Terms & Conditions

Terms & Conditions

TERMS OF USE

 

Thank you for visiting our Digital Platform. Alba Trading FZC is a company incorporated pursuant to the laws of Umm Al Quwain Free Zone, United Arab Emirates (the Company). The Company is licensed as an e-commerce service provider. We provide Alba Cars Website, Mobile Website and applications for mobile as well as tablet devices (individually and collectively the Digital Platform). Our Digital Platform provides you with a unique opportunity to meet and connect with buyers, sellers, and visitors and to obtain information pertaining to vehicles listed on the Digital Platform. In addition, we have ‘Dealers by Alba’ which is for car dealers and ‘Suppliers by Alba’ which feature applies to our suppliers.

Shopping for a pre-owned or used vehicle is much easier now than ever before. The Digital Platform offers you the opportunity to learn about us, test drive a car, get details on the vehicles, discuss your trade-in or even learn about financing deals for your new vehicle.

These terms and conditions (the Terms) govern, set out and regulate your use of and visit to the Digital Platform on which they are posted and updated periodically. For the purpose of these Terms and wherever the context so requires, the terms and words ‘user’, 'you' and ‘your’ shall mean and include natural or legal person(s) who has or have agreed to visit the Digital Platform, register itself on the Digital Platform, act as a buyer or a seller or uses the Digital Platform in any manner whatsoever including persons browsing the Digital Platform (whether personally or on behalf of someone) and its content, posting comments or any content or responding to any advertisements or content listed thereon. These terms apply to every visitor or user of the Digital Platform and this includes without limitation car dealers, persons interested in buying or selling cars, agencies, fleet sellers, service providers, third party consultants, car repair shops, and other apps or users that may wish to integrate or connect with Alba Cars (whether now or in future).

By visiting, navigating, browsing, bidding, entering registration details, entering, executing, using, paying, downloading, commenting, saving, uploading, accessing, or communicating in any form or using the Digital Platform you will automatically be considered a user which requires the full and complete acceptance of each and every provision and description included within these Terms, in the version published by at the time you access or use the Digital Platform. If you do not agree to these Terms, you may not access or otherwise use the Digital Platform (in case of applications, please uninstall the application from your mobile and/or table device).

In addition to these Terms, you will find other policies such as our payment policies, cookie policy, privacy policy, copyright terms/notices, and other legal documents on the Digital Platform including other legal documents and policies (collectively, the Legal Policies) at www.albacars.ae

In line with our internal by-laws and in order for timely compliance with prevailing laws and regulations, we reserve the right, in our sole discretion and at any time, to make changes to these Terms and our Legal Policies concerning the use of Digital Platform. For the abovesaid reasons, you should carefully review these Terms and Legal Policies from time to time. Your visit, registration and continued use of the Digital Platform following changes to Terms and Legal Policies means that you agree, acknowledge and consent to the revisions to the Terms and Legal Policies. The Digital Platform may also display necessary guidelines from time to time and these guidelines are also subject to change at any time without prior notice. For ease of reference, these Terms and Legal Policies have and will continue to be maintained in English language. We also reserve the sole and exclusive right to introduce new services, new features, new auction models and update or withdraw any of the services, and we will not be liable to you in any manner whatsoever for exercising this discretion. The information in relation to treatment of your personal data is set out within the Privacy Policy page. For avoidance of doubt, any third party, their affiliates, or a service provider that may associate itself with the Digital Platform, such third parties, their affiliates or service provider will have their own privacy policies and this Digital Platform does not control their terms or policies.

ABOUT DIGITAL PLATFORM AND WAIVER OF RESPONSIBILITY 

Digital Platform is a digital marketplace that allows and permits users, visitors, affiliates, and service providers to offer, sell and buy preowned used cars in a variety of pricing formats and auctions. This further includes other aspects such as tenders, auction and other services.

Any information, display notes or guidance that we provide as part of our services, such as images of vehicles, quantity, product price, shipping information, listing, and sourcing is solely and purely informational and you may decide to follow it or not. It is also possible that the images or videos or graphics shown for car may not be of the actual car.

The Digital Platform Team may endeavor and assist resolution of differences or disputes received but we expressly clarify that the Digital Platform, its management or support team have no absolute control over and does not guarantee: the existence, quality, legality, merchantability, safety of items displayed, advertised, the truth, veracity or genuineness of users or accuracy of any listing or contents; the ability of sellers to sell vehicles, the ability of buyers to pay for vehicles; or that of the ability of sellers to sell or ability of buyers to pay for items; or even that a buyer or seller shall complete a transaction or return an item. This also applies to various services made available by the Company on Digital Platform which include without limitation services provided by multifarious service providers, tenders, and other commercial services made available to users on the Digital Platform.

ABOUT DIGITAL PLATFORM AND WAIVER OF RESPONSIBILITY 

Selling a Vehicle: Users are required to submit all the information in relation to the vehicle they intend to sell. Information submitted to Digital Platform is then reviewed and processed by the Company's team and then presented to intereted customer(s). Additionally, the Company may advertise the car along with the car's owner name and contact information via the LEADS section on the Digital Platform.

Terms for Buying a Vehicle: Users desiring to buy vehicles are required to pay a deposit to reserve the vehicle. Likewise, users will be required to pay a deposit if they wish to commence financing of vehicles through any local bank. Users will be required to sign a contract and any deposit paid is non-refundable. The following terms apply exclusively for bank applications.

1. Reservation:
1.1. The deposit paid is to start the bank application for the chosen vehicle.
1.2. This vehicle is not reserved for the buyer and can be sold to any other party without the consent of the buyer.
1.3. The buyer can request to reserve this vehicle at any time through sending an E-mail. Approval of the request is at the discretion of Alba Motors LLC. However, the buyer cannot reverse this process and the deposit immediately becomes non refundable regardless of bank rejection.
2. Contact & Communication
All communication to the company must be sent via email to [email protected]. Any other method of communication or agreement shall be deemed void.
3. Fees & Payments
3.1. The buyer can pay up to a maximum of AED 5,000 via card. All remaining payments must be through cash, cheque or bank transfer.
3.2. All cheque and bank transfers are subject to clearance.
3.3. Buyer is liable and responsible for the settlement of all Bank Fees, Processing fees, Valuation charge, Vehicle Inspections, Registration, Salik, delivery and storage if delays occur during collection or delays in final settlement.
4. Insurance
4.1. The buyer agrees to ensure the vehicle insurance value is exactly as per the value noted on the bank LPO if buying the car through bank finance. 
4.2. All insurance costs must be borne by the buyer.
5. Export
Vat refund for exported vehicles shall only be valid if the vehicle is exported within 90 days of purchase. Valid documentation must be provided in addition the value on such documents must match the actual and exact value of sale. Otherwise, VAT shall be paid to tax authorities with no possibility of a VAT refund.
6. Accessories
Alba Motors LLC does not guarantee the availability of a spare key (or any other accessories) for the vehicle sold. If a spare is required, Alba Motors LLC may assist in providing a quote.
7. Vehicle Condition:
7.1. Inspections must be conducted only at an RTA approved testing facility (i.e. Tasjeel). No unauthorised third party inspections shall be performed.
7.2. The buyer has the right to request an NOC to verify any information needed from the main dealership and/or related parties.
7.3. The buyer must request a time and location for the inspection within 24 hours through the specified contact information on this agreement. Failure to send such a request within this time frame will lose the buyer the right for a deposit refund regardless of the inspection findings.
7.4. Any additional repairs, improvements or upgrades must be mentioned in writing on the contract.
7.5. Inspections, service history verification and vehicle history checks must be performed within 24 hours from the payment of the deposit.
7.6. The buyer confirms that within 24 hours of booking they have seen, inspected, verified history and accepted the vehicle in its current as is condition with all its flaws & defects if any.
8. Refund & Return Policy:
8.1. The deposit is refundable in the condition that the RTA inspection shows major mechanical defects, making the vehicle not roadworthy. However, the deposit shall not be refunded if Alba Motors LLC agrees to repair the defects upon sale & final settlement. Wear & Tear, consumables as well as service related items shall not be considered as major mechanical defects therefore shall not grant a deposit refund if requested.
8.2. The deposits are refundable in case the RTA inspection finds that the vehicle was involved in a major accident affecting its structure and safety. However, the deposit shall not be refundable if the inspection finds visual defects (scratches & dents) and refurbishment repaint work.
8.3. The deposits are strictly non refundable if the buyer cancels the deal or the bank application prior to a decision from ALL banks.
8.4. Any request for change of vehicle at a subsequent date is strictly subject to Alba Motors approval and discretion and may result in forfeiture of deposit as mentioned in clause 8.3 and 8.6.
8.5. Alba Motors LLC holds a strict no refund and no return policy for any vehicle or third party service sold.
8.6. All payments made regardless of value are considered as deposits towards the purchase of the vehicle and can all be subject to forfeit subject to the conditions of this agreement.
8.7. Failure to register the vehicle within 48 hours of bank approval will result in a deposit forfeit.
8.8. The buyer agrees and accepts that any incorrect or incomplete information provided on the finance declaration form and if the buyer does not meet all the terms of this agreement, Alba Motors LLC has the right to terminate the agreement and deem the deposit forfeit.
9. Warranty & Servicing:
9.1. All vehicles are sold in as is condition with no guarantees or warranties directly by Alba Motors LLC. This includes all visible and hidden defects, damages or repairs. Alba Motors LLC is not responsible or liable for any current or future defects and damages that may occur.
9.2. Any warranty provided or sold is strictly with third party providers. The warranty provider has sole discretion and responsibility in relation to coverage.
9.3. Any service contracts provided or sold is strictly with third party providers. The warranty provider has sole discretion and responsibility in relation to coverage.
9.4. Alba Motors LLC has the right to replace the warranty & service contract provider/s at any time with at their own discretion.
9.5. Warranty renewal must be requested annually within 30 days of each policy expiry date. Failure to make a formal request through the contact methods provided, within the specified time, can result in the warranty being voided with no refunds issued.
9.6. It is the sole responsibility of the buyer to follow the warranty provider instructions including (but not limited to) servicing the vehicle at the specified service centers.
9.7. Alba Motors LLC is not liable in case the third party warranty and service contract providers do not honour the agreement or face bankruptcy or clouser. The buyer has the right to follow lawful methods and can hold the suppliers directly liable through courts.
9.8. Buyer understands that vehicles sold may require immediate servicing.
9.9. Any dealership information provided such as history, warranty and service contracts are verbally communicated by the first owner or dealerships. Thus, such information must be verified by the buyer and Alba Motors LLC does not guarantee the accuracy of this information.
9.10. Vehicles over 150,000 Kms will not be eligible for warranty renewal.
10. Bank Finance
10.1. The deposit shall be refunded ONLY if ALL bank applications are rejected.
10.2. Buyer must apply for all banks recommended by Alba Motors LLC to ensure approval. If several banks are approved, the buyer may choose a preferred bank.
10.3. Alba Motors LLC are not responsible for the amount of interest the bank wishes to charge or amount of downpayment requested by the bank. This is regardless of whether Alba Motors LLC assisted in the bank application nor what was initially advertised or what was expected by the buyer.
10.4. The buyer is responsible for ensuring that all RTA fines and/or system blocks are cleared from the system, in order to allow for the registration of this vehicle.
10.5. Finance required documents must be submitted within 3 working days of booking unless agreed otherwise in writing.
10.6. Alba Motors LLC are not responsible for the number of finance years (tenure) proposed by the bank.
11. Trade Ins
Trade ins are considered as a separate deal. Alba Motors LLC has the right to refuse trade in or adjust the trade in value if any defects are discovered. This shall not in any way have an impact on the vehicle sold by Alba Motors LLC.
12. Handover
12.1. Vehicle sold will be handed over to the buyer upon completion of all payments, formalities and necessary checks. This process may take up to 7 working days.
12.2. All specially requested work, will be performed after all dues have been paid and the vehicle is registered under the buyer’s name. Buyer agrees to provide all the necessary time to conduct such work.
13. Consent
Buyer understands, agrees and gives consent that any video and/or photo footage taken may be shown and posted publicly on social media and other online portals of the company as a form of advertising. The buyer will be formally notified in such an event.
14. Governing Law & Disputes
Both parties (Buyer/Customer & Seller/dealer) agree that any dispute or claim relating in any way to this agreement with Alba Motors LLC, or to any products or services sold by Alba Motors LLC will be resolved by binding arbitration and within the laws of the UAE.
I agree that I have read and understood the conditions above.

The following conditions shall apply exclusively for car reservation.

1. Reservation:
1.1. The vehicle is reserved for a period of 1 week for a deposit amount of AED 5,000. Additional time may be granted if the deposit amount is increased by AED 5,000 per additional week. The vehicle can be held for a maximum period of 4 weeks. Additional time in exchange for additional deposits may be granted if agreed in writing. Failure to conclude the purchase within this time will result in the forfeit of all deposits paid and Alba Motors LLC has the right to sell the vehicle to any other party without the buyer’s consent. 
1.2. This booking is marked as “Vehicle Reservation” meaning that deposits shall not be refunded if the buyer fails to complete the financial dues agreed within the specified period. This includes failure to obtain finance regardless of whether Alba Motors LLC assisted in the application process. 
1.3. The buyer is responsible for ensuring that all outstanding fines and/or RTA system blocks are cleared prior to ownership transfer. Upon bank approval or full cash payment, the buyer has 48 hours to ensure all necessary steps are taken, documents are provided and needed signatures are finalised. Failure to meet timelines will result in the forfeit of the deposits paid. 
2. Contact & Communication
All communication to the company must be sent via email to [email protected]. Any other method of communication or agreement shall be deemed void. 
3. Fees & Payments
3.1. The buyer can pay up to a maximum of AED 5,000 via card. All remaining payments must be through cash, cheque or bank transfer. 
3.2. All cheque and bank transfers are subject to clearance. 
3.3. Buyer is liable and responsible for the settlement of all Bank Fees, Processing fees, Valuation charge, Vehicle Inspections, Registration, Salik, delivery and storage if delays occur during collection or delays in final settlement. 
3.4. Alba Motors LLC is not responsible for the amount of interest the bank wishes to charge or amount of downpayment requested by the bank. This is regardless of whether Alba Motors LLC assisted in the bank application nor what is initially advertised or requested by the buyer. 
4. Insurance
4.1. The buyer agrees to ensure the vehicle insurance value is exactly as per the value noted on the bank LPO if buying the car through bank finance. 
4.2. All insurance costs must be borne by the buyer. 
5. Export
Vat refund for exported vehicles shall only be valid if the vehicle is exported within 90 days of purchase. Valid documentation must be provided in addition the value on such documents must match the actual and exact value of sale. Otherwise, VAT shall be paid to tax authorities with no possibility of a VAT refund. 
6. Accessories
Alba Motors LLC does not guarantee the availability of a spare key (or any other accessories) for the vehicle sold. If a spare is required, Alba Motors LLC may assist in providing a quote.  
7. Vehicle Condition:
7.1. Inspections must be conducted only at an RTA approved testing facility (i.e. Tasjeel). No unauthorised third party inspections shall be performed. 
7.2. The buyer has the right to request an NOC to verify any information needed from the main dealership and/or related parties. 
7.3. The buyer must request a time and location for the inspection within 24 hours through the specified contact information on this agreement. Failure to send such a request within this time frame will lose the buyer the right for a deposit refund regardless of the inspection findings. 
7.4. Any additional repairs, improvements or upgrades must be mentioned in writing on the contract. 
7.5. Inspections, service history verification and vehicle history checks must be performed within 24 hours from the payment of the deposit. 
7.6. The buyer confirms that within 24 hours of booking they have seen, inspected, verified history and accepted the vehicle in its current as is condition with all its flaws & defects if any. 
8. Refund & Return Policy: 
8.1. The deposit is refundable in the condition that the RTA inspection shows major mechanical defects, making the vehicle not roadworthy. However, the deposit shall not be refunded if Alba Motors LLC agrees to repair the defects upon sale & final settlement. Wear & Tear, consumables as well as service related items shall not be considered as major mechanical defects therefore shall not grant a deposit refund if requested. 
8.2. The deposits are refundable in case the RTA inspection finds that the vehicle was involved in a major accident affecting its structure and safety. However, the deposit shall not be refundable if the inspection finds visual defects (scratches & dents) and refurbishment repaint work. 
8.3. The deposits are strictly non refundable in case the buyer does not proceed with the purchase of the vehicle unless the above terms apply. This includes if the bank finance is rejected or if the finance terms are not up to the expectations of the buyer. 
8.4. Any request for change of vehicle at a subsequent date is strictly subject to Alba Motors approval and discretion and may result in forfeiture of deposit as mentioned in clause 8.3 and 8.6.
8.5. Alba Motors LLC holds a strict no refund and no return policy for any vehicle or third party service sold. 
8.6. All payments made regardless of value are considered as deposits towards the purchase of the vehicle and can all be subject to forfeit subject to the conditions of this agreement. 
9. Warranty & Servicing: 
9.1. All vehicles are sold in as is condition with no guarantees or warranties directly by Alba Motors LLC. This includes all visible and hidden defects, damages or repairs. Alba Motors LLC is not responsible or liable for any current or future defects and damages that may occur. 
9.2. Any warranty provided or sold is strictly with third party providers. The warranty provider has sole discretion and responsibility in relation to coverage. 
9.3. Any service contracts provided or sold is strictly with third party providers. The warranty provider has sole discretion and responsibility in relation to coverage. 
9.4. Alba Motors LLC has the right to replace the warranty & service contract provider/s at any time with at their own discretion. 
9.5. Warranty renewal must be requested annually within 30 days of each policy expiry date. Failure to make a formal request through the contact methods provided, within the specified time, can result in the warranty being voided with no refunds issued. 
9.6. It is the sole responsibility of the buyer to follow the warranty provider instructions including (but not limited to) servicing the vehicle at the specified service centers. 
9.7. Alba Motors LLC is not liable in case the third party warranty and service contract providers do not honour the agreement or face bankruptcy or clouser. The buyer has the right to follow lawful methods and can hold the suppliers directly liable through courts. 
9.8. Buyer understands that vehicles sold may require immediate servicing.
9.9. Any dealership information provided such as history, warranty and service contracts are verbally communicated by the first owner or dealerships. Thus, such information must be verified by the buyer and Alba Motors LLC does not guarantee the accuracy of this information.
9.10. Vehicles over 150,000 Kms will not be eligible for warranty renewal.
10. Trade Ins
Trade ins are considered as a separate deal. Alba Motors LLC has the right to refuse trade in or adjust the trade in value if any defects are discovered. This shall not in any way have an impact on the vehicle sold by Alba Motors LLC.
11. Handover
11.1. Vehicle sold will be handed over to the buyer upon completion of all payments, formalities and necessary checks. This process may take up to 7 working days. 
11.2. All specially requested work, will be performed after all dues have been paid and the vehicle is registered under the buyer’s name. Buyer agrees to provide all the necessary time to conduct such work. 

12. Consent
Buyer understands, agrees and gives consent that any video and/or photo footage taken may be shown and posted publicly on social media and other online portals of the company as a form of advertising. The buyer will be formally notified in such an event. 
13. Governing Law & Disputes
Both parties (Buyer/Customer & Seller/dealer) agree that any dispute or claim relating in any way to this agreement with Alba Motors LLC, or to any products or services sold by Alba Motors LLC will be resolved by binding arbitration and within the laws of the UAE.

I agree that I have read and understood the conditions above.
Request a Car: You can request a car on the Digital Platform. This is a form which can be filled by potential car buyers who are looking for a specific model which may not be available in the market. This information is then passed on to other dealers through our leads segment within the Dealers App or other means. The customer acknowledges, gives consent and agrees for the information provided along with their contact details to be publicly displayed for dealers purchase.
Warranty: You accept and undertake to buy warranty coverage for your vehicle from third party suppliers. The Company shall not in any manner be responsible for or liable to any warranty claims whatsoever including claims for rejection of warranties by third parties or resulting from any policy. The User agrees, accepts and acknowledges that it shall not hold the Company liable whatsoever for any requirements imposed by the warranty provider prior to issuing the policy. The User further agrees, accepts and acknowledges that, in an event that the warranty provider refuses, fails or does not provide the User with a policy, the Company, its management or its operational team shall not held liable for any such reason whatsoever.
Service Contract: Vehicle owners can opt to acquire service contract coverage for their vehicles from third party suppliers listed on Digital Platform from time to time. The Company shall not in any manner whatsoever be responsible nor liable if the third party service provider chooses to reject the contract coverage at anytime for any reason whatsoever.
Service History: Vehicle owners can request a summary of their vehicle’s service history from the main dealer. The dealership will send the requested service history to the Company via email, which will in turn be shared with the customer. You hereby agree, accept and acknowledge that each and all information pertaining to yourself and the vehicle are true and bonafide and that you are solely and entirely liable for any false or misleading information provided. The Company shall not be liable in any manner for any delays caused and you agree and accept that Company does not and cannot guarantee a timeline as to when such information will be provided or if such information is inaccurate.
In order to obtain this information, you agree and confirm that you are the owner of the vehicle or have legal consent from the owner. We are not liable in any manner whatsoever if information provided from the dealership is incorrect or if no history is available for the vehicle. We will not offer any refund in such instances.
Offers and Deals: Offers and deals may or may not relate to vehicle services. The offers are posted by us or on behalf of third party suppliers. We are not liable in any manner whatsoever for the end services or good provided.
Financing: Users are required to provide all necessary information in order to ascertain whether they qualify for bank finance. Submitting this information does not in any manner whatsoever guarantee any approval or rejection of any approval from any bank.
Smart Tenders: Smart Tenders covers several segments dealing with car services and repairs including body work, oil change, tinting, insurance, and more. The Users are required to post the desired job, job date and schedule when they wish the post to appear on Digital Platform. The supplier is notified of the request and the time available for them to make a bid live on Digital Platform. Suppliers may or may not provide the same offer as exactly requested by User. For instance, suppliers may have offered a package deal or a bid with different offer from what was requested. The user must thoroughly review the supplier’s offer in detail and must not make any assumptions of any kind.
Users can choose their preferred offer from star rated suppliers (star ratings are based on reviews and ratings of other users). Users accept, agree and acknowledge that star ratings do not guarantee nor assure any indication of benchmark of supplier’s quality. Once the supplier has been selected users are required to pay on the Digital Platform. Subsequently, the User must contact the supplier to initiate the job. If the job is not conducted within the date requested, they may NOT be eligible for any refund. In the event, the quality of job is unsatisfactory, the User must directly deal with the Supplier. User hereby agrees, accepts and consents not to bring any claim of any kind whatsoever on the Company or its management or operational team. Jobs accepted after three days of bid can be subject to cancellation or price change.

PROPRIETY RIGHTS AND INTELLECTUAL PROPERTY 

The Digital Platform’s team does respond to infringement and related notices and claims of alleged copyright infringement or other related infringements or violations under the Digital Millennium Copyright Act as well as other applicable regulations in the United Arab Emirates. The Digital Platform’s legal team works to comply and further ensure that items and content using our Digital Platform do not and are not infringing upon the copyright, trademark, or any other kind of intellectual property rights or other legal rights of third parties. If you have a reason to believe that your intellectual property rights have been infringed, targeted or compromised in any manner, please notify our team and our legal team will undertake necessary investigation.

Except for the rights expressly granted under these Terms and Legal Policies, any and all information and content, media of any kind (this includes without limitation text, codes, graphics, numerical, logos, images, audio or video files, digital downloads, meta description, software, applications, and intellectual property of any kind whatsoever) is the property of the Company or it’s licensors. We (or; our licensors, where applicable) retain and own all rights, title, benefits, interests in and to the Digital Platform and services the Company provides.

You possess ownership rights with regard to the content (including videos, and images), and information that you assign to the Digital Platform. However, you agree, accept, acknowledge, and grant to the Company an irrevocable, perpetual, global, non-proprietary, royalty-free, sub-licensable and transferable license to employ; produce; distribute; disseminate internally, either within Digital Platform or with third parties; produce derivative works modelled on the aforementioned content; and, display your content for promotional and redistribution purposes, either in part or in full, in any form whatsoever, and whether existing, or available in future.

You agree, accept and acknowledge that you have no right whatsoever to use any of our trademarks without our prior written consent. All rights that are not expressly granted to you in these Terms are reserved and retained by us (for ourselves or on behalf of our licensors).

You own ownership rights in the content (including videos, and images), information you submit on Digital Platform. However, you agree, acknowledge, and grant to Company an irrevocable, perpetual, global, non-exclusive, royalty-free, sub-licensable and transferable license to use, produce, distribute, share internally within Digital Platform or with third parties, prepare derivative works or copies, and display your content for promotion and redistribution of your content (whether in part or full) in any form whatsoever and whether existing or may be available in future.

ACCESS TO DIGITAL PLATFORM 

Your visit, use, access, and your rights to Digital Platform is subject to these Terms, are limited and non-exclusive, and revocable in nature. This license however excludes Company appointed Licensors, web aggregating tools and websites, data miners, robots, spiders, and websites or digital platform that link or promote the Digital Platform as may be agreed or licensed upon by the Company from time to time. Any unauthorized, or illegal use of the Digital Platform may result in – (a) immediate termination of any permission or license(s) granted pursuant to these terms; (b) legal action by Company or its appointed counsel who may take an action acting in the best interest of Digital Platform.

The Digital Platform may be integrated with social media profiles such as Facebook, Google, Twitter, Instagram and other popular social media sites. Each of these social media websites and apps are independent entities with regard to the Company, with their own privacy policy established and managed by them.

Use or access to certain functionalities of the Digital Platform may require you to register, either using your e-mail address or your social media account. In the event, you opt to register using a social network, you authorize Digital Platform and the Company to access and use certain information and variables depending on the privacy settings that you may have selected in the corresponding social network. You represent, accept and warrant that, for each and all such content you provide, submit, upload, or otherwise share, you own or otherwise control all necessary rights, licenses, written consents to do so and to meet your obligations under this User Agreement. You further represent and warrant that such content is and shall at all times be true and accurate. You also represent and warrant that use of any such content (including derivative works) by us, our users, our licensors, or others in contract with us, and in compliance with this Terms, does not and will not at any time infringe upon any intellectual property rights of any third party or parties. The Digital Platform takes no responsibility whatsoever and assumes no liability for any content provided by you or any third party.

Access to Digital Platform is also subject to the following terms:

1.1. At the time of registration, you must provide the Company or the Digital Platform (as the case may be) with complete and accurate details before using the Digital Platform for any transaction. The Company reserves the sole and exclusive right to request any information or documents it may deem fit to authenticate and validate registration status of any user or visitor. The Company further reserves the sole right to reject, delete or remove any registration (including posted content in any form whatsoever) that does not meet the required criterion set out in these terms, in the guidelines or forms part of Digital Platform and the right to delete any material (whether in part or entirety) it may find inappropriate or violates the applicable law.


1.2. Every user who has successfully registered on the Digital Platform and has agreed to these Terms, has received a confirmation from the Digital Platform or the Company (or; any service provider appointed by the Company) shall be deemed to be the authorized user of Digital Platform (the Authorized User or Users). The Authorized Users shall at all times ensure the following. Every Authorized User shall:


a. be at least of 18 (eighteen) years of age and able to enter in to binding contracts (Company may contact Authorized User at any time requiring him/her/them to prove age using a photocopy of an identity card or equivalent. If the Authorized User(s) deny providing identification, the Company reserves the right to close user(s) profile and stop them from using the service or the Digital Platform);


b. post content, images or items in appropriate category or area of the Digital Platform;


c. in cases where Authorized User is acting on behalf of third party or persons (as the case may be), not place any details, information, comment that are covered pursuant to Digital Platform’s ‘Restricted and Prohibited Items Policy’ or share confidential or sensitive information without the prior written consent of the principal;


d. not violate any applicable law or laws, third party rights and interests or Digital Platform’s Terms including without limitation ‘Restricted and Prohibited Items Policy’;


e. not post any information, image, link, file or data of any sort whatsoever that is fake, obscene, discriminatory, threatening, false, misleading, defamatory or libelous, violates any law or is restricted by any applicable law;


f. not Use the Digital Platform for ascertaining search engine optimization techniques adopted by Company for its own commercial or personal or learning purpose(s) or for a website, application or platform competing with Digital Platform including keywords, meta description, designs and layout included in the Digital Platform;


g. not collect (or; attempt to collect) details of other Authorized users without the consent of the Company;


h. infringe the copyright, trademark, industrial property, patents, publicity, moral, database, and/or other intellectual property rights that belong to or are licensed to the Company or the Digital Platform (as the case maybe). Some, but not necessarily all, actions that may constitute infringement are reproducing, retransmitting, performing, displaying (whether electronically or otherwise), distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Digital Platform or someone else;


i. manipulate the price, weight, packaging or true information of any item or interfere with any other user's listings or content;


j. take any action that may undermine the feedback or ratings systems;


k. use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Digital Platform;


l. interfere with the functioning of our services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;


m. not sell, assign or transfer their login details to any Person without the prior written consent of the Company; or


n. not create multiple usernames (whether currently available or available for registration in future), distribute viruses, malware, Trojan, carry out denial of service or distributed denial of service attacks (DDOS), add/infect/distribute or otherwise code programs that may harm the Digital Platform or visitors or their systems; spam the Website or any webpages therein including, forums and boards, comments and related areas.


APP INSTALLATION 

The Company grants a limited, non-transferable, non-shareable, revocable, and non-exclusive license to use the Alba Cars application available on iOS App Store, Google Play, and other stores (whether available currently or; in future). The installation of app may be free or chargeable as per information displayed in the relevant application store.

The Company makes no warranty that your access to the App will be uninterrupted, timely,consistent or error-free. Due to the nature of the Internet, this cannot be guaranteed in any manner whatsoever. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.

Access to the App may be suspended or withdrawn to or from you personally or all users by the Company or Digital Platform’s team temporarily or permanently at any time and without any prior notice. We may also impose restrictions on the length and manner of usage of any part of the App for any reason. If we do impose restrictions on you personally, you must ensure that you shall not attempt to use the App under any other name or user or on any other mobile device.

Prior to actual installation and execution, you are required to accept requisite permissions. The Company reserves the right to request additional permissions in future (or; at any time) to carry out additional functionalities, actions, alterations, modifying designs or the source code. Failure to abide by these permissions may result in permission or uninstallation of the application.

LIMITATION OF LIABILITY 

You hereby release the Company, its officers, directors, agents, the Digital Platform, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising between you and any suppliers, or between you and other Digital Platform users.

Every Visitor to the Website (including Authorized User and all others) do understand and hereby agree and acknowledge that:-

i . The Digital Platform and the Company (individually as well as collectively) are not responsible nor liable for any indirect loss, consequential loss, loss of profits, revenue, data or goodwill howsoever arising suffered by any visitor, Authorized User, or person(s) authorizing the Authorized User, in any manner whatsoever in connection with this Terms, marketing, advertisement, sale or for any liability of a visitor (including Authorized User, owner or person(s) authorizing Authorized User) to any third party.

ii . Each visitor including Authorized User, or Person authorizing the Authorized User and Unauthorized User shall in the event of any litigation ensure that it does not make Digital Platform, Company or Company’s management, Company’s employees a party to any claim, court filing, arbitration, dispute or mediation and do hereby fully release and discharge the Digital Platform, Company and Company’s management, Company’s employees from any and all claims (including past as well as future claims) including loss of reputation, loss of goodwill, loss of monies or any special, indirect or consequential damages arising directly or indirectly out of use or inability to use the Website, services and tools.

iii . The Digital Platform shall not be responsible for any copyright or intellectual property infringement and data, material, images or content uploaded by a visitor is at its own risk.

iv . Digital Platform or Company do not guarantee continuous or secure access to its services, website, webpages, apps or tools, chat, forums and other features (whether currently available or; to be made available in future) on the Digital Platform. To the extent legally permitted, all implied warranties, and terms and conditions are hereby specifically excluded.

v . The information provided on the Digital Platform is for reference purposes only and cannot be treated as evidence for matters relating to court or arbitration disputes or for valuation purposes.

vi . No visitor or Authorized User shall without the prior written permission from Company, use the Digital Platform, logo, screenshots or content on any promotional materials such as business cards, flyers, labels, banners (whether online or physical store banners), websites, goods including supplies, garments, etc.

GENERAL 

* No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Terms.

* This Terms and the documents referred to in this Terms contain the whole agreement between the Parties relating to the transaction contemplated by this Terms and unless otherwise agreed in writing, supersede all previous agreements between the Parties relating to this transaction.

* Any notice or other communication to be given under this Terms shall be in writing and in the English language, and shall be delivered personally, or sent by email or facsimile. Any such notice shall be deemed given by fax or email as evidenced by transmission/sent receipt.

* You shall do or procure to be done all such further acts and things and execute or procure the execution of all such other documents as may be required for the purpose of giving the Company the full benefit of the provisions of this Terms.

* No written or oral representation, correspondence or statement, promotional or sales literature shall form part of or be incorporated by reference into this Terms.

* In case any provision in this Terms shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.

* The failure of a Party to insist in any one or more instances upon the strict performance of any of the provisions of this Terms or to take advantage of any of such party’s rights hereunder shall not be construed as a waiver of any of such provisions or the relinquishment of any such rights, which shall continue in full force and effect.

* This Terms shall be binding upon and shall accrue to the benefit of the Parties and their respective successors and permitted assigns (including where applicable successors in title).

* You acknowledge, agree in full, and accept that the responsibility to evaluate, assess, check and bear each and all risks associated with, the use of Digital Platform (this includes without limitation each and all content and information of vehicles available thereon) lies solely and exclusively with you and that the Company or Digital Platform shall not in any manner whatsoever be liable to any loss or damage of whatever type or kind.

* For contents that you have posted, uploaded, sent (including any images, video or media of any type) you agree, accept, acknowledge and warrant that you are solely and entirely responsible for your content and that you have each and all necessary rights (including intellectual property rights), consents, licenses, approvals, no-objections and permissions to make your content available on the Digital Platform.

* Company shall have the right to assign or transfer this Terms or any part thereof in any share or interest therein and the Visitor hereby consents to such assignment or transfer.

GOVERNING LAW 

The Terms shall be governed by the laws of Dubai, United Arab Emirates.

Last Updated (February 2021)

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