As a consumer who resides in the EEA you can access the European Commission’s online dispute resolution platform here: https://ec.europa.eu/consumers/odr. Please note that Garages Near Me is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers. The European Commission’s online dispute resolution platform is not available for residents of Switzerland or the United Kingdom.
Last Updated: Jan 9, 2023
Thank you for using Garages Near Me!
These Terms of Service for European Users (“Terms”) are a binding legal agreement between you and Garages Near Me that govern your right to use the websites, applications, and other offerings from Garages Near Me (collectively, the “Garages Near Me Platform”, or “GNM Platform”). When used in these Terms, “Garages Near Me,” “GNM,” “we,” “us,” or “our” refers to the Garages Near Me entity set out on Schedule 1 with whom you are contracting.
The GNM Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book non-habitable real estate property. Members who publish and offer listings are “Providers” and Members who search for, book, or use listings are “Drivers.” Providers offer “Listings” or “Properties”. You must register an account to access and use many features of the GNM Platform, and must keep your account information accurate. As the provider of the GNM Platform, Garages Near Me does not own, control, offer or manage any Listings. Garages Near Me is not a party to the contracts entered into directly between Providers and Drivers, nor is Garages Near Me a real estate broker, or insurer. GNM is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”). To learn more about GNM’s role see Section 14.
If you are a Provider, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Provider Services.
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Table of ContentsDriver Terms1. Our Mission2. Searching and Booking on Garages Near Me2.1 Searching2.2 Booking2.3 Listing Reservations3. Withdrawals, Cancellations, Refunds3.1 Withdrawals, Cancellations and Refunds4. Your ResponsibilitiesProvider Terms5. Providing on Garages Near Me5.1 Provider5.2 Contracting with Drivers5.3 Independence of Providers6. Managing Your Listing6.1 Creating and Managing your Listing6.2 Know your Legal Obligations6.3 Your Resposibilities6.4 Providing as a Team or Organization7. Cancellations, Refunds, and Booking Modifications8. Taxes8.1 Provider Taxes8.2 Tax InformationGeneral Terms8. Content8.1 Content Licensing8.2 Content Policy8.3 Content Policy Violations Listing titlesListing pages9. Fees10. Platform Rules10.1 Rules11. Terminations, Suspension, and other Measures11.1 Terms11.2 Termination11.3 Member Violations11.4 Legal Mandates11.5 Effect of Termination11.6 Appeal12. Modification of these Terms13. Resolving Complaints and Damage Claims14. GNM’s Role15. Member Accounts16. Disclaimer17. Liability18. Indemnification19. Contracting Entities20. Applicable Law and Jurisdiction21. Miscellaneous21.1 Other Terms Incorporated by Reference21.2 Interpreting these Terms21.3 No Waiver21.4 Assignment21.5 Notice21.6 Third-Party Services21.7 Google Terms21.8 GNM Platform Content21.9 Force Majeure21.10 Emails and SMS21.11 Contact Us22. United States Dispute Resolution and Arbitration Agreement22.1 Application22.2 Overview of Dispute Resolution Process22.3 Mandatory Pre-Arbitration Dispute Resolution and Notification22.4 Agreement to Arbitrate22.5 Exceptions to Arbitration Agreement22.6 Arbitration Rules and Governing Law22.7 Modification to AAA Rules - Arbitration Hearing/Location22.8 Modification of AAA Rules - Attorney’s Fees and Costs22.9 Arbitrator’s Decision22.10 Jury Trial Waiver22.11 No Class Actions or Representative Proceedings22.12 Severability22.13 Changes to Agreement to Arbitrate22.14 SurvivalAdditional Terms Applicable to Business Users23. Business Users24. Termination, Suspension and other Measures25. Access to Data26. Additional Distribution ChannelsSchedule 1 - Contracting Entities
Our mission is to leverage geospatial expertise and top-notch online user experience to connect city-dwellers with each other and with nearby non-habitable real estate.
You can search for Listings by using criteria like the type of Listing, its geolocation, and the target vehicle type. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, customer service and cancellation history, popularity, previous contracts, Provider requirements, and more.
When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like GNM’s service fee, taxes, and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that GNM via GNM Payments may charge the Payment Method (as defined in the Payment Terms) used to book the Listing in order to collect Damage Claim (as defined in these Terms) amounts. When you receive the booking confirmation, a contract for Provider Services (a "Reservation") is formed directly between you and the Provider. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing. Be aware that some Providers work with a co-provider or as part of a team to provide their Provider Services.
A Listing Reservation is a limited license to enter, occupy and use the Property. The Provider retains the right to re-enter the Property during your use, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Provider, and (iii) consistent with applicable law. If you continue using the Property past the duration of your Reservation, the Provider has the right to make you leave and remove your Vehicle in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Vehicles.
In general, you may withdraw a reservation before it is confirmed by the Provider free of charge. Additionally, you may cancel a reservation after it has been confirmed by the Provider within 24 hours of the confirmation, free of charge.
Once a reservation becomes active, you may cancel it in accordance with the Cancellation Policy and Terminability Restrictions stipulated in the Listing description at the time of your Booking.
In general, GNM does not offer refunds and all claims must be submitted within 24 hours of the Reservation confirmation.
You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Listing. For example, this means: (i) you are responsible for leaving a Listing (and related personal property) in the condition it was in when you started using it, (ii) you are responsible for paying all Damage Claim amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to a Listing, and (iii) you must act with integrity, treat others with respect and comply with applicable laws at all times.
As a Provider, GNM offers you the right to use the GNM Platform to share your Listing or Property with our vibrant community of Drivers - and earn money doing it. It’s easy to create a Listing and you are in control of how you provide - set your price, availability, and rules for each Listing.
When you accept a booking request, or receive a booking confirmation through the GNM Platform, you are entering into a contract directly with the Driver, and are responsible for delivering the Listing under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like GNM Service Fee (and applicable taxes) for each booking. GNM Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms or conditions that you include in any supplement contract with Drivers must: (i) be consistent with these Terms and Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
Your relationship with GNM is that of an independent individual or entity and not an employee, agent, joint venturer or partner of GNM, except that GNM Payments acts as a payment collection agent as described in the Payments Terms. GNM does not direct or control your Property and you understand that you have complete discretion whether and when to provide your Property and at what price and on what terms to offer them.
The GNM Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Property, your price, other charges offline fees, and any rules or requirements that apply to your Drivers or Listing. You are responsible for your acts and omissions as well as for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Property and suggest you carefully review policy terms and conditions like coverage details and exclusions. You may only maintain one Listing per Property, but may have multiple Listings for a single property if it has multiple parking spots.
You are responsible for understanding and complying with any laws, rules, regulations and contracts with third parties that apply to your Listing. For example: Some providers and leases restrict or prohibit subletting, and/or longer-term rental agreements. Some jurisdictions require Providers to register, get a permit, or obtain a license before providing certain Provider Services (such as long-term rentals). In some places, the Provider Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Drivers who use your Property. Check your local rules to learn what rules apply to the Provider Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Drivers and others in compliance with applicable privacy laws and these Terms. If you have questions about how local laws apply you should always seek legal advice.
You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Provider Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the GNM Platform except those expressly authorized by our Offline Fee Policy. Do not encourage Drivers to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the GNM Platform in violation of our Off-Platform Policy.
If you work with a co-provider or provide as part of a team, business or other organization, the entity and each individual who participates in providing Provider Services, is responsible and liable as a Provider under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct GNM to transfer a portion of your payout to a co-provider or other Providers, or send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
You may cancel a reservation within 24 hours after the confirmation, free of charge.
Similarly as for the Driver, once a reservation becomes active, you may cancel it in accordance with the Cancellation Policy and Terminability Restrictions stipulated in the Listing description at the time of your Booking.
In general, GNM does not offer refunds and all claims must be submitted within 24 hours of the Reservation confirmation.
As a Provider, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income or other taxes ("Taxes").
In certain jurisdictions and under certain circumstances you may be exempt from tax liability, e.g. under the § 19 UStG in Austria or Germany.
In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that GNM may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Provider Services to facilitate accurate tax reporting by our Drivers and their organizations.
Where GNM pays for the creation of Content or facilitates its creation, GNM may own that Content, in which case supplemental terms or disclosures will say that.
You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant GNM the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy (8.2) and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent and illegal content.
You agree that GNM may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. GNM does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.
By posting content on GNM, you agree to abide by this policy. We reserve the right to remove any content, in whole or part, that violates this policy, our Terms of Service, or for any other reason at our sole discretion.
In the event of repeated or severe violations, we may suspend or permanently deactivate the account(s) in question.
The following content is not allowed on Garages Near Me:
- Content created solely for the purpose of advertising or other commercial content, including company logos, links, or company names
- Spam, unwanted contact, or content that is shared repeatedly in a disruptive manner
- Content that endorses or promotes illegal or harmful activity, or that is sexually explicit, violent, graphic, threatening, or harassing
- Content that is discriminatory
- Attempts to impersonate another person, account, or entity, including a representative of GNM
- Content that is illegal or that violates another person’s or entity’s rights, including intellectual property rights and privacy rights
- Content that includes another person’s private or confidential information, including content that is sufficient to identify a listing’s location
The following are policy violations specific to a type of the content:
- Listing titles that include information irrelevant to the listing type, kind, or attributes
- Listing titles that include symbols or emojis
- Listings and profiles that provide fraudulent, false, misleading, or deceptive information
GNM may charge fees (and applicable Taxes) to Providers and Drivers for the right to use the GNM Platform. Except as otherwise provided on the GNM Platform, service fees are non-refundable.
You must follow these rules and must not help or induce others to break or circumvent these rules.
- Act with integrity and treat others with respect.
- Do not lie, misrepresent something or someone, or pretend to be someone else.
- Be polite and respectful when you communicate or interact with others.
- Do not discriminate against or harass others.
- Do not scrape, hack, reverse engineer, compromise or impair the GNM Platform.
- Do not use bots, crawlers, scrapers or other automated means to access or collect data or other content from or otherwise interact with the GNM Platform.
- Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the GNM Platform or Content.
- Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the GNM Platform.
- Do not take any action that could damage or adversely affect the performance or proper functioning of the GNM Platform.
- Only use the GNM Platform as authorized by these Terms or another agreement with us.
- You may only use another Member’s personal information as necessary to facilitate a transaction using the GNM Platform as authorized by these Terms.
- Do not use the GNM Platform, our messaging tools, or Members’ personal information to send commercial messages without their express consent.
- You may use Content made available through the GNM Platform solely as necessary to enable your use of the GNM Platform as a Provider or Driver.
- Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
- Do not request, make or accept a booking or any payment outside of the GNM Platform to avoid paying fees, taxes or for any other reason. See our Offline Fee Policy for exceptions.
- Do not require or encourage Drivers to open an account or otherwise interact, with a third party website, application or service before, during or after a reservation, unless authorized by GNM.
- Do not engage in any practices that are intended to manipulate our search algorithm.
- Do not use, copy, display, mirror or frame the GNM Platform, any Content, any GNM branding, or any page layout or design without our consent.
- Honor your legal obligations.
- Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
- Read and follow our Terms.
- Do not use the name, logo, branding, or trademarks of GNM or others without permission.
- Do not use or register any domain name, social media handle, trade name, trademark, branding, logo or other source identifier that may be confused with GNM branding.
- Do not offer Provider Services that violate the laws or agreements that apply to you.
The agreement between you and GNM reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.
You may terminate this agreement at any time by sending us an email. GNM may terminate this agreement for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. GNM may also terminate this agreement immediately and without prior notice and stop providing access to the GNM Platform if (i) you materially breach these Terms or Policies, (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety or property of GNM, its Members, or third parties (for example in the case of fraudulent behavior of a Member), or (iv) your account has been inactive for more than two years.
If (i) you breach these Terms or Policies, (ii) you violate applicable laws, regulations or third party rights, (iii) GNM becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) such action is necessary to protect the personal safety or property of GNM, its Members, or third parties, Garages Near Me may:
- suspend or limit your access to or use of the GNM Platform and/or your account;
- suspend or remove Listings or other Content;
- cancel pending or confirmed bookings; or
- suspend or revoke any special status associated with your account.
In case of non-material violations or where otherwise appropriate, you will be given notice of any intended measure by GNM and an opportunity to resolve the issue, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws.
GNM may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, including the measures described above in Section 11.3.
If you are a Provider and terminate your GNM account, any confirmed booking(s) will be automatically cancelled and your Drivers will receive a full refund. If you terminate your account as a Driver, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the GNM Platform has been limited, or your GNM account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the GNM Platform through an account of another Member.
If GNM takes any of the measures described in this Section 11 you may appeal such a decision by contacting our customer service.
When we propose changes to these Terms, we will post the revised Terms on the GNM Platform and update the “Last Updated” date at the top of these Terms. We will provide you with notice of the proposed changes by email at least thirty (30) days before the date they become effective. If the proposed changes to these Terms are material, you will be asked to explicitly accept the revised Terms. Such notice will also inform you about your right to reject the proposed changes, the timeframe to do so, and your right to terminate the Agreement at any time before the effective date of the proposed changes as provided in these Terms. In case of (i) non-material changes to these Terms which do not affect its essential provisions, in particular, provisions defining the nature and scope of the services provided by GNM, or (ii) changes that are required by law, a legally binding court decision, or binding order of a competent authority, your continued use of the GNM Platform after the effective date of the proposed changes will constitute acceptance of the revised Terms.
If a Member provides valid evidence that you, your guest(s), or your pet(s) culpably damaged the complaining Member’s real or personal property, or real or personal property the complaining Member is responsible for, including consequential damages, ("Damage Claim"), the complaining Member can notify GNM and/or seek compensation through our customer service.
You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to GNM and GNM determines under consideration of any applicable statutory rules on the burden of proof that the Damage Claim is valid and you are responsible for the Damage Claim, GNM via GNM Payments can collect the amount of the Damage Claim from you.
GNM may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information GNM requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Provider Services. You may appeal a decision by GNM by contacting our customer service. Any decisions made by GNM in relation to a Damage Claim do not affect your contractual and statutory rights. Your right to take legal action before a court of law remains unaffected.
We offer you the right to use a platform that enables Members to publish, offer, search for, and book Provider Services. When Members make or accept a booking, they are entering into a contract directly with each other. Garages Near Me is not and does not become a party to or other participant in any contractual relationship between Members. GNM is not acting as an agent for any Member except for where GNM Payments acts as a collection agent as provided in the Payments Terms.
While we work hard to ensure our Members have great experiences using GNM, we do not and cannot control the conduct or performance of Drivers and Providers and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Provider Services or (ii) the truth or accuracy of any Listing descriptions or other Content provided by Members.
You acknowledge that GNM has no general obligation to monitor the use of the GNM Platform and verify information provided by our Members, but has the right to review, disable access to, remove, or edit Content to: (i) operate, secure and improve the GNM Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Member Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Where we remove or disable Content, we will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. You may appeal such a decision by contacting our customer service.
Members agree to cooperate with and assist GNM in good faith, and to provide GNM with such information and take such actions as may be reasonably requested by GNM with respect to any investigation undertaken by GNM regarding the use or abuse of the GNM Platform.
You must register an account to access and use many features of the GNM Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the GNM Platform under the laws of the Slovak Republic and any other jurisdiction GNM operates in, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify GNM if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. You are responsible and liable for activities conducted through your GNM Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Driver, Provider, Provider Service, Listing or third party and we do not warrant that verification, identity or background checks conducted on Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member being "verified" (or similar language) indicate only that the Member or GNM has completed a relevant verification or identification process and nothing else. We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the GNM Platform. GNM may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the GNM Platform or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the GNM Platform.
GNM is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. For any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents GNM’s liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of GNM in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract. Any additional liability of GNM is excluded.
To the maximum extent permitted by applicable law, you agree to release, defend (at GNM’s option), indemnify, and hold GNM (including GNM Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Policies, (ii) your improper use of the GNM Platform, (iii) your interaction with any Member, use of any Property, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
Based on your country of residence or establishment and what you are doing on the GNM Platform, Schedule 1 below sets out the GNM entity with whom you are contracting. If we identify through the GNM Platform, an GNM entity other than the one set out on Schedule 1 as being responsible for a product, feature or transaction, the GNM entity so identified is your contracting entity with respect to that product, feature or transaction. If you change your country of residence or establishment to a country outside of the EEA, Switzerland or the United Kingdom, the GNM company you contract with and the applicable version of the Terms of Service will be determined by your new country of residence or establishment, from the date on which your country of residence or establishment changes.
These Terms are governed by and construed in accordance with Slovak law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Slovak law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of GNM's place of business in Slovakia. If GNM wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Slovak courts.
Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms constitute the entire agreement between GNM and you pertaining to your access to or use of the GNM Platform and supersede any and all prior oral or written understandings or agreements between GNM and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and GNM. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 22.11 below, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
GNM’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without GNM's prior written consent. GNM may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. Your right to terminate this agreement at any time pursuant to Section 11.2 remains unaffected.
Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by GNM via email, GNM Platform notification, messaging service (including SMS), or any other contact method we enable you to provide.
The GNM Platform may contain links to third-party websites, applications, services or resources (“Third Party Services”) that are subject to different terms and privacy practices. GNM is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
Some translations on the GNM Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the GNM Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
Content made available through the GNM Platform may be protected by copyright, trademark, and/or other laws of the Slovak Republic and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of GNM and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the GNM Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, GNM grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view the Content made available on or through the GNM Platform and accessible to you, solely for your personal and non-commercial use.
GNM shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
You will receive administrative communications from us using the email address or other contact information you provide for your GNM account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an GNM Account.
If you have any questions about these Terms please email us at firstname.lastname@example.org.
This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against GNM in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 22 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
GNM is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 22 applies: (1) an informal negotiation directly with GNM’s customer service team (described in paragraph 22.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and GNM each retain the right to seek relief in small claims court as an alternative to arbitration.
At least 30 days prior to initiating an arbitration, you and GNM each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. GNM will send its notice of dispute to the email address associated with your GNM account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
You and GNM mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the GNM Platform, Provider Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and GNM agree that the arbitrator will decide that issue.
You and GNM each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the GNM Platform or Provider Services. You and GNM agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
In order to make the arbitration most convenient to you, GNM agrees that any required arbitration hearing may be conducted, at your option: (a) via phone or video conference; or (b) if all parties agree, by solely the submission of documents to the arbitrator.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, GNM will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
You and GNM acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
You and GNM acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
Except as provided in Section 22.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
If GNM changes this Section 22 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and GNM (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and GNM.
Except as provided in Section 22.12, this Section 22 will survive any termination of these Terms and will continue to apply even if you stop using the GNM Platform or terminate your GNM Account.
If you are a Business User as defined in Section 23 of these Terms, the following additional terms will apply to you:
You are a “Business User” for the purposes of these Terms if (i) your place of residence or establishment is within the EEA or the United Kingdom, (ii) you fully meet the definition of a ‘business user’ outlined in Article 2 (1) of Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services (“Platform to Business Regulation”), and (iii) you have notified GNM that you are a Business User by adding your business details to your GNM account. You are responsible for keeping your business details accurate and up to date.
In case we take any of the measures according to Section 11.2 and 11.3, you will be given the opportunity to clarify the facts and circumstances leading to such a measure in the framework of our internal complaint-handling process.
GNM operates or may operate an affiliate program through which Listings may be featured on third party websites, such as those for media outlets, loyalty programs, and search aggregators. Listings may also appear in advertisements for GNM published on third party websites from time to time.
YOUR PLACE OF RESIDENCE OR ESTABLISHMENT
European Economic Area, Switzerland or the United Kingdom
Garages Near Me s.r.o.
Pajorova 1160/1, SK-04001 Košice Slovakia