Terms & Conditions for Users
“We", "Our", "Us", “Dubicars” refers to Dubicars International FZ-LLC and its subsidiaries, employees, officers, agents, affiliates or assigned parties.
"Our web site" refers to dubicars.com.
1. Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
2. Use license & restrictions
Permission is granted to temporarily download copies of the materials (information or software) on Our web site for personal, non-commercial transitory viewing only. You may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Our web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
3. Your responsibilities
We are not a car dealership and we provide a service whereby dealers may market and you may view vehicle details ("Details") together with other content hosted and developed by us. Dealers are responsible for preparing the Details and fielding enquiries directly from you. We do not get involved in any communications between you and dealers and we do not participate in any part of the transaction.
Details are hosted by us in good faith but are produced directly by dealers and have not been verified by us. You are responsible for making your own enquiries and we provide no guarantee and accept no responsibility for the accuracy or completeness of any information contained within the Details.
- You are responsible for checking, confirming and satisfying yourself as to the accuracy of any Details.
- You are responsible for instructing a surveyor and obtaining legal advice before committing to any purchase.
- You are responsible for ensuring that you act in good faith towards any other parties.
4. Limitations
In no event shall Dubicars or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Dubicars’ Internet site, even if Dubicars or a Dubicars authorized representative has been notified orally or in writing of the possibility of such damage.
5. Revisions and errata
The materials appearing on Our web site could include technical, typographical, or photographic errors. We do not warrant that any of the materials on its web site are accurate, complete, or current. Dubicars may make changes to the materials contained on its web site at any time without notice.
6. Availability of website
We strive to ensure that our website and the Services are available to you at all times but cannot guarantee that either the website or the Services will operate continuously, without interruptions or be fault free. On occasion, necessary maintenance or upgrade work requires us to make the website and the Services unavailable without notice, but we aim to keep downtime to a minimum. We accept no liability for any interruption or loss of service. We reserve the absolute right to alter, suspend or discontinue any part of our website or the Services, including your access to it.
7. Links & third parties
Our website may contain links to third party products, services and/or websites that are not affiliated with us. We have no control over the products, services or websites of these third parties and we do not guarantee or take responsibility for them. Our website may also contain advertising from third parties and we are not responsible for any misleading or inaccurate advertisements which are the sole responsibility of the advertiser. Any links or advertisements on our website should not be taken as an endorsement by us of any kind. Furthermore, our website contains data provided by third parties and we accept no responsibility for any inaccuracies in this material. You agree to release us from any claims or disputes of any kind arising from or in any way connected to such disputes with third parties.
8. Site terms of use modifications
Dubicars may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
9. Monitoring and recording telephone calls
Clients who have subscribed to our Call Tracking service have elected to have their call enquires generated through the site tracked and recorded for training and customer service assessment purposes. You consent in advance to any such recording. We need not remind you of our recording before each phone conversation.
10. Governing law
Any claim relating to Dubicars’ web site shall be governed by the laws of the UAE without regard to its conflict of law provisions.
11. Finance search
Information found on Dubicars.com is provided for illustrative purposes only, rates are subject to change based on your personal circumstances. You should always speak to a trained professional before taking out any form of finance.
Implications of non-payment: If you fail to keep up with repayments on your finance, your bank may file a report with the UAE credit rating agency which may impact your ability to borrow from UAE banks in the future.
YOUR HOME MAY BE REPOSSESSED IF YOU DO NOT KEEP UP REPAYMENTS ON A MORTGAGE, LOAN OR ANY OTHER DEBT SECURED ON IT.
12. Money Back Guarantee – Private Sellers
The money back guarantee only applies to the Platinum product to Private Car Sellers priced at 149AED (inclusive of VAT).
The full amount of 149AED “minus the administration fee of AED 5”, will be refunded to the customer if the car is not sold within 60 days from the date of payment. Provided the customer has followed Dubicars best practice guidelines listed below:
- Great pictures. So arranging our photographer as part of the package is important!
- Right pricing, as advised by your dedicated Success Agent
- Great description. Our team will help list your car.
- Accurate and complete information is your responsibility
Please note that this guarantee is ONLY applicable to the one car you uploaded in the first instance. It does not apply to changing or editing your listing to a new car. If we keep change logs and if we suspect that the car has changed to a new one without our permission or making the old one as sold, we will not refund you.
All Money Back Guarantees are subject to a maximum of 10 days claim period after the end of the 60-day listing period. No claims for a refund shall be made after.
To be eligible for a refund you need to tell us that you did not sell your car within the 60-day period in writing, via email, providing your mobile phone number and contact details to this address [email protected]. You will then be contacted by our Customer Service Team within 3 working days.
You will be liable for the accuracy of your refund claim.
You may be requested to provide evidence that you are still the legal owner of the car and that you have not sold or transferred ownership within the 60-day period.
Where you properly request a refund, the refund will be provided within 15 working days.
The refund will be sent to the same debit/credit card used when purchasing the product (AED 149 minus the administration fee of AED 5, totalling AED 144). This does not affect your statutory rights as a consumer.
We offer the money back guarantee in goodwill and fully expect our customers to take the time to provide us with the necessary feedback if claiming against the guarantee.
We reserve the right to forfeit the guarantee if we suspect any abuse of our money back guarantee offer.
Thank you for taking the time to read the terms and conditions of our money back guarantee. We hope it demonstrates our confidence in our website’s ability to sell cars fast and provides you with confidence to make a purchase.
The sale of your vehicle(s) does not have to be on Dubicars.com to count as a sale. A sale can be through other websites, private, dealer or even scrapping your vehicle. We only refund if the vehicle(s) remains legally owned by you and is not sold to another party after 60 days. For the sake of clarity and the avoidance of all doubt, if your vehicle is sold, by any means, within 60 days of posting on Dubicars.com and our associated apps, there will be no refund.
DEFINITIONS: Platinum product is the product available to Private Car Sellers only and includes a 60-day listing, 14 days’ featured listing, Photography session, Owner of the week page listing.
13. Ad Listing Guidelines for Private Sellers
13.1 Images
13.1.1. Images should be taken of the actual car, not downloaded from the internet: The images used in the advertisement must be original and taken by the user themselves. They should accurately represent the condition and appearance of the car being advertised.
13.1.2. Clear Images: Ensure that the images are clear and not blurry, as blurry images may hinder potential buyers' ability to assess the car accurately and may result in the ad not being approved.
13.1.3. Separate image uploads: Please upload the images of the car separately and avoid
13.1.4. creating collages. Each image should be uploaded individually. No logos of other companies: Please refrain from including any logos or branding of other companies in your ad unless you have obtained explicit permission.
13.2. Car Description
13.2.1. Accurate and detailed information: Provide accurate and comprehensive information about the car in your advertisement. Include details such as make, model, year, mileage, condition, features, and relevant specifications.
13.2.2.. Only one car per advertisement: Each advertisement should focus on a single car. Multiple cars per ad are not allowed.
13.2.3.. User can't change the make and model of the same advertisement: Once you have specified the make and model of the car in your ad, refrain from changing or modifying it within the same advertisement.
13.3. Content Guidelines
13.3.1. Prohibited content: Avoid including any prohibited content in your ad, such as offensive, explicit, or illegal materials. Your advertisement should adhere to our platform's content policies and community guidelines.
13.3.2. The authenticity of the car: Ensure that the car you are advertising is real and available for sale. Ads for fictional or unavailable cars will not be approved. If requested, you may be required to provide proof of ownership or availability to the moderator.
13.4. Contact information:
Provide valid and up-to-date contact information for the seller in your advertisement. Include a phone number and email address.
13.5. Location of the car:
The car being advertised must be physically located in the UAE. Ads for cars located outside the UAE will not be approved.
13.6. Moderation and Rejection
13.6.1. Moderator's discretion: Please note that the moderator reserves the right to ask for changes to the information, request additional details, or reject the advertisement if it does not meet these guidelines.
13.6.2. Refund policy: If the advertisement is rejected due to non-compliance with guidelines and the user has paid for the ad, a refund will be issued.
14. Refund Policy for Private Sellers
Refunds can be initiated upon the request of the private seller under the following conditions:
14.1. Cancellation Before Ad Goes Live: If the user requests to cancel the transaction and seeks a refund before the advertisement is approved and goes live on the website.
14.2. Non-Delivery of Leads: The user is eligible for a refund if the advertisement does not deliver leads, subject to the following conditions:
- 14.2.1. Pricing Within Market Range: The price of the car should be within or below the range suggested by our Valuation Calculator. If the car is not listed in the Valuation Calculator, current listings on the DubiCars marketplace will be used for price reference.
- 14.2.2. Ad Quality: The advertisement must feature clear images showing the car from various exterior angles and highlight the interior details. Additionally, all relevant details and specifications of the car must be fully provided in the advertisement.
- 14.2.3. Duration of Advertisement: The advertisement must have been live for more than 14 days.
- 14.2.4. Lead Threshold: If the advertisement receives fewer than 3 leads within a 14-day period.
14.3 Ad Rejection by Moderator: A refund will be initiated if the advertisement is rejected by the moderator and the user has not made any of the requested changes to the ad within 48 hours.
Terms & Conditions for Dealers
1. Definitions
- We", "Our", "Us" refers to Dubicars International FZ-LLC trading as "Dubicars" and its subsidiaries, employees, officers, agents, affiliates or assigned parties.
- "Our web site" refers to dubicars.com.
- "You", "Your" or "the Client" refers to you as the user of the Car Listing Subscription Service (the "Service")."Service" may include any of the following or a combination thereof depending on the membership package chosen:
- car listing service for uploading and managing your vehicle listings;
- photography service where Dubicars staff photograph and upload pictures of vehicles;
- content management service to manage leads and track visits;
- link integration with automatic feed from our web site to your web site;
- creation and hosting of your dealership website;
- online banner advertising and banner ad impressions that appear on our web site on a Share of Voice (SOV) and/or Cost Per ImpressionCPM) basis;
- process which facilitates having your phone call leads tracked and recorded via our "Call Tracking" product
- inclusion of your vehicles in e-mail alerts;
- website and banners design services;
- email marketing campaigns.
- The following are the standard terms and conditions ("Terms and Conditions") that apply to your use of the Service.
- Receipt of an Advertising Agreement signed by you will constitute your acceptance of the Terms and Conditions. Please read the Terms and Conditions in conjunction with the Advertising Agreement, and any other document provided to you at the time of signing the Advertising Agreement.
- All “month” references found in the Advertising Agreement, dubicars.com websites, media kits, dubicars.com branded marketing material or any other Dubicars written or verbal communications refer to a thirty (30) day period.
Your obligations
2. Your obligations
- You must:
- only advertise vehicles that are currently available for purchase within the Emirates or countries permitted by your subscription;
- within 24 hours of a sale contract being entered into for a vehicle mark that vehicle as sold on the web site;
- ensure that material you generate through use of the Service is not unlawful or for an improper purpose, including information that is defamatory, misleading or deceptive, in breach of copyright or would otherwise expose us to any liability, legal proceedings or other sanction;
- ensure that you do not make, arrange or authorize the insertion of any reference to us or our web site in any document (including promotional or merchandising material) or on any web site other than our web site without our prior written consent;
- abide by any applicable rules and regulations related to electronic truncations and commerce;
- in your use of the Service, comply with all applicable laws.
- You must ensure that:
- material submitted through the Service by you refers only to listing details of a particular vehicle;
- the listing details for a particular vehicle through the Service are only listed by you (including any associated showrooms in your dealership group) once;
- any reference to material other than listing details for a vehicle must receive our written approval prior to your submission;
- ensure that no other person, authorized or otherwise, makes use of your subscription to the Service in breach of these terms and conditions;
- not make any promotional or merchandising reference to us or our web site without our express written permission.
- You acknowledge that:
- you have read and agree to be bound by the terms of all legal notices posted on the Site;
- you represent and warrant that you are authorized to make available the material generated or submitted to make use of the Service and that you are acting under authority of the proprietors of all vehicles concerned;
- any copyrights or other intellectual property rights in the photographs of cars taken by Dubicars staff are the sole property of Dubicars and you acknowledge that you have no rights in such photographs and are not authorized to use nor to license or authorize third parties to use such photographs in any manner without explicit prior approval and authorization from Dubicars
- any such conduct is in breach of these terms and conditions;
- by using the Service, you grant us an irrevocable, world-wide, royalty free license to commercialize, copy, license to other persons, use and adapt for any purpose any material you generate or submit to make use of the Service;
- we are not under any obligation to monitor or censor the material generated by users of the Service that appears on our website, however we reserve the right to do so;
- we are not responsible for the Service's content or for any errors or omissions in any vehicle data provided by or on behalf of you;
- you are responsible for updating your listings to follow the dubicars.com image guidelines, we reserve the right to penalize any images content we deem unfitting;
- systems or technological failure may impede or prevent access to all or any part of the vehicle data;
- you are responsible for and must pay the cost of all telecommunications and Internet access charges incurred when using our website, whether or not such access has been arranged by us;
- you are responsible for the security and integrity of your data;
- transmission of data over the Internet can be subject to errors and delays;
- we will contact you from time to time to make you aware of opportunities, products and services offered by us and our business partners. You authorize us to contact you via email, SMS, MMS and other electronic media for that purpose unless you explicitly request us not to contact you via these media.
3. Agreement Term, Suspension or Termination of Service
- You may not terminate this Agreement before the end of the contracted term under any circumstances.
- Unless otherwise stated in the Advertising Agreement, this Agreement shall have a Term of twelve (12) months from the date of the start date specified in the Advertising Agreement.
- Following the expiry of the Term your Agreement will expire unless you renew this Agreement with Us.
- We may terminate this Agreement at anytime for any reason provided that seven (7) clear days' written notice has been provided to you. Should you continue to use the Service following termination of the Agreement, you shall remain liable for any and all costs incurred by you.
- Without limiting our other rights, we may immediately suspend the Service and/or temporarily remove details of any vehicle uploaded by you to our web site and/or terminate this Agreement if:
- you fail to pay any fees or charges due to us by the due date, or any postdated cheques as stipulated in the Agreement;
- you breach any part of this Agreement and fail to rectify that breach within seven (7) days of our giving notice requiring rectification;
- any material supplied by you is false or misleading;
- you enter into bankruptcy, liquidation, administration, receivership, a composition of arrangement with your creditors, or appoint a receiver or manager over all or any part of your assets or become or are deemed to become insolvent; or
- you die, or if you are in a partnership, are dissolved or an application to dissolve is filed, or if you are a company, are wound up or an application for winding up is filed.
- You acknowledge and agree that termination of this Agreement pursuant to this clause does not relieve you of your obligations and liabilities pursuant to the Agreement, including Clauses 3(g), 6, and 7, and we reserve our right to enforce such obligations and liabilities in any event.
- If this Agreement has been terminated for any reason during the term as set forth herein this Agreement, then you shall be bound to all payments due under this Agreement up to the point of termination. Liability for further payments under this Agreement shall be limited to a penalty payment in the amount of 50% of the outstanding balance at the time of the termination.
Agreement Term, Suspension or Termination of Service
You may not terminate this Agreement before the end of the contracted term under any circumstances.
4. Packages, Fees and Payment
- Full payment in advance or payment via Post Dated Checks (PDCs) issued by the relevant company account prior to the start date outlined in the Advertising Agreement, are the only acceptable forms of payment for this Agreement. The Service will not be activated until full payment has been provided whether in Cash, credit card payments, or postdated cheques or other forms of payment as stipulated by the Agreement. The client is liable for the costs incurred in this Agreement from the Contract Start Date whether or not the service is active.
- The current fees for the Service are specified in your Advertising Agreement. We offer a number of different packages that vary in terms of price and services included. You may subscribe to any of these packages but switching, or addition of special conditions to, packages is at our sole discretion. We reserve the right to amend the terms and conditions of this Agreement, including package components and fees, at any time. You will be given notice of any changes to our fees or package components.
- In the event that the Government of the United Arab Emirates elects to charge value added tax or other similar tax or duty (VAT) on the provision, sale or supply of any goods and/or services which are the subject matter of these Terms and Conditions, we reserve the right, at our sole discretion, or if required by law, to add VAT at the appropriate rate for such goods and/ or services to any invoices issued under or in connection with these Terms and Conditions from the relevant time and you acknowledge and accept that you shall pay and be solely liable for any such VAT in addition to the purchase price for such goods and services.
Packages, Fees and Payment
Full payment in advance or payment via Post Dated Checks (PDCs) issued by the relevant company account prior to the start date outlined in the Advertising Agreement, are the only acceptable forms of payment for this Agreement. The Service will not be activated until full payment has been provided whether in Cash, credit card payments, or postdated cheques or other forms of payment as stipulated by the Agreement. The client is liable for the costs incurred in this Agreement from the Contract Start Date whether or not the service is active.The current fees for the Service are specified in your Advertising Agreement. We offer a number of different packages that vary in terms of price and services included. You may subscribe to any of these packages but switching, or addition of special conditions to, packages is at our sole discretion. We reserve the right to amend the terms and conditions of this Agreement, including package components and fees, at any time. You will be given notice of any changes to our fees or package components.
Dubicars holds complete ownership of the website and domain included in your subscription service. You can use the domain as long as your subscription service with us is active; however, access will be revoked if your subscription ends. Dubicars also reserves the right to manage, transfer, or repurpose the domain name.
Refund policy
The dealer has the right to a refund under the following circumstances:
5. Refund policy
- The dealer has the right to a refund under the following circumstances:
- if a duplicate payment is received for an already paid for service, the duplicate portion of the payment will be fully refunded.
- In the cases of fraudulent or disputed transactions the Client should refer to their bank. In all instances of payments, the Client is liable for any levied charges by the bank(s).
Limitation of Liability and Indemnity
To the extent allowable under laws applicable in the United Arab Emirates we:
6. Limitation of Liability and Indemnity
- To the extent allowable under laws applicable in the United Arab Emirates we:
- exclude all conditions and warranties implied into the Agreement;
- exclude consequential, special or indirect loss or damage (included but not limited to loss of opportunity, loss of revenue and loss of profits);
- limit our liability for breach of any condition or warranty that we cannot exclude to the greater of (at our option):
- resupplying the Service; or
- paying the cost of having the Service resupplied; and
- limit our liability in respect of any other claim in connection with the Agreement whether the claim is based in contract, tort (including negligence) or statute to the amount paid to us by you under this Agreement.
- We will not be liable under this Agreement to the extent that liability is caused by:
- any breach of your obligations under this agreement; or
- any delay in performance or breach of the Agreement which arises as a result of any matter beyond our control including but not limited to viruses, other defects or failure of the server hosting our web site.
- You indemnify us and our officers, employees and agents ("those indemnified") against any direct or consequential liabilities, losses, damages, expenses and costs (including legal expenses on a solicitor and own client basis) incurred or suffered by any of those indemnified as a result of any claim or proceedings brought by a third party against those indemnified in connection with any material generated by you in connection with the Service.
General
We may change these Terms and Conditions at any time on 30 days prior written notice. You acknowledge that our publishing the amended version of the Terms and Conditions at this link on our website constitutes written notice to you of such changes.
7. General
- We may change these Terms and Conditions at any time on 30 days prior written notice. You acknowledge that our publishing the amended version of the Terms and Conditions at this link on our website constitutes written notice to you of such changes.
- No delay or failure by us to enforce any provision of this Agreement will be deemed a waiver or create a precedent or will prejudice our rights.
- Any notice(s) must be sent by e-mail or prepaid post to your or our last known address.
- You must not assign the Agreement without our written consent.
- The Agreement (together with any documents referred to in the Agreement or provided by us at the same time as the Agreement) comprises the entire agreement. It supersedes all prior understandings, agreements or representations.
- The laws of the United Arab Emirates, the Emirate of Dubai apply.
- You submit to the exclusive jurisdiction of the Courts of the Emirate of Dubai. In the case of arbitration it is subject to the rules of the Dubai International Arbitration Centre or the DIFC LCIA Arbitration Centre, as mutually agreed by the parties.
- If any term of the Agreement is or may become for any reason invalid or unenforceable at law, the validity and enforceability of the remainder will not be affected.
8. Money Back Guarantee – New Dealers
The money back guarantee only applies to new dealers buying a three-month Gold or Premium package priced at AED 1,999 or AED 2,999 respectively (inclusive of VAT).
The full amount paid “minus the administration fee of AED 50”, will be refunded to the dealer if Dubicars does not deliver at least 150 leads for the Gold package and 300 leads for the Premium package during the duration of the three-month contract. Provided the dealer has utilised the full extent of their package and followed Dubicars best practice guidelines listed below:
- Great pictures
- Right pricing, as advised by your dedicated Success Agent
- Great description. Our team will help list your car.
- Accurate and complete information is your responsibility
The Money Back Guarantee is only applicable for dealers that are new to the Dubicars platform.
All Money Back Guarantees are subject to a maximum of 10 days claim period after the end three-month contract. No claims for a refund shall be made after.
To be eligible for a refund you need to tell us that you did not receive the minimum lead volume during the period in writing, via email, providing your mobile phone number, bank details and contact details to this address [email protected]. You will then be contacted by an Account Coordinator within 3 working days.
Where you properly request a refund, the refund will be provided within 15 working days.
The refund will be sent via bank transfer to the account details provided in the email. This does not affect your statutory rights as a consumer.
We offer the money back guarantee in goodwill and fully expect our customers to take the time to provide us with the necessary feedback if claiming against the guarantee.
We reserve the right to forfeit the guarantee if we suspect any abuse of our money back guarantee offer.
Thank you for taking the time to read the terms and conditions of our money back guarantee. We hope it demonstrates our confidence in our website’s ability to sell cars fast and provides you with confidence to make a purchase.
DEFINITIONS: Platinum product is the product available to Private Car Sellers only and includes a 60-day listing, 14 days’ featured listing, Photography session, Owner of the week page listing.
Terms and Conditions for Dubicars Purchase Assist Services
Dubicars International FZ-LLC, a free zone company incorporated under the laws of Dubai Internet City Freezone with registration number [92202] and having its registered address at Shatha Tower, Office 1309, Dubai Internet City, Dubai, UAE( hereinafter referred to as "we", "us", ”Dubicars”).
The following terms and conditions shall apply to any individual who uses the Purchase Assist Services provided by Dubicars with respect to the purchase of a vehicle (hereinafter referred to as the "Buyer” or "you”) on Dubicars’ website www.dubicars.com( the "Website”).
By using Dubicars you agree to be bound by all terms and conditions contained hereinafter (the “T&C”). If you do not agree with the T&C at any time, you will discontinue your use of the Website.
Dubicars reserves the right to update or revise the T&C at its discretion and without notice. You are responsible for checking the T&C periodically for changes. If you continue to use Dubicars following the posting of any changes to the T&C, you agree to be bound by these changes. In addition, when using particular Dubicars services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the T&C. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing vehicles and/or related services that you have read about on Dubicars, you should confirm any information (including the price) that is important to your purchasing decision. Dubicars is not responsible for any hidden defects nor makes any warranty, express or implied, or endorsement regarding any vehicles being posted for sale on Dubicars or as to any of the related services that are being offered through the Website.
Dubicars reserves the right to deny use of this website to anyone who does not comply with these requirements or who otherwise uses this website in a manner that the operators of Dubicars deem inappropriate. Dubicars reserves the right, but assumes no obligation, to delete, move, or edit any listings or postings on the Website.
1. DEFINITIONS
"Acquired Vehicle" shall mean the Vehicle acquired by the Buyer upon Completion;
"Completion" means the payment of the purchase price for the chosen Vehicle, along with all necessary fees and charges, and the transfer of registration/title to the Buyer;
"Port of Destination" means the port selected by the Buyer for the delivery of the Acquired Vehicle as set out in the [Application Form];
"Purchase Assist Service" shall mean the [package selected] by the Buyer in consideration of a fee to be paid to Dubicars that includes the management fee of Dubicars as being the facilitator/intermediary between the Buyer and/or the Seller and/or the relevant Service Provider;
"Registration Data" shall mean certain personal and financial information that you are required to provide in order to complete the [Application Form] and subscribe to the Purchase Assist Services, such information can include without limitation a copy of your passport, address, telephone number and email.
"Seller" shall mean any individual or any company or any dealer who offer a vehicle for sale on the Website;
"Service Fee" means the fee payable to Dubicars for the Purchase Assist Services;
"Service Provider" shall mean third party companies engaged with Dubicars to render certain services required by the Buyer and/or the Seller, including but not limited to inspection, repair, shipping, support, etc.;
"Shipment Date" including the agreed upon shipment time, is the agreed upon delivery date offered on the Website, unless there are reasonable circumstances delaying the shipment of the Acquired Vehicle, whereby Dubicars will inform the Buyer about an updated Shipment Date;
"Vehicle" shall mean any vehicle posted on the Website by the Seller;
"Website" shall mean Dubicars’ website: www.dubicars.com;
"Working Hours" shall mean any hour between 9:00am and 6:00pm from Monday to Friday.
2. BACKGROUND
Dubicars is an online vehicle market for buyers and sellers across the Emirates and the biggest generator of export demand for the region. Dubicars is not the (legal) owner of the vehicles. Dubicars is not a car dealer or a seller, we offer Seller’s a platform to offer vehicles for sale to potential buyers and facilitate the buying and selling process between the Buyer and Seller.
As a registered and activated member, you will have the privilege to view vehicles on the Website and to benefit from the services provided by us. All vehicles are for final sale, whereby a final price will be displayed and the car purchase transaction can be completed right away.
3. PURCHASE ASSIST SERVICES
By registering on our Website, subscribing to the Purchase Assist Service and paying the Service Fee, Dubicars will assist you in the purchasing process from the time you select your Vehicle through inspection and delivery to the final Port Destination selected by you. [The Service Fee payable to Dubicars for the Purchase Assist Service is deemed earned upon receipt and shall not be refundable.]
A. Purchase of Vehicle.
Dubicars will serve as the intermediary/facilitator between you and the Seller and Dubicars will handle all communications with respect to the chosen Vehicles(s) with the Seller and relevant Service Providers to make your purchase efficient and seamless.
Dubicars is not affiliated with any Seller and does not take a position on whether you should, or should not, purchase the Vehicle. Dubicars [does not verify that the Seller is legally authorized to sell the Vehicle] and is not responsible for any representations made by the Seller. The information posted on the Website by the Seller with respect to any vehicle is the sole responsibility of the Seller. Dubicars is not involved in and does not review or verify any advertising post placed on the Website by the Seller. Dubicars disclaims all liable for any false, misleading or incorrect information posted on the Website by the Seller.
B. Inspection.
Inspection of the vehicle chosen by the Buyer shall be completed by a third-party inspection company and is only guaranteed for 14 days from the time the inspection was made. If the odometer reading changes between the date of the inspection until the date the Buyer purchases his/her vehicle, Dubicars shall not be held responsible. In the event the car is purchased after 14 days from the initial inspection; another inspection is recommended and the inspection fees for the subsequent inspection shall be payable by the Buyer prior to the inspection.
The Purchase Assist Services include the provision of inspection services for up to two (2) selected Vehicles. The inspection services shall be carried out by a Service Provider from the list of inspection Service Providers selected by Dubicars. The Service Provider shall inspect the selected Vehicle based on what the inspectors can subjectively observe. The inspection service shall not include a complete and total inspection of the Vehicle. The inspectors will not use hoists or tools to dismantle the vehicles. The inspection service is a visual inspection of all reasonably accessible items only and some problems may not be observable during the inspection, and only includes an on- site evaluation of the vehicle’s engine, tires, odometer and interior. Furthermore, the Inspection shall not include checking or verifying the history of the Vehicle (including but not limited to previous accident history, information about the previous owner(s) of the Vehicle, and jurisdictional information such as where and when the Vehicle was previously purchased, etc.). The Service Provider shall provide the Buyer with a report including the vehicle description, general conditions, specs, warranties, summary, pictures, etc. Where possible, the inspectors will test drive the vehicle, but if this is not feasible, a test drive will not be conducted. Dubicars is only facilitating the Vehicle inspection services on your behalf and is not liable for any incorrect or deficient inspection reports.
The inspection is only guaranteed for 14 days from the time the inspection was made. Because a Vehicle's condition may change between the time the inspection is conducted and the actual purchase of the Vehicle, we recommend having the inspection completed as close in time to the purchase as possible. In case the vehicle is purchased after 14 days from the initial inspection; another inspection is recommended and an additional fee shall be paid by the Buyer. Therefore, we recommend that the Buyer be careful and that he/she exercises good judgment when making any purchase through the Website.
Vehicle Remains "As Is" Because the vehicle being inspected is a "used" vehicle, you agree that, even after inspection, you will be purchasing the vehicle in an "as is" condition, unless otherwise warranted by the Seller.
The inspection report is not a substitute for any safety or other inspections that may be required by applicable laws in your jurisdiction. You acknowledge and agree that the inspection does create any warranty for any vehicle you may purchase and that your right to recover for any defects in the vehicle, whether or not disclosed in the inspection report, is limited to any warranty the Seller may offer.
C. Deposit.
If you decide to purchase the Vehicle, you shall be required to place a Deposit amount as per the agreement with the seller of the Vehicle purchase price ( the "Purchase Price") in order to reserve the Vehicle from the Seller for a period of Seven (7) days. You understand and agree that once the Deposit Payment is remitted to the Seller, the Deposit cannot, in any way, be refunded.
Dubicars, upon your request, may, but is not obliged to, negotiate the price of the Vehicle listed on the Website with the Seller.
You will have seven (7) days to complete the purchase of the Vehicle from the time your Deposit is paid to the Seller. In the event you fail to complete the purchase of the Vehicle within the proscribed time period, the Seller has no obligation to extend the completion period and shall have the right to retain your Deposit in full, without any further obligation or liability to you.
The Deposit shall be payable through our channels found on this Website, such as PayPal, Checkout, Stripe, or by Bank Transfer to the Dubicars account in the United Arab Emirates.
Dubicars shall have no obligation to remit the Deposit to the Seller until (a) you have subscribed to the Purchase Assist Services and paid the requisite fees to Dubicars and (b) Dubicars has received the Deposit in cleared funds into its account.
Once Dubicars receives the Deposit, you will be notified that the Deposit is received and Dubicars will provide you with the copy of the receipt from the Seller for the Deposit remitted to the Seller for the selected Vehicle.
D. Purchase and Transfer of Ownership.
Completion of the purchase of the Vehicle must be completed within seven (7) days from the date the Deposit is remitted to the Seller (the “Completion Period”).
Once you confirm that you would like to proceed with the purchase of the selected Vehicle, you shall be required to enter into a [vehicle purchase agreement with the Seller] based on the standard form of purchase agreement provided by the Seller. You shall be required to remit the balance of the purchase price along with the related costs and fees for the transfer of ownership and shipment of the Acquired Vehicle to the Port Destination before expiry of the Completion Period in accordance with the invoice provided by Dubicars.
As part of the Purchase Assist Services, Dubicars shall handle all processes for the transfer of ownership of the Vehicle to you [within the Completion Period], provided you have paid the Purchase Price (less the Deposit) plus all costs related to the transfer of ownership and the shipment of the Vehicle.
Dubicars shall have no obligation to complete the purchase of the Vehicle until Dubicars has received all required payments in cleared funds into its account.
Dubicars shall convey title to Buyer upon shipment of the Acquired Vehicle to Buyer. Dubicars agrees and covenants to execute all documents presented by Buyer, which are necessary to finalize transfer of title and registration (Certificate of registration, VCC, etc.) upon the Acquired Vehicle to Buyer for additional fees specified by Dubicars on the Website.
E. Vehicle Repairs.
Upon Completion of the purchase of the Vehicle and subject to your request and payment of the relevant service fees to Dubicars as set out in www.dubicars/com/export/payment, Dubicars will arrange for the repairs required to the Acquired Vehicle. The repairs will be performed by a Service Provider facilitated by Dubicars ("Repair Service Center"). The cost of the repairs shall depend on the nature of the repairs required for the Acquired Vehicle and can only be determined once the Acquired Vehicle is delivered to the Repair Service Center. The Repair Service Center will provide a quotation for the repairs ("Repair Quotation") before commencing the work. If you accept the Repair Quotation, such amount must be paid in full prior to the Repair Service Center commencing the work.
If you choose to purchase the Vehicle with the intent to avail of the repair services after Completion, there is no guarantee or warranty that once the Vehicle goes in for repair that the only repairs required are those set out in the inspection report.
The Buyer understands and agrees that he/she shall be bound by the repair Service Provider’s terms and conditions. The Buyer further understands and agrees that Dubicars is only a facilitator and is not involved in the repair works to be performed to the Acquired Vehicle as requested by the Buyer and does not warrant or guarantee the outcome of the repair services performed by any Repair Service Center approved/selected by the Buyer. Dubicars shall not be liable to the Buyer for the outcome of any repair services requested by the Buyer.
F. Shipping.
Shipping will be carried out by one of our shipping partners depending on the best price and the container or shipping method’s availability. We will use our commercially reasonable efforts to get the Acquired Vehicle shipped from UAE to the Port Destination as early as possible but Dubicars shall not be responsible or liable to the Buyer in the event of delays due to availability of container spaces, shipping liner issues, delays in receipt of funds, cancellation of container bookings by the shipping company, or any other shipping related matters. You understand and agree that Dubicars is not a shipping company and is only arranging and facilitating the shipment of your Acquired Vehicle as a service to you.
The shipping fee and any other fees and expenses (“Shipping Costs”) related to the shipment of the Acquired Vehicle shall be borne by the Buyer. Subject to receipt of payment by Dubicars of the Shipping Costs in full, Dubicars shall use its commercially reasonable efforts to arrange shipment of the Acquired Vehicle to the Port Destination as soon as possible.
You understand and agree that you shall be bound by the shipping Service Provider terms and conditions with respect to the shipment of the Acquired Vehicle.
You understand and agree that due to limited container space availability, prices may vary between the time Dubicars provides a shipping quote unit the time of the actual shipment is concluded. In this case, the revised shipping rate will apply and you agree to be responsible for all Shipping Costs, as revised, with respect to the shipment of your Acquired Vehicle.
You further understand and agree that shipping schedules may vary from week to week and while Dubicars will use its commercially reasonable efforts to arrange the shipment in accordance with your requirements, Dubicars is not responsible for any delay in shipping or changes to the shipping schedules, from time to time.
Unless otherwise agreed as a separate engagement with Dubicars, you are responsible for confirming and providing the Port Destination to Dubicars prior to Dubicars arranging the shipment of the Acquired Vehicle. You shall further be responsible for providing Dubicars with a list of all documents that you will require at the Port Destination in order for the Acquired Vehicles to clear customs to enter your jurisdiction. Dubicars shall not be responsible or liable for any missing documentation once the Acquired Vehicle has been shipped from the UAE. You shall be responsible for clearing the Acquired Vehicle at the Port Destination. You shall further be responsible for all port charges at the Port Destination as well as all requirements for registration of the Acquired Vehicle at the final jurisdiction destination.
Where separately agreed with the Buyer, Dubicars, may be engaged to assist with arranging the clearance of the Acquired Vehicle with a service provider at the Port Destination.
Delivery of Acquired Vehicle. Once Buyer’s payment has been received on Dubicars’s bank account, Dubicars shall ship the Acquired Vehicle to the Buyer’s confirmed destination.
It is the Buyer’s duty to appear at the agreed upon delivery location on the Shipment Date. Dubicars might send a pick-up code to the Buyer, which the Buyer, or anyone the Buyer has given the pick-up code to, can use to pick-up the Purchased Vehicle from the Dubicars (or from the agreed upon Shipment) location. As the Buyer is the only recipient of the pick-up code, it will authorize release of the Purchased Vehicle to anyone presenting this code to Dubicars. Dubicars will consider anyone with the pick-up code as being authorized by the Buyer to pick up the Purchased Vehicle.
G. Communications.
Dubicars will be available to assist you during Working Hours through access to our "Call Service" set out on this Website or through our "WhatsApp Service" where you can call or chat with our customer service representatives with respect to any enquiries you may have with respect to the purchase of your Vehicle and the status of the Services provided by Dubicars. You undertake and agree that these calls and chats will be recorded for quality assurance.
All communications with the Seller shall be made through Dubicars exclusively. If you contact the Seller directly to negotiate the Purchase Price or throughout any stage of the purchasing process, the Purchase Assist Services subscribed to by You shall automatically terminate and (a) the Service Fee paid by you shall be forfeited in full (you agree that you shall not be entitled to any refund) and (b) Dubicars shall have no further obligation to assist you in the purchase of the Vehicle. This is a strict policy of Dubicars in order control the transaction and to avoid any misunderstandings, hidden costs or miscommunications between the Buyer and Seller. In this case, the transaction must therefore be completed directly with the Seller, rather than through Dubicars.
4. CONCLUSION OF SERVICES
Dubicars Purchase Assist Service is concluded when the Acquired Vehicle arrives at the Port Destination, and we are not responsible for any customs clearance, declaration, or registration at the Port of Destination.
You understand and agree that if you require any additional services not mentioned above, these services shall not be considered included in the Purchase Assist Services and shall be subject to Dubicars approval and additional charges and fees. A separate agreement will be signed between you and Dubicars that will include the terms and conditions of these additional services.
5. EXCLUSIONS
For the avoidance of doubt, Our Purchase Assist Service Fees do not include the price or fees of any documentation /paperwork needed for the vehicle registration, transfer of ownership, number plates, or any repair services; such fees will be charged to the Buyer directly. In the event additional documents are required which are not included in the Services, we will assist in the issuing of the necessary documents on a case-by-case basis based on our standard fees.
6. COMPLIANCE AND REGULATORY REQUIREMENTS
BUYER IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL RULES AND REGULATIONS TO IMPORT THE ACQUIRED VEHICLE TO THE BUYER’S JURISDICTION. BUYER IS SOLELY RESPONSIBLE FOR CONFIRMING ALL REQUIREMENTS AND DOCUMENTS FOR IMPORT OF THE ACQUIRED VEHICLE. WE RECOMMEND THAT BUYER CHECKS WITH OR ENGAGES A CLEARING AGENT IN BUYER’S COUNTRY TO CONFIRM ALL DOCUMENTS REQUIRED FOR IMPORT OF IN ORDER FOR DUBICARS TO ARRANGE THE REQUIRED DOCUMENTS TO ACCOMPANY THE SHIPMENT.
DUBICARS SHALL NOT BE LIABLE IN THE EVENT THE VEHICLE CANNOT BE IMPORTED TO BUYER’S COUNTRY FOR ANY REASON.
7. FEES, PAYMENT AND DELIVERIES
A Pro-forma invoice will be drafted after the Buyer provides Dubicars with the necessary documents required including but not limited to a valid passport copy, proof of address and a signed KYC form completed with all the necessary details, as well as any government required documentation to prove the legitimacy of the origin of Buyer’s .
You understand and agree that all payments due shall be paid in the United States Dollars or in the Emirati Dirham currencies. You agree to pay all customary fees and charges for services rendered in connection with the purchase of the Acquired Vehicle; including without limitation, Purchase Assist Service, inspection fee, repair fee, repair cost, shipping fee, and any other customary fee and charges.. It is the sole responsibility of the Buyer to verify fees charged by Dubicars prior to incurring such charges. All fees and charges are subject to change without notice. Full payment for vehicles must be made within 7 days from the date of the invoice. At the Seller’s discretion, penalties may be added if the payments are not paid for within the above-specified timeframe or the vehicle shall be repossessed and released to other interested parties and your deposit shall not be refunded.
You understand and agree that you shall be responsible for all bank charges and commissions, Forex currency exchange fees/commissions or any other charges imposed by banks, financial institutions and payment service providers with respect to any payments made under this Agreement.
Dubicars, in its sole discretion, might offer other added services, which will be imposed upon purchasing the desired vehicle. It is the Buyer's responsibility to maintain and procure to Dubicars all documentation required to fulfill these services. If documentation is invalid or missing or if Buyer does not qualify for such services for any reason out of Dubicars's control, Dubicars reserves the right to retain the fees charged for such services and Buyer agrees to such retention.
8. DUBICARS CONTENT
You understand that all information, Vehicle’s information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. You understand that we do not review, alter, and amend any Content posted or transmitted through our Website. In the event any Content is modified or amended, the person from whom these amendments are made will be responsible and Dubicars shall not in any way be Youresponsible. You understand that by using the Website, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Dubicars be liable in any way for any Content, including, but not limited to, for any false, misleading, errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Website. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties. You acknowledge and understand that you are solely responsible for the retrieval and use of the Content, transactions, products or services available on or through the Website. You should apply your own judgment in making use of the Content, including, without limitation, the use of the Content as the basis for any conclusions or for the sale or purchase of any vehicles or services or other transactions.
You further understand and agree that the Content on Dubicar’s Website is protected by various copyright laws. You agree not to reproduce, republish or redistribute any Content, including, but not limited to, caching, framing and similar means, without express written permission of the copyright owner.
9. BUYER ACCOUNT
You will receive an account designation, along with its associated user ID and password, upon completing the registration process. You are responsible for maintaining the confidentiality of your user ID and password, and you are fully responsible for all activities that occur under your account. You agree to immediately notify Dubicars of any unauthorized use of your account or any other breach of security and to ensure that you exit from your account at the end of each session. Dubicars cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Furthermore, you are responsible for updating your information in an honest manner on the Website.
10. BUYING POLICIES
Dubicars is in no way responsible if a Buyer’s registration information, including ID and password is either lost, misplaced or stolen. Dubicars still reserves the right to reject or void purchases for any reason, in its sole and absolute discretion. Should a dispute arise regarding a purchase, Dubicars is the exclusive deciding authority with sole and absolute discretion in resolving disputes. The Buyer agrees to indemnify, defend, and hold the Service Provider and/or its affiliates and/or Dubicars harmless from any and all liability arising out of decisions made in resolving disputes. Dubicars may, in its sole and absolute discretion and with or without notice, postpone or cancel a sale or withdraw a Vehicle from sale. The Buyer can select their own desired date, time and location of shipping but it remains the Buyers responsibility and liability to know what are the requirements in the final destination and to be available for the vehicle delivery. Dubicars shall not be responsible for damage that is brought to the attention of Dubicars management after the Acquired Vehicle is delivered to the final destination. Buyer will have been deemed to accept delivery of the Acquired Vehicle in its present condition once the online purchase transaction is completed and the vehicle is ready for shipment.
11. CANCELATION/REFUND POLICY
WE DO NOT ACCEPT ANY CANCELLATION OR REFUND AFTER FEES/CHARGES/EXPENSES/DEPOSITS ARE PAID.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DUBICARS EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. DUBICARS MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS THAT: (i) THE SERVICES OR RESULTS DERIVED FROM THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED BY YOU THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS (VEHICLES) - INCLUDING HIDDEN DEFECTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, AND (V) ANY DEFECTS OR ERRORS WILL BE CORRECTED.
c. IF YOU RELY ON THIS SERVICE OR ANY MATERIAL OR INFORMATION AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU ALSO UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL, INFORMATION, AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE WEBSITE.
YOU FROM DUBICARS OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE T&C.
13.LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE:
a. THAT DUBICARS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DUBICARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. YOU AGREE THAT THE LIABILITY OF DUBICARS AND ITS PARENT, AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY ARISING OUT OF OR OTHERWISE RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO DUBICARS FOR USE OF THE WEBSITE OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
b. TO INDEMNIFY AND HOLD HARMLESS DUBICARS FOR ALL LOSSES OR DAMAGES INCURRED BY DUBICARS RESULTING FROM THE BUYER’S BREACH OF ITS OBLIGATIONS HEREUNDER OR DUE TO FAILURE OF THE BUYER TO REMIT ANY PAYMENTS TO THIRD PARTY SERVICE PROVIDERS ENGAGED BY DUBICARS TO PERFORM SERVICES FOR THE BUYER
14. BUYER AND SELLER CONDUCT
As a condition of your access and use of the Website and your subscription or access to any Content, you agree not to use the Website for any purpose that is unlawful or prohibited by these T&C, or any other purpose not reasonably intended by and by way of example, and not as a limitation, you agree not to:
a- Violate these T&C, other applicable agreement with Dubicars, and any applicable local, any rules and regulations having the force of law;
b- Use the Website in any manner that violates any relevant law, including but not limited to, data protection law, AML rules, or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
c- Use the Website or its Content for any purposes not authorized by these T&C, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
d-Reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Website for any commercial, or any other non-personal purpose or any purpose unrelated to your personal purchasing decisions, without the express written consent of Dubicars, which consent may be withheld by Dubicars in our sole discretion;
e- Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website;
f- Harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Dubicars, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
g- Knowingly provide or submit false or misleading information;
h- Use the Website if you are under the age of eighteen (18);
i- Attempt to gain unauthorized access to the Website, other user accounts, or other computer systems or networks connected to the Website;
j- Use the Website in any way that could interfere with the rights of Dubicars or the rights of other users of the Website;
k-Attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server used by Dubicars by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Website user;
l- Sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these T&C;
m- Transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Website;
n- Access, download, monitor, or copy any information contained on the Website through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Website.
o- Dubicars reserves all rights, without notice and in its sole discretion, to pre-screen, manage, move, remove, refuse, modify, disable or delete any content that is inappropriate, offensive, violates any third party rights or is in violation of any applicable laws.
15. RELATIONSHIP BETWEEN BUYER AND/OR SELLER AND/OR SERVICE PROVIDER
Dubicars is not and shall not, directly or indirectly, be a party to any relationship between Buyers and/ or the Seller and/ or the Service Provider. Dubicars disclaims all liability with respect to the same. Dubicars shall only be the intermediary between the Buyer, Seller and the Service Provider. In the event of any dispute between Buyer and Seller and/or Buyer and any Service Provider, Buyer agrees to take action directly against the Seller and/or relevant Service Provider. In the event of a dispute between the Buyer and the Seller and/or any Service Provider, Dubicars agrees to provide the Buyer with such relevant information with respect to the Seller and/or the relevant Service Providers which Dubicars has in its possession upon request of the Buyer.
16. GENERAL INFORMATION
The T&C constitutes the entire agreement between you and Dubicars and govern your use of the services provided on the Website, superseding any prior agreements between you and Dubicars. You also may be subject to additional terms and conditions that may apply when you use the services posted on the Website and provided by the Service Provider, Service Provider content or Service Provider software.
17. MODIFICATIONS TO SERVICE
Dubicars reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Dubicars shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
18.TERMINATION OF ACCESS
You agree Dubicars, in its sole discretion, may terminate your account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Dubicars believes that you have violated or acted inconsistently with the letter or spirit of these T&Cs. Dubicars may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of thess T&sC may be effected without prior notice, and acknowledge and agree that Dubicars may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Dubicars shall not be liable to you or any third-party for any termination of your access to the Services.
19. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. Additionally, you agree not to engage in any type of data scraping, copying including mass copying, or spidering with regards to this site.
20. OFFICE FOREIGN ASSETS CONTROL (OFAC) SANCTIONED COUNTRIES
Dubicars will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries and individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific.
21. DISPUTE RESOLUTION
The formation, interpretation, and performance of these T&C and any disputes arising out of it shall be governed by the substantive and procedural laws of the United Arab Emirates without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United Arab Emirates. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in the United Arab Emirates, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.
22.SEVERABILITY
In the event any provision of these T&C is deemed to be void, invalid, or unenforceable, that provision shall be severed from the remainder of these T&C not to cause the invalidity or unenforceability of the remainder provisions of these T&C. All remaining provisions of these T&C shall then continue in full force and effect. If any provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope and breadth permitted by law.
23. INTEGRATION
This Agreement sets forth the entire agreement between the Buyer and Dubicars with regard to the subject matter hereof. All prior agreements, representations and warranties, express or implied, oral or written, with respect to the subject matter hereof, are hereby superseded by this agreement. This is an integrated agreement, which is being updated from time to time on the Website.
24. ACKNOWLEDGEMENTS
Buyer acknowledges that he or she has had an adequate opportunity to read and study this agreement, to consider it, to consult with attorneys if he or she has so desired.
25. PRIVACY POLICY
Registration Data and certain other information about you are subject to our Privacy Policy.
If you make a payment for our products or services on the Website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
26. REPORTING AND CORRECTING VIOLATIONS
If you become aware of any violation of these T&C, you must immediately report it to [email protected]. You agree to assist us with any investigation we undertake and to take any remedial steps we require in order to correct a violation of these T&C.
Privacy Policy
1. INTRODUCTION
2. YOUR INFORMATION
- Personal Information: When you register on the Website as a customer, update your information, purchase any goods or services, take part in promotions or send emails to us, you provide us with information that we store and process. Such information may include your name, address, phone number, email address, purchase and transaction history, billing information (including credit card information), interests, and other such 'Personal Information'.
- General Information: We also receive more general information from you as a result of your visits to, and use of, the Website. This general information does not identify you personally, and can include information such as your IP address, the date and time you access the Website, length of time you spend on the Website, your browsing history (recorded by the text and graphics files that compose that page), the Internet address of the website from which you linked directly to our Website, and other such 'General Information'.
3. COLLECTING AND USING INFORMATION
4. DISCLOSURE OF PERSONAL INFORMATION
- a. selected dealerships registered with the Website or other service providers that we use, where asked to do so or it is an implicitly inherent part of your use of the Website. For example, when you use the Website to enquire about a vehicle of interest to you that is listed on the Website, we will pass your Personal Information to the dealership handling that vehicle sale or rental. Upon receipt of your Personal Information, the relevant third party is the data controller and their use of your information will be governed by their own terms of use and privacy policy; and
- b. business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
- in the event that we sell or buy any business or assets, in which case we may disclose your Personal Information to the prospective seller or buyer of such business or assets, along with its professional advisers. If Dubicars or substantially all of its assets are acquired by a third party, Personal Information held by it about its customers will be one of the transferred assets;
- if required in order to obtain professional advice;
- if we are under a duty to disclose or share your Personal Information in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or
- d. to protect the rights, property, or safety of Dubicars, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection
5. SECURITY
6. COOKIES
7. USE OF THIRD PARTY ANALYTICS AND TRACKING PIXELS
8. THIRD PARTY ADVERTISERS
The data collected and used by third party advertisers will only contain General Information and is at their sole discretion. Third party advertisers will have their own Privacy Policy’s and these will be available on their websites.
9. CONTACT
10. Valuation or comparison data terms and conditions
Exclusions and limitations of liability for valuation or comparison data use by any user All information and/or data on the Portal is provided on an "as is" basis. No representations, warranties or terms of any kind are made in respect of the Portal or the Content. The information and/or data on the Portal is provided by us and our data providers for your general information only and use and is not intended for trading purposes or to address your particular financial or other requirements. In particular, the information and/or data on the Portal: •does not constitute any form of advice (investment, tax, legal or otherwise); and • does not constitute any inducement, invitation or recommendation relating to any of the products listed or referred to in the Portal; and •is not intended to be relied upon by you in making (or refraining to make) any specific investment or other decisions.