TERMS OF USE

 

OVERVIEW

This website and mobile application of the same name EMICAR are owned and operated by EMICAR Auto Mobile L.L.C. www.emicar.ae which is a subsidiary company of EMIC Investment Group www.emic.ae .

Accessing and using this website and or mobile application of the same name on your smartphone and/or handheld device are simultaneous with agreement with the Terms and Conditions below.

The terms “we”, “us”, “our” and “EMICAR” refer to all services, tools and information available from this site to you, the user, and are subject to your acceptance of all terms, conditions, policies and notices stated herein.

EMIC Investment Group and EMICAR Auto Mobile L.L.C. reserve the right to add any new features or tools to the current website and/or mobile application of the same name as necessary. Access and continued use is equivalent to consent to terms and conditions.

 

DESCRIPTION OF THE SERVICES

EMICAR serves as a digital platform for purchasing vehicles in addition to related services complementary or separately, such as, shipping, vehicle insurance, registration, delivery, warranty and service. A clear display of the item purchased with the additional service will be presented to the buyer upon performing the purchase. Vehicles displayed on the platforms may be present locally or overseas, and the purchases will not be confirmed except after the approval of the availability of the vehicle and the confirmation of receiving the full payment by EMICAR.

 

PRODUCTS AND SERVICES

Whilst we have made every attempt to showcase the products as accurately as possible, we cannot guarantee that the colors and images of our products will be displayed correctly. Due to user’s computer monitor’s display or technical issues, the colors or shapes might be compromised. All descriptions of products or products’ pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. We reserve the right, to limit the sales of our products or services to any person, within any geographic region or jurisdiction. This is to be reviewed on a case-by-case basis, if required. We reserve the right to limit the quantities of any products or services that we offer.

 

 

GENERAL CONDITIONS

It is understood, user’s information, not including credit card information, may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. User agrees to not reproduce, duplicate, copy, sell, resell or exploit any portion of the service, or access to the service or any contact on the website or application through which the service is provided, without expressed written permission from us. Selected services and related features may require registration or/and subscription. User’s registration and or subscription means her/his agreement to provide accurate and current information required and update of said information as necessary. EMICAR and EMIC shall not be held responsible for any loss or damage due to error resulting from a failure to comply with providing said information. EMICAR and EMIC shall not be liable to any local or domestic, dealer or manufacturer, for any resale or misuse of new or used vehicles purchased though our platform.

 

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible, if information made available on this site is not accurate, complete or current. We reserve the right to modify the content on this site and app at any time, with no obligation to update information on our site and app. It is the user’s responsibility to monitor the changes.

 

REFUSAL OF ORDER

We reserve the right to withdraw any product from the website or mobile app at any time and/or remove or edit any materials or content on the website or mobile app. Whilst we make any effort to process all orders, there may be exceptional circumstances causing requirement to refuse to process an order at any time, at our sole discretion. We will not be liable to user or any other third party by reason of our withdrawing any product from the website or mobile app, removing or editing any materials or content on the website or mobile app or for refusing to process or accept an order after order confirmation has been sent to the user.

 

ORDER CANCELLATION

Once the full payment is done and the order is confirmed, the process of shipping and delivery of the vehicle will be initiated, cancellation of the order can be done only by contacting EMICAR and providing sufficient reasons for the desired cancellation of the purchase action, and is subject to the sole approval from EMICAR alone. If the cancellation is approved, the agreed on payments might take from seven days up to two months and upon the agreement with EMICAR on the amount, due to possible losses caused by depreciation, shipping, or any other extra costs.

 

RETURNS AND EXCHANGE POLICY

Subject to conditions set forth below, EMICAR will not accept returns or exchanges of vehicles or services purchased through the website or the app. No refunds of payments will be done for any purchase of goods or services from EMICAR. EMICAR reserves all the rights to refuse products to be selected for refund. User is responsible for whatever extra cost of any additional service applied or requested for products and services. EMICAR will not be held responsible for lost or damaged items.

Exchanges and refunds of purchases made with PayPal or Apple Pay are not available at this time. 1-2 billing cycles are to be allowed in order to appear on user’s bank statement due to different banking institution policies. Items purchased on sale or discounted are not subject to returns or exchange. Gift Cards, monogrammed and or customized products are not returnable or exchangeable.

EMICAR reserves the right to refuse returns and or exchange of any merchandise not meeting the requirements.

Merchandise credits do not expire. We regret that operations will be further limited during pandemics and remain a subject of approval.

 

REGISTRATION, PASSWORDS AND SECURITY

To access some of our services, online registration form/s must be completed. It is understood and agreed, user is responsible for providing true, current and complete information. Upon registering, user will be creating a password. It is user’s responsibility for any use or action taken whilst using personal password within EMICAR website and/or mobile app. User’s password might be used only to review information regarding potential and completed transactions, purchase or cancel purchase of the products, change of user’s preferences and/or otherwise access services available via EMICAR website and/or mobile app. User is solely responsible for maintaining confidentiality and security of user’s password. User hereby agrees full responsibility for all transactions and other activities conducted through user’s account using user’s password and therefore hereby releases EMICAR and EMIC from any and all liability concerning said transactions/activities. User agrees to notify EMICAR immediately of any verified or suspected loss, theft or unauthorized use of user’s account and or password. EMICAR has no obligation to inquire as to authority or propriety of any use or action taken under user’s account and password, and will not be responsible for any loss arising from any such use or action or from a failure to comply with the above. EMICAR will take reasonable security precautions when using the Internet, phone or other means to transfer data or other communications, but expressly disclaims any and all liability for accessing of any such data or unauthorized persons or entities.

 

PAYMENT METHODS

EMICAR provides various methods for full and balance payments of the purchased vehicle(s) provided on the platforms, which are currently the following: Bank Transfers, Cash Payments done at EMICAR head office, local debit cards, Visa Checkout and credit cards. Customer bindingly chooses the payment method when placing the respective order, provided that the customer chooses an online payment method, the payment will be processed by an external online payment provider cooperating with EMICAR. Card data will be stored for future orders by the external online payment providers, on the condition that the customer has given consent to the storage and future usage. The customer is obliged to ensure sufficient cover of the respective account or, when using credit card, to use the credit card only within the card transaction limit. Customer has to refrain from causing unauthorized debit charge-backs. EMICAR reserves the right to provide other payment methods or to no longer offer certain payment methods.

 

DELIVERY AND DELAYS

We will endeavor to fulfill your order for product(s) listed in the Shipment Confirmation as per availability. Reasons for delays could include:

1) Customization of items;

2) Specialized products;

3) Delivery area, delivery address error;

4) Receiver absent at the delivery address;

5) Natural hazards and bad weather conditions;

6) Unforeseen circumstances;

For deliveries, after initial delivery attempt, no additional attempts will be made to deliver item(s) except after settling extra delivery charges if applicable.

 

FORCE MAJEURE

EMICAR and EMIC will not be liable for any failure to perform or delay in performance of any of our obligations under an order placed that is caused by events outside our control (“Force Majeure” event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and in particular includes, without limitation, the following:

1) The acts, decrees, legislation, regulations or restrictions of any government.

2) Strikes, lock-outs or other industrial action.

3) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, declared or non-declared war, threat or preparation for war.

4) Impossibility of the use of public or private telecommunication networks.

5) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

6) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

Our performance under any placed order is deemed to be suspended for the period that Force Majeure event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to find a solution by which our obligations may be performed despite the Force Majeure event.

 

MOBILE APP PLATFORM UPDATES

We may make available for download certain Mobile App updates or upgrades in order to further enhance your experience whilst using the App. The license granted herein allows you to download and use the Platform Updates to update the Mobile App on any device that you own or control. This Agreement does not allow you to update devices that you do not own or control, and you may not make the Platform Updates available over a network where it could be used by multiple devices or multiple computers at the same time. Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the Mobile App, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Mobile App, Platform Updates, or any part thereof. Any attempt to do so is a violation of the rights of EMICAR and its licensors of the Mobile App and Platform Updates. By storing content on the device, user is making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rights holder. The Mobile App and Platform Updates may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. We may at our discretion, automatically upload Platform Updates to user’s device. User agrees to accept these Platform Updates, and to pay for any costs associated with receiving them. The Mobile App and Platform Updates are subject to applicable laws and regulations in the United Arab Emirates. User shall comply with all domestic and international laws and regulations that apply to the Mobile App and Platform Updates. These laws include restrictions on destinations, end users and end use. Uses of the Mobile App expressly consent to receive push notifications from and on behalf of EMICAR.

 

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the service or any part or content thereof without notice at any time. We shall not be liable to user or to any third party for any modification, price change, suspension or discontinuance of the service.

 

TERMINATION OF AGREEMENT

EMICAR may terminate this agreement unilaterally at any time.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

User agrees to provide current, complete and accurate purchase and account information for all purchases made via EMICAR, user agrees to promptly update their account and other information, including e-mail address and credit card numbers and expiration dates, so that transaction(s) can be completed and user can be contacted as required.

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

We may, but have no obligation to edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violating any party’s intellectual property or these Terms of Service. User agrees that their comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. User further agrees that their comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. User may not use a false e-mail address, pretend to be someone else or otherwise mislead EMICAR or third parties as to the origin of any comments. User is solely responsible for any comments made and their accuracy. EMICAR and EMIC take no responsibility and assume no liability for any comments posted by user or any third party.

 

ERRORS, INACCURACIES AND OMISSIONS

Despite our best efforts, occasionally, there may be information on our site or in the Service containing typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct such errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice, including after the order has been submitted. We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.

 

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

1) For any unlawful purpose;

2) To solicit others to perform or participate in any unlawful acts;

3) To violate any international or local laws;

4) To violate our intellectual property rights or the intellectual property rights of others;

5) To harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;

6) To submit false, misleading or harmful content;

7) To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

8) To collect or track personal information of others;

9) To spam, phish, pharm, pretext, spider, crawl, or scrape;

10) For any obscene or immoral purpose; or

11) To interfere with or attempt to avoid the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

DISCLAIMERS OF WARRANTIES; LIMITATION OF LIABILITY

Despite every attempt being made for EMICAR to operate to the satisfaction of its users, we do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error free. User agrees that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. User expressly agrees that their use of, or inability to use, the service is at their sole risk. The service and all products and services delivered to user through EMICAR services are provided “as is” and “as available” for user, without any representation, warranties or conditions of any kind, either expressed or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. In no case shall EMICAR, its chairman, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort, including negligence, strict liability or otherwise, arising from user’s use.

 

LINKS TO AND FROM OTHER PLATFORMS

Our platform might offer links to other websites and platforms. Such links and platforms are considered to be third parties, which are in turn responsible for the contents and the maintenance of their own links and platforms. EMICAR is not responsible for guaranteeing the contents, accuracy, completeness, or timeliness of information of any pages and platforms governed by independent third party organizations.

 

BULK ORDERS AND RESALE

EMICAR website and mobile application is to serve private customers. EMICAR reserves the right to refuse and/or cancel the order, and any attempts will be reported to concerned authorities if any bulk orders where misused in a resale or similar actions.

 

TRADE MARKS AND COPYRIGHTS

Any and all intellectual property rights, registered and/or unregistered, content information, including but not limited to text, graphics, images, videos, sound, logos, software and all software compilations and underlying source code remain our property and are protected by copyright as collective work under UAE copyright laws and international conventions. All rights are reserved.

 

JURISDICTION

These Terms and Conditions shall be interpreted and governed by applicable laws in the Emirate of Abu Dhabi, United Arab Emirates.

 

CONTACT

If you have any questions or doubts related to the use of the website or mobile app, do not hesitate to contact us via e-mail: support@emicar.ae