The Ocean Digital Marketing, a company incorporated under the laws of Dubai Economic Department with registration number [1115977] and having its registered address at The Iridium Building, Office # 228-12, Umm-Suqeim St, Al Barsha, Dubai, UAE( hereinafter referred to as "we", "us", ”CarsOcean”).
The following terms and conditions shall apply to any individual who uses the Purchase Assist Services provided by CarsOcean with respect to the purchase of a vehicle (hereinafter referred to as the "Buyer” or "you”) on CarsOcean’s website www.carsocean.com( the "Website”).
By using CarsOcean you agree to be bound by all terms and conditions contained hereinafter (the “T&C”). If you do not agree with the T&C at any time, you will discontinue your use of the Website.
CarsOcean reserves the right to update or revise the T&C at its discretion and without notice. You are responsible for checking the T&C periodically for changes. If you continue to use CarsOcean following the posting of any changes to the T&C, you agree to be bound by these changes. In addition, when using particular CarsOcean services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the T&C. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing vehicles and/or related services that you have read about on CarsOcean, you should confirm any information (including the price) that is important to your purchasing decision. CarsOcean is not responsible for any hidden defects nor makes any warranty, express or implied, or endorsement regarding any vehicles being posted for sale on CarsOcean or as to any of the related services that are being offered through the Website.
CarsOcean reserves the right to deny use of this website to anyone who does not comply with these requirements or who otherwise uses this website in a manner that the operators of CarsOcean deem inappropriate. CarsOcean reserves the right, but assumes no obligation, to delete, move, or edit any listings or postings on the Website.
1. DEFINITIONS
"Acquired Vehicle" shall mean the Vehicle acquired by the Buyer upon Completion;
"Completion" means the payment of the purchase price for the chosen Vehicle, along with all necessary fees and charges, and the transfer of registration/title to the Buyer;
"Port of Destination" means the port selected by the Buyer for the delivery of the Acquired Vehicle as set out in the [Application Form];
"Purchase Assist Service" shall mean the [package selected] by the Buyer in consideration of a fee to be paid to CarsOcean that includes the management fee of CarsOcean as being the facilitator/intermediary between the Buyer and/or the Seller and/or the relevant Service Provider;
"Registration Data" shall mean certain personal and financial information that you are required to provide in order to complete the [Application Form] and subscribe to the Purchase Assist Services, such information can include without limitation a copy of your passport, address, telephone number and email.
"Seller" shall mean any individual or any company or any dealer who offer a vehicle for sale on the Website;
"Service Fee" means the fee payable to CarsOcean for the Purchase Assist Services;
"Service Provider" shall mean third party companies engaged with CarsOcean to render certain services required by the Buyer and/or the Seller, including but not limited to inspection, repair, shipping, support, etc.;
"Shipment Date" including the agreed upon shipment time, is the agreed upon delivery date offered on the Website, unless there are reasonable circumstances delaying the shipment of the Acquired Vehicle, whereby CarsOcean will inform the Buyer about an updated Shipment Date;
"Vehicle" shall mean any vehicle posted on the Website by the Seller;
"Website" shall mean CarsOcean's website: www.carsocean.com;
"Working Hours" shall mean any hour between 9:00am and 7:00pm from Monday to Friday.
2. BACKGROUND
CarsOcean is an online vehicle market for buyers and sellers across the Emirates and the also generator of export demand for the region. CarsOcean is not the (legal) owner of the vehicles. CarsOcean is not a car dealer or a seller, we offer Seller’s a platform to offer vehicles for sale to potential buyers and facilitate the buying and selling process between the Buyer and Seller.
As a registered and activated member, you will have the privilege to view vehicles on the Website and to benefit from the services provided by us. All vehicles are for final sale, whereby a final price will be displayed and the car purchase transaction can be completed right away.
3. PURCHASE ASSIST SERVICES
By registering on our Website, subscribing to the Purchase Assist Service and paying the Service Fee, CarsOcean will assist you in the purchasing process from the time you select your Vehicle through inspection and delivery to the final Port Destination selected by you. [The Service Fee payable to CarsOcean for the Purchase Assist Service is deemed earned upon receipt and shall not be refundable.]
A. Purchase of Vehicle.
CarsOcean will serve as the intermediary/facilitator between you and the Seller and CarsOcean will handle all communications with respect to the chosen Vehicles(s) with the Seller and relevant Service Providers to make your purchase efficient and seamless.
CarsOcean is not affiliated with any Seller and does not take a position on whether you should, or should not, purchase the Vehicle. CarsOcean [does not verify that the Seller is legally authorized to sell the Vehicle] and is not responsible for any representations made by the Seller. The information posted on the Website by the Seller with respect to any vehicle is the sole responsibility of the Seller. CarsOcean is not involved in and does not review or verify any advertising post placed on the Website by the Seller. CarsOcean disclaims all liable for any false, misleading or incorrect information posted on the Website by the Seller.
B. Inspection.
Inspection of the vehicle chosen by the Buyer shall be completed by a third-party inspection company and is only guaranteed for 14 days from the time the inspection was made. If the odometer reading changes between the date of the inspection until the date the Buyer purchases his/her vehicle, CarsOcean shall not be held responsible. In the event the car is purchased after 14 days from the initial inspection; another inspection is recommended and the inspection fees for the subsequent inspection shall be payable by the Buyer prior to the inspection.
The Purchase Assist Services include the provision of inspection services for up to two (2) selected Vehicles. The inspection services shall be carried out by a Service Provider from the list of inspection Service Providers selected by CarsOcean. The Service Provider shall inspect the selected Vehicle based on what the inspectors can subjectively observe. The inspection service shall not include a complete and total inspection of the Vehicle. The inspectors will not use hoists or tools to dismantle the vehicles. The inspection service is a visual inspection of all reasonably accessible items only and some problems may not be observable during the inspection, and only includes an on- site evaluation of the vehicle’s engine, tires, odometer and interior. Furthermore, the Inspection shall not include checking or verifying the history of the Vehicle (including but not limited to previous accident history, information about the previous owner(s) of the Vehicle, and jurisdictional information such as where and when the Vehicle was previously purchased, etc.). The Service Provider shall provide the Buyer with a report including the vehicle description, general conditions, specs, warranties, summary, pictures, etc. Where possible, the inspectors will test drive the vehicle, but if this is not feasible, a test drive will not be conducted. CarsOcean is only facilitating the Vehicle inspection services on your behalf and is not liable for any incorrect or deficient inspection reports.
The inspection is only guaranteed for 14 days from the time the inspection was made. Because a Vehicle's condition may change between the time the inspection is conducted and the actual purchase of the Vehicle, we recommend having the inspection completed as close in time to the purchase as possible. In case the vehicle is purchased after 14 days from the initial inspection; another inspection is recommended and an additional fee shall be paid by the Buyer. Therefore, we recommend that the Buyer be careful and that he/she exercises good judgment when making any purchase through the Website.
Vehicle Remains "As Is" Because the vehicle being inspected is a "used" vehicle, you agree that, even after inspection, you will be purchasing the vehicle in an "as is" condition, unless otherwise warranted by the Seller.
The inspection report is not a substitute for any safety or other inspections that may be required by applicable laws in your jurisdiction. You acknowledge and agree that the inspection does create any warranty for any vehicle you may purchase and that your right to recover for any defects in the vehicle, whether or not disclosed in the inspection report, is limited to any warranty the Seller may offer.
C. Deposit.
If you decide to purchase the Vehicle, you shall be required to place a Deposit amount as per the agreement with the seller of the Vehicle purchase price ( the "Purchase Price") in order to reserve the Vehicle from the Seller for a period of Seven (7) days. You understand and agree that once the Deposit Payment is remitted to the Seller, the Deposit cannot, in any way, be refunded.
CarsOcean, upon your request, may, but is not obliged to, negotiate the price of the Vehicle listed on the Website with the Seller.
You will have seven (7) days to complete the purchase of the Vehicle from the time your Deposit is paid to the Seller. In the event you fail to complete the purchase of the Vehicle within the proscribed time period, the Seller has no obligation to extend the completion period and shall have the right to retain your Deposit in full, without any further obligation or liability to you.
The Deposit shall be payable through our channels found on this Website, such as PayPal, Checkout, Stripe, or by Bank Transfer to the CarsOcean account in the United Arab Emirates.
CarsOcean shall have no obligation to remit the Deposit to the Seller until (a) you have subscribed to the Purchase Assist Services and paid the requisite fees to CarsOcean and (b) CarsOcean has received the Deposit in cleared funds into its account.
Once CarsOcean receives the Deposit, you will be notified that the Deposit is received and CarsOcean will provide you with the copy of the receipt from the Seller for the Deposit remitted to the Seller for the selected Vehicle.
D. Purchase and Transfer of Ownership.
Completion of the purchase of the Vehicle must be completed within seven (7) days from the date the Deposit is remitted to the Seller (the “Completion Period”).
Once you confirm that you would like to proceed with the purchase of the selected Vehicle, you shall be required to enter into a [vehicle purchase agreement with the Seller] based on the standard form of purchase agreement provided by the Seller. You shall be required to remit the balance of the purchase price along with the related costs and fees for the transfer of ownership and shipment of the Acquired Vehicle to the Port Destination before expiry of the Completion Period in accordance with the invoice provided by CarsOcean.
As part of the Purchase Assist Services, CarsOcean shall handle all processes for the transfer of ownership of the Vehicle to you [within the Completion Period], provided you have paid the Purchase Price (less the Deposit) plus all costs related to the transfer of ownership and the shipment of the Vehicle.
CarsOcean shall have no obligation to complete the purchase of the Vehicle until CarsOcean has received all required payments in cleared funds into its account.
CarsOcean shall convey title to Buyer upon shipment of the Acquired Vehicle to Buyer. CarsOcean agrees and covenants to execute all documents presented by Buyer, which are necessary to finalize transfer of title and registration (Certificate of registration, VCC, etc.) upon the Acquired Vehicle to Buyer for additional fees specified by CarsOcean on the Website.
E. Vehicle Repairs.
Upon Completion of the purchase of the Vehicle and subject to your request and payment of the relevant service fees to CarsOcean as set out in www.carsocean/com, CarsOcean will arrange for the repairs required to the Acquired Vehicle. The repairs will be performed by a Service Provider facilitated by CarsOcean ("Repair Service Center"). The cost of the repairs shall depend on the nature of the repairs required for the Acquired Vehicle and can only be determined once the Acquired Vehicle is delivered to the Repair Service Center. The Repair Service Center will provide a quotation for the repairs ("Repair Quotation") before commencing the work. If you accept the Repair Quotation, such amount must be paid in full prior to the Repair Service Center commencing the work.
If you choose to purchase the Vehicle with the intent to avail of the repair services after Completion, there is no guarantee or warranty that once the Vehicle goes in for repair that the only repairs required are those set out in the inspection report.
The Buyer understands and agrees that he/she shall be bound by the repair Service Provider’s terms and conditions. The Buyer further understands and agrees that CarsOcean is only a facilitator and is not involved in the repair works to be performed to the Acquired Vehicle as requested by the Buyer and does not warrant or guarantee the outcome of the repair services performed by any Repair Service Center approved/selected by the Buyer. CarsOcean shall not be liable to the Buyer for the outcome of any repair services requested by the Buyer.
F. Shipping.
Shipping will be carried out by one of our shipping partners depending on the best price and the container or shipping method’s availability. We will use our commercially reasonable efforts to get the Acquired Vehicle shipped from UAE to the Port Destination as early as possible but CarsOcean shall not be responsible or liable to the Buyer in the event of delays due to availability of container spaces, shipping liner issues, delays in receipt of funds, cancellation of container bookings by the shipping company, or any other shipping related matters. You understand and agree that CarsOcean is not a shipping company and is only arranging and facilitating the shipment of your Acquired Vehicle as a service to you.
The shipping fee and any other fees and expenses (“Shipping Costs”) related to the shipment of the Acquired Vehicle shall be borne by the Buyer. Subject to receipt of payment by CarsOcean of the Shipping Costs in full, CarsOcean shall use its commercially reasonable efforts to arrange shipment of the Acquired Vehicle to the Port Destination as soon as possible.
You understand and agree that you shall be bound by the shipping Service Provider terms and conditions with respect to the shipment of the Acquired Vehicle.
You understand and agree that due to limited container space availability, prices may vary between the time CarsOcean provides a shipping quote unit the time of the actual shipment is concluded. In this case, the revised shipping rate will apply and you agree to be responsible for all Shipping Costs, as revised, with respect to the shipment of your Acquired Vehicle.
You further understand and agree that shipping schedules may vary from week to week and while CarsOcean will use its commercially reasonable efforts to arrange the shipment in accordance with your requirements, CarsOcean is not responsible for any delay in shipping or changes to the shipping schedules, from time to time.
Unless otherwise agreed as a separate engagement with CarsOcean, you are responsible for confirming and providing the Port Destination to CarsOcean prior to CarsOcean arranging the shipment of the Acquired Vehicle. You shall further be responsible for providing CarsOcean with a list of all documents that you will require at the Port Destination in order for the Acquired Vehicles to clear customs to enter your jurisdiction. CarsOcean shall not be responsible or liable for any missing documentation once the Acquired Vehicle has been shipped from the UAE. You shall be responsible for clearing the Acquired Vehicle at the Port Destination. You shall further be responsible for all port charges at the Port Destination as well as all requirements for registration of the Acquired Vehicle at the final jurisdiction destination.
Where separately agreed with the Buyer, CarsOcean, may be engaged to assist with arranging the clearance of the Acquired Vehicle with a service provider at the Port Destination.
Delivery of Acquired Vehicle. Once Buyer’s payment has been received on CarsOcean’s bank account, CarsOcean shall ship the Acquired Vehicle to the Buyer’s confirmed destination.
It is the Buyer’s duty to appear at the agreed upon delivery location on the Shipment Date. CarsOcean might send a pick-up code to the Buyer, which the Buyer, or anyone the Buyer has given the pick-up code to, can use to pick-up the Purchased Vehicle from the CarsOcean (or from the agreed upon Shipment) location. As the Buyer is the only recipient of the pick-up code, it will authorize release of the Purchased Vehicle to anyone presenting this code to CarsOcean. CarsOcean will consider anyone with the pick-up code as being authorized by the Buyer to pick up the Purchased Vehicle.
G. Communications.
CarsOcean will be available to assist you during Working Hours through access to our "Call Service" set out on this Website or through our "WhatsApp Service" where you can call or chat with our customer service representatives with respect to any enquiries you may have with respect to the purchase of your Vehicle and the status of the Services provided by CarsOcean. You undertake and agree that these calls and chats will be recorded for quality assurance.
All communications with the Seller shall be made through CarsOcean exclusively. If you contact the Seller directly to negotiate the Purchase Price or throughout any stage of the purchasing process, the Purchase Assist Services subscribed to by You shall automatically terminate and (a) the Service Fee paid by you shall be forfeited in full (you agree that you shall not be entitled to any refund) and (b) CarsOcean shall have no further obligation to assist you in the purchase of the Vehicle. This is a strict policy of CarsOcean in order control the transaction and to avoid any misunderstandings, hidden costs or miscommunications between the Buyer and Seller. In this case, the transaction must therefore be completed directly with the Seller, rather than through CarsOcean.
4. CONCLUSION OF SERVICES
CarsOcean Purchase Assist Service is concluded when the Acquired Vehicle arrives at the Port Destination, and we are not responsible for any customs clearance, declaration, or registration at the Port of Destination.
You understand and agree that if you require any additional services not mentioned above, these services shall not be considered included in the Purchase Assist Services and shall be subject to CarsOcean approval and additional charges and fees. A separate agreement will be signed between you and CarsOcean that will include the terms and conditions of these additional services.
5. EXCLUSIONS
For the avoidance of doubt, Our Purchase Assist Service Fees do not include the price or fees of any documentation /paperwork needed for the vehicle registration, transfer of ownership, number plates, or any repair services; such fees will be charged to the Buyer directly. In the event additional documents are required which are not included in the Services, we will assist in the issuing of the necessary documents on a case-by-case basis based on our standard fees.
6. COMPLIANCE AND REGULATORY REQUIREMENTS
BUYER IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL RULES AND REGULATIONS TO IMPORT THE ACQUIRED VEHICLE TO THE BUYER’S JURISDICTION. BUYER IS SOLELY RESPONSIBLE FOR CONFIRMING ALL REQUIREMENTS AND DOCUMENTS FOR IMPORT OF THE ACQUIRED VEHICLE. WE RECOMMEND THAT BUYER CHECKS WITH OR ENGAGES A CLEARING AGENT IN BUYER’S COUNTRY TO CONFIRM ALL DOCUMENTS REQUIRED FOR IMPORT OF IN ORDER FOR CARSOCEAN TO ARRANGE THE REQUIRED DOCUMENTS TO ACCOMPANY THE SHIPMENT.
CARSOCEAN SHALL NOT BE LIABLE IN THE EVENT THE VEHICLE CANNOT BE IMPORTED TO BUYER’S COUNTRY FOR ANY REASON.
7. FEES, PAYMENT AND DELIVERIES
A Pro-forma invoice will be drafted after the Buyer provides CarsOcean with the necessary documents required including but not limited to a valid passport copy, proof of address and a signed KYC form completed with all the necessary details, as well as any government required documentation to prove the legitimacy of the origin of Buyer’s .
You understand and agree that all payments due shall be paid in the United States Dollars or in the Emirati Dirham currencies. You agree to pay all customary fees and charges for services rendered in connection with the purchase of the Acquired Vehicle; including without limitation, Purchase Assist Service, inspection fee, repair fee, repair cost, shipping fee, and any other customary fee and charges.. It is the sole responsibility of the Buyer to verify fees charged by CarsOcean prior to incurring such charges. All fees and charges are subject to change without notice. Full payment for vehicles must be made within 7 days from the date of the invoice. At the Seller’s discretion, penalties may be added if the payments are not paid for within the above-specified timeframe or the vehicle shall be repossessed and released to other interested parties and your deposit shall not be refunded.
You understand and agree that you shall be responsible for all bank charges and commissions, Forex currency exchange fees/commissions or any other charges imposed by banks, financial institutions and payment service providers with respect to any payments made under this Agreement.
CarsOcean, in its sole discretion, might offer other added services, which will be imposed upon purchasing the desired vehicle. It is the Buyer's responsibility to maintain and procure to CarsOcean all documentation required to fulfill these services. If documentation is invalid or missing or if Buyer does not qualify for such services for any reason out of CarsOcean's control, CarsOcean reserves the right to retain the fees charged for such services and Buyer agrees to such retention.
8. CARSOCEAN CONTENT
You understand that all information, Vehicle’s information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. You understand that we do not review, alter, and amend any Content posted or transmitted through our Website. In the event any Content is modified or amended, the person from whom these amendments are made will be responsible and CarsOcean shall not in any way be You responsible. You understand that by using the Website, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will CarsOcean be liable in any way for any Content, including, but not limited to, for any false, misleading, errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Website. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties. You acknowledge and understand that you are solely responsible for the retrieval and use of the Content, transactions, products or services available on or through the Website. You should apply your own judgment in making use of the Content, including, without limitation, the use of the Content as the basis for any conclusions or for the sale or purchase of any vehicles or services or other transactions.
You further understand and agree that the Content on CarsOcean’s Website is protected by various copyright laws. You agree not to reproduce, republish or redistribute any Content, including, but not limited to, caching, framing and similar means, without express written permission of the copyright owner.
9. BUYER ACCOUNT
You will receive an account designation, along with its associated user ID and password, upon completing the registration process. You are responsible for maintaining the confidentiality of your user ID and password, and you are fully responsible for all activities that occur under your account. You agree to immediately notify CarsOcean of any unauthorized use of your account or any other breach of security and to ensure that you exit from your account at the end of each session. CarsOcean cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Furthermore, you are responsible for updating your information in an honest manner on the Website.
10. BUYING POLICIES
CarsOcean is in no way responsible if a Buyer’s registration information, including ID and password is either lost, misplaced or stolen. CarsOcean still reserves the right to reject or void purchases for any reason, in its sole and absolute discretion. Should a dispute arise regarding a purchase, CarsOcean is the exclusive deciding authority with sole and absolute discretion in resolving disputes. The Buyer agrees to indemnify, defend, and hold the Service Provider and/or its affiliates and/or CarsOcean harmless from any and all liability arising out of decisions made in resolving disputes. CarsOcean may, in its sole and absolute discretion and with or without notice, postpone or cancel a sale or withdraw a Vehicle from sale. The Buyer can select their own desired date, time and location of shipping but it remains the Buyers responsibility and liability to know what are the requirements in the final destination and to be available for the vehicle delivery. CarsOcean shall not be responsible for damage that is brought to the attention of CarsOcean management after the Acquired Vehicle is delivered to the final destination. Buyer will have been deemed to accept delivery of the Acquired Vehicle in its present condition once the online purchase transaction is completed and the vehicle is ready for shipment.
11. CANCELATION/REFUND POLICY
WE DO NOT ACCEPT ANY CANCELLATION OR REFUND AFTER FEES/CHARGES/EXPENSES/DEPOSITS ARE PAID.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CARSOCEAN EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. CARSOCEAN MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS THAT: (i) THE SERVICES OR RESULTS DERIVED FROM THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED BY YOU THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS (VEHICLES) - INCLUDING HIDDEN DEFECTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, AND (V) ANY DEFECTS OR ERRORS WILL BE CORRECTED.
3. IF YOU RELY ON THIS SERVICE OR ANY MATERIAL OR INFORMATION AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU ALSO UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL, INFORMATION, AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE WEBSITE.
YOU FROM CARSOCEAN OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE T&C.
13.LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE:
1. THAT CARSOCEAN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DUBICARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. YOU AGREE THAT THE LIABILITY OF CARSOCEAN AND ITS PARENT, AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY ARISING OUT OF OR OTHERWISE RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO CARSOCEAN FOR USE OF THE WEBSITE OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
2. TO INDEMNIFY AND HOLD HARMLESS CARSOCEAN FOR ALL LOSSES OR DAMAGES INCURRED BY DUBICARS RESULTING FROM THE BUYER’S BREACH OF ITS OBLIGATIONS HEREUNDER OR DUE TO FAILURE OF THE BUYER TO REMIT ANY PAYMENTS TO THIRD PARTY SERVICE PROVIDERS ENGAGED BY CARSOCEAN TO PERFORM SERVICES FOR THE BUYER
14. BUYER AND SELLER CONDUCT
As a condition of your access and use of the Website and your subscription or access to any Content, you agree not to use the Website for any purpose that is unlawful or prohibited by these T&C, or any other purpose not reasonably intended by and by way of example, and not as a limitation, you agree not to:
1- Violate these T&C, other applicable agreement with CarsOcean, and any applicable local, any rules and regulations having the force of law;
2- Use the Website in any manner that violates any relevant law, including but not limited to, data protection law, AML rules, or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
3- Use the Website or its Content for any purposes not authorized by these T&C, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
4-Reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Website for any commercial, or any other non-personal purpose or any purpose unrelated to your personal purchasing decisions, without the express written consent of CarsOcean, which consent may be withheld by CarsOcean in our sole discretion;
5- Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website;
6- Harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with CarsOcean, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
7- Knowingly provide or submit false or misleading information;
8- Use the Website if you are under the age of eighteen (18);
9- Attempt to gain unauthorized access to the Website, other user accounts, or other computer systems or networks connected to the Website;
10- Use the Website in any way that could interfere with the rights of CarsOcean or the rights of other users of the Website;
11-Attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server used by CarsOcean by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Website user;
12- Sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these T&C;
13- Transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Website;
14- Access, download, monitor, or copy any information contained on the Website through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Website.
15- CarsOcean reserves all rights, without notice and in its sole discretion, to pre-screen, manage, move, remove, refuse, modify, disable or delete any content that is inappropriate, offensive, violates any third party rights or is in violation of any applicable laws.
15. RELATIONSHIP BETWEEN BUYER AND/OR SELLER AND/OR SERVICE PROVIDER
CarsOcean is not and shall not, directly or indirectly, be a party to any relationship between Buyers and/ or the Seller and/ or the Service Provider. CarsOcean disclaims all liability with respect to the same. CarsOcean shall only be the intermediary between the Buyer, Seller and the Service Provider. In the event of any dispute between Buyer and Seller and/or Buyer and any Service Provider, Buyer agrees to take action directly against the Seller and/or relevant Service Provider. In the event of a dispute between the Buyer and the Seller and/or any Service Provider, CarsOcean agrees to provide the Buyer with such relevant information with respect to the Seller and/or the relevant Service Providers which CarsOcean has in its possession upon request of the Buyer.
16. GENERAL INFORMATION
The T&C constitutes the entire agreement between you and CarsOcean and govern your use of the services provided on the Website, superseding any prior agreements between you and CarsOcean. You also may be subject to additional terms and conditions that may apply when you use the services posted on the Website and provided by the Service Provider, Service Provider content or Service Provider software.
17. MODIFICATIONS TO SERVICE
CarsOcean reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that CarsOcean shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
18.TERMINATION OF ACCESS
You agree CarsOcean, in its sole discretion, may terminate your account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if CarsOcean believes that you have violated or acted inconsistently with the letter or spirit of these T&Cs. CarsOcean may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these T&Cs may be effected without prior notice, and acknowledge and agree that CarsOcean may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that CarsOcean shall not be liable to you or any third-party for any termination of your access to the Services.
19. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. Additionally, you agree not to engage in any type of data scraping, copying including mass copying, or spidering with regards to this site.
20. OFFICE FOREIGN ASSETS CONTROL (OFAC) SANCTIONED COUNTRIES
CarsOcean will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries and individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific.
21. DISPUTE RESOLUTION
The formation, interpretation, and performance of these T&C and any disputes arising out of it shall be governed by the substantive and procedural laws of the United Arab Emirates without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United Arab Emirates. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in the United Arab Emirates, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.
22.SEVERABILITY
In the event any provision of these T&C is deemed to be void, invalid, or unenforceable, that provision shall be severed from the remainder of these T&C not to cause the invalidity or unenforceability of the remainder provisions of these T&C. All remaining provisions of these T&C shall then continue in full force and effect. If any provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope and breadth permitted by law.
23. INTEGRATION
This Agreement sets forth the entire agreement between the Buyer and CarsOcean with regard to the subject matter hereof. All prior agreements, representations and warranties, express or implied, oral or written, with respect to the subject matter hereof, are hereby superseded by this agreement. This is an integrated agreement, which is being updated from time to time on the Website.
24. ACKNOWLEDGEMENTS
Buyer acknowledges that he or she has had an adequate opportunity to read and study this agreement, to consider it, to consult with attorneys if he or she has so desired.
25. PRIVACY POLICY
Registration Data and certain other information about you are subject to our Privacy Policy
If you make a payment for our products or services on the Website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
26. REPORTING AND CORRECTING VIOLATIONS
If you become aware of any violation of these T&C, you must immediately report it to support@carsocean.com. You agree to assist us with any investigation we undertake and to take any remedial steps we require in order to correct a violation of these T&C.
GRIEVANCE OFFICER
Designation: Senior Manager
CarsOcean
Business Bay
Dubai
United Arab Emirates
Email: admin@carsocean.com
Time: Mon – Sat (9:00 HRS – 19:00 HRS)
CUSTOMER SUPPORT
You can reach our customer support team to address any of your queries or complaints related to product and services by sending mail to customercare@carsocean.com