Terms & Conditions
PROVISION OF SERVICES TO DRIVERS
THIRD PARTY/ ANCILLARY PRODUCTS AND SERVICES
INFORMATION ABOUT US
These terms and conditions outline the rules and regulations for the use of MotorCar Website & Mobile App. MotorCar is an online service (Owned by Alpha Ecom Technologies (FZE)) (hereinafter “the Service”) which is operated by MotorCar App (“we”, “us”, “our”) and is targeted at vehicle owners (hereinafter "the User", "Users", "Drivers") and Service Providers. After creating a profile, Users can use the Service as a platform for obtaining quotes from Service Providers for work, booking appointments. Service Providers can use the platform to provide quotes for driver’s enquiries and to promote their businesses through the Service to gain access to new customers.
By accessing or using the website or Mobile App we assume you accept these terms and conditions. Do not continue to use MotorCar if you do not agree to take all of the terms and conditions stated on this page.
Please visit the Contact Us page on this website for our contact details.
REGISTERING AS A DRIVER
In order to benefit from all the features of the MotorCar Mobile App Service available to Drivers you will need to register with us as a Driver by following the online prompts. You will be asked to provide certain information about yourself including your name, telephone number and email address.
You must ensure that the information provided by you on registration is correct, complete and not misleading. You should also inform us promptly of any changes to the information that you have provided, by updating your details, so we can communicate with you effectively.
By registering as a Driver you are forming a contract with us. The contract between us will consist of your registration details, these Terms & Conditions, our Privacy Policy. Unless we have expressly stated otherwise, in the event of any conflict or inconsistency between these Terms & Conditions and our Privacy Policy or any other document or legal notice published on our Service from time to time, these Terms & Conditions shall take precedence.
PROVISION OF SERVICES TO DRIVERS
Following registration, we will make certain services available to you free-of-charge. The services will include the ability to post details of any automotive repair or servicing work you need a Service Provider to do for you (a “Job”), the ability to receive quotes from Service Providers to Jobs you have posted (“Quotes”). You must only post a Job if you have a genuine requirement for the work detailed in the Job to be performed.
We are continually seeking to develop and improve the services we offer and so we reserve the right, at our absolute discretion, to make changes to any part of the service without notice.
OUR RESPONSIBILITIES TO YOU
We will provide the MotorCar Mobile App Service to you using reasonable skill and care and in accordance with these Terms & Conditions. However, if you use the MotorCar Mobile App Service as a Driver you acknowledge and agree that the services we provide are subject to the following limitations and disclaimers:
Although we have asked all users to use the MotorCar Mobile App Service responsibly, we cannot guarantee the accuracy, integrity or quality of any information you view or receive via the MotorCar Mobile App Service, which is provided by, or based on information submitted by, third parties. This includes any information contained in the details of Service Providers/Service providers who are listed in our directory (“Listings”) as well as any Quotes you may receive from Service Providers or service providers.
If you use the MotorCar Mobile App Service, you acknowledge and agree that we do not endorse or recommend any of the Service Providers who are listed or who use the MotorCar Mobile App Service and we do not check or verify all the information which Service Providers post on or transmit via the MotorCar Mobile App Service. You shall be solely responsible for checking and verifying any information which you access via or receive via the MotorCar Mobile App Service before acting on it placing any reliance on it. If you choose to use the services of any particular Service Provider because of information you have received through your use of the MotorCar Mobile App Services you do so entirely at your own risk.
If you use the MotorCar Mobile App Service, you also acknowledge and agree that information contained in any Quotes for Jobs you have posted are intended to be indicative only and will not form the basis of a binding contract between you and any Service Provider. This is the case even if you "accept" or "confirm" the Quote by clicking the relevant button on the MotorCar Mobile App Service. If you choose to instruct a Service Provider to carry out any work for you as a result of your use of the MotorCar Mobile App Service, we strongly recommend that you conclude your own written agreement with them clearly detailing the work to be done and the price to be paid. We will not be a party to any agreement or contract which you conclude with a Service Provider as a result of your use of the MotorCar Mobile App Service.
PLEASE NOTE: We (MotorCar) will not under any circumstances have any responsibility to you, or liability to you, for the performance or quality of any work which you ask any Service Provider to carry out, or for any acts or omissions on the part of any Service Provider. Service Providers will at all times remain solely responsible to you for the work they undertake and their own acts and omissions.
STATUS OF QUOTES
When you post a Job on the MotorCar Mobile App Service you will receive Quotes from Service Providers based on the information you have provided, including your vehicle make and model and job type ("Job Criteria").
Quotes are generated where a Service Provider has either prepared a Quote in direct response to your Job, or previously provided a Quote which matches your specific Job Criteria, or has otherwise provided us with information about what they would quote for your specific Job Criteria.
PLEASE NOTE: All Quotes provided via the MotorCar Mobile App Service are indicative only and are subject to refinement or change by Service Providers before they commit to undertake any work. Whilst we work closely with Service Providers and continually seek to improve our systems and processes to ensure that Quotes are as accurate as possible, we cannot guarantee the accuracy of Quote or that at a Service Provider will ultimately be able to able to complete your Job for a Quoted price. We recommend that you seek confirmation of a Quote direct from a Service Provider, before you instruct them to undertake your Job.
THIRD PARTY/ ANCILLARY PRODUCTS AND SERVICES
From time to time we may offer, promote or make available via the MotorCar Mobile App Service.
All Third Party Products are provided by the relevant third party supplier and they (not MOTORCAR) shall be solely responsible to you for providing the Third Party Product in question.
PASSWORDS AND SECURITY
If you register to use MotorCar Mobile App Service you will be asked to provide a valid and current email address. You will then be receive a password (“ID”) in order to activate and access your account and use MotorCar Mobile App Service. You must keep your ID confidential and must not disclose it or share it with anyone else. You are responsible for preventing unauthorized use of your ID.
If you believe there has been a breach of security such as the disclosure, theft or unauthorized use of your ID, you must notify us immediately. If we reasonably believe that your ID is being used in any way which is not permitted by these Terms & Conditions, we reserve the right to suspend access rights immediately on giving notice to you and to block access from your ID until the issues has been resolved.
ACCEPTABLE USE POLICY
The MotorCar Mobile App Service allows registered users (including both Drivers and Service Providers) to create, edit and submit material for inclusion on or transmission via the Service, including (without limitation) by creating Listings, posting Jobs, posting Quotes for Jobs, and sending messages (collectively “User Content”). Whilst we do not seek to monitor or control the submission of User Content, we do reserve the right to delete, move and edit any User Content submitted where (in our absolute discretion) we consider it prudent or necessary to do so.
You agree to comply with all applicable laws and regulations when using the MotorCar Mobile App Service. You are solely responsible for all User Content you submit for inclusion on or transmission via the MotorCar Mobile App Service. You must ensure that all User Content you transmit via the MotorCar Mobile App Service is lawful and honest. In particular you must not post or transmit via the MotorCar Mobile App Service any User Content that:
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is fraudulent, dishonest or misleading;
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is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable or breaches any laws;
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encourages conduct that constitutes a criminal offence, gives rise to civil liability or otherwise breaches any applicable laws, regulations or code of practice;
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infringes the copyright or other rights of any third party;
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is technically harmful (including, without limitation, computer viruses or other malicious software or harmful data).
By submitting any User Content to us, or via the MotorCar Mobile App Service, you are granting us a royalty-free, non-exclusive license to use, reproduce, modify, translate, make available and distribute the User Content on or through the MotorCar Mobile App Service for the purpose of operating the MotorCar Mobile App Service.
GENERAL DISCLAIMERS
Whilst we endeavor to ensure that the information available on or through the MotorCar Mobile App Service is correct, up to date and accurate we do not warrant the accuracy and completeness of such material. In particular (but without limitation), the MotorCar Mobile App Service permits you to access and receive information supplied by third parties, or which is based on information or data supplied by third parties, including third party User Content. The third parties submitting this information are responsible for ensuring that material submitted is accurate and complies with relevant laws and codes. We will not be responsible to you for the conduct of any such third party or for any error or inaccuracy in any material they supply.
Although we aim to offer you the best service possible, we make no promise that the MotorCar Mobile App Service will meet your requirements. We cannot guarantee that the MotorCar Mobile App Service will be fault or virus free or continuously available. Your access to the MotorCar Mobile App Service may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We may change or discontinue the MotorCar Mobile App Service, or any part thereof, by giving reasonable notice at any time.
LIABILITY
To the fullest extent permitted by law, we exclude all liability to you for any loss of profit, loss of opportunity, loss of earnings, loss of anticipated earnings or loss of data or for any indirect or consequential losses howsoever arising out of your use of MotorCar Mobile App Service or any fault or problem relating to the MotorCar Mobile App Service or any content received via the MotorCar Mobile App Service.
Nothing in these terms of use shall exclude or limit our liability for death or personal injury due to our negligence or for fraudulent misrepresentation or for any other liability which cannot be excluded or limited under applicable law.
Your statutory rights as a consumer are not affected by these Terms & Conditions.
TERMINATION OF SERVICES
We may suspend or cancel your registration and/ or terminate your access to or use of the MotorCar Mobile App Service and/ or our agreement with you, if you are in breach of these Terms & Conditions or have made improper use of the MotorCar Mobile App Service.
You may cancel your registration at any time by informing us in writing. If you do so you must stop using the MotorCar Mobile App Service.
The suspension, cancellation or termination of your registration and your right to use the MotorCar Mobile App Services shall not affect either party’s statutory right or liabilities.
REGISTERING AS A MECHANT/SERVICE PROVIDER
In order to benefit from all the features of the MOTORCAR Service available to Merchant or Service Provider you will need to register with us as a Merchant by following the online prompts. You will be asked to provide certain information about your business including your business name and contact details.
In addition you will need to provide proof of address, business registration documents and any other documentation or information that we may consider necessary from time to time, as part of the registration process. You must ensure that the information provided by you on registration is correct, complete and not misleading. You should also inform us promptly of any changes to the information that you provide, by updating your details, in order that we may communicate with you effectively.
By registering as a Merchant you are forming a contract with us. The contract between us will consist of your registration details, these Terms & Conditions, our Privacy Policy. Unless we have expressly stated otherwise, in the event of any conflict or inconsistency between these Terms & Conditions and our Privacy Policy or any other document or legal notice published on the MOTORCAR Service from time to time, these Terms & Conditions shall take precedence.
PROVISION OF THE SERVICES TO MERCHANT OR SERVICE PROVIDER
Following registration, we will make certain services available to you. The services will include the ability to include details of your business in our directory (“Listings”), the ability to view or receive details of jobs which have been posted by Drivers (“Jobs”) and the ability to submit quotes in response to Jobs (“Quotes.
Please note that Listings must not contain any contact details for your business, although you will have the ability to communicate with Drivers using the MOTORCAR Services' online messaging systems and you may also be given the opportunity to contact Drivers where you have submitted a Quote in response to a Job they have posted. You must also ensure that any information you post to or transmit via the MOTORCAR Service, including any content contained in Listings and any Quotes and messages, complies with the provisions of our Acceptable Use Policy set out Section 12 below.
Full details of the services available to Merchant or Service Provider via the MOTORCAR Service will be published on our website from time to time. We are continually seeking to develop and improve the services we offer and so we reserve the right, at our absolute discretion, to make changes to any part of the MOTORCAR Service without notice.
MEMBERSHIP FEES (Service Providers / Merchants)
In order to have your Listing published in the MOTORCAR Service and in order to submit Quotes for Jobs, Merchant or Service Provider must become a member by paying the applicable membership fees (the "Membership Fees"). Information about our Membership Fees will be posted on the MOTORCAR Service from time to time.
Please note that payments made for Membership Fees are non-refundable irrespective of the number of Jobs which are notified to you and irrespective of whether or not you have submitted Quotes for Jobs or the number of Quotes which are submitted.
PAYMENT TERMS (Service Providers / Merchants)
Unless otherwise stated, all fees are quoted in UAE Dirhams. You are responsible for paying all fees together with any applicable VAT by such method as we may reasonably require from time to time. Unless we have agreed in writing to invoice you for any fees due under this agreement (or agreed in writing to collect payment by some other method) we require that all fees be paid via a credit card or debit card or other payment method registered with us and you authorize us to collect all such payments immediately on the date that they become due. Where we have agreed to invoice you for any fees you agree pay all such invoices within thirty (30) days of the date of our invoice.
In the event that we are unable to collect of any fees from your designated credit or debit card or other payment method, or (where applicable) you have failed to pay any invoice submitted by us by the due date for payment. In these circumstances, we reserve the rights to suspend your access to or use of the MOTORCAR Service until any outstanding sums are paid in full and/ or to terminate our agreement with you in accordance with Section 15 below.
SUBMISSION OF QUOTES (Service Providers / Merchants)
Standard Quotes will be generated where you manually submit a Quote in direct response to a Job, or may be automatically submitted on your behalf where you have either previously provided a Quote which matches the Job Criteria, or you have otherwise provided us with information about what you would quote for the Job Criteria.
PLEASE NOTE: If you use the MOTORCAR Service, you understand, acknowledge and agree that any Quotes we submit on your behalf will significantly influenced by the Quoting Data we hold for you. In general, the more up to date Quoting Data we hold for you the more accurate the Quotes we submit on your behalf are likely to be. We therefore strongly encourage Merchant or Service Provider to provide as much Quoting Data as possible and to regularly review the Quoting Data we hold to ensure that it is accurate and up to date.
You can choose to submit Quotes for specific types of Jobs by amending the categories for which you have Job alerts selected.
You must ensure that all Quoting Data you provide to us is (at the time of submission) accurate and not misleading.
We make it clear to all Drivers that all Quotes are indicative only and only become binding on Merchant or Service Provider once the Driver has confirmed it directly with you. However, you should be aware that it you significantly change or depart from Quotes given, without good reason, this may adversely impact on a Driver's experience and impact on the Feedback and ratings they provide. We therefore, encourage you to provide us with comprehensive and up to date Quoting Data to ensure that your Quotes are as accurate as possible.
OUR RESPONSIBILITIES TO YOU (Service Providers / Merchants)
We will provide MOTORCAR Service to you using reasonable skill and care and in accordance with these Terms & Conditions. However, if you use the MOTORCAR Service as a Merchant you acknowledge and agree that the services we provide are subject to the following limitations and disclaimers:
You acknowledge and agree that we will enable Merchant or Service Provider to post Quotes in response to a selection of Jobs based on criteria which we (in our absolute discretion) may determine from time to time. The criteria may include your geographical location as well as the quantity or quality of Quoting Data we hold for you amongst other criteria. In addition you acknowledge that the number of Quotes which may be transmitted to a Driver in relation to any particular Job may be limited to Quotes from a specified number of Merchant or Service Provider. Accordingly, we do not provide any guarantee that registering as a Merchant will result in you being able to submit Quotes, or in Quotes being submitted on your behalf, in relation to any Jobs, or in relation to any particular volume of Jobs, even if you have purchased membership. Nor can we guarantee that your use of the MOTORCAR Service will result in you winning any work or any particular volumes of work.
You acknowledge and agree that we do not check or verify the details of any Jobs which are posted. We have asked all users to use the MOTORCAR Service responsibly and to provide accurate information, but cannot guarantee the accuracy, integrity or quality of any Jobs or other material which is posted by third parties (including Drivers).
By registering as a Merchant you are also understand and agree that Drivers who have used your services will be able to provide Feedback and we may give you a rating based on the Feedback you have received. Whilst we have asked all users of the Services to act responsibly, we do not actively monitor, check or verify Feedback which is posted. Accordingly, you acknowledge and agree that we (Motorcar.ae) shall not have any responsibility to you or liability to you for any Feedback which is posted by any Driver and we will not usually become involved or intervene in complaints or disputes concerning Feedback, although we reserve the right to do so in exceptional circumstances. You may, if you feel that Feedback is misleading or libelous, contact us and we will investigate but we shall not be obligated to take any action.
YOUR RESPONSIBILITIES (Service Provider / Merchant)
You agree to abide by these Terms and Conditions when using the MOTORCAR Service and in your dealings with Drivers.
You agree that we shall be entitled to permanently or temporarily suspend your access to and use of the MOTORCAR Service and/ or terminate our agreement with you, in the event that we have reason to believe that you may have failed to comply with our Terms & Conditions or Code of Conduct, or you are alleged to have done so, or we otherwise believe (in our reasonable discretion) that you have acted in a way which is or could be detrimental the MOTORCAR Service or its reputation. Under these circumstances we shall not be obliged to give you a refund of any Membership Fees you have paid.
You agree that you will only use any information concerning any Driver and any Jobs they have posted, which we provide to you or which you obtain via the MOTORCAR Service, for the purpose of submitting Quotes and (if you are selected to undertake the work) for the purposes of discussing that work with the Driver and undertaking the Work. You agree that you will not use such information for any other purpose without first obtaining the Driver's prior consent. You also agree to keep any such information secure and to comply with all applicable laws concerning privacy and data protection in relation to your use of that information.
You shall be solely responsible for checking and verifying the details of any Job which is transmitted to your via the MOTORCAR Service before you agree to undertake any work for a Driver and for agreeing with the Driver the terms on which any work will be performed.
You shall be solely responsible for complying with all applicable laws and regulations in your dealings with Drivers and for the performance and quality of any work which you agree to undertake for any Driver.
You agree that you must only use the MOTORCAR Service in connection with your own business and must not (without our prior written consent) use the MOTORCAR Service for the benefit of any other business providing automotive repair and maintenance services.
PLEASE NOTE: By registering as a Merchant and by using the Services you are agreeing that you shall be solely responsible for all products, services and work you may undertake or perform for any Driver or supply to any Driver and for your dealings with any Driver. You agree to indemnify us and hold us harmless from any costs, losses or claims which we may suffer or incur and which result from any information you submit or transmit via the MOTORCAR Service or from any work which you may agree to perform for any Driver or from your dealings with any Driver or your use of their information.
LIABILITY (Service Provider / Merchant)
To the fullest extent permitted by law, we exclude all liability to you for any loss of profit, loss of opportunity, loss of earnings, loss of anticipated earnings or loss of data or for any indirect or consequential losses howsoever arising out of your use of MOTORCAR Service or any fault or problem relating to the MOTORCAR Service or any content received via the MOTORCAR Service.
If we are found to have any liability to you under or in connection with these Terms & Conditions or in relation to the MOTORCAR Services more generally, whether under contract, tort (including negligence) breach of statutory duty or otherwise, our total aggregate liability to you shall not, in respect of any and all liabilities arising in any Membership, exceed an amount equal to the total Membership Fee paid by you to us.
Nothing in these terms of use shall exclude or limit our liability for death or personal injury due to our negligence or for fraudulent misrepresentation or for any other liability which cannot be excluded or limited under applicable law.
TERMINATION (Service Provider / Merchant)
We may suspend or cancel your registration and/ or terminate your access to MOTORCAR Service and/ or our agreement with you, if you are in breach of these Terms & Conditions or have made improper use of the MOTORCAR Service or we have reason to believe that you may have breached these Terms and Conditions or made improper use of the MOTORCAR Service.
We may also terminate our agreement with you (and your membership) for convenience with effect from the end of your current Membership plan.
You may cancel your registration at any time by informing us in writing. If you do so you must stop using the MOTORCAR Service. If you terminate your subscription early, you will not be entitled to a refund of any Membership you have already paid.
The suspension, cancellation or termination of your registration and your right to use the MOTORCAR Service shall not affect either party’s statutory right or liabilities.
INTELLECTUAL PROPERTY
Unless otherwise stated, the copyright, database right and other intellectual property rights in the MotorCar Mobile App Service (including without limitation all content, data, materials and technology used or appearing in the MotorCar Mobile App Service or transmitted through it) belongs to us or our licensors. All rights are reserved.
By using the MotorCar Mobile App Service you acknowledge and agree that we collect aggregated and anonymized data concerning usage of the MotorCar Mobile App Service and the Jobs and Quotes and Quoting Data submitted to or via the MotorCar Mobile App Service. You agree that all intellectual property rights and other rights in such aggregated and anonymized data shall belong to www.motorcar.ae Ltd and we may use this data for any purpose whatsoever. However, this data will not include any information from which particular users of the MotorCar Mobile App Services (including any Drivers or Service Provider) can be identified.
PRIVACY AND COOKIES
The www.motorcar.ae website and the MotorCar Mobile App Service includes areas where you are requested to, or can, input information about yourself. Any information you submit to us shall be subject to the terms of our Privacy Policy.
We use cookies on our website and as part of the MOTORCAR APP Service. Further information about cookies and how we use them can be found in our Cookies Policy. By registering use you are consenting to our use of cookies in the ways described in our Privacy Policy and Cookies Policy.
GENERAL
All notices shall be given to us via email or by post using the contact details set out in Part 1 above, or to you at either the email or postal address you provide during registration.
The failure to exercise a right or remedy provided by these Terms & Conditions or by the law does not constitute a waiver of other rights or remedies.
We may revise these Terms & Conditions at any time. You are expected to check these Terms & Conditions from time to time to take notice of any changes we make as they are legally binding on you. Some of the provisions contained in these Terms & Conditions may also be superseded by provisions or notices published elsewhere on our website or the MotorCar Mobile App Service.
These Terms and Conditions were last updated on 25th September 2020.
