General Terms and Conditions for Using automall.ae Website (GTC)

Welcome to the website of automall.ae. These General Terms and Conditions shall become effective at January 1st 2008.By clicking on the button ("Yes, I agree to the General Terms and Conditions of AUTOMALL.AE"), you agree to these General Terms and Conditions for Using the Public Area of the AUTOMALL.AE website as valid. In case you are acting as a consumer according to legal status, you can revoke your acceptance of this GTC and this user agreement in writing during a period of one month after concluding the contract. To revoke your acceptance please send a letter to AUTOMALL.AE or an E-Mail to our customer support to support@automall.ae subject "Revocation acc. to Distance Selling Regulations". To meet the deadline timely mailing of the revocation shall suffice. In case of a timely revocation, you are no longer bound to this user agreement or to your acceptance of these GTC. Your right of revocation expires as soon as you place an advertisement on the AUTOMALL.AE website, thereby initiating the service of AUTOMALL.AE according to the Dubai Civil Code.

Clause 1 - General
  1. AUTOMALL.AE operates databases accessible via the Internet in which, via the so-called Public Area, legal entities and natural persons capable to enter into legal transactions without limitations (hereinafter referred to as "participants") may advertise motor vehicles for sale against payment of a fee (advertisement function), and which said entities and persons can search for motor vehicles by means of the search function provided by AUTOMALL.AE .
  2. The present General Terms and Conditions for Use apply exclusively to the relationship between AUTOMALL.AE and the participants using the Public Area of the databases operated by AUTOMALL.AE (markets for Passenger cars, Trucks and Machinery). Any terms and conditions of a participant contradicting the present GTC or deviating from them shall not be valid.
  3. For the use of the Professional Domain, exclusively the General Terms and Conditions for the Professional Domain (GTC) shall apply.
  4. AUTOMALL.AE shall merely provide the technical requirements, in the form of databases, by which information (advertisements) is convoyed without in any influencing the contents of advertisements. In particular, AUTOMALL.AE is not itself the party offering the advertised vehicles for sale.
  5. AUTOMALL.AE is not involved in the relationship between the seller and the party interested in the purchase, or buyer, neither in the capacity of an intermediary nor as a party or representative of any party.
  6. Agreements that were initiated as a consequence of an advertisement being placed on AUTOMALL.AE shall be concluded and implemented without AUTOMALL.AE participating.
Clause 2 - Scope of Services
  1. Under the present Terms and Conditions, AUTOMALL.AE is under the obligation of providing an input mask for advertisements, of activating the advertisements placed via the input mask, and of ensuring that the advertisements in the AUTOMALL.AE databases can be retrieved via the Internet for the period agreed upon with the participant.
  2. AUTOMALL.AE promotes the advertisements placed by the participants in various ways, in particular by including them in other websites or other online and print media and promoting advertisements by indicating them in e-mails. The participant herewith consents to having its advertisements translated for this purpose for foreign media.
  3. The participants are entitled to use the AUTOMALL.AE website and its functions only within the scope of the current state of technology.
  4. AUTOMALL.AE reserves the right to temporarily restrict the possibilities of placing and retrieving advertisements if this is required due to capacity limits, for purposes of server safety or integrity or in order to implement technical measures and if this serves to provide for a due and proper, or improved, performance of the contractual services owed (maintenance work). In so doing, AUTOMALL.AE shall take into consideration the legitimate interests of all users, in particular by informing them prior to taking the above measures.
  5. In particular, technical reasons may mean that it is not possible, or possible only to a limited extent, to retrieve activated advertisements (unexpected system failures).
  6. Clauses 13 and 14 of the present General Terms and Conditions for Using the website shall remain unaffected hereby.
Clause 3 - Registration and user account
  1. The use of the AUTOMALL.AE Website requires a registration. The registration is not free. With the registration, a participant and AUTOMALL.AE conclude a contract regarding the use of the Public Area of the AUTOMALL.AE Website (hereinafter referred to as "user agreement?). A participant is not entitled to the conclusion of the user agreement.
  2. Only legal entities and natural persons capable to enter into legal transactions without limitations may register. In particular, minors are not allowed to register.
  3. The information a participant has to provide during registration has to be provided completely and correctly. The registration requires a valid e-mail address. A participant must choose a personal password, which is to be kept secret, and may not be disclosed to third parties.
  4. In case the information provided during registration changes later, the participant is obligated to update this information in his user account promptly.
  5. Every participant may only register once on the AUTOMALL.AE website. The simultaneous registration of more than one user account is prohibited. A circumvention of this regulation is not allowed. A user account is not transferable.
  6. AUTOMALL.AE reserves the right to delete user accounts, which have been inactive for a period of 6 months.
Clause 4 - Insertion and extension of advertisements
  1. A participant may place any advertisements in the Public Area of the AUTOMALL.AE website at the same time according to his account limit.
  2. Advertisements can only be inserted and extended for a time accorded. An advertisement can be extended indefinitely.
  3. In calculating the advertisement period, the day on which the advertisement is placed or extended shall not be included. The advertisement period shall commence at midnight on the day following the day the advertisement was placed or extended, and shall end upon expiry of the last day of the advertisement period. Upon expiry of said period, the advertisement will be automatically deleted from the database by AUTOMALL.AE .
  4. The General Terms and Conditions for Using the Public Area (GTC) and the AUTOMALL.AE Service prices for using the Public Area applicable in each case at the time the advertisement is placed or extended shall be authoritative for the contents of the Agreement and the advertisement price.
  5. Permitted modifications to an advertisement are not free of charge and can be negotiated with AUTOMALL.AE . .
  6. An advertisement may be deleted by the participant at any time. Should an advertisement be deleted by the participant, no reimbursement of an advertisement price already paid shall be made.
Clause 5 - Due Date of the Advertisement Remuneration, Payment.
  1. Payment for an advertisement can only be done by cash at the moment and may be done by credit card, direct debit or PayPal in the future. The remuneration for the inclusion of advertisements in the databases shall be due in advance, that is, before the advertisement is included in the database. In this context, it shall suffice to grant, in due time, debit rights by providing credit card details or by allowing direct debit or cash in due time.
  2. Should the collection of payment fail, the participant is to reimburse AUTOMALL.AE for the additional costs incurred, unless it is not responsible for such failure.
Clause 6 - Deletion of Advertisements, Blocking and other Measures
  1. AUTOMALL.AE may take the following measures if there is sufficient indication that a participant has violated statutory provisions, the rights of third parties or the present General Terms and Conditions for Using the Public Area (GTC), or if AUTOMALL.AE has any other legitimate interest (in particular in case of default in payment):
  2. In selecting the measure, AUTOMALL.AE shall take into consideration the legitimate interests of the affected participant, in particular whether there are indications that the participant is not responsible for the violation.
  3. AUTOMALL.AE may delete advertisements if, in terms of their content or layout, the advertisements violate the present General Terms and Conditions for Using the Public Area (GTC) (in particular the provisions set out under Clause 7 Nos. 1 - 8) or statutory provisions, or if they violate the rights of third parties. Should AUTOMALL.AE have deleted an advertisement, the participant shall nonetheless be under obligation to pay the price for the advertisement.
  4. AUTOMALL.AE may finally and conclusively suspend a participant from using the AUTOMALL.AE website, if the latter has repeatedly violated the present General Terms and Conditions for Using the Public Area (GTC), or has done so in particularly grave instances, or if another important cause is given.
  5. When a participant is suspended, he may no longer use the AUTOMALL.AE website and may not register a new user account.
  6. Participants may terminate the user agreement at any time. For this purpose, a participant can delete his user account at any time.
  7. AUTOMALL.AE may terminate the user agreement at any time with a cancellation period of 15 days. The right of suspension remains unaffected.
Clause 7 - Price Modifications, Changes or Amendments to the General Terms and Conditions.
  1. Price modifications shall be announced by modifying the Service prices retrievable via the Internet, stating the date of modification. The new advertisement price shall apply for the advertisements placed in the database and extended as per the date of amendment or modification.
  2. AUTOMALL.AE has the right to change the General Terms and Conditions for Using the Public Area (GTC) at any time without the disclosing of reasons. The new GTC will be disclosed to the participant before the insertion or extension of an advertisement. A participant must accept the new GTC to insert new advertisements or extend existing advertisements. An administrative access to the user account and the maintenance of existing advertisements remains possible without accepting the new GTC.
Clause 8 - Requirements as to the Contents and Layout of Advertisements
  1. The participant shall be under obligation of placing a vehicle only in the Clause provided for that type of vehicle (Post Passenger cars, Truck, Machinery). Only those advertisements are permitted which serve to sell motor vehicles and motor vehicle trailers as well as self-propelled and non-self-propelled motor-driven machines. In detail this shall refer to the following:
  2. The participants are under the obligation of providing complete and correct information with regard to the vehicle (especially year and mileage), the legal relationships concerning the vehicle as well as with regard to the remaining content of the advertisement. Vehicles equipped with a substituted engine must be identified as such. In this case, the actual mileage of the vehicle must be disclosed. Incorrect information provided by mistake (such as, for example, typing errors, placement in incorrect categories) are to be corrected without undue delay upon being discovered using the function ("Edit Section").
  3. During the insertion process, the participant must disclose if the vehicle is damaged to a not inconsiderable extent and these damages have not been repaired. This fact is to be stated by selecting "More Descriptions". A considerable damage in this sense refers to damages left without repair such as damages caused by traffic accidents, fire, hail or water, which are impossible to repair or can only be repaired if considerable financial means are expended. An exception shall be made for minor losses, which are to be entered in the space reserved for more descriptions as free text. The obligation to disclose known and repaired previous damage of a greater than inconsiderable extent shall remain unaffected hereby.
  4. It is not permitted to advertise more than the limit of advertisement accorded.
  5. It is not permitted to concurrently advertise the same vehicle in multiple instances in any of the categories. This shall also apply if the same vehicle is to be placed in the database at the same time by different participants. An exception is made for vehicles that are not immediately deliverable.
  6. During the term of the advertisement, the participant must be able to promptly conclude a legally effective sale agreement as to the offered vehicle with an interested party, to hand over the vehicle at the specified date of availability (used vehicles) or, respectively, at the date of delivery (new vehicles), and to have ownership in the vehicle devolve onto said interested party.
  7. The advertisements may be illustrated with photographs. The participant undertakes to place only such photographs in the AUTOMALL.AE databases which it is authorized to use without restrictions and which are not encumbered with third-party rights - in particular not with intellectual property rights of third parties. The photographs used may not be misleading and must reflect the actual conditions of the vehicle being offered in the advertisement. If the participant uses pictures from a catalogue, such use must be separately indicated.
  8. The advertisement may not violate statutory provisions nor may they be contra bonus mores by their wording, content, visual layout and intended purpose. Persons engaged in a trade or business must in particular observe the regulations of the Dubai Police and RTA.
  9. It is generally not permitted to include links to external websites or other external sources of information in an advertisement. Links in this sense also refer to non-activated web addresses (URLs) and parts thereof. Exempted are links to additional externally hosted pictures of the vehicle, PDF-files or multimedia presentations, if these contain additional information about the advertised vehicle (e.g. vehicle expertise, user manuals, etc.).
  10. It is moreover not permissible to include so-called service hotlines (value-added services) in the advertisements, which, when dialled, result in higher telephone charges for callers.
Clause 9 - Responsibility for the Contents of Advertisements
  1. Solely the participant shall be responsible for the contents of the advertisements. AUTOMALL.AE shall review the advertisements for neither correctness nor completeness. AUTOMALL.AE will not enter into any warranty for the correctness and completeness of advertisements.
  2. AUTOMALL.AE excludes any warranty and liability for the compliance of advertisements with statutory provisions.
  3. AUTOMALL.AE in particular excludes any warranty and liability arising from the fact that sale agreements initiated or concluded on the basis of AUTOMALL.AE advertisements are unenforceable according to the Local law of an affected Emirates, or in any other way result in legal or economic disadvantages for one or both parties to the sale agreement.
Clause 10 - Indemnification
  1. The participant shall release AUTOMALL.AE from any claims asserted by third parties against AUTOMALL.AE because the participant is violating by the participantís advertisement or by any other use of the AUTOMALL.AE website their rights. In so doing, the participant shall also assume the necessary costs incurred by defending the rights of AUTOMALL.AE , including any legal and court fees. This shall not apply if and to the extent the participant is not responsible for the violation of rights. rights. rights. rights.
Clause 11 - Database Updates, Deletion of Advertisements
  1. In order to make the vehicle search as interesting and successful as possible, AUTOMALL.AE takes all efforts to update its databases. This is why vehicle advertisements are to be deleted by participants as soon as the vehicle on offer has been sold or is no longer available for other reasons.
Clause 12 - Vehicle Search and System Integrity
  1. Participants may search for vehicles in the AUTOMALL.AE databases exclusively by means of the search masks offered by AUTOMALL.AE . It is not permissible to search for vehicles bypassing the search masks, in particular by using search ware accessing the databases of AUTOMALL.AE . Non-compliance will be prosecuted, among other aspects, under civil law under the aspect of interference with an established and operating business and will have consequences under criminal law under the aspect of illegal interference with affiliated industrial property rights as provided by Dubai Copyright Law. ht Law.
  2. Activities targeted at rendering the AUTOMALL.AE website dysfunctional or complicating its use are prohibited. The participant may not take any measures that may result in a strain on the AUTOMALL.AE infrastructure that is excessive or that users cannot reasonably be expected to tolerate. Participants shall not be permitted to block, rewrite or modify contents generated by AUTOMALL.AE , or in any other way to create a disturbance by interfering with the AUTOMALL.AE website.
Clause 13 - Warranty
  1. If the participant is entitled to statutory warranty claims, AUTOMALL.AE shall initially have the right to subsequent fulfilment of contractual obligations. This shall be effected by extending the advertisement period for the advertisement placed [in the database] by the respective participant..
  2. In cases of force majeure, AUTOMALL.AE shall be released from its obligation to perform. All unforeseeable events shall be deemed force majeure, as well as such events for the effects of which on the performance of the agreement, neither of the parties is responsible. Such events shall include in particular legitimate measures of collective action, also in third-party companies, official measures taken by authorities, the failure of communication networks and gateways of other providers, disturbances in the area of network operators and other malfunctions, also in case such circumstances occur in the area of subcontractors, sub-suppliers, their own subcontractors, or operators of sub nodal data processors. No claims shall result for participants for any failures for which AUTOMALL.AE is not responsible.
Clause 14 - Limitation of Liability
  1. Except if essential contractual obligations are violated, AUTOMALL.AE shall be liable for damages vis-a-vis companies only if and to the extent AUTOMALL.AE , its legal representatives, senior executives or other persons employed by AUTOMALL.AE in the performance of its obligations are culpable of having acted intentionally or with gross negligence. Should essential contractual obligations be violated, AUTOMALL.AE shall be liable for any culpable conduct of its legal representatives, senior executives or other persons employed by AUTOMALL.AE in the performance of its obligations.
  2. Vis-a-vis consumers, AUTOMALL.AE shall be held liable only for intentional and grossly negligent conduct. In case of essential contractual obligations being violated, of a debtor defaulting or of AUTOMALL.AE being responsible for it being impossible to perform contractual obligations, however, AUTOMALL.AE shall be liable for any culpable conduct of its legal representatives, senior executives or other persons employed by AUTOMALL.AE in the performance of its obligations.
  3. With the exception of intentional or grossly negligent conduct of legal representatives, senior executives or other persons employed by AUTOMALL.AE in the performance of its obligations, the liability of AUTOMALL.AE shall be limited in its amount to damages typically foreseeable at the time the agreement is concluded.
  4. A liability for the compensation of indirect damage, in particular for lost profits, shall only be given in case of intentional or grossly negligent conduct of legal representatives, senior executives or other persons employed by AUTOMALL.AE in the performance of its obligations.
  5. The above referenced exclusions and limitations of liability vis-a-vis entrepreneurs or consumers shall not be applicable in case of specific guarantees having been made by AUTOMALL.AE , nor in case of damages resulting from injury to life, limb or health or the violation of mandatory statutory provisions.
Clause 15 - Copyright and Usage Rights
  1. Any and all data, information, company logos, texts, programs and images of advertisements placed on the AUTOMALL.AE website shall be subject to copyright laws. The modification, further processing and usage by third parties in media of any kind is not permitted. The participant's rights shall remain unaffected hereby. It may continue to freely dispose of its own data and information.
Clause 16 - Exercise of rights by third party, transfer of contract
  1. AUTOMALL.AE may make use of other sister companies when performing the rights and obligations under the user agreement.
  2. AUTOMALL.AE has the right to fully or partially transfer the contract to a third party with a notification period of one month. In this case, a participant may terminate the contract. For this purpose, a participant can delete his user account at any time.
Clause 17 - Place of Performance, Applicability of Dubai Law, Jurisdiction
  1. To the extent the participant is an entrepreneur, the agreement to use the website and databases of AUTOMALL.AE , including these General Terms and Conditions for Using the Public Area (GTC) shall, in its application and interpretation, be subject exclusively to the laws of Dubai Courts.
  2. To the extent the participant is a consumer, the agreement to use the website and databases of AUTOMALL.AE , including these General Terms and Conditions for Using the Public Area (GTC) shall be subject to the laws of Dubai Courts, unless there are mandatory statutory provisions, in particular consumer protection provisions, to the contrary.
  3. Should the participant be a merchant, Dubai Chamber of Commerce shall be the exclusive place of jurisdiction for any disputes arising from or due to the use of the databases of AUTOMALL.AE.
Clause 18 - Severability Clause
  1. The ineffectiveness of individual provisions of the present General Terms and Conditions for Using the Public Area (GTC) shall not affect the validity of the remaining provisions. Such ineffective provisions shall be replaced primarily by legally effective provisions which come as close as possible in economic terms to said ineffective provisions. The same shall apply for any omissions in the provisions set out in these General Terms and Conditions.
AUTOMALL.AE may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting.
This Agreement was last amended on May 2008. Posting by AUTOMALL.AE of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms.
This Agreement may not otherwise be modified, except in writing by an authorized officer of AUTOMALL.AE.