carba deems a user’s actions to pose a threat to the platform or other users, it has the right to delete the user’s account information and/or restrict, suspend, or terminate the user’s access rights. This allows the platform to safeguard itself and other users based on user behavior.
• Content Disclaimer: The Carba platform may include inaccurate, inappropriate, offensive, explicit, or other content that violates Section 5 of this agreement. The platform explicitly disclaims any responsibility or liability for such content.

1. Eligibility and Conditions

(a) Registration Requirements:

• Basic Information: When registering, you need to provide your mobile phone number, nickname, gender, age range, height, weight range, occupation, and nationality, and agree to Carba’s User Agreement. These are the necessary conditions for basic registration.

(b) Agreement to Terms:

• Using Carba’s services indicates that users agree to the platform collecting, using, and sharing their information in accordance with the Terms of Service. If the terms are modified, continued use of the services will be deemed acceptance of the revised terms.

(c) User Representations and Warranties:

When using Carba’s services, you must represent and warrant the following:

• Accuracy of Registration Information: The registration information you provide is true and accurate, and you will keep it up to date.
• Age Restriction: You are at least 18 years old and have reached the legal age of majority in your country.

If Carba believes that a user is under 18 years old or has not reached the legal age of majority in their country, the platform reserves the right to delete the user’s personal information and terminate their membership without prior notice.

• Compliance with Laws: You will not violate any applicable laws or regulations while using Carba’s services.

Types of User Information Collected, Stored, and Used by Carba During Service Provision:

(d) Collected User Information:

• Information Provided During Registration: Information provided by users when creating an account or using Carba’s services, including mobile phone number, nickname, gender, age range, height, weight range, occupation, nationality, and credit card details.
• Information Provided While Using Services: Information provided by users while using Carba’s services, including shared information and stored content, which may be accessible or viewable by other users.
• Information About You Provided by Others: Information about you provided by other users while using Carba’s services, such as content included in posts or communications involving you.
• Information Automatically Collected by Carba: Technical information automatically collected by the platform during service use, including location data, log data (technical records), and publicly available information.

(e) Location Data:

• Carba collects location information when users use the services. If users no longer wish to allow Carba to collect this information, they can delete the location data through their phone’s system interface. Once location data is denied, the services provided by Carba will be restricted.

(f) Log Data:

• Carba automatically collects “log data” generated when users use the services. This data includes technical information such as system logs, internet protocol (IP) addresses, and usage patterns. This information is necessary for providing and optimizing services.

(g) Validity and Termination of the Agreement:

• This agreement becomes effective when the user registers as a Carba member and remains valid during the membership period.
• User Termination Rights: Users may terminate their membership at any time.
• Platform Termination Rights: Carba reserves the right to terminate membership at any time without prior notice.
• Continued Validity of the Agreement: Even if membership is terminated, certain provisions of this agreement will remain effective, meaning some terms related to user information and responsibilities will still apply.

2. How User Personal Information is Handled

(a) Personal Information Will Not Be Transferred Arbitrarily:

• Unless permitted under these Terms of Service or explicitly agreed upon by the user, Carba will not transfer your personal information to any third party. This ensures that users’ personal information will not be used by external entities without authorization.

(b) Sharing with Third Parties:

• Internal and Partner Sharing: Carba may share your personal information within its group and with partners and third-party service providers. These partners include third parties responsible for performing specific services, such as:
  • Service providers for sending emails or push notifications;
  • Map service providers assisting with sharing location data;
  • Partners assisting with business analytics;
  • Advertising partners;
  • And others.
• Third-Party Data Collection: Carba may allow certain third parties to collect your personal information during the provision of services. For example, advertising partners or data analytics tools may automatically collect user data to support service operations.

(c) Purpose of Information Sharing:

The purposes for which Carba allows third-party sharing and/or collection of personal information include:

• Providing Services: The information is shared to ensure Carba can seamlessly deliver its services to users.
• Achieving Specific Goals: These partners assist Carba in fulfilling objectives outlined in the Terms of Service, such as improving user experience and analyzing data.
• Fulfilling Obligations and Enforcing Rights: Sharing information helps Carba comply with its legal obligations and safeguard its rights under the Terms of Service.
• Supporting Business Operations: For example, improving the quality of Carba’s services or optimizing business processes.

(d) Storage and Usage Locations of Information:

• Cross-Border Storage: Certain third parties may store and use your personal information outside their jurisdiction, meaning your data may be transferred to international servers.

(e) Privacy and Security Safeguards:

• Carba will make reasonable efforts to ensure that these third parties comply with Carba’s Terms of Service and operate according to Carba’s instructions.
• Carba will also require these third parties to implement appropriate confidentiality and security measures to protect user information from unauthorized access or use.

(f) Disclosure of Information Under Legal Requirements:

• You agree that Carba or its affiliates may need to retain, store, or disclose your personal information under the following circumstances:
  • Compliance with Laws or Regulations: Carba may disclose information as required to comply with applicable laws and regulations.
  • Compliance with Court Orders or Legal Procedures: Carba may disclose information in response to court orders, subpoenas, or other legal processes.
  • Response to Government or Law Enforcement Requests: Carba may respond to legitimate requests from government or law enforcement agencies, whether within your jurisdiction or elsewhere, by providing your personal information.
  • Compliance with Necessary Legal Requirements: If Carba deems it necessary to comply with relevant laws or regulations, it may disclose information even without a court order.

(g) Protection of Rights, Property, or Safety:

• Protection of Rights, Property, or Safety:
  • Enforce the Terms of Service: This means Carba may disclose your information when necessary to ensure the Terms of Service are upheld and platform rules are followed.
  • Protect Rights and Safety: If Carba believes it is necessary to protect the rights, property, or safety of itself, its affiliates, or other users, it may disclose your information.

3. Account Security

(a) Protection of Phone Number and Verification Code:

• Registration Requirement: When registering as a Carba member, you are required to use your phone number as the account registration information.
• Protection Responsibility: You are responsible for safeguarding your phone number and verification code to prevent unauthorized use or access by others.

(b) Prohibition of Account Sharing:

• Do Not Share with Others: You agree not to share your account or phone number with other members and not to disclose your verification code to any third party. This is to prevent unauthorized access to or misuse of your account.

(c) Actions Upon Detecting Abnormalities:

• Notify Carba Immediately: If you suspect that your account has been used without authorization or accessed improperly, you should notify Carba immediately by contacting them via email.

(d) Account Usage Responsibility:

• Responsibility for Account Activities: You are responsible for all activities conducted under your account, even if they occur without your authorization. This means you have an obligation to ensure the security of your account and bear responsibility for any actions performed under it.

4. Services for Personal Use Only

(a) Non-Commercial Nature of Services:

• Personal Use: The services provided by Carba are intended solely for personal use by members and are prohibited from being used for any form of commercial activity. This means activities on the platform should be conducted in a personal, non-profit manner.
• Restrictions on Commercial Activities: Any commercial actions are not allowed unless explicitly authorized or approved by Carba in advance.

(b) Unauthorized Actions:

• Strictly Prohibited Actions: The terms explicitly forbid certain unauthorized behaviors, including but not limited to:
  • Collecting usernames of other members;
  • Using unauthorized frames or links to embed Carba’s content or website into other platforms or websites.

(c) Commercial Advertising and Promotions:

• Prohibition of Commercial Promotions: Any form of commercial advertisements, affiliate links, or promotional content is not allowed. If members attempt such promotional activities on Carba, the related information may be removed without prior notice.
• Termination of Membership Privileges: Members found violating these rules by engaging in unauthorized commercial activities may have their membership privileges terminated.

(d) Legal Actions:

• Legal Actions: Carba reserves the right to take appropriate legal actions against any illegal or unauthorized use of its services to protect the platform and the legitimate rights of its members.

5. Carba Platform Content

Content Categories on Carba:

• Member Content: Content created and published by members.
• Content from Other Licensed Parties: Content provided by Carba’s partners, third parties, or other authorized entities.

All such content is protected by applicable copyright, trademark, or other legal protections, and users are prohibited from performing unauthorized actions on this content.

(a) User Content Licensing:

• Automatic Grant of License: When users publish content on or through Carba’s services, they automatically grant Carba a limited license.
• Limited License: This means the rights granted to Carba are restricted to the scope necessary for the operation of its services and do not deprive users of their ownership rights.

(b) Scope of Carba’s Use:

• Usage: Carba can use the content published by users within its services.

• Modification: Carba may make necessary modifications to the content, such as adjusting its format or size, to meet platform requirements.
• Public Performance and Display: Carba can display or present this content to other users within the services.
• Reproduction and Distribution: Carba can reproduce and distribute the content to support the normal operation of its services, such as syncing data between servers or pushing content to specific users.

The terms clearly state that these licenses are limited to use within Carba’s services or through Carba’s services. This means:

• Carba will not use users’ content for commercial purposes outside its services.
• Users retain full ownership of their content; Carba will not become the owner of the content.
• Users maintain ownership of the content they publish and can choose to delete or revoke the license at any time. Once the content is deleted, Carba’s right to use it will also terminate unless otherwise required by law or technical limitations.

(c) When publishing content, users must guarantee the following:

• Right to Grant License: Users guarantee that they own the rights to the content or have obtained the necessary authorization to legally grant Carba the right to use the content.
• No Infringement of Others’ Rights: Users guarantee that the published content does not infringe on any third party’s rights, including:
  • Privacy Rights: The content does not involve the unlawful collection or disclosure of others’ personal information.
  • Publicity Rights: The content does not harm the reputation or image of others.
  • Copyright: The content is either created by the user or legally authorized for use, and does not involve copyright infringement.
  • Contractual Rights: The content does not violate any contractual terms or agreements between the user and a third party.
  • Other Legal Rights: The content does not infringe on any other legally protected rights.
• Users agree to bear all related costs arising from the content they publish, including but not limited to:
  • Royalties: If the content involves copyrighted materials (such as music, images, etc.), users must pay the applicable royalties.
  • Fees and Payments: Users are responsible for any fees or compensation demanded by third parties for the use of the content.
• Legal Responsibility: Users are fully responsible for the content they publish, including any disputes or legal issues arising from violations, infringements, or improper use of the content.
• Relationship with Carba: Carba acts solely as a platform for content publication. Users must ensure their content is lawful and compliant. In cases of infringement, users bear full responsibility.

(d) Content Ownership:

The content on the Carba platform is created by Carba and is legally protected, including:

• Copyright: Carba holds full copyright over its content.
• Trademarks and Patents: Some content may involve trademarks or patented technologies.
• Trade Secrets and Other Laws: Carba’s content is protected by other relevant laws.

Ownership Declaration: Carba reserves all rights, and users may not claim any rights to this content.

• Limited License: Carba provides users with a limited, revocable, non-sublicensable right.
• Scope: Users are only permitted to use Carba’s services for personal use, including browsing the website and its content.
• Reproduction and Display: Users may reproduce and display Carba’s content solely for personal use, excluding any rights to use the software code.

(e) Liability for Improper Use:

• Users are fully responsible for any consequences resulting from the improper use of Carba’s content.
• Improper use includes, but is not limited to, unauthorized copying, distribution, modification, or commercial exploitation of Carba’s content.
• Revocability: Carba reserves the right to revoke the usage license if users violate the terms or engage in any improper behavior.

(f) User Obligations:

• Users may only use the content provided by Carba within the scope of the law and strictly for personal purposes.
• Users must not use the content for commercial activities or in any way that infringes upon Carba’s rights.

(g) Prohibited Actions:

Users are not permitted to perform the following actions on any content other than the content they have published:

• Copying: Unauthorized copying of content is prohibited.
• Modification and Translation: Changing the format, language, or other characteristics of the content is not allowed.
• Publishing and Broadcasting: Using the content for publication or broadcasting through any medium is prohibited.
• Transmission and Distribution: Transmitting or distributing the content to third parties is not allowed.
• Performance and Display: Public performance or display of the content is prohibited.
• Sale: Users may not resell the content for commercial purposes.

The only exception is content published by the user themselves, over which the user has full control and can act in accordance with the terms.

These restrictions aim to protect the integrity and legality of Carba’s platform content, prevent unauthorized misuse, and safeguard the rights of content creators, licensors, and Carba. Users who violate these rules may face account restrictions or termination, as well as potential legal actions.

• Prohibited Content That Harms Others or Groups:

• Promoting racism, prejudice, hatred, or inciting physical harm against any group or individual.
• Harassing or encouraging others to engage in harassment.
• Exploiting others sexually or violently.

• Illegal or Rights-Infringing Activities:
  • Violating patents or infringing other intellectual property rights.
  • Promoting false or misleading information, illegal activities, or advertising unauthorized copies of copyrighted content.
  • Promoting any criminal activities or enterprises, or providing guidance for illegal activities.
• Content Unsuitable for the Platform:
  • Including nudity, violence, or offensive themes, or links to adult websites.
  • Using sexually suggestive images or other unfair, misleading, or deceptive content to attract traffic.
  • Containing hidden or restricted-access pages or images.
• Privacy and Security Violations:
  • Soliciting personal information from individuals under 18 years old.
  • Sharing personal identification information such as phone numbers, addresses, or emails without consent.
  • Posting photos of others without their consent.
  • Soliciting passwords or personal identification information from other members for commercial or illegal purposes.

(h) Platform Actions:

Carba reserves the right to address violations, including but not limited to:

• Removal of Violating Content: The platform may delete any content that violates regulations, including but not limited to:
  • Suspected Fraud: Content suspected of containing fraudulent elements.
  • Offensive: Content that may insult or offend other users.
  • Illegal: Content that violates legal provisions.
  • Infringement of Others’ Rights: Content that infringes on privacy, copyright, reputation, or other rights.
  • Harm or Threats to Safety: Content that could cause psychological, physical, or financial harm to other users.
• Termination of Membership: Carba may terminate the membership privileges of users who violate the regulations.
• Pursuing Legal Responsibility: Carba may take legal action against violators, including filing claims or reporting to law enforcement.

The terms provide examples of violations but are not exhaustive. The platform reserves the right to identify and address other inappropriate behaviors at its discretion. These terms are designed not only to protect user safety but also to uphold the platform’s legality and compliance.

6. Prohibited Activities on the Carba Platform

(a) Criminal or Infringing Activities:

• Child Pornography: Any pornographic content or behavior involving minors.
• Fraud and Illegal Transactions: Including drug trading, gambling, and other unlawful economic activities.
• Harassment and Stalking: Engaging in intrusive or threatening behavior towards other users.
• Spam and Malicious Files: Sending irrelevant or harmful content.
• Intellectual Property Infringement: Misuse of copyrights, patents, or trade secrets.

(b) Impersonation and Improper Use:

• Impersonating Others: Users may not attempt to impersonate other users or individuals, including using someone else’s name or account information.
• Improper Account Use: Using another person’s account, username, or password is prohibited.
• Account Sharing Prohibited: Sharing your password or allowing third parties to access your account is strictly forbidden.

(c) Manipulation or Interference with Platform Design:

• Prohibition on Hiding Content: Actions such as using HTML/CSS techniques to hide or overlay banners or other page content are not allowed.
• Prohibition on Overloading: Users may not interfere with or excessively burden the platform’s network or services.

(d) Automated Actions:

• Restrictions on Automated Behavior: The use of scripts or bots to automate activities such as creating appointments, planning trips, sending invitations, matching, or messaging is strictly prohibited.

(e) Data Manipulation and Commercial Activities:

• Users may not copy or distribute Carba player code or request other users to embed it into their profiles.
• Users may not sell or transfer their personal profiles.
• Advertising or accepting payments or items from third parties to conduct commercial activities on personal profiles is prohibited.
• Conducting any commercial activity without Carba’s authorization is strictly forbidden.
• Users may not use any information obtained from the Carba platform to harass, abuse, or harm other users.

(f) Compliance with Laws and Regulations:

• Users must comply with all applicable laws and regulations while using the Carba platform. Any illegal use is strictly prohibited.

(g) Handling Measures:

For actions violating the above regulations, Carba reserves the following rights:

• Delete Violating Content: Remove any content that breaches the rules.
• Terminate Membership: Revoke the membership of violators.
• Take Legal Action: This includes filing claims or reporting to law enforcement agencies.

(h) Carba Platform Content and Activity Disclaimer:

• ontent Removal: Carba reserves the right to delete content at its discretion without being held accountable for the deletion.
• No Obligation to Monitor: Carba explicitly states it has no responsibility to actively monitor all content or activities on the platform. Users should understand that the platform does not review all submitted content in real-time, and inappropriate content may exist. While Carba is not obligated to monitor, it may choose to do so in specific situations, at its discretion, rather than as a mandatory duty.
• No Liability for Inappropriate Content: Carba is not responsible for any inappropriate content appearing on its services and does not bear legal responsibility for failing to remove such content promptly.
• No Responsibility for User Behavior: Carba is not liable for the behavior of users who post inappropriate content, and any consequences of violations are the responsibility of the users themselves.
• Role of Carba: Carba’s role is to provide a platform for social interaction, not to act as a comprehensive reviewer or regulator of all content.
• Purpose of Clause: This clause is intended to protect the platform from legal risks arising from user behavior or content.

7. Copyright

(a) Behavioral Restrictions and Consequences of Infringement:

• User Behavioral Restrictions:
  • Users are prohibited from publishing, modifying, distributing, or copying copyrighted materials, trademarks, or other proprietary information in any manner without prior written authorization from the copyright owner.
  • The lawful use of platform content is strictly limited, and users must comply with relevant copyright regulations.
• Consequences of Copyright Infringement:
  • If a user continues to infringe on the copyrights of others after receiving notice from the copyright owner, Carba will terminate the user’s membership privileges.
  • Carba enforces a zero-tolerance policy for copyright infringement.

Carba addresses copyright infringement issues based on notifications and complaints but does not conduct prior review of user content. The platform primarily handles infringement matters through reports.

(b) User Responsibilities:

• Compliant Use of Content: Users must ensure they obtain the necessary authorization before using copyrighted content.
• Liability for Infringement Risks: Users who publish or use copyrighted content without authorization are responsible for any resulting legal consequences.

8. Responsibility for Member Interactions

(a) Users Assume Responsibility:

• Carba explicitly states that members are fully responsible for all interactions they have with other members.
• Users should exercise caution in their communication and behavior with other members on the platform and handle any issues independently.
• Users are accountable for their actions and should avoid unnecessary conflicts or disputes with other members.
• Users are encouraged to maintain respect and courtesy during interactions with other members.
• In cases of illegal activities or serious infringements, users may choose to report the matter to Carba or seek legal resolution.

(b) Carba Reserves Monitoring Rights:

• Carba reserves the right to monitor disputes between members, but this is a discretionary right, not an obligation.
• The platform may intervene in specific situations, such as cases of severe violations of platform rules or laws.
• Carba explicitly states that it has no obligation to monitor disputes between members.
• Carba will not actively intervene or mediate in most conflicts between users.

This clause exempts Carba from regulatory obligations and responsibilities regarding member interactions, ensuring the platform does not bear legal risks stemming from user disputes.

9. Payment Terms

Carba offers certain services that require payment on the App (“In-App Purchase”). Users must select the desired service on the purchase page and complete the payment process. These services typically provide additional features or benefits and require users to actively choose to purchase them. If you choose to make an In-App Purchase, you acknowledge and agree that additional terms.

(a) Carba Offers In-App Purchase Paid Options Through:

• iTunes (Apple App Store)
• Google Play
• Other payment platforms authorized by Carba.

If payment is not received by us from your chosen Paid Options, you agree to promptly pay all amounts due upon demand by us.

(b) Details to Confirm When Making a Purchase:

• Type of product (e.g., membership level, one-time service use, etc.).
• Price and quantity.
• Duration of use (e.g., service term).
• Method of use.
• Automatic renewal terms (if applicable).

(c) Constraints on Purchasing Behavior:

• Once payment is completed, users are deemed to have confirmed the purchase of the service and agreed to the terms of the selected service.
• After completing the purchase, users may not request modifications or refunds unless otherwise required by law.
• This clause is intended to ensure transactional stability and prevent abuse of refund policies.
• Carba may offer some services as automatically-renewing subscriptions, e.g., a one-month subscription, or one year subscription (“CarBa membership”, “CarSi membership” , “Prince membership” , “Princess membership” , “Nobility membership” , “Royalty Copper membership” , “Royalty Silver membership” , “Royalty Gold membership”).
  • If you purchase an automatically renewing subscription, your subscription will renew at the end of the period, unless you cancel, at Carba’s then-current price for such subscriptions.
• To avoid charges for a new subscription period, you must cancel your subscription as described below before the end of the current subscription period. Deleting your account or removing the application from your device does not cancel your subscription. You will receive notice of any changes to the pricing of the Membership Services to which you have subscribed and will be given the opportunity to cancel. If Carba changes the prices and you do not cancel your subscription, you agree that you will be charged according to Carba’s then-current pricing for the subscription.

Cancelling Subscriptions: You can cancel the Subscriptions via the payment settings option in your phone setting or through the Apple App Store or Google Play Store, you will need to access your account and follow the instructions to change or cancel your subscription.

If you cancel your subscription, you may use your subscription until the end of the period you last paid for, but:

(i) you will not (except as outlined in the “Refunds” section below) be eligible for a prorated refund,

(ii) your subscription will not renew when that period expires, and

(iii) you will no longer be able to use the Membership Services or In-App Purchases enabled by your subscription.

Since our Services can be used without a subscription, canceling your subscription does not remove your profile from our Services.

(d) Legal Exceptions:

• If laws (e.g., consumer protection regulations in certain jurisdictions) provide additional rights, such as refunds or modifications, users may be entitled to those rights.
• Carba will handle such exceptions in accordance with applicable laws.

To request a refund: In addition to cancelling your subscription, eligible subscribers must actively request a refund to receive one.

If you subscribed through Google and reside outside the US, your refund will be processed by Google, not Carba. To request a refund, open the Google Play Store app, go to your order history, locate the transaction, select “Report a Problem,” and submit your refund request.

If you subscribed using your Apple ID, refunds are handled by Apple (regardless of where you live), not Carba. To request a refund, go to iTunes, click on your Apple ID, select “Purchase History,” find the transaction, and click “Report Problem.
For all other purchases: please contact  support@carba.com.hk

10. Disclaimer

(a) User-Generated Content:

• Carba is not responsible for the accuracy or correctness of any content created or posted by members, regardless of whether it is generated through devices, programs, or other means.
• Member profiles may include links to other websites. Carba is not responsible for the content, accuracy, or opinions of these websites, which are not monitored or reviewed by Carba.
• Liability Disclaimer: Accessing third-party websites is entirely at the user’s own risk, and Carba does not endorse or approve the content of such websites.

(b) Third-Party Advertisements and Their Goods or Services:

• Carba is not responsible for the content of third-party advertisements or the goods and services offered through its platform, including the accuracy of the advertisements or the quality of the goods or services.

(c) Technical Issues:

• Carba is not liable for any loss or damage caused by technical issues, including but not limited to:
  • Equipment Failure: Such as server, computer equipment, or software malfunctions.
  • System Errors: Such as network outages or communication line failures.
  • Traffic Congestion: Failures caused by high traffic on the internet or the platform.
  • Data Loss: Such as theft, deletion, or unauthorized access to or alteration of member communications.

(d) User Behavior:

• Carba is not responsible for users’ online or offline behavior, including:
  • Personal Injury or Death: Injuries or losses caused by the use of Carba’s services or participation in its organized activities.
  • Member Content: The behavior or content of any member, whether online or offline.

(e) Service Status:

• “As-Is” and “As-Available” Basis: Carba’s services are provided on an “as-is” and “as-available” basis, meaning Carba does not guarantee the functionality, effectiveness, or performance of the services.
• Warranty Disclaimer: Carba explicitly disclaims any warranties, including fitness for a particular purpose or non-infringement.
• No Guarantee of Results: Carba makes no guarantees regarding the outcomes users may achieve by using its services.

11. Scope of Liability Limitation

(a) Exclusion of Liability for Specific Damages:

• Indirect Damages: Carba is not responsible for any indirect damages, such as consequential losses resulting from the use of or interruption to the services.
• Incidental Damages: This includes damages caused by incidental events.
• Punitive or Special Damages: Carba assumes no liability for such damages, even if informed of their potential occurrence in advance.

Carba explicitly disclaims liability for loss of profits or other business losses resulting from the use of its services.

(b) Liability Cap:

• Maximum Compensation Amount: Even if Carba is deemed responsible for certain actions or events, its liability will be limited to the service fees (if any) paid by the user to Carba during their membership period.
• Zero Liability for Non-Paying Users: If the user has not paid any service fees, Carba’s liability may amount to zero.
• Applicability: This limitation applies to all types of claims for compensation (whether based on contract, tort, or other legal grounds).

(c) Third-Party Actions:

Carba is not responsible for damages caused by the actions or inactions of third parties, including but not limited to:

• Payment Service Providers: Such as credit card processors, third-party payment platforms, etc.
• Internet Access Services: Such as network providers or other internet-related services.

(d) User Advisory:

• Understanding the Terms: Users should fully understand this liability limitation, especially in cases involving significant transactions or reliance on Carba’s platform for stable services.
• Exercise Caution: When using third-party payment services or internet access, users should choose reliable service providers to reduce potential risks.

12. Indemnification Responsibility

If a user violates Carba’s terms of use—such as engaging in prohibited actions or failing to comply with platform rules—resulting in damages to Carba, direct economic losses, or claims from third parties, the user agrees to bear indemnification responsibility.

The indemnification applies to Carba’s subsidiaries, affiliates, and their respective officers, agents, partners, and employees. The compensation covers all losses, liabilities, claims, or demands, including reasonable attorney fees incurred by Carba in resolving related legal matters.

(a) User Responsibilities and Obligations:

• Self-Discipline:
  • Users must carefully adhere to Carba’s usage guidelines to avoid triggering indemnification clauses.
• Prudent Content Publication:
  • Users must ensure that content published on the platform is lawful, accurate, and does not infringe on the rights of any third party.

13. Miscellaneous

• Users must accept this agreement when using the Carba website, software, or services; actions taken after becoming a member further confirm the user’s acceptance of this agreement.
• This agreement is valid to the extent permitted by law. Even if certain provisions are deemed invalid due to local laws, the remaining terms will remain legally effective.
• Service Provider: Carba’s services are provided by CARBA TECHNOLOGIES LIMITED. Users can rely on this information to identify the service provider and its legal responsibility.
• Enforcement and Waiver of Rights: Carba’s failure to exercise or enforce any rights or provisions in the agreement shall not be interpreted as a waiver of those rights or provisions. Carba may choose to enforce them in the future.
• Severability: If any provision of the agreement is deemed illegal, invalid, or unenforceable, it shall be considered separate from the agreement. The remaining provisions shall remain fully valid and enforceable.
• Headings and Legal Effect: The headings in this agreement are for ease of reading only and have no legal or contractual effect. Users should interpret the terms based on their content, not their headings.
• Copyright and Interpretation of Terms: The copyright for these terms belongs to Carba, and no one may modify or use them without authorization. Carba reserves the right to interpret and amend these terms. Users are advised to monitor updates regularly.
• Contact Information: If users have any questions about the terms, they can contact Carba via email at support@carba.com.hk for clarification or assistance.