Terms & Conditions Agreement (Cars 247 User)
Last Updated: 2nd May 2019
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms mentioned herein, which establish a contractual relationship between you (User) and Cars 247 (Portal). If you do not agree to these Terms, you may not access or use the Services.
These Terms expressly supersede prior agreements or arrangements with you and Cars247. After providing notice to the user, Cars247 can immediately terminate these Terms or any Services with respect to you, or generally, cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, and are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. The supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Cars247 may amend the Terms related to the Services from time to time. Amendments will be effective upon Cars247’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms as amended.
1. THE SERVICES
1.1 The Services comprise a technology platform that enables users of Cars247’s mobile application to arrange and schedule a vehicles related service for a vehicle with independent third-party providers of such services under the agreement with Cars247 (hereinafter “3rd Party Providers”).
1.2 You hereby acknowledge that Cars247 does not provide vehicles related services and that all such vehicles related services are provided by independent 3rd Party Providers who are not employed by Cars247.
1.3 Cars247 will not trade or provide services to OFAC and sanctioned countries.
2. USE OF THE Cars247 SERVICE
2.1 USER ACCOUNT
2.1.1 In order to use most aspects of the Services, you must register for and maintain an active personal user account (the “Account”) on the Cars247 Portal app and website www.cars247.me
2.1.2 Account registration requires you to submit to Cars247 certain personal information, such as your name, email and mobile phone number.
2.1.3 You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access and use the Services.
2.1.4 You are responsible for all activities that occur under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.
2.2 USER CONDUCT
2.2.1 You may not authorise a third party to use your Account, and you may not allow persons under the age of 18 to receive vehicles related services from 3rd Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the 3rd Party Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you fail to provide proof of identity.
2.3 USER-PROVIDED CONTENT
2.3.1 Cars247 may, at its sole discretion, permit you from time to time submit, upload, publish or otherwise make available to Cars247 through the Service textual, audio, and/or visual content and information, including commentary and feedback related to the Services (“User Content”). Any User Content provided by you remains your property. You represent and warrant that: (i) you are the sole and exclusive owner of all User Content; and (ii) the User Content nor your submission, uploading, publishing or otherwise making available of such User Content will infringe, or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
2.3.2 You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Cars247 in its sole discretion, whether or not such material is protected by law. Cars247 may, but shall not be obligated to, review, monitor, or remove User Content, at its sole discretion and at any time and for any reason, without notice to you.
3.1 You understand that use of the Services may result in charges to you for the services or goods you receive from a 3rd Party Provider (“Charges”). After you have received services or goods obtained through your use of the Service, Cars247 will facilitate your payment of the applicable Charges on behalf of the 3rd Party Provider in its capacity as a limited payment collection agent. Payment of the Charges in such manner shall be considered the same as a payment made directly by you to the 3rd Party Provider.
3.2 Charges will be inclusive of applicable taxes where required by law. Charges paid by you on the portal are final and non-refundable unless otherwise determined by Cars247.
3.3 All Charges are due immediately and payment will be facilitated by Cars247 using the preferred payment method designated in your Account, after which Cars247 will send you a receipt by email/app. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Cars247 may, as the 3rd Party Provider’s limited payment collection agent, accept a request from you for payment through cash. Any payment through cash must be agreed in advance with Cars247 and the 3rd Party Provider.
3.4 The Cars247 service supports both Visa and MasterCard debit and credit cards and deductions will be made in the United Arab Emirates Dirham (AED). Cardholders must retain a copy of their transaction records and the Cars247 User T&C.
3.5 As between you and Cars247, Cars247 reserves the right, and at its sole discretion, to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services. Cars247 will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.
3.6 This payment structure is intended to fully compensate the 3rd Party Provider for the services or goods provided. You understand and agree that, while you are free to provide additional payment as a gratuity to any 3rd Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.
3.7 After using the services purchased through the app you may engage with 3rd party service provider for additional services (extra service/products) i.e not purchased the app, Cars 247 is not responsible for the quality, timing and type of the extra service provided by the 3rd party service provider.
3.8 After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your 3rd Party Provider. You shall provide your ratings and feedback in good faith and the use of derogatory terms or expletives is strictly forbidden.
4. CANCELLATION POLICY
Customers can cancel their requested services any time of requesting any vehicles related service. Cars247 have the rights to cancel/ reschedule the service in case of unavailability, without the permission of the customer and without informing any third party service providers. The user can cancel via the Cars247 application; (ii) if the driver has accepted the service, then the requested services can be cancelled only by contacting the call centre and confirming their need to cancel or otherwise.
5.1 Cars247 is committed to your privacy. This privacy notice explains our collection, use, disclosure, retention, and protection of your personal information.
5.2 Credit/debit card details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties;
5.3 Cars247 will not pass any debit/credit card details to third parties; unless to a government authorized payment gateway.
5.4 Cars247 takes appropriate steps to ensure data privacy and security including through various hardware and software methodologies. However, Cars247 (www.cars247.me) cannot guarantee the security of any information that is disclosed by the users on the internet.
5.5 Cars247 is not responsible for the privacy policies of websites to which it links in respect of the services provided. If you provide any information to such third parties different rules regarding the collection and use of your personal information may apply. You should contact these entities directly if you have any questions about their use of the information that they collect.
5.6 Website/app Policies and Terms & Conditions may be changed or updated occasionally to meet the requirements and standards. Therefore, the Customers’ are encouraged to frequently visit these sections to be updated about the changes on the website/app. Modifications will be effective on the day they are posted.
6. RESTRICTIONS ON SERVICE
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services; (iii) decompile, reverse engineer or disassemble the Services; (iv) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services.
The Services and all rights therein are and shall remain the property of Cars247. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Cars247’s company name, logos, product and service names, trademarks or services marks.
The Services Are Provided “As Is” and “As Available”. Cars247 disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Cars247 makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any Services, or that the services will be uninterrupted or error-free. Cars247 does not guarantee the quality, suitability, safety or ability of 3rdparty providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
9. LIMITATION ON LIABILITY
Cars247 shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services. Cars247 shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any 3rd party provider. Cars247 shall not be liable for delay or failure in performance resulting from causes beyond its reasonable control. In no event shall Cars247’s total liability to you in connection with the services for all damages, losses and causes of action exceed the amount payable by you for the user that Cars247 service. Cars247’s services may be used by you to request and schedule vehicles related services with 3rd party providers, but you agree that Cars247 has no responsibility or liability to you related to any vehicles related services provided to you by 3rd party providers other than as expressly set forth in these terms. It is further clarified that Cars247 shall only be performing its nominal role of an aggregator of the vehicles related services providers for the users. The limitations and disclaimer in this agreement do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
You agree to indemnify and hold Cars247 and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Cars247’s use of your User Content; or (iv) your violation of the rights of any third party, including 3rd Party Providers.
11. TERM AND TERMINATION
11.1 This Agreement shall commence on the date/time accepted by you and shall continue until terminated as set forth herein.
11.2 Either Party may terminate this Agreement: (a) immediately, without notice, for the other Party’s material breach of this Agreement; or (b) in your case by terminating your account or uninstalling the Mobile App.
11.3 Notwithstanding anything contained herein Cars247 can immediately terminate these Terms or any Services with respect to the User, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason
Any notice delivered by the Company to you under this Agreement will be delivered by email to the email address associated with your account. Any notice delivered by you to the Company under this Agreement will be delivered by contacting Company at the “Contact Us” section of the website/app.
This Agreement shall be governed by and construed in accordance with the law of the UAE. The Parties hereby submits to the exclusive jurisdiction of the UAE Dubai Courts.
hereby submits to the exclusive jurisdiction of the UAE Courts.