Welcome to CarASAP SA known under the commercial name : Husk, hereinafter privacy notice.
HUSK respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from), app or use our call centre. It tells you about your privacy rights and how the law protects you.
This privacy notice is provided in a layered format so you can click through to the specific areas set out below.
IMPORTANT INFORMATION AND WHO WE ARE
THE DATA WE COLLECT ABOUT YOU
HOW IS YOUR PERSONAL DATA COLLECTED
HOW WE USE YOUR PERSONAL DATA
DISCLOSURES OF YOUR PERSONAL DATA
YOUR LEGAL RIGHTS
Important information and who we are Purpose of this privacy notice
This privacy notice aims to give you information on how HUSK collects and processes your personal data through your use of this website and our app, including any data you may provide through either.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data. about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
HUSK is the controller and responsible for your personal data (collectively referred to as " HUSK", "we", "us" or "our" in this privacy notice).
We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.
Our full details are:
Full name of legal entity: CARASAP SA
Name of data privacy manager: Jonathan Guzy
Email address: email@example.com
Postal address: Place Eugène Flagey 18, 1050 Bruxelles, Belgique
Telephone number: +32 2 880 03 90
You have the right to make a complaint at any time to the Data Privacy Commission (“DPC”, the Belgian supervisory authority for data protection issues (https://www.privacycommission.be/). We would, however, appreciate the chance to deal with your concerns before you approach the so please contact us in the first instance.
Changes to the privacy notice and your duty to inform us of changes
This version was last updated on 16/09/2019.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
Identity Data includes first name, last name, username or similar identifier, marital status, title, date of birth and gender.
Contact Data includes billing address, delivery address, email address and telephone numbers.
Financial Data includes bank account and payment card details.
Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website and our app.
Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
Usage Data includes information about how you use our website, products and services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
How is your personal data collected?
We use different methods to collect data from and about you including through:
Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
order our or services;
request marketing to be sent to you;
enter a competition, promotion or survey; or
give us some feedback.
Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below:
Technical Data from the following parties:
analytics providers such as Google based outside the EU;
Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Checkout Ltd based in the UK, Sumup Payments Ltd based in the UK.
How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
Where we need to perform the contract we are about to enter into or have entered into with you.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Legitimate interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by firstname.lastname@example.org.
Where we need to comply with a legal or regulatory obligation.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by email@example.com.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please firstname.lastname@example.org if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Type of data
Lawful basis for processing including
basis of legitimate interest
To register you as a new
Performance of a contract with you
To process and deliver your order
(a) Performance of a contract with you
(b) Necessary for our legitimate interests
(a) Manage payments, fees and
(to recover debts due to us)
(b) Collect and recover money
owed to us
To manage our relationship with
(a) Performance of a contract with you
you which will include:
(b) Necessary to comply with a legal
(a) Notifying you about changes
(c) Necessary for our legitimate interests
(b) Asking you to leave a review
(to keep our records updated and to study
or take a survey
To enable you to partake in a
(a) Performance of a contract with you
(b) Necessary for our legitimate interests
complete a survey
products/services, to develop them and
grow our business)
To administer and protect our
(a) Necessary for our legitimate interests
administration and IT services, network
context of a business reorganisation or
and hosting of data)
group restructuring exercise)
(b) Necessary to comply with a legal
Necessary for our legitimate interests (to
you and measure or understand
products/services, to develop them, to
grow our business and to inform our
advertising we serve to you
To use data analytics to improve
Necessary for our legitimate interests (to
define types of customers for our products
audience size and usage pattern;
and services, to keep our website updated
to store information about your
and relevant, to develop our business and
preferences, and so allow us to
to inform our marketing strategy)
customise our website according
to your individual interests; to
speed up your searches; and to
recognise you when you return to
Necessary for our legitimate interests (to
develop our products/services and grow
goods or services that may be of
interest to you
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
We may permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you. We will get your express opt-in consent before we share your personal data with any other company for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by email@example.com. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please firstname.lastname@example.org.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
MailChimp : Email Marketing
Checkout : Payment Gateway
SumUp : Payment Service Provider
Aircall : VoIP Provider
HubSpot : Email Marketing and Account Management
In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If HUSK or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions and other agreements; or to protect
the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organisations, such as credit reference agencies and fraud prevention agencies, for the purposes of fraud protection and prevention, credit risk reduction and to pursue debtors.
We require any third parties which we have contracted with to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
Some of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
Where we use certain service providers, we may use contracts which give personal data the same protection it has in Europe; and
Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
Please info@HUSK.be if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances you can ask us to delete your data.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please email@example.com.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Deze algemene voorwaarden zijn in het Engels opgesteld. Indien u het Engels niet begrijpt, neemt u contact op met Husk (via firstname.lastname@example.org) alvorens de applicatie ervan te aanvaarden om een vertaling of een verklaring in het Nederlands te krijgen. Door deze algemene voorwaarden te aanvaarden, verklaart u Engels en de inhoud van deze voorwaarden te begrijpen.
Les présentes conditions générales sont établies en anglais. Si vous ne comprenez pas l’anglais, veuillez prendre contact avec Husk (via email@example.com) avant d’en accepter l’application pour recevoir une traduction ou une explication en français. En acceptant les présentes conditions générales, vous déclarez comprendre l’anglais et le contenu des présentes conditions générales.
1.1. CarASAP’s (known under the commercial name HUSK, hereinafter “HUSK”) service (the “Service”) is an online, smartphone application, and telephone platform (the “Application”) on which persons interested in professional driver services (the “Users”) are offered professional drivers services by third parties with the necessary licenses (the “Drivers”).
1.2. The Service is operated by HUSK, with offices at Place Eugène Flagey 18, 1050 Brussels, Belgium. HUSK can be contacted by e-mail at the following address: firstname.lastname@example.org.
1.4. HUSK retains the right to modify these Terms at all times by e-mail notification to the Users.
2.1. Both natural persons (over 18 years of age) and companies are entitled to subscribe to the Service.
2.2. In order to be able to use the Service, Users will be required to create a User account and to provide some personal information such as banking and/or credit card details.
2.3. The User may not disclose to others his/her user ID’s or personal passwords that give access to the Service.
2.4. In order to use all the features of the Application, Users need to be in possession of an Android or IOs operated smartphone, equipped with a GPS service. CarASAP (HUSK) does not guarantee that the Application is or will be available for any and all types of smartphones.
2.5. Subscription to the Service is free of charge. Use of the Service will be charged as per these Terms.
2.6. CarASAP (HUSK) reserves the right to refuse or cancel any subscription at its sole discretion and for any reason.
2.7. The User is entitled to close his User account at any time.
3.1. Any and all intellectual property rights (trademarks, copyrights, etc...) on the Service or a part thereof such as the Application, the contents thereof, or CarASAP (HUSK) brands and logo’s (“IP rights”) will at all times remain the exclusive property of CarASAP (HUSK).
3.2. The User is not allowed to modify or alter in any way any of CarASAP (HUSK)’s IP rights.
3.3. Any content uploaded in the Application (such as profile pictures, etc...) or otherwise transmitted to CarASAP (HUSK) will remain property of the User, who, by uploading such content, will agree to grant CarASAP (HUSK) a licence to use any IP right related with such content. The User may not input, upload, post, transmit or otherwise distribute on the Application or on any other part of the Service any copyrighted content on which the User does not own all rights, unless express written permission of the author and copyright holder has been provided in advance.
4.1. The User is entitled to use the Service only for lawful purposes and may not (attempt to) violate any local, national or international law or regulation, including but not limited to those related to copyright, trade mark, obscenity, privacy and information security.
4.2. The User may not knowingly introduce viruses or other harmful programs or files and shall exercise reasonable care to avoid doing so knowingly or unknowingly.
4.3. The User may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Application.
5.1. Some of the Users’ personal data ("Data") may be collected by CarASAP (HUSK). The data controller is CarASAP (HUSK), whose identity, address and contact details are mentioned above.
5.2. The following Data will or may be collected upon subscription to the Service: identity, personal picture, e-mail address. This Data will be processed for the purposes of operation and management of the User’s account and for the operation of the Service. The e-mail addresses may also be processed for marketing about the Services.
5.3. Geolocation Data will be collected while using the Service. These Data will be processed for the purposes of optimizing the Service rendered to the User, and, after anonymization, for statistical purposes.
5.4. Credit card Data will also be collected upon subscription to the Service and will be processed for the purpose of processing payments collected by CarASAP (HUSK).
5.5. Users are entitled to request at any time to access and rectify their Data. Users can exercise these rights through their personal User account or by contacting CarASAP (HUSK).
5.6. Users are entitled to object at any time to the processing of their Data for marketing purposes. Users can exercise this right by contacting CarASAP (HUSK).
6.1. CarASAP (HUSK) provides the Service on an "as is" basis, without express or implied warranty regarding quality, accuracy, correctness, relevance, merchantability, fitness for a particular purpose or non-infringement.
6.2. To the largest extent permitted by applicable law, CarASAP (HUSK) nor its managers, employees and other contractors give you any express or implied warranty as to the operation of the Service, including whether the Service will be available at any particular time or location, uninterrupted, free of virus, or error-free, and whether errors will be corrected;
7.1. When the User books a journey, a Driver will be allocated to the User. Save for particular arrangements as per Section 0 below, the Driver services are operated for the benefit of the User under a lease agreement which complies with all local regulations entered into between CarASAP (HUSK) and the Driver.. The User agrees to hold harmless CarASAP (HUSK) against any claim of a Driver for damage caused by the User’s negligence, fault or omission. The User agrees and acknowledges that CarASAP (HUSK) will be entitled to give effect to this guarantee by claiming an amount equivalent to the damage suffered on the User’s credit card.
7.2. Selected Users may be offered a specific premium access to the Service under which the User may be required to sign or enter into specific rental arrangements with the Drivers, as required by
local regulations. As the case may be, these Users agree to give CarASAP (HUSK) a proxy to enter into such arrangements on their behalf.
7.3. Drivers have no authority to represent or otherwise engage CarASAP (HUSK) in any way whatsoever.
8.1. Final price is defined at time of booking and provided to customer before confirming booking. Final price may be adjusted dependent of, among other factors, unexepected rerouting, exceeded free 5 minutes waiting time period (except for airport and train stations respectively 20 and 10 minutes after expected time of arrival).
8.2. The User is made aware of the fact that minimum prices will apply as per regulations.
8.3. The User will receive a confirmation e-mail, if provided, containing the price of any journey at the end of such journey.
8.4. Invoicing and collection of this price will be realised depending on the request of the User electronically or by invoice or in specific cases in the car by CarASAP (HUSK) on behalf of the Driver. Depending on the User’s account preferences, invoicing will be either periodical or per journey. The User hereby specifically agrees to this e-billing procedure.
8.5 The User is aware that Cancel Upon Arrival (COA) charges will be applied according the following rules :
If pickup takes place inside our Brussels Activity Zone (see map hereunder), then :
If pickup is located outside our Brussels Activity Zone (see map hereunder), then, depending on an ASAP or a prebook :
Brussels Activity Zone
9.1. CarASAP SA (hereafter “Husk”) shall use reasonable endeavours to deliver all parcels consigned for delivery from the defined address of pick up (hereafter “Pick Up address”) to the defined address of delivery (Hereafter the “Destination Address”) which will be identified in your HUSK parcel services booking. Any receipt obtained by HUSK regarding the delivery of goods and parcels shall be conclusive as to time, date and place of delivery.
9.2. You warrant to us that all goods and parcels consigned for delivery are adequately packed.
9.3. A driver connected to HUSK platform (Hereafter “Husk Driver”) may decline to accept or proceed with a parcel service booking where he reasonably believes that goods weigh more than 20Kg, and are of a shape or dimensions that is likely to make lifting or loading difficult, or are otherwise not within the dimensions and weight requirements defined for the relevant parcel service booking.
9.4. You should not assist a HUSK Driver to lift or load the goods and Husk is not, and you shall remain, liable for any injury or damage caused to you, the goods or any other property or person by reason of the same even where the HUSK Driver invites or agrees to such assistance.
9.5.f any bullion, precious metals, cash (coins or banknotes) precious stones, jewellery, antiques, works of art, livestock, animals, glass or part-glass items, marble, ceramics, security safes, house removals or perishable foodstuffs unless the precise nature of the Goods been notified to us, in writing at the time of making the parcel services booking and HUSK has agreed to undertake delivery thereof in writing and subject to you having arranged insurance for carriage thereof.
9.6 Should you consign prohibited goods for delivery as identified above we shall be entitled to return, destroy or otherwise dispose of such prohibited goods as we shall, in our absolute discretion, see fit and we shall have no liability to you whatsoever in respect of such prohibited goods. You agree to indemnify us in respect of all resulting costs, expenses and losses incurred by HUSK as a result of your consigning for delivery of prohibited goods.
9.7 We shall have absolute discretion in respect of any goods consigned for delivery as to the means of delivery, route and method of delivery, handling, storage and transportation thereof unless agreed otherwise in writing.
9.9 We do not insure any goods consigned for delivery. It is therefore your responsibility to ensure that all goods are appropriately insured. HUSK shall not accept any liability for any loss or damage to any goods.
9.10 Each delivery of goods shall be accompanied by a delivery note which shows the date of the delivery and any other relevant information. Upon delivery of the goods, you and/or the recipient of the goods at the Destination Address, having had a reasonable opportunity to inspect the goods, shall sign the delivery note as confirmation that the goods have been delivered and that no damage has been caused to the goods in transit. If you believe that the goods have been damaged, you must inform us without delay accompanied by a physical or electronic delivery note.
9.11 All goods shall be ready for collection at the time stipulated by you on the parcel services booking, when the parcel services booking is made.
9.12 Where neither the Pick UP Address nor Destination Address is a restricted street, we will allow an aggregate of 10 minutes for loading and unloading, based on: (i) the later of the arrival of the HUSK Driver vehicle at the collection address; or the booked time selected for collection of the goods; and (ii) the arrival time at the Destination Address.
9.13 Where all goods are not loaded at the Pick Up Address and unloaded at the Destination Address within the aggregate of 5 minutes as set out in this section, HUSK reserves the right to charge a waiting time fee, which will, for the avoidance of doubt, start after the expiry of the above mentioned aggregate of 5 minutes. The parcel services bookings waiting time fee is €0.6 per minute.
10.1. Save for gross negligence or fraud, and to the fullest extent permitted under applicable law, CarASAP (HUSK), its managers, employees and other contractors cannot be held liable for actions or omissions of the User. Insofar covered by the Driver’s insurance, the User will have no claim against CarASAP (HUSK) for any damage suffered during the performance of the Driver services.
10.2. CarASAP (HUSK)’s liability towards the User will in any case be strictly limited (i) to direct losses (excluding any consequential or immaterial damage), and (ii) to an aggregate maximum amount of 1.000 € per occurrence.
10.3. The User agrees to defend, indemnify and hold CarASAP (HUSK) and its managers, employees and other contractors harmless from and against any and all claims (including third party claims), damages and expenses, including lawyers’ fees, arising from the User’s actions or omissions.
If any part of the Terms should be found invalid or unenforceable, for any reason whatsoever, the remaining parts of the Terms shall remain valid and enforceable as if the invalid or unenforceable provision had not been included therein.
The failure of CarASAP (HUSK) to enforce any right or provision of the Terms will not be deemed a waiver of such right or provision.
These Terms are governed by and interpreted in accordance with Belgian law, and the courts of Brussels (Belgium) shall have sole and exclusive jurisdiction over any disputes relating to the Terms or the Service.