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:
  1. modify or copy the materials;
  2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. attempt to decompile or reverse engineer any software contained on Our web site;
  4. remove any copyright or other proprietary notations from the materials; or
  5. 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.

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.


Terms & Conditions for Dealers

1. Definitions

  1. We", "Our", "Us" refers to Dubicars International FZ-LLC trading as "Dubicars" and its subsidiaries, employees, officers, agents, affiliates or assigned parties.
  2. "Our web site" refers to dubicars.com.
  3. "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:
    1. car listing service for uploading and managing your vehicle listings;
    2. photography service where Dubicars staff photograph and upload pictures of vehicles;
    3. content management service to manage leads and track visits;
    4. link integration with automatic feed from our web site to your web site;
    5. creation and hosting of your dealership website;
    6. 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;
    7. process which facilitates having your phone call leads tracked and recorded via our "Call Tracking" product
    8. inclusion of your vehicles in e-mail alerts;
    9. website and banners design services;
    10. email marketing campaigns.
  4. The following are the standard terms and conditions ("Terms and Conditions") that apply to your use of the Service.
  5. Your obligations

  6. 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.
  7. 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.

2. Your obligations

  1. You must:
    1. only advertise vehicles that are currently available for purchase within the Emirates or countries permitted by your subscription;
    2. within 24 hours of a sale contract being entered into for a vehicle mark that vehicle as sold on the web site;
    3. 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;
    4. 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;
    5. abide by any applicable rules and regulations related to electronic truncations and commerce;
    6. in your use of the Service, comply with all applicable laws.
  2. You must ensure that:
    1. material submitted through the Service by you refers only to listing details of a particular vehicle;
    2. the listing details for a particular vehicle through the Service are only listed by you (including any associated showrooms in your dealership group) once;
    3. any reference to material other than listing details for a vehicle must receive our written approval prior to your submission;
    4. ensure that no other person, authorized or otherwise, makes use of your subscription to the Service in breach of these terms and conditions;
    5. not make any promotional or merchandising reference to us or our web site without our express written permission.
  3. You acknowledge that:
    1. you have read and agree to be bound by the terms of all legal notices posted on the Site;
    2. 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;
    3. 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
    4. any such conduct is in breach of these terms and conditions;
    5. 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;
    6. 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;
    7. 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;
    8. 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;
    9. systems or technological failure may impede or prevent access to all or any part of the vehicle data;
    10. 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;
    11. you are responsible for the security and integrity of your data;
    12. transmission of data over the Internet can be subject to errors and delays;
    13. 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

  1. You may not terminate this Agreement before the end of the contracted term under any circumstances.
  2. 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.
  3. Following the expiry of the Term your Agreement will expire unless you renew this Agreement with Us.
  4. 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.
  5. 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:
    1. you fail to pay any fees or charges due to us by the due date, or any postdated cheques as stipulated in the Agreement;
    2. you breach any part of this Agreement and fail to rectify that breach within seven (7) days of our giving notice requiring rectification;
    3. any material supplied by you is false or misleading;
    4. 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
    5. 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.

    Agreement Term, Suspension or Termination of Service

    You may not terminate this Agreement before the end of the contracted term under any circumstances.

  6. 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.
  7. 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.

4. Packages, Fees and Payment

  1. 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.
  2. 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.
  3. 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.

    Refund policy

    The dealer has the right to a refund under the following circumstances:

  4. 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.

5. Refund policy

  1. The dealer has the right to a refund under the following circumstances:
    1. if a duplicate payment is received for an already paid for service, the duplicate portion of the payment will be fully refunded.

    Limitation of Liability and Indemnity

    To the extent allowable under laws applicable in the United Arab Emirates we:

  2. 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).

6. Limitation of Liability and Indemnity

  1. To the extent allowable under laws applicable in the United Arab Emirates we:
    1. exclude all conditions and warranties implied into the Agreement;
    2. exclude consequential, special or indirect loss or damage (included but not limited to loss of opportunity, loss of revenue and loss of profits);
    3. limit our liability for breach of any condition or warranty that we cannot exclude to the greater of (at our option):
      1. resupplying the Service; or
      2. paying the cost of having the Service resupplied; and
      3. 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.
  2. We will not be liable under this Agreement to the extent that liability is caused by:
  3. 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.

    1. any breach of your obligations under this agreement; or
    2. 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.
  4. 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.

7. General

  1. 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.
  2. 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.
  3. Any notice(s) must be sent by e-mail or prepaid post to your or our last known address.
  4. You must not assign the Agreement without our written consent.
  5. 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.
  6. The laws of the United Arab Emirates, the Emirate of Dubai apply.
  7. 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.
  8. 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.

Privacy Policy

1. INTRODUCTION

1.1 Dubicars International FZ-LLC, a company registered in Dubai, with a registered address at office 1502 in Shatha Tower, Dubai Media City, Dubai, UAE, owns and operates the website https://www.dubicars.com (“Website”).
1.2 This Privacy Policy (the “Policy”) forms a part of the Terms of Use relating to the use of the Website, and by using the Website you expressly consent to our collection, use and disclosure of your information in accordance with the terms of this Policy. We may amend this Policy at any time without notice, and such amendments become effective from the date upon which we make them available on the Website. If you do not agree to the Policy (including any amendments), then you should immediately cease using the Website.
1.3 Throughout this Policy, the terms “Dubicars” “we", "our", "us" means Dubicars International FZ-LLC and its subsidiaries, employees, officers, agents, affiliates or assigned parties.
1.4 This Privacy Policy was last updated on Nov 15, 2017. It is effective between you and us as of the date you accept this Policy, and you do so by default through the use of the Website.
1.5 If any term of this Policy is or may become for any reason invalid or unenforceable at law, the validity and enforceability of the remainder will not be affected.

2. YOUR INFORMATION

2.1 The type of information we collect from you is either personal to you, or is general in nature:
  1. 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'.
  2. 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

3.1 Most of this Website can be used without giving us any information. However, certain services and third-party technology may involve collection and usage of information from you, including but not limited to, Google Analytics (a description of their specific data collection and processing practices can be found via the following link: https://www.google.com/policies/privacy/partners/). We use this information to provide you with a better service, and in particular to: keep internal records; improve our products, services and the Website; communicate with you if you have ordered, purchased or participated in anything on the Website; contact you for market research purposes; and provide you with information about new opportunities, promotions, special offers and other information that we may feel is relevant to you. If you contact us via the Website, or via email to the contacts set out on the Website, we may keep a record of that correspondence.
3.2 We use General Information to help us make the Website more useful to customers (including to help us assess content of interest to visitors), and for other purposes such as determining the Website’s technical design specifications and identifying system performance or problem areas, for tracking activity on the Website, preparing reports, assessing trends, and otherwise monitoring the way in which the Website is being used none of which would be in a way that personally identifies any users.

4. DISCLOSURE OF PERSONAL INFORMATION

4.1 You consent that we may share your Personal Information in connection with the purposes above with any other Dubicars affiliated company.
4.2 You consent to us sharing your Personal Information with third parties in the following circumstances:
  1. 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
  2. b. business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
4.3 You further consent that we may also share your Personal Information with third parties:
  1. 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;
  2. if required in order to obtain professional advice;
  3. 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
  4. 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

5.1 Keeping your Personal Information secure and preventing unauthorized access is of utmost priority to us, and we take all steps reasonably necessary to protect your Personal Information against any unauthorised access, use, alteration, disclosure or destruction. Whilst we have put in place physical, electronic and managerial procedures to secure and safeguard your Personal Information, we will not be held responsible for any unauthorised access by third parties and we cannot guarantee that the Personal Information provided by you or that is transmitted via this Website or by e-mail is totally secure and safe.

6. COOKIES

6.1 Like many websites, this Website uses cookies (which may also be placed and read by third party providers, including but not limited to Google Analytics), which are files that store information on your hard drive. Cookies allow the Website to identify account holders, track new users, record session information, and generally to optimise your experience. Most browsers accept cookies automatically but if you choose you can disable the cookies from your browser (each browser type typically has different disabling steps. These steps can be found by performing an internet search for the same). For online advertising campaigns, cookies are automatically deleted after one (1) month.
6.2 We recommend that you leave cookies “turned on” so that you can enjoy a better experience on this Website. You may occasionally get cookies from companies advertising on our behalf or on behalf of our subsidiaries. We do not control these cookies, and these cookies are not subject to this Privacy Policy.

7. USE OF THIRD PARTY ANALYTICS AND TRACKING PIXELS

7.1 This Website uses third party analytics (“Third Party Analytics”). Third Party Analytics use cookies and/or text files to analyze website traffic. Information generated by cookies with your details (including your IP address) is transferred to servers operated by Third Party Analytics. Third Party Analytics process this information to evaluate your use of this Website, compile reports about this Website’s activity on our behalf, and deliver other related services regarding website and Internet use. Third Party Analytics may also share this information with third parties insofar as this is necessary or if these third parties process the information on behalf of them.
7.2 You may disable the cookies from your browser by adjusting your browser settings. However, in this scenario, you may not be able to make full use of all the functions available on this Website. By using this Website, you agree to Third Party Analytics processing of the type of information discussed in the manner contemplated in this Policy. To the maximum extent permissible by applicable law, us, and our respective suppliers, and any of our owners, officers, directors, managers, members, agents, and employees, are not liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) arising out of, or in way connected with, the use of the type of information discussed in this section.
7.3 Third party tracking pixels are used on our Website. This means that third parties may use cookies, web beacons, and similar technologies to collect or receive information from our Website and elsewhere on the internet and use that information to provide measurement services and target adverts. If you wish to opt out of the use of these tracking pixels please adjust your browser settings.

8. THIRD PARTY ADVERTISERS

8.1 We allow third party advertising networks to serve advertisements on our behalf.
8.2 Third party advertisers may place cookies on the browsers of visitors to its website(s) and may send its own cookies to the visitors’ cookie file. The cookies will allow these third party advertisers to apply their personalized retargeting technology and to serve personalized banners; third party advertisers may collect and use this data in accordance with all applicable laws and regulations (including but not limited to laws governing privacy, and data protection).

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

For further information on our collection, use and disclosure of your information under this Policy please contact [email protected]