TERMS AND CONDITIONS
We", "Our", "Us", "CarSwitch" refers to CarSwitch DMCC and its subsidiaries, employees, officers, agents, affiliates or assigned parties.
"Our Website" (or “Website”) refers to carswitch.com.
“Client” – Buyer or Seller (both Private Seller and Dealer) who use our website and affiliated products.
“Buyer”, “Buyers” – refers to a private individual or a company who is interested in purchasing a car advertised on carswitch.com.
“Seller”, “Sellers” refers to a “Private Seller” and/or “Dealer” who advertises cars through CarSwitch
“Private Seller” refers to a user who uses CarSwitch service to identify a Buyer and facilitate the sale transaction in return for a success fee.
"Dealer" refers to a user who uses the “Dealer Listing Portal” (the "DLP") to advertise in exchange of “Leads”."DLP" may include any of the following or a combination of:
- car listing service for uploading and managing vehicle listings;
- content management service to manage Leads and track visits;
- inclusion of Dealer vehicles in marketing materials inclusive but not limited to app notifications, email, SMS, social media marketing campaigns.
“Advertising Agreement” refers to a signed addendum to Terms and Conditions of Our Website that enables Dealers to use DLP.
“Lead” – A name and phone number of a Buyer expressing interest in a product on Our Website
The following are the standard terms and conditions ("Terms and Conditions") that apply to your use of the CarSwitch services.
2. SCOPE OF SERVICE
CarSwitch.com is a website owned and operated by CarSwitch DMCC JLT, Dubai, UAE.
All the vehicles advertised on Our Website are owned by other parties who have enlisted Our services to aide in the sale of their vehicle. Accordingly, we are not responsible for, and expressly disclaim all liability for, any information concerning the vehicle or its owner, the current or future operability of the vehicle or any of its features, any damages incurred prior, after or during sale of the vehicle, any monetary losses or damages of any value incurred for any reason during transfer of ownership of the vehicle.
3. PRIVATE SELLERS RIGHTS AND OBLIGATIONS
An up-front fee for services rendered by Us applies plus VAT (Value Added Tax), and We only commit to providing these services upon receiving full payment of this up-front fee. These services may include one vehicle inspection conducted by Us, advertising of the vehicle on Our Website and other online portals for a period of three months, collecting phone calls of prospective Buyers, arranging test drives between the Seller and prospective Buyers, and providing guidance in the transfer of ownership in accordance with the laws of the UAE, during official working hours of CarSwitch DMCC. Registered Sellers may deny a test drive request at their discretion, though if they allow a CarSwitch DMCC agent, third-party agent, or a prospective Buyer to drive their vehicle they do so at their own risk and We do not accept any responsibility or liability resulting from any interaction of any persons with their vehicles.
Any prospective Buyer We bring to the registered Seller’s, is considered Our prospective Buyer. Upon the identification of a prospective Buyer, the agreement on a vehicle sale price between this prospective Buyer and registered Seller, and transfer of ownership from the registered Seller to the CarSwitch prospective Buyer or the collection of a monetary deposit by Us from the CarSwitch prospective Buyer to reserve the vehicle until the transfer of ownership is complete, a success-based fee owed by the registered Seller to Us applies plus VAT (Value Added Tax). This success-based fee continues to be owed by the registered Seller to Us if the registered Seller choses to no longer transfer ownership to the CarSwitch prospective Buyer.
4. BUYER RIGHTS AND OBLIGATIONS
Prospective Buyers may approach Us to purchase a vehicle from Our Website or other channels. A vehicle is only considered to be reserved for this prospective Buyer once a monetary deposit is collected in full by Us with the agreement of the registered seller.
This monetary deposit is non-refundable unless there is a material change in the condition of the vehicle from the date the prospective Buyer had physically viewed the car or the Buyer is not approved by at least two UAE banks for financing within 7 working days of payment of the monetary deposit. In the event of a deposit refund a, an AED 500 processing fee owed by the prospective Buyer to Us would apply. In the event the prospective Buyer chooses to purchase a vehicle through bank financing, the registered seller commits to reserving the vehicle for the prospective Buyer a period of 7 working days from the date the deposit is received by Us at which point the prospective Buyer is required to provide written evidence of a UAE bank approval or rejection of the loan application. Failure of providing such evidence would result in the forfeiture of the monetary deposit paid by the prospective Buyer to Us. If the prospective Buyer receives loan approval by a UAE bank during this 7 working day period, the prospective Buyer is required to complete the transfer of ownership process with reasonable cooperation from the registered Seller within an additional 7 working day period. Failure to do so would again result in the prospective Buyer’s forfeiture of the monetary deposit paid by the prospective Buyer to Us. Any refunds will be made onto the original mode of payment.
5. CARSWITCH VEHICLE INSPECTIONS
We may have commissioned a vehicle inspection that represents a professional opinion regarding the condition of the vehicle as of the date of the inspection. This inspection does not act as a guarantee by Us to the vehicle’s condition or operability. We acknowledge that the condition of the vehicle, and any of its features, may change after the inspection date and does not commit to provide updates regarding these changes nor accept any responsibility or liability related to any of aforementioned changes. Prospective Buyers are entitled to, but required to expressly ask for, a new inspection to be conducted with agreement from the registered Seller of the vehicle (who may deny the request). The associated fees of such an inspection would be incurred by the buyer, whether requested from Us or any other licensed third-party provider. We may provide guidance to prospective Buyers or registered Sellers regarding financing, insurance, transfer of ownership or any other matters. Our guidance reflects Our professional opinion, but does not act as an endorsement of these opinions nor do We accept any responsibility or liability associated with any of these opinions.
6. THIRD-PARTY WARRANTY
We may provide a third-party warranty on some of the vehicles advertised on Our Website. Only vehicles with “warranty” text displayed in the details on the Website are eligible for this warranty (subject to the conditions below). The warranty is provided by a third party provider, is valid for a period of three months, is only valid in service centers endorsed by the third party provider, only addresses certain mechanical components such as Cylinder head and gasket, cylinder liners and block, internal bushings, starter ring gear or flywheel auto drive plate, oil pump, crankshaft and bearings, timing gears and chains, camshaft , cam followers, tappet gear, valves, pistons and rings, cylinder bores, con rods, distributor drive, push rods, oil feed pipes, valve springs, valve stem seals, gear, synchromesh hubs, selectors, shafts, torque converters, brake bands, valve block, governor oil pump and seals, operating controls, bearing and bushes, drive chains, crown wheel and pinions, gears, shafts, half shafts, differential internal bearings , spacers, shim kit, lock differential bearing, gear kit , cage unit, excludes lubricants, filter elements and coolant, oil leaks and overheating and is subject to conditions communicated in the booklet of the third party provider that can be provided by Us upon request. Claims can only be made after the first 15 days or 1,000 km from the date of transfer of ownership. This warranty can be extended for a full year for an additional charge. The warranty can only be issued for vehicle not more than 7 years old where all periodic services must have been carried out every 10,000 kms or as per the manufacturer recommendation at the authorized dealer’s service center. To make a claim, customer’s must have maintained the vehicle at the authorized Service Centers and according to the manufactures and warranty providers requirement. Customers must also have notified the nearest Authorized Service Centre upon recognition of any faults immediately and without delay to avoid consequential damages. Customer’s must have kept all original service invoices in order to prove the proper service if a claim is to be made. We are not responsible for, and expressly disclaim all liability for any claims related to this warranty. The warranty terms and conditions mentioned on Our Website are for informational purposes and may be inaccurate or incomplete, and may change without notice. You are required to refer to the booklet from the third party warranty provider for accurate information. .
7. DEALER OBLIGATIONS
Receipt of an Advertising Agreement signed by Dealer will constitute Dealer’s acceptance of these Terms and Conditions. All “month” references found in the Advertising Agreement, Our Website, media kits, CarSwitch branded marketing material or any other CarSwitch written or verbal communications refer to a thirty (30) day period.
- only advertise vehicles that are currently available for purchase within the United Arab Emirates or countries permitted by Dealer’s subscription;
- within 24 hours of a sale contract being entered into for a vehicle mark that vehicle as sold on the web site; Accept and pay for any Leads provided during any period of time a car was not marked as sold on the web site
- ensure that material Dealer generate through use of the DLP is not unlawful or for an improper purpose, including information that is defamatory, misleading or deceptive, in breach of copyright or would otherwise expose us to any liability, legal proceedings or other sanction;
- ensure to not make, arrange or authorize the insertion of any reference to Us or Our Website in any document (including promotional or merchandising material) or on any website other than Our Website without Our prior written consent;
- abide by any applicable rules and regulations related to electronic truncations and commerce;
- in Dealer’s use of the DLP, comply with all applicable laws.
Dealer must ensure that:
- material submitted through the DLP by a Dealer refer only to listing details of a particular vehicle;
- the listing details for a particular vehicle submitted through the DLP are only listed by the Dealer once (including any associated showrooms in Dealer’s dealership group);
- any reference to material other than listing details for a vehicle must receive Our written approval prior to Dealer’s submission;
- ensure that no other person, authorized or otherwise, makes use of Dealer’s subscription to the DLP in breach of these Terms and Conditions;
- not make any promotional or merchandising reference to Us or Our Website without our express written permission.
Dealer acknowledge that:
- Dealer have read and agreed to be bound by the terms of all legal notices posted on Our Website;
- Dealer represents and warrants that Dealer is authorized to make available the material generated or submitted to make use of the DLP and that Dealer is acting under authority of the proprietors of all vehicles concerned;
- by using the DLP, Dealer grants Us an irrevocable, world-wide, royalty free license to commercialize, copy, license to other persons, use and adapt for any purpose any material Dealer generates or submits to make use of the DLP;
- We are not under any obligation to monitor or censor the material generated by users of the DLP that appears on our website, however we reserve the right to do so;
- We are not responsible for the DLP content or for any errors or omissions in any vehicle data provided by or on behalf of Dealer;
- Dealer is responsible for updating Dealer’s listings to follow the CarSwitch image guidelines, We reserve the right to penalize any images content we deem unfitting;
- systems or technological failure may impede or prevent access to all or any part of the vehicle data;
- Dealer is responsible for and must pay the cost of all telecommunications and Internet access charges incurred when using Our Website, whether or not such access has been arranged by Us;
- Dealer is responsible for the security and integrity of Dealer’s data;
- transmission of data over the Internet can be subject to errors and delays;
- We will contact Dealer from time to time to make Dealer aware of opportunities, products and services offered by us and our business partners. Dealer authorizes Us to contact Dealer via email, SMS, MMS and other electronic media for that purpose unless Dealer explicitly requested Us not to contact Dealer via these media.
8. DEALER AGREEMENT TERM, SUSPENSION OR TERMINATION OF SERVICE
If the Advertising Agreement has been terminated for any reason, the Dealer shall be bound to all payments due under the Advertising Agreement up to the point of termination. We may terminate the Advertising Agreement at any time for any reason provided that seven (7) clear days' written notice has been provided to the Dealer. Should the Dealer continue to use the DLP following termination of the Advertising Agreement, the Dealer shall remain liable for any and all costs incurred by Dealer. Without limiting our other rights, we may immediately suspend the DLP and/or temporarily remove details of any vehicle uploaded by the Dealer to Our Website and/or terminate the Advertising Agreement if:
- Dealer fails to pay any fees or charges due to Us by the due date, or any postdated cheques as stipulated in the Advertising Agreement;
- Dealer breach any part of this Terms and Conditions or Advertising Agreement and fails to rectify that breach within seven (7) days of Our giving notice requiring rectification;
- any material supplied by Dealer is false or misleading;
- Dealer enters into bankruptcy, liquidation, administration, receivership, a composition of arrangement with Dealer creditors, or appoint a receiver or manager over all or any part of your assets or become or are deemed to become insolvent; or
- Dealer dies, or if Dealer is in a partnership which is dissolved or an application to dissolve is filed, or if the Dealer is a company which is wound up or an application for winding up is filed.
9. SECURE PAYMENT
On choosing the Secure Payment service, both the Seller and Buyer agree on the following:
- Seller and Buyer appoint CarSwitch as a Mediator to collect, hold and disburse funds, and CarSwitch accepts such appointment.
- Seller and Buyer agree that the funds with CarSwitch do not accrue interest to the benefit of both the Buyer or the Seller.
- CarSwitch will automatically disburse funds to the Seller upon receipt of (a) A car registration card or possession certificate indicating the Buyer is now the owner of the Car; or (b) An executed power of attorney or an official seller agreement indicating the Buyer has the legal right to take or transfer ownership of the Car. Unless written instruction signed by both Seller and Buyer is received in advance.
- CarSwitch will automatically refund funds to the Buyer if the transfer of ownership is not completed in a timely manner or the condition of the car has materially changed prior to transfer.
- CarSwitch will be entitled to rely upon the instructions and documents that Buyer and Seller will share. CarSwitch will not investigate the authenticity of the given instructions and shared document.
- CarSwitch will not owe a fiduciary responsibility to the Buyer or Seller, and will be a peripheral stakeholder only who is not liable for any losses, costs or damages which may be incurred in performing its responsibilities hereunder unless such losses, costs or damages arise out of the willful or gross negligence of CarSwitch. Furthermore, and in no way limiting the forgoing sentence, CarSwitch will not be liable for any loss or damage resulting from the following:
- Any default, error, action, or omission of any other party;
- Any loss or impairment of funds while on deposit with a federally-insured bank, resulting from failure, insolvency or suspension of such bank;
- CarSwitch's compliance with any and all legal process, writs, orders, judgments, and decrees of any court; and
- The Buyer finds any issues, or challenges, whatsoever with the car after taking ownership of the car.
- The Seller shall issue an invoice directly in the name of the Buyer for the sale of the car.
- Each party to the transaction hereby agrees to abide by and comply with all relevant anti-money laundering (AML) and counterterrorist financing (CTF) laws and regulations as applicable in UAE.
- The Seller agrees to receive the disbursement amount in a bank account provided by the Seller within three working days from when CarSwitch receives proof of ownership transfer.
10. PAYMENTS, REFUNDS AND CANCELLATIONS
This is Our policy for Online Payments, Refunds and Cancellations (further “Policy”). This Policy applies only to activities We engage on Our Website www.carswitch.com and other subdomains including www.carswitch.ae, www.carswitch.net, www.carswitch.co, www.carswitch.info, www.carswitch.app and does not apply to Our activities that are "offline" or unrelated to the website. The Website may offer its users to pay for services using their credit/debit cards. In those cases, the user will only be charged upon electronically confirming the intent to purchase a service from the Website. We will not seek the confirmation of the user that the service has been delivered before processing a payment.
- ONLINE PAYMENTS. We accept payments online using Visa and MasterCard credit/debit card in AED. If you make a payment for Our products or services on Our Website, the details you are asked to submit will be provided directly to our payment provider via a secured connection. The cardholder must retain a copy of transaction records and Merchant policies and rules. Multiple transactions may result in multiple postings to the cardholder’s monthly statement.>
- PAYMENT CONFIRMATION. The Website user will receive payment confirmation by email on the email address given at the time of order, through a notification sent in an app, or both. The confirmation will be sent by the Company after the payment has been processed as soon as practically possible.
- REFUNDS. Unless otherwise specified, services rendered by the Company are not refundable after the Website user’s electronic confirmation to purchase. Should the Company, based on the terms and conditions described on www.carswitch.com, confirm to refund any amount paid by the Website user, refunds will be made onto the original mode of payment and will be processed within 10 to 45 calendar days depending on the issuing bank of the credit card.
- CANCELLATIONS AND NO SHOWS. Cancellations related to car inspection and advertising or valuation services are fully refunded if communicated to the Company at least 24 hours before service delivery is scheduled to take place. If a cancellation is made less than 24 hours prior to service, but before the scheduled service delivery, the Company will not refund your payment. In cases where a cancellation is made by the user after the scheduled service delivery date, or in case of “no show” by the user at the time of service delivery, no refunds will be provided. Cancellations related to purchasing, or selling, a car are not refundable.
11. DEALER FEES AND PAYMENT
Full payment in advance or payment via Post Dated Checks (PDCs) issued by the Dealer’s relevant company account prior to the start date outlined in the Advertising Agreement, are the only acceptable forms of payment (unless specified otherwise in writing). The DLP will not be activated until full payment has been provided whether in Cash, online debit/credit card payments, wire transfer, or postdated cheques or other forms of payment as stipulated by the Advertising Agreement. The Dealer is liable for the costs incurred from the agreement start date whether or not the service is active. The fees for services are specified in Dealer Advertising Agreement. Dealer’s specific package, price and services are specified in Dealer’s Advertising Agreement. We reserve the right to amend the terms and conditions of this Agreement, including package components and fees, at any time. Dealer will be given notice of any changes to Our fees or package components.
12. DEALER REFUND POLICY
The Dealer agrees that there are no refunds for services delivered.
13. LIMITATION OF LIABILITY AND INDEMNITY
CarSwitch DMCC is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within the site. While the information contained within Our Website is periodically updated, no guarantee is given that the information provided on Our Website is correct, complete, and up-to-date. Although CarSwitch may include links providing direct access to other Internet resources, including websites, CarSwitch DMCC is not responsible for the accuracy or content of information contained on these websites. Links from CarSwitch.com to third-party websites do not constitute an endorsement by CarSwitch DMCC of the parties or their products and services. The appearance of advertisements and product or service information on our website does not constitute an endorsement by CarSwitch DMCC, and CarSwitch DMCC has not investigated the claims made by any advertiser. Product information is based solely on material received from suppliers.
To the extent allowable under laws applicable in the United Arab Emirates We:
- exclude all conditions and warranties implied into the Terms and Conditions;
- exclude consequential, special or indirect loss or damage (included but not limited to loss of opportunity, loss of revenue and loss of profits);
- limit our liability for breach of any condition or warranty that we cannot exclude to the greater of (at our option) - resupplying the services; and/or paying the cost of having the services resupplied; and/or limit our liability in respect of any other claim in connection with the Terms and Conditions whether the claim is based in contract, tort (including negligence) or statute to the amount paid to us by you under this Terms and Conditions.
In the cases of fraudulent or disputed transactions the Client should refer to their bank. In all instances of payments, the Client is liable for any levied charges by the bank(s). We will not be liable under these Terms and Conditions to the extent that liability is caused.
We will not be liable under these Terms and Conditions to the extent that liability is caused by:
- any breach of Client obligations under this Terms and Conditions; or
- any delay in performance or breach of the Terms and Conditions which arises as a result of any matter beyond our control including but not limited to viruses, other defects or failure of the server hosting our website.
Client indemnify us and our officers, employees and agents ("those indemnified") against any direct or consequential liabilities, losses, damages, expenses and costs (including legal expenses on a solicitor and own client basis) incurred or suffered by any of those indemnified as a result of any claim or proceedings brought by a third party against those indemnified in connection with any material generated by you in connection with CarSwitch services.
14. OFFICE OF FOREIGN ASSETS CONTROL (OFAC) SANCTIONED COUNTRIES
CarSwitch.com will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.
We may change these Terms and Conditions at any time. You acknowledge that our publishing the amended version of the Terms and Conditions at this link on our website constitutes written notice to you of such changes. No delay or failure by us to enforce any provision of this Terms and Conditions will be deemed a waiver or create a precedent or will prejudice our rights. Any notice(s) must be sent by e-mail or prepaid post to your or our last known address. You must not assign the Terms and Conditions without our written consent. The Terms and Conditions (together with any documents referred to in the Terms and Conditions or provided by us at the same time as the Terms and Conditions) comprises the entire agreement. It supersedes all prior understandings, agreements or representations.
The United Arab Emirates is our country of domicile. Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE. Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website.