Terms and Conditions and Policies
1.2. Use of the Site: You understand that, except for information, Products or Services clearly identified as being supplied by us, we do not operate, control or endorse any information, Products or Services on the internet in any way. You further understand that certain information, Products or Services offered through the Site are offered by third parties and we do not accept any liability or responsibility for third party content, and we are under no obligation to monitor the Site or the Contents thereof.
We grant you permission to use the Site subject to the restrictions in the Terms & Conditions. While we specifically preclude all users from posting and/or submitting Content that is offensive, indecent, untruthful, inaccurate, objectionable, defamatory or otherwise inappropriate you may nevertheless be exposed to it.
Where we offer a search feature within the Site, we explicitly disclaim any responsibility for the content, availability, completeness or accuracy of information contained within our search index or directory or any search result.
You assume total responsibility and risk of your use of the Site. We do not make any warranties whatsoever (whether express or implied, including without limitation, implied warranties of Vendor ability or fitness for a particular purpose) regarding the Services or any merchandise information or service provided through the Site or on the internet in general. You further understand and agree that we shall not be responsible or liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site. We also disclaim any and all liability for any damages resulting from your interaction with any of the advertisers, administrators or users of the Site.
You also understand that we do not guarantee or warrant that the Site or any materials available for download through the Site will be free from infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to ensure the safety of your device and for maintaining a means (external to the Site) for the reconstruction of any lost data.
We reserve the right, at any time, for any reason and at our sole discretion, to modify, update, or discontinue the Site without notice or liability.
1.3. Restrictions on Use: You may access the Site for your personal use only and in order to protect our Site from being misused, we have made some rules that have to be followed by every single user.
We reserve the right to suspend or terminate your use of the site and/or your account if we find you to be in violation of any Terms & Conditions contained herein or for any other reason in our absolute decision.
By accessing and using our Site you acknowledge and agree that you WILL NOT engage in the following activities:
• Modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Content; • Use or attempt to use any Content published on the Site to create any web site or publication or searchable database; • Mirror or frame any website or page within the Site; • Use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Content on the Site or generate or compile any document, index or database based on the Content published on the Site; • Transfer or sell any information, functionality or Products or Services offered on the Site; • Undertake any other action which is in violation of the Terms & Conditions (or other terms and conditions and policies referred herein) or any applicable law.
2.2. Account Security & Protection: It is your sole responsibility and obligation to maintain the confidentiality of your passwords for your account with us. Furthermore, you are solely and fully responsible for any and all activities that take place in relation to your account. You confirm and undertake that all information you provide us in relation to the account is true, current, complete and accurate and that you will notify us of any changes to such information. If we have reasonable grounds to believe that you have provided information which is untrue, inaccurate, and not current or not in breach of these Terms & Conditions we reserve the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
In the event you suspect or become aware of any unauthorized use of your account, you undertake to immediately notify us of such unauthorized access and use. We have the sole discretion to take whatever action we deem necessary in respect thereof, including but not limited to suspending or closing your account with us. We shall not be liable for any loss or damage which may arise as a result of any failure by you to protect your password or account.
You undertake that you will hold harmless and indemnify us from any claim, suit or action arising from or related to the use of the Site or violation of this Agreement and the applicable policies and terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
2.2. Who is Eligible: You must be a minimum of 18 years of age in order to use the Site and/or create an online account with us. If you are between the ages of 14 and 18, you need to procure parental consent and supervision to use the Site. Alternatively, your parents or legal guardians may transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption, the sale or purchase of which to/by minors are strictly prohibited. The use of and access to the Site is strictly prohibited in the event we have restricted or banned you from the Site for any reason whatsoever.
If you meet the eligibility criteria and you decide to open an online account with us, additional Products and Services may be made available to you and you agree to receive electronic communications about them. By choosing to utilize the membership only Products and Services, you agree to abide by any additional terms and conditions of those specific Products and/or Services.
In the event you are browsing through and/or using the Site on behalf of a corporate entity, you represent, warrant and undertake that you are authorized to act on behalf of such entity. Those who choose to access this Site from outside UAE are responsible for compliance with local laws.
To the extent you do not meet the eligibility criteria set herein, we may, at our sole discretion, restrict or block your access to and use of the Site and seek any other remedies legally available to us. We further reserve the right to exercise whatever lawful means we deem necessary in order to prevent unauthorized access to or use of the Site.
3.1. We strive to provide excellent services to our valued customers which shall include liaising with merchants in case of any service conflicts or fraudulent activities, however, we do not offer refunds on online deals and promotions voucher purchase. The listed cases are but not limited to Repeated Purchase, Voucher Expiry, change of mind, Accidental Purchase or any other reasons.
The Site and the Contents thereof are presented to you on an “as is” basis. We make no representations, warranties or undertakings of any kind (whether express or implied) as to the functionality of the Site; uninterrupted availability of the Site and the Contents thereof; the accuracy, completeness, quality, usefulness, safety or intellectual property rights of any Content on the Site; and the merchantability, quality, or fitness for a particular purpose of the Products and/or Services.
In no event shall we or our subsidiaries or affiliates or any of our respective employees, officers, directors, agents, merchants, partners, third-party content providers or licensors, or any of their officers, directors, employees, or agents be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use, the Site, the Products and /or Services or any information, or transactions provided on or downloaded from the Site, or any claim attributable to errors, omissions, or other inaccuracies in the Contents and/or materials or information available on the Site.
We shall not be liable for and are excused from any failure to perform or for delay in the performance of our obligations under these Terms & Conditions due to causes beyond its control, including without limitation, interruptions of power or telecommunication services, acts of nature, governmental actions, fire, flood or natural disaster.
5.1. You agree to indemnify, defend and hold harmless Carsaki, its officers, directors, employees, agents, licensors, suppliers and any third party information or service providers of the Site from and against all losses, expenses, damages and costs, including legal costs and attorneys' fees, resulting from (i) any violation of this Agreement (including negligent or wrongful conduct) by you or your use of and access to the Site; (ii) the infringement (by you or any third party using your account) of any intellectual property or other right of any person or entity.
5.2. We reserve the right to release User information (whether current or past User) if we believe that a User’s account is being used to commit unlawful acts, if the information is subpoenaed and/or if we deem it necessary and/or appropriate for any reason whatsoever.
6.1. The Contents of the Site, including but not limited to visual interfaces, interactive features, graphics, logos, design, images, audio clips, videos, music, compilation, computer code, products, software, and all other elements and components of the Site are owned or licensed property of Carsaki or its suppliers, licensors and other third parties and are protected by local, regional and international copyright and trademark laws.
7.1. The Vendor Voucher is only applicable for the merchandise sold by the Vendor. The Voucher can not be used to cover handling/shipping costs.
7.2. For any loss or theft of the Voucher(s), Carsaki and the Vendor will not be responsible and will not offer any form of compensation for consumer negligence.
7.3. The Voucher can not be sold, reproduced or traded unless it has been approved or prohibited by applicable law.
7.4. The Voucher will be rendered null and void if there is an attempt to redeem it opposing the terms and conditions.
7.5. If the Voucher is redeemed for less than its face value, you will not be entitled to any cash or credit equal to the difference between the face value of the Voucher and the amount the Voucher was redeemed for.
7.6. Only ONE Voucher can be used per redemption unless the Vendor has mentioned otherwise.
7.7. Combination of the Voucher with any other vouchers, promotions or coupons is not permissible unless it has been specified by the Vendor.
8.1. These Terms & Conditions and any other Agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the United Arab Emirates. Any dispute which may arise out of or in connection with these Terms & Conditions shall be referred exclusively to Dubai Courts.
8.2. With this you agree to bind yourself with these terms and conditions herein and also to our general terms and conditions of use and sale where it applies to services offered by us.
• Content means text, images and photos, audio, video and all other forms of data or communication that is submitted to or transmitted through the Site.
• Communication Services means interaction between you and us, our affiliates, advertisers, third parties and other users through agreements, online forms, IVR, electronic requests and enquires, bulletin boards, blogs, competition entries, online forums, inbound phone number services and other forms of electronic messaging.
• Customer means any person who purchases or receives any the Service(s);
• Site means Internet website located at http://www.carsaki.com and owned by Carsaki FZCO (“Carsaki”) which offers adverting services as well as Services and Products from third party providers related to automotive industry.
• Services means the services that Carsaki and/or third-party providers are in the business of providing to customers related to automotive industry and which are marketed and made available to the public through the use of our Site.
• Vendor means any third-party provider who offers Products of Services related to automotive industry through the Site.