Terms and Conditions for GreenCarLane

1. Introduction

These Terms and Conditions ("Terms") govern your access to and use of our digital marketplace and services (collectively, the "Site") operated by GreenCarLane ("GCL," "we," "us," or "our"). Our Site provides information and comparisons about electric vehicles (EVs) for consumers in Europe, North America, Australia, and India. GreenCarLane operates within the automotive sector as a digital research service, a digital product provider, and an online advertising service for consumers, corporate employees, and/or government employees.

By accessing the Site, you agree to be bound by these Terms. If you do not agree to be bound, do not access the Site or use any products or services.

2. Services and Content

2.1. GreenCarLane does not guarantee or ensure any vehicle or any transaction between a buyer and seller, collect or process payment or transfer of title on behalf of buyers or sellers, or warehouse, store, ship or deliver any vehicles. GCL does not sell vehicles directly and is never a party to any transaction between buyers and sellers.

2.2. Businesses, organizations, and other persons pay us to show you ads for their products and services. Our products and services enable you to better navigate the automotive sector and to receive personalized content and ads that we think may be relevant to you and your interests.

2.3. Advertisers on GreenCarLane may include information about special offers, incentives, or pricing programs associated with a specific brand, model, or vehicle ("Offers"). GCL is not responsible for the content of any such Offers, nor responsible for any errors or omissions in Offer contents or descriptions.

3. User Responsibilities and Account Registration

3.1. You agree to use our Site for lawful purposes only and in accordance with these Terms.

3.2. You must be 18 years of age or older to access and use the Site's services through an account with GCL.

3.3. When you register for an account, you agree to provide accurate and complete information. You are responsible for maintaining the security of your account and password.

4. Intellectual Property

4.1. All content on this Site, including but not limited to text, graphics, logos, images, and software, is the property of GreenCarLane or its licensors and is protected by applicable intellectual property laws.

4.2. You may not reproduce, distribute, modify, or create derivative works from any content on our Site without our express written consent.

5. User-Generated Content and Forums

5.1. If our Site allows users to post reviews, comments, or other content, you retain ownership of your content but grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display such content on our Site.

5.2. You agree not to post any content that is unlawful, defamatory, abusive, obscene, or infringing on any third party's rights.

5.3. GCL takes no responsibility and assumes no liability for any content posted by you or any third party.

6. Privacy and Data Protection

6.1. Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

6.2. We comply with applicable data protection laws, including the General Data Protection Regulation (GDPR) for users in the European Union, the California Consumer Privacy Act (CCPA) for California residents, and other relevant regional data protection regulations.

7. Disclaimer of Warranties and Limitation of Liability

7.1. Information Accuracy: While we strive to provide accurate and up-to-date information, we do not warrant the accuracy, completeness, or reliability of any information on our Site. The information is provided "as is" without any warranties of any kind.

7.2. No Vehicle Sales: We do not sell vehicles directly. Our Site is for informational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any vehicle.

7.3. Limitation of Liability: To the fullest extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from: (a) your use or inability to use our Site; (b) any inaccuracies or errors in the information provided; (c) any decisions made based on the information on our Site.

8. Third-Party Links and Content

8.1. Our Site may contain links to third-party websites. We are not responsible for the content or privacy practices of these sites and encourage you to review their terms and policies.

8.2. GreenCarLane is not responsible for any third party products and services information, whether such materials are accessed directly by you or used by GCL in providing the Services.

9. Modifications to the Service

We reserve the right to modify, suspend, or discontinue any part of our Site at any time without notice.

10. Governing Law and Dispute Resolution

10.1. These Terms shall be governed by and construed in accordance with the laws of Denmark.

10.2. Any dispute arising out of or relating to these Terms shall be resolved through arbitration in accordance with the rules of the Danish Arbitration Association ("DAA"), except where prohibited by law.

11. Arbitration Agreement and Class Action Waiver

You may opt-out of this Arbitration Agreement and Class Action Waiver (“Arbitration Agreement”) by emailing GreenCarLane at legal@greencarlane.com the following information: (1) your name; (2) your address; and (3) a clear statement that you do not wish to resolve disputes with GreenCarLane through arbitration. Your decision to opt-out of this arbitration provision will have no adverse effect on your relationship with GreenCarLane, but GreenCarLane must receive this opt-out request within 30 days from the date that you first consent to these Terms. Any opt-out request received after this deadline will not be valid and you must pursue your dispute in arbitration or small claims court.

UNLESS YOU OPT-OUT OF THESE ARBITRATION PROCEDURES AS SET FORTH ABOVE AND EXCEPT AS OTHERWISE DESCRIBED HEREIN: YOU AND GCL EACH AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED BELOW, ANY AND ALL DISPUTES (AS DEFINED BELOW), WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION, RATHER THAN IN COURT, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

Arbitration
You and GreenCarLane agree to arbitrate – rather than litigate in court – any and all claims or Disputes that may arise between you and GreenCarLane. For the purpose of this Arbitration Agreement the term “GreenCarLane” means GreenCarLane and any of GreenCarLane now or future parent companies or organizations, subsidiaries, affiliates, and each of their owners, officers, directors, employees, and agents. The term “Dispute” means any claim or dispute that may arise out of or in any way relates to your relationship with GreenCarLane, including, without limitation, regarding these Terms, your use of the Services, or the GreenCarLane products or services that GreenCarLane, GreenCarLane’s affiliates, and/or GreenCarLane’s service providers (on GreenCarLane’s behalf) may provide to you in connection with your use of the Services and/or GreenCarLane’s products or services, including, without limitation, any Dispute based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability, or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced. In no event, however, will this Arbitration Agreement prevent you, in your individual capacity, from filing or joining a complaint with any federal, state, or local government agency that is authorized by law to seek relief against GreenCarLane on your behalf. The arbitration between you and GreenCarLane will be binding, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof.

Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their Disputes and potential Disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such Dispute(s) decided in a lawsuit, in court, by a judge or jury trial. This Arbitration Agreement provides that all Disputes between you and GreenCarLane shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you might otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is very limited.

The arbitrator’s authority is governed by these Terms. You and GreenCarLane agree that an arbitrator must follow and be governed by this Arbitration Agreement and may only award such relief as a court of competent jurisdiction could award, limited to the same extent as a court would limit relief pursuant to these Terms. An arbitrator may award attorneys’ fees and costs if a court would be authorized to do so and may issue injunctive or declaratory relief if that relief is required or authorized by the applicable law, but that injunctive or declaratory relief may not extend beyond you and your dealings with GreenCarLane, and may not include class or collective action relief. Discovery may be limited in arbitration, and procedures are more streamlined than in court. Notwithstanding this Arbitration Agreement, you and GreenCarLane may bring appropriate claims against each other regarding Disputes in small claims court, if the claims fall within the small claims court’s jurisdiction, or, on an individual and not class or collective action basis, before any other federal, state, or local government agency authorized by law to hear your claims. Any dispute relating in any way to GreenCarLane or its products or service shall be submitted to confidential arbitration in Copenhagen, Denmark. Arbitration under this agreement shall be conducted under the rules then prevailing of the Danish Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to the Terms, whether through class arbitration, collective action, consolidated proceedings, or otherwise.

Class Action Waiver
You and GreenCarLane agree that all Disputes between you and GreenCarLane will be arbitrated individually, and that there will be no class, representative, or consolidated actions in arbitration. If you or GreenCarLane bring a claim or Dispute in small claims court, the class action waiver will apply, and neither of the parties can bring a claim on a class or representative basis. Furthermore, neither you nor GreenCarLane may participate in a class or representative action as a class member if the class action asserts claims or Disputes that would fall within the scope of this Arbitration Agreement if they were directly asserted by you or GreenCarLane. Notwithstanding the foregoing, this Arbitration Agreement shall not prohibit you or GreenCarLane from participating solely in your individual capacity in any judgment or settlement in any litigation brought by a federal, state, or local government on behalf of you or GreenCarLane, excluding litigation brought by any party in its capacity as a private attorney general. The parties both agree that this Class Action Waiver is an essential part of our Arbitration Agreement and that, if this Class Action Waiver is found to be unenforceable by any court or arbitrator, then the entire Arbitration Agreement set forth in this section will not apply to any claim or Dispute between you and GreenCarLane. This Class Action Waiver may not be severed from this Arbitration Agreement.

Informal Dispute Resolution
You and GreenCarLane agree to try to resolve Disputes informally before resorting to arbitration. If the Dispute cannot be resolved by telephone, you agree to notify us of the Dispute by sending a written description of your claim to legal@greencarlane.com so that GreenCarLane can attempt to resolve it with you. If GreenCarLane does not satisfactorily resolve your Dispute within 30 calendar days of receiving notice of it, then you may pursue the Dispute in arbitration. Neither you nor GreenCarLane may initiate arbitration without first providing the other notice of the Dispute and following the informal Dispute resolution procedure provided in this paragraph.

Arbitration Procedures
If the Dispute is not resolved by the Informal Dispute Resolution procedure described above, then either you or GreenCarLane may initiate arbitration proceedings. All arbitrations shall be conducted by the Danish Arbitration Association (“DAA”), and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.

If there is a conflict between the DAA’s rules and this Arbitration Agreement, this Arbitration Agreement shall control. To initiate arbitration, you must send a letter requesting arbitration and describing your Dispute and any claims for relief to legal@greencarlane.com. You must also comply with the DAA’s rules regarding initiation of arbitration. GreenCarLane will pay all filing fees and costs for commencement of an arbitration, but you will be responsible for your own attorneys’ fees and costs unless otherwise determined by the arbitrator pursuant to the terms of this Arbitration Agreement or applicable law. GreenCarLane will not seek to recover GreenCarLane’s fees and costs from you in the arbitration unless your claim has been determined to be frivolous. If you are successful in the arbitration, GreenCarLane will pay your reasonable attorneys’ fees and costs. If you obtain an award from the arbitrator greater than GreenCarLane’s last written settlement offer, GreenCarLane will pay you $5,000 in addition to what you have been awarded in the arbitration. The arbitration will be held in Copenhagen, Denmark. If you seek less than $10,000, then you may choose to hold the arbitration in person, via phone, or to have it decided based on written submissions.

Arbitration Award
The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, except as limited by other provisions of these Terms, and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Severability
If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.
If you have any questions about these Terms or otherwise need to contact GreenCarLane for any reason, you can reach us at Legal Department:
legal@greencarlane.com

12. Region-Specific Provisions

12.1. European Union: If you are a consumer in the EU, you have the right to withdraw from these Terms within 14 days without giving any reason, as per the EU Consumer Rights Directive.

12.2. Australia: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms is intended to exclude, restrict, or modify rights which you may have under the Australian Consumer Law.

12.3. India: In accordance with Indian law, any dispute may also be subject to the jurisdiction of courts in India.

13. Miscellaneous

13.1. These Terms supersede all prior and contemporaneous agreements and understandings between you and GreenCarLane relating to the Site and the Services.

13.2. GreenCarLane's failure or delay in exercising any right, power, or privilege under these Terms will not waive its rights to exercise such right, power, or privilege in the future.

13.3. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

13.4 GreenCarLane reserves the right to update and periodically amend these Terms at its discretion and at any time. Your continued use of the Site and Services after any such update indicates your agreement to the same. If you do not agree to the modified terms for the Site or Services, you must discontinue your use of the Site and Services. GreenCarLane may modify, suspend, discontinue, or restrict the use of any portion of the Site and Services without notice or liability. GCL reserves the right, without notice and in its sole discretion at any time, to terminate your right to use the Site and Services, or any portion thereof, and to block or prevent your future access to and use of the Site and Services or any portion thereof.

14. Contact Information

If you have any questions about these Terms, please contact us at legal@greencarlane.com.

Last updated: August 24, 2024