Al-FUTTAIM AUTOMOTIVE SINGLE PERSON COMPANY LLC
E-COMMERCE - TERMS AND CONDITIONS
“AL FUTTAIM AUTOMOTIVE SINGLE PERSON COMPANY L.L.C, a company incorporated in United Arab Emirates, having its registered office at P.O. Box 152, Dubai, UAE or any subsidiaries or affiliates thereto, as the case may be ( the “Al Futtaim”), operates and maintains this website ( the “Website”) and other Al Futtaim websites that are linked to this Website and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Website (collectively the ”Content”) are for the use of its customers, employees and members of the general public and only for the lawful purposes described below.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE.
1. ONLINE BOOKINGS AND REFUNDS
• The online booking reservation process requires you/the customer to visit their preferred selected branch in the United Arab Emirates within 3 days from placing an order and confirm details of the vehicle or products reserved on the Website
• All prices displayed are inclusive of Value Added Tax (the” VAT”).
• The reservation deposit is valid for 3 days and will be refunded to the original card from which the deposit was paid if the order has not been confirmed within such period.
• The vehicles or products are sold and delivered subject to Al Futtaim’s conditions of sale.
• On physical inspection of the vehicle or product, it appears that the reserved vehicle or product is not as per your requirement at the time of reservation, Al-Futtaim agrees to refund your deposit without any interest.
• Al-Futtaim will process the refund within 3 to 5 working days.
2. PRICING
• Al Futtaim reserves the right, at its sole discretion, to limit the quantity of vehicle or products purchased, per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card and also to orders that use the same billing and/or shipping address.
• Al-Futtaim is not responsible for typographical or pricing errors that may be discovered on the Website. In such an event where a vehicle or products is listed at an incorrect price or with incorrect information, Al Futtaim has the right, at its sole discretion, to refuse or cancel any orders placed for that vehicle or products.
• All vehicle or products displayed on the Website, constitute an "invitation to offer". You agree to pay the full amount payable for the vehicle or products as indicated during the order process, including any charges incurred with that order.
• All transactions are conducted in local currency to the markets where vehicle or products are sold. When using a credit card supplied by banks other than those in that local market, the amount on the credit card bill may differ due to exchange rate fluctuations and any charges that the card issuer/bank may have debited.
• In the event that VAT is levied by the government authorities in the jurisdiction where Al Futtaim is incorporated and/or tax resident, Al Futtaim shall charge VAT at the prevailing VAT rate.. You will pay the amount of any such VAT and Al Futtaim shall provide to you the documentation as required by the VAT legislation to permit you to claim an input VAT deduction on your VAT return.
3. ACCEPTANCE OF CONTRACT TERMS
• By accessing, browsing and/or using the Website, you agree to be bound by the terms of the Website and to comply with all applicable laws and regulations. Those who choose to access this Website from outside the United Arab Emirates are responsible for compliance with local laws if and to the extent local laws are applicable.
• The Website can only be used by persons who can form legally binding contracts under applicable law.
• The Website cannot be accessed by persons whose registration has been suspended or terminated by Al Futtaim for any reason whatsoever.
• You represent that you have the legal authority to accept these Website “Terms of Use” on behalf of yourself or any party you represent.
• Use of the Website is unauthorized in any jurisdiction that does not give effect to these Website “Terms of Use”.
4. NON-ACCEPTANCE OF TERMS
• The Website is controlled and operated in whole or in part by Al Futtaim from its offices within the United Arab Emirates.
• Those who access the Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
• Al Futtaim makes no representations as to the appropriateness or availability of the Content for use in any jurisdiction. Al Futtaim disclaims any liability in relation thereto and reserves the right to amend or remove any Content that it may deem as being contrary to local norms, culture, morality or violates any prevailing rules or regulations and to suspend or terminate your use of the Website if it deems appropriate.
• In using the Website, the confidentiality of the account details including password is solely your responsibility. Al Futtaim shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
5. COPYRIGHT AND RESTRICTIONS ON USE OF CONTENT
• Al Futtaim retains copyright on all text and graphic images. You acknowledge, having been advised by Al Futtaim, that the Content is protected in the United Arab Emirates and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws and other proprietary rights laws (collectively the 'Rights').
• You are hereby granted permission to access the Content from the Website only for purposes of viewing and browsing through the Website or ordering vehicles/ products from the Website.
• Al Futtaim is not granting you any permission to use the Content other than the permission expressly stated in these Website “Terms of Use”. The Website may at times provide opportunities for users to post reviews and other comments, questions, suggestions or other information (the “User Content”) on or through this Website, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Website. You warrant that any such User Content submitted by you to the Website is original (and does not infringe the intellectual property rights of others), and you hereby grant Al Futtaim a perpetual, irrevocable, non-exclusive, royalty-free, transferable right and license to use such User Content if Al Futtaim desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Content and/or incorporate such User Content into any form, medium or technology throughout the world, without any further recourse to you, and you hereby waive any moral rights in such User Content.
• You agree that you will not post any content that is contrary to morality, defamatory, inflammatory, that infringes intellectual property rights, or that may otherwise breach common decency or be contrary to law.
• Al Futtaim shall be under no obligation
• Al Futtaim does not regularly review posted User Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Content submitted to the Website.
• You grant Al Futtaim the right to use the name that you submit in connection with any User Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content you submit.
• You remain solely responsible for the content of any User Content and agree to indemnify Al Futtaim and its affiliates for all claims resulting from any User Content. Al Futtaim and its affiliates take no responsibility and assumes no liability for any User Content submitted by you or any third party.
(1) to maintain any User Content in confidence;
(2) to pay to user any compensation for any User Content; and
(3) to respond to any User Content.
6. TRADEMARKS
• Al Futtaim and other trademarks, such as vehicle or product names found on the Website (collectively the 'Trademarks') are owned by Al Futtaim, its associate companies, suppliers, business associates or third parties and registered in the United Arab Emirates and/or elsewhere or unregistered.
• Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Website, without the written permission of the Trademark owner concerned.
• The Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of products / vehicles on the Website, without prior, written permission of Al Futtaim.
• There are instances where Al Futtaim requests personally identifiable “information” from the Website users to provide them with a service or correspondence (promotions and mailed brochures).
• This information, such as name, mailing address, e-mail address, type of request and possibly additional information, is collected and stored in a manner appropriate to the nature of the data by Al Futtaim and is used to fulfil your request. Although Al Futtaim makes every effort to ensure the secure collection and transmission of sensitive user information using industry accepted data collection and encryption methodologies, Al Futtaim does not guarantee the security of any information transmitted to or from the Website or data gathered from the usage of the Website. The information you provide and the data gathered is used by Al Futtaim to improve the services Al Futtaim provides to you.
7. PRIVACY, SUBMISSION AND COLLECTION OF INFORMATION
• You hereby grant Al Futtaim an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute any information you send, and agree that Al Futtaim is free to use any ideas, concepts, know-how or techniques that you send Al Futtaim for any purpose.
8. PROHIBITED CONDUCT
• You are prohibited from posting or transmitting to or from the Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
• You agree:
o not to use the Website to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
o not to interfere or disrupt the Website or any networks connected to the Website.
o not to use any device, software or routine or attempt to interfere with the proper functioning of the Website or any transactions being offered at the Website.
o not to use the Website to collect or export personal information, including, without limitation, financial information, about other participants at the Website.
o not to use the services, vehicles associated with the Website for illegal purposes.
o to comply with all regulations, policies and procedures or networks connected to the Website.
9. DISCLAIMER OF WARRANTY
• Al Futtaim does not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the Content of the Website or any other websites linked to or from the Website.
• The Content of the Website is provided "as is" without warranties of any kind either express or implied. To the fullest extent possible pursuant to applicable law, Al Futtaim disclaims all warranties, express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of third party rights revisions.
• Al Futtaim may revise or withdraw the Content, in whole or in part, at any time without notice. Al Futtaim may at any time revise these Website “Terms of Use” by updating this posting.
• By using the Website, you agree to be bound by any such revisions and you explicitly agree to periodically visit this page to determine the then current Website “Terms of Use” to which you are bound. In case you do not agree with these terms of use or any part thereof, you should not use this Website.
10. APPLICABLE LAW
• These “Terms of Use" and the relationship between you and Al Futtaim will be governed by the laws of the United Arab Emirates and the parties hereby agree to submit to the exclusive jurisdiction of the courts of Dubai.