13. Limitations on and Exclusions of Liability

The Website and the Service are provided as-is. FriendyCar cannot be held liable for the incorrect functioning of the Website or the Service, including their lack of availability. FriendyCar has an obligation of means for the provision of the Service and the implementation of the Terms in general.

The User declares that he/she accepts the features and limitations of an online service, and in particular that he/she acknowledges:

1. That he/she is aware of the risks of services provided online, especially in terms of response time;
2. That it his/her responsibility to take all necessary measures to ensure that the technical characteristics of his/her computer and/or computer network allow him/her to access the Website and use the Service;
3. That he/she understands that he/she is solely responsible for his/her access to the Internet;
4. That it is the User’s responsibility to take the appropriate measures to protect his/her own data and/or software from infection by the viruses circulating on the Internet or by any other electronic means.

FriendyCar grants no express or implied warranties regarding the Website or the Service. The User is responsible for his/her choice to use the Service.

FriendyCar can in no case guarantee the solvency of the Users, including the Borrowers, even when the security deposit service is used.

As a business networking platform, FriendyCar does not control the User's’ identity documents or driving licenses.

The Users must check the identity of their contacts, the documents of the Car Owner’s Vehicle, and the Borrower’s driving license at the time the Vehicle is taken.

FriendyCar also does not verify the information entered by Users in their Listings and evaluations. The User is deemed to be the sole author of the content of his/her listings and evaluations, and this content is his/her sole and entire responsibility. FriendyCar may not be held liable for any false, inaccurate, inappropriate or illicit information uploaded by a User.

FriendyCar may also not be held liable for removing or rendering inaccessible any obviously illicit content uploaded by a User.

In no event, may FriendyCar be held liable for any direct or indirect damage that might be caused by the Website or any part of the Service, or by the unavailability of the Website or any part of the Service.

By express agreement between the Parties, any moral or consequential damage, any loss of profits, turnover, orders, income or clientele, any loss of data and any action against the User by a third party and the consequences resulting therefrom are considered to be indirect damage.

FriendyCar’s role is limited exclusively to the linking of Car Owners with Borrowers. FriendyCar will never lend out Vehicles via the Website or the Service. Accordingly, FriendyCar cannot be held liable for any damage suffered or caused by the Borrower or the Car Owner using a Vehicle lent via the Website.

Without prejudice to the other provisions of the Terms and in accordance with the regulations, FriendyCar may be held liable in the case of serious misconduct committed intentionally by FriendyCar, its legal representatives or its employees. Similarly, if it is proven that FriendyCar is directly responsible for endangering the lives of others. In general, FriendyCar may be held liable for violating its essential obligations to the Users due to wrongdoing on FriendyCar’s part or that of its employees or legal representatives. In the event FriendyCar is held liable for such violations, this would be limited to harm that is certain, direct and foreseeable. All other liability on FriendyCar’s part is excluded. The same exclusion applies to the personal liability of FriendyCar’s legal representatives and employees.

Moreover, FriendyCar cannot be held liable for a User’s non-compliance with local regulations such as rules relating to tourism, car borrowing or any other local regulations and laws.