Terms Of Use

  1. Introduction 

           Al Ghurair Motors is abbreviation for our company name Al Ghurair Motors. The reference in these Terms and Conditions

           (hereinafter referred to as “Terms”) to “Al Ghurair Motors.”, “we”, “our” or “us”. 

 

  1. Application of Terms 

 

  1. These Terms are entered into by Us and party executing these Terms (“you”). These Terms is a legally binding Agreement between Us and Users and with Clients for matters not governed by the Contract. These Terms apply to your access, viewing, browsing of or any type of use of the Content as available in Website portal. By accessing and proceeding to use/ continue using the Website or by carrying our any activity such as placing orders or scheduling deliveries or any using any functionalities of system on Website you agree to these Terms; and if your access and use is on behalf of another person including juridical person such as company or any entity, you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms. 

  1. These Terms are also applicable to the  Products and Services provided through the use of the Website to Users. The Contract entered into with Client is applicable in addition to and supplementary to these Terms and will supersede these Terms in event of any conflict between two terms in respect of Services agreed to be provided to Client.  

  1. If you do not agree to these Terms, you are not authorized to access and use the Website, and you must immediately cease using the Website and refrain from browsing, accessing, using or placing orders for any of the Products or services offered on the Website.  

  1. The Website is made available for general use and information only. Any use or access would be at your own risk and any losses, injury, damage, liabilities or cost incurred will be solely on your account for which We shall not be liable. It shall be your sole responsibility to ensure that any products or services purchased through the Website meets your specific requirements. The information and materials contained in this Website, including text, graphics, links or other items are provided “as is” or “as available”. We do not guarantee the accuracy, competence or completeness of all information and content found on our Website at all times. We will do our best to update this information as and when we are made aware of any changes or inaccuracies. 

 

  1. Definitions 

 

  1. ‘Account’ means a unique account created for you to access our Products or Service or parts of our Service. 

  1. ‘Affiliate’ means any company, corporation, partnership, or other entity that, directly or indirectly through one or more intermediaries, controls/owns, is controlled by/ owned by, or is under common ownership with, such party hereto, for so long as such ownership exists. For the purposes of the foregoing, “control” or “own” in its various forms shall mean ownership of voting securities, whether or not more than fifty percent (50%) of the ordinary shares or other equity interests, entitled to vote for the election of directors and/or controlling the administration of the entity by contract or otherwise. 

  1. ‘Clients’ means clients with whom We enter into separate Contract. 

  1. ‘Contract’ means our General Terms agreed with Clients for sale of our Product or Services which is specifically negotiated and/or signed and executed with our Client.   

  1. ‘Content’ includes, without limit, any text, data, logos, graphics, photographs, images, animations, software, application or any codes, forms, videos, music and other audio/visual materials, graphics, artwork or colour combinations (having effect of identification value of our brand), , logos, icons, and look and feel of the Website that you view when you access the Website or its system or application codes forming part of the Website.  

  1. ‘Intellectual Property Rights’ (“IPR”): patents, utility models, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, logos, business names and domain names, goodwill and the right to sue for passing off [or unfair competition], rights in designs, rights in portal, application, software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.  

  1. ‘Product’ means the product specifically agreed to be sold by Us to Client as attached in Contract. 

  1. ‘Services’ means the online booking of test drive for specified vehicles or any other additional service. 

  1. ‘Terms’ means these Terms and Conditions for use of the Website and performance of such Services. These Terms shall constitute legally binding agreement with the User.  

  1. ‘User’ is also referred to as ‘you’ in these Terms and includes all visitors or users of the Website who uses, views or accesses any Content.   

  1. ‘Website’ includes our website portal Al Ghurair Motors. 

  2. Interpretations: 

  3. “Day”, “month”, “year” and other references to time shall be construed by reference to the Gregorian calendar. 

  1. Any obligation on a party not to do something includes an obligation not to allow that thing to be done. 

  1. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms. 

  1. The headings in these Terms are for convenience only and will not affect the construction or interpretation of these Terms. 

  1. Clause, Section and sub-section headings contained in the Terms are for convenience of reference only and shall not affect the interpretation thereof.  

  1. Any reference to any Act of Parliament or to legislation of any sovereign state shall be deemed to include any amendment, replacement or re-enactment thereof for the time being in force and to include any bylaws, licenses, statutory instruments, rules, regulations, orders, notices, directions, consents or permissions made thereunder and any condition attaching thereto.  

  1. Defined terms are identified throughout these Terms by the capitalisation of the initial letter of a word or phrase. Where capitalisation of the initial letter is not used, an expression has its natural meaning. 

 

  1. Use of Contents and Intellectual Property Rights 

 

  1. Any and all Content accessed by you in this Website is either owned by us or by third party who licenses such use of Content to us (our licensors). Accordingly, We and our licensors own all proprietary and IPR in the Website and the Content provided therein. Any act contrary to these Terms will be deemed as an infringement of our IPR and we will be entitled to take any suitable action to protect our proprietary interest or our IPR in such Content.  

 

  1. Content is made available to User for its own use as per the Terms along with any Contract and not to republish, reproduce, upload, post, edit, adapt, syndicate or distribute any Content without our prior written permission. The names and logos displayed on the Website may be trademarks, tradenames or logos belonging to us or our Clients from whom we have permission to use such logo for marketing purposes.  

 

  1. Except as expressly agreed otherwise under our Contract with Client, User cannot link, copy, distribute, reproduce, upload, edit, adapt or extract data from this Website or use any part of the Content, for any commercial purpose or use our or Client’s trademarks or logos displayed in our Website in a way that suggests that you or your business has any endorsement from or affiliation with Us without our prior written permission (to be provided at our sole discretion).  

 

  1. Management of Account 

 

  1. To use our Website portal, you will be required to create account for yourself or the entity on whose behalf you are authorized to act. 

  1. You must provide true, current and complete information in your dealings with us (including when setting up an account) and must promptly update that information as required so that the information remains true, current and complete. 

  1. If you are provided a User ID and password by Us, you must keep your User ID and password secure and: 

  1. shall not permit any other unauthorized person to use your User ID, including not disclosing or providing it to any other person; and 

  1. immediately notify us if you become aware of any disclosure or unauthorized use of your User ID, by sending an email to Al Ghurair Motors. 

 

  1. Payment  

 

  1. The amount for the Product delivered shall be payable in United Arab Emirates Dirhams i.e. AED. We do not collect, store or process any credit card information or payment details you provide. We use third party providers, and their vetted and approved third party vendor portal to process all payments and payment card information, and we use SSL (Secure Socket Layer) technology which is intended to ensure your payment data remains encrypted and secure over the internet. This ensures that your information is used only as necessary and is only accessible to the bank processing the financial transaction for anything you have ordered from the Website. 

  1. We reserve the right to not accept an offer to purchase Products or to perform services chosen in the Website by you and we are not required to honor prices displayed in error. The prices, if any displayed, are excluding the value-added tax (VAT) applicable on the day of the supply. Any change in the applicable VAT rate will be automatically reflected in the price of Products sold by Us on the Website.  

  1. All credit card payments are subject to validation checks and authorization by the issuer of the credit card. If the issuer of the credit card refuses to authorize payment, we will not be liable for any delay or non-delivery. Individual customer’s order will remain in your basket for you to source an alternative method of payment, however the stock of Product will not be held until you have successfully processed your order payment. In case of Client the basket system will not apply and hence you are required to provide confirmed Delivery Schedule (as provided in Contract).  

 

  1. Warranties and Disclaimers 

 

  1. This website is provided “as is” or “as available” without any representations or warranties, express or implied. We no representation or warranties in relation to this Website and any information and materials or about the Product supplied or Services. 

  1. To the fullest extent permissible by applicable law, we hereby disclaim all other warranties of any kind, either express or implied, including, any implied warranties with respect to the Products and Services listed or purchased through this Website, including without limitation fitness for a particular purpose, suitability of Product or for particular purpose or availability of Services through the Website will be uninterrupted or error-free. We also, to the extent permitted by applicable law, expressly disclaim all liability for Product defect or failure, degradation due to normal wear and tear, any claim arising from misuse or improper use, any claim arising from Product modification or evaporation, any adverse effects suffered by any User due to improper Product selection, non-compliance with any codes or standards, or infringement of any third party rights. 

  1. Website warranties: No warranties of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, bugs, trojan horses, keystroke logger, spyware any other type of malicious code, that in any way compromises, or may compromise, the Website, or otherwise attempt to damage or interfere with the Website or are given in conjunction with the information and materials provided through the Website. You are responsible for conducting virus checks prior to downloading any material available on the Website before accessing or using the Website for any purpose. By agreeing to our Terms, you agree not to upload or transmit through this Website: (1) any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of our Website or computer systems; and (2) any material which is defamatory, offensive or of an obscene character or contrary to UAE laws on publishing and online content. 

 

  1. Privacy Policy 

 

  1. By proceeding to use our Website by means of carrying any activities such as accessing, browsing, viewing, placing order or managing Services, or using any functions available on the Website you agree and give your consent to disclosing your personal information to third parties, if necessary, in accordance with these Terms and the Privacy Policy. Please ensure you have read the Privacy Policy. 

  1. We take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure but we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website. No communication over the internet can be guaranteed as completely secure and we do not provide any such guarantee. 

 

  1. Changes to these Terms 

           

  1. We may change these Terms from time to time without any prior notice to you. The change will be considered as notified to Users on this page by reference to “Last Updated” after posting the new Privacy Policy on this page. It is strongly recommended to check the top of this page to note the date of the last change in the Policy. If a User objects to any of the changes to the Privacy Policy, the User must cease using this Website and can request the Data Controller (which can be us or third party based on system used) to remove the personal data via email address Al Ghurair Motors. Unless stated otherwise, the then-current Privacy Policy and applicable laws applies to all personal data the Controller have about Users.

 

  1. Limitation of liability 

 

  1. Al Ghurair Motors.and its Affiliates, staff and shareholders, shall not be liable for any damages, including indirect, incidental, special, punitive, exemplary or consequential damages (including, without limitation, damages for loss of data, business or profits) arising out of or in connection with these Terms, the use of the Website, the inability to use the Website or any advertising of Products, services, or information which may be displayed therein, or purchase of Products or services offered on the Website, or transactions entered into via the Website, whether based on contract, tort, strict liability or otherwise, even if We or any of Our staff members have been advised of the possibility of such damages. We shall not be liable for any delays in delivery in agreed time, if any, or failure in performance results from causes beyond Our reasonable control.  

  1. We shall not be liable for any unauthorized use of your account or data. We shall not be liable, unless otherwise agreed in the Contract specifically, for any claim for damages, injury, cost, liability howsoever incurred, in connection with any order placed on our Website and shall in no case exceed the value of the order and any charges for delivery of such order. 

  1. The foregoing limitations of liability shall apply to the fullest extent permitted by law.  

 

  1. Indemnification 

         

  1. You agree to protect, defend and hold harmless Al Ghurair Motors., its shareholders and its staff members from and against any and all losses, suits, demands, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising from or relating to (i) your use of the Website; (ii) your breach of these Terms or any representations, warranties or covenants made by you herein; or (iii) your violation of any applicable law, statute, ordinance, regulation or any third party’s rights. This obligation and the limitation on our liability set out above survives the termination of these Terms. 

 

  1. Termination or Suspension 

 

  1. Without prejudice to any other right or remedy available to us, if We consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it). 

  1. On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access. 

  1. There may be limited access or complete suspension of access to Website without any prior notice due to technical repairs, maintenance or such operational issues. The Clients can directly contact the contact persons mentioned under the notice clause of the Contract. The individual customers using the Website must consider the service suspended during such times.   

 

  1. General 

 

  1. Entire Agreement: These Terms constitutes entire agreement between Us and You relating to the use of the Website except for the sale with Client performed on basis of Contract. All contemporaneous representations, understandings and agreements, customs and usages are superseded herein. You acknowledged that while perusing to purchase the Product through this Website You have not relied on any representations, warranties, statements or undertakings. 

  1. Assignment: We can assign these Terms or any right and duties under these Terms without your express written consent. We shall have the right to designate an Affiliate to make the delivery under these Terms. 

  1. Severability: If any provision or part-provision of these Terms is held to be unenforceable or void by court of law or becomes invalid, illegal or unenforceable under any applicable law, it shall be deemed severed, but that shall not affect the validity and enforceability of the rest of the terms of these Terms which shall nevertheless remain valid and enforceable, to the extent they can be given effect without the severed provision. If the provision is severed such provisions will apply with such modification as may be necessary to perform the Services. 

  1. Nothing contained in these Website Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us. 

 

  1. Governing law and jurisdiction 

 

  1. These Terms shall be governed and construed in accordance with the substantive laws of the Emirates of Dubai and federal laws of United Arab Emirates. 

  1. If any dispute, controversy or claim arises out of or in connection with this Agreement, or the performance, breach, validity, enforceability or termination thereof (“Dispute”), then the parties shall follow the procedure as set out below in this clause: 

  1. Either party shall give to the other party written notice of the Dispute, setting out its nature and full particulars (“Dispute Notice”). The Parties shall attempt to resolve the Dispute, in good faith; 

  1. If the dispute is not resolved within 10 calendar days from the date of the Dispute Notice, including the date of Dispute Notice, then the Dispute shall be referred to and finally resolved by the Courts of Dubai. 

 

  1. Contact Us 

        If you have any questions or complaints regarding the Site or these Terms, you can contact us by emailing Al Ghurair Motors. 

 

    1.