We Cash Any Car Co LLC, registered in Dubai under license number 727555 which operates the site wecashanycar.com which carries out vehicle and transport means E-Trading activities. The registered address is PO Box 37686 in Dubai, United Arab Emirates
Including wecashanycar.com group companies
We Cash Any Car Co LLC, wecashanycar.com and any other past, present or future wecashanycar.com Group Company shall collectively be known herein as “WCAC”.
“You”, “your” and “yours”, irrespective of capitalisation, refers to the Buyer, Registered Member, Registered & Activated Member or Subscriber.
“We”, “us”, “our” and “ours” irrespective of capitalisation refers to WCAC.
The Buyer, Registered Member, Registered & Activated Member or Subscriber and WCAC shall collectively be known herein as “The Parties”.
3.0 ACCEPTANCE OF TERMS & CONDITIONS (hereinafter referred to as “TC”)
By using WCAC, you agree to be bound by all TC. If you do not agree with the TC, you will suspend your use of WCAC. WCAC reserve the right to update or revise the TC at our discretion and are subject to change without notice. You are responsible for periodically inspecting the TC for changes. You can review the most up to date version of our TC at our head office branch located in Al Barsha. If you decide to continue to use WCAC following any changes to the TC, you agree to be bound by these amendments. In addition, when using particular WCAC services you and WCAC shall be subject to any applicable rules and guidelines associated to said services. All rules and guidelines are hereby incorporated by reference into TC. The details that appear on WCAC is for informational purposes only. Despite our endeavour to provide relevant and precise information, errors may emerge occasionally. Prior to purchasing vehicles and/or associated services that you have assessed on WCAC, you should verify any information (as well as the price) that is pertinent to your decision to purchase. WCAC is not accountable nor makes any warranty expressly or implied, or recommendation regarding any vehicle/service provided for sale by WCAC or through our site. WCAC reserve the right to deny use of our products/services to anyone who does not adhere to our stipulations or who uses our products/services in a manner that the operators of WCAC deem improper. WCAC reserves the right, but acquiesce no obligation to move, edit or remove any posting or listing in relation to our product/services rendered. You understand and accept our services are provided on a “AS IS” and “WHERE IS” basis. WCAC strongly recommend to our Subscribers to perform their due diligence prior to submitting a numerical bid on a vehicle which should include but is not limited to Interpol, CARFAX, RTA or HPI checks to verify the background of products and/or services rendered.
4.0 DESCRIPTION OF SERVICES PROVIDED
WCAC is an online automotive inventory and ecommerce site that provides a platform for vehicle dealers, exporters, companies, consumers and other automotive related professionals who are conceivably inclined to buy or sell vehicles or related services.
As a Subscriber, you will have the opportunity to view vehicles on the WCAC platform, whereby not every vehicle will have been verified for sale. As a registered & activated member you can determine how much you are prepared to offer for a particular vehicle. If your bid/offer for said vehicle is accepted, your purchase transaction will be confirmed. Some vehicles are for final sale, whereby a price will be displayed and the vehicle purchase transaction can be completed immediately.
You accept that WCAC does not control or influence the price and any other provision of sales offered via its website/application and that these may be within the control of the dealer and/or seller of that particular vehicle/service. You further recognise and accept WCAC or one of our approved representatives has inspected the vehicle posted on the WCAC website/application to its best ability, however as a neutral facilitator in this mechanism has no control over the accuracy, legality, safety, truth or quality of postings. You understand and accept WCAC cannot and does not validate or substantiate the background, identity, abilities or qualifications of users, brokers, sellers and dealers and the like, nor does WCAC guarantee the condition and/or quality of the vehicles/services that are available for sale through this site. We therefore recommend you be cautious and exercise rationale and good judgement when making any purchase through our platform.
By searching the automotive/services listings that have been posted on the WCAC platform, you are appointing yourself as a “Buyer”. Buyers are entities that are conceivably interested in purchasing vehicles/services that have been posted on the WCAC website/application. The website/application provides a platform whereby buyers can view vehicles and related services that may be of interest to them and the information that is provided for the buyer to place a bid on a vehicle/service. By using the WCAC services, accessing its platform and purchasing vehicles, you are acknowledging and confirming you have all the necessary and valid government licenses required to conduct commerce in vehicles and are a professional vendor in vehicles encompassing both new and used.
6.0 MEMBERSHIP AND SUBSCRIPTION RESPONSIBILITY
To acquire access to the features of our platform, you will be given the opportunity to subscribe with WCAC. WCAC require subscription if you wish to use any of the features of the website/application. In consideration of your use of the service, you agree to:
- Provide true, current, accurate and complete information pertaining to yourself as prompted by the subscription form (such information being “Subscription Data”) and;
- Ensure any amendments to the Subscription Data is made promptly thus making it true, current, accurate and complete at all times.
If you provide information that is untrue, out of date, inaccurate or incomplete or WCAC has reasonable grounds to believe that such information is untrue, out of date, inaccurate or incomplete, WCAC has the right to suspend or terminate your account and refuse all and any ongoing and future use of the service (or any portion thereof). Subscribers have access to such features as detailed information associated with inventories and can partake in purchasing vehicles. You accept that not all vehicles posted on WCAC are for immediate sale as they may be subject to the owner agreeing to your numerical offer. You additionally accept that there are particular features and/or services provided through WCAC that may have their own purchase policies and/or terms of services; by using these features/services you agree to be bound by their respective terms. Membership at WCAC is only open to individuals who are of 18 (eighteen) years of age or older. Notwithstanding WCAC reserve the right to decline membership privileges to any individual at its sole and absolute judgement. Registered & Activated Members, normally known as but not exclusively as Traders, must complete the subscription form and pay a subscription fee for access to vehicles posted on WCAC. Refunds will be issued 21 (twenty one) working days after subscription has been cancelled, all outstanding amounts have to be cleared and the bank account details of the account holder have to be submitted to WCAC. Due to Anti Money Laundering legislation WCAC will only refund deposits via bank transfer in USD or AED and charge the bank transfer fees to the member. Subscription is valid for 1 (one) year and must be renewed annually. WCAC reserves the right to keep the deposit if the member has not renewed or cancelled subscription after expiry of the membership. WCAC reserves the right to implement subscription and renewal fees at any time without any prior notification. By completing your subscription WCAC will automatically include you in our communications about new products and services we believe may be of interest to you from us and our trusted partners. If you don’t wish to be included in our communications list please click on the “unsubscribe” link provided at the bottom of every email.
7.0 SUBSCRIBER ACCOUNT
You will receive an account identification, along with its associated User ID and Password once you have completed the Subscription Process. You are responsible for maintaining the concealment of your User ID and Password and are wholly responsible for all activities that occur on your account. You agree to immediately notify WCAC of any unauthorised use or access of your account or any other security breach. You should ensure you have successfully logged out of your account at the end of each session. WCAC cannot and will not be liable for any damage or loss arising from your failure to comply with this section.
8.0 DELIVERIES, FEES AND PAYMENT
You accept to make payments for associated fees and payments for services rendered associated with the sale and purchase of vehicles; including but not limited to, purchasing fee, entry fee, sales fee, handling cash fee, releasing fee, storage fees, late payment fees and any other associated charges and fees. The buyer is wholly responsible to corroborate fees/charges levied by WCAC prior to incurring such fees. WCAC reserve the right to amend all associated fees without any prior notice. Payment for vehicles/services must be made immediately or within no later than 24 (twenty four) hours of receiving notification of a successful bid. Vehicles that haven’t received payment within the above specified time frame will be repossessed and made available to other interested parties and your Subscription fee which you would have paid when subscribing, will be recompensed to WCAC and kept in full. Your account can be reactivated at WCAC’s discretion, however you would need to pay a Subscription fee again. WCAC will levy a charge of 100 AED per day for each vehicle not collected by the buyer as storage fees. The fee will commence 48 (forty eight) hours after the announced delivery date has been provided by WCAC (see section “Delivery of Purchased Vehicle & Conveyance of Title”). WCAC at its sole discretion reserve the right to forgo any late fees or penalties incurred by the buyer.
9.0 BUYING POLICIES
WCAC is providing an Ecommerce Platform. We are not conducting auctions. If a Subscriber places a bid on a vehicle, they have an obligation to complete the transaction, provided the seller accepts the offer. Once a bid has been acknowledged by WCAC, it cannot be deleted, forfeited, cancelled or retracted. WCAC accepts no liability if the Subscriber’s registration information including user ID and password is misplaced, lost or stolen. WCAC accepts no responsibility for any cancelled bids. WCAC reserve the right to void, reject or cancel any bids for any reason at its sole and absolute discretion. Should a dispute arise in relation to a bid, WCAC is the sole determining dominion with complete discretion in resolving disputes. Traders accept to compensate, preserve and hold WCAC not liable for any liability arising from decisions made whilst resolving disputes. WCAC may at its sole and absolute discretion and with or without any prior notice, cancel or postpone a sale or withdraw a vehicle from sale. WCAC will neither have an obligation or liability to Subscriber’s as a result of any vehicle retraction, sale cancellation or postponement. If a Subscriber’s bid is accepted, they have an obligation to purchase the vehicle and will be notified as such by WCAC. Any purchase transaction or bid has a validity period of 21 (twenty one) days and needs to be honoured by the buyer. Following on from notification, the buyer will have the standard allotted time to pick up the vehicle before late payment or storage fees are applied. WCAC shall not be responsible for damage that is brought to the attention of WCAC management after the vehicle has been collected. Buyer will have been deemed to accept delivery of the vehicle in its current condition once the online transaction for purchase has been completed and the vehicle is available for collection.
10.0 SALES CONTRACT
Your offer to purchase constituted by your price bid and our confirmation of the vehicle purchase transaction represents a legally binding sales contract.
This sales contract will be subject to these TC. WCAC will expect the Subscriber (the “Buyer”) to make a payment in full immediately, or within a maximum time frame of 24 (twenty four) hours. WCAC will then advance with the deregistration process of the vehicle. In certain instances whereby the vehicle still has an outstanding loan amount with a financial institution, this may cause a delay with the deregistration process by up to 3 (three) weeks.
The Buyer and We Cash Any Car Co LLC, License Number 727555, registered in Dubai, United Arab Emirates (hereinafter known as “Seller” shall collectively be known herein as the “Sales Parties”, WHEREAS Seller aspires to sell the vehicle described on WCAC’s website/application, known herein as the “Acquired Vehicle”, under the terms & conditions set forth in this TC document; WHEREAS, Buyer aspires to purchase the Acquired Vehicle offered for sale by the Seller under the terms & conditions set forth in this TC document and therefore, IN CONSIDERATION of the mutual promises and other valuable consideration exchanged by the Sales Parties as set forth herein, the Sales Parties, intending to be legally bound, hereby agree to the purchase price presented and verified on WCAC’s website/application. The Purchase Price payment can be made by the Buyer to the Seller by Bank Transfer. The bank transfer details will be provided upon request and be available on WCAC’s website/application. They will also be confirmed via Email to the Buyer’s registered email address.
11.0 DELIVERY OF ACQUIRED VEHICLE & CONVEYANCE OF TITLE
11.1 Delivery of Acquired Vehicle
Seller shall deliver the Acquired Vehicle and Buyer shall take possession of said vehicle at the Seller’s premises once the payment has been confirmed as received at the Seller’s bank account.
11.2 Delivery Date
“Delivery Date” is the next business working day, unless there are reasonable circumstances preventing the delivery of the Acquired Vehicle, whereby WCAC will inform the buyer regarding the amended Delivery Date. In some instances whereby the vehicle has an outstanding loan amount with a financial institution, the deregistration process could be delayed for up to 3 (three) weeks. It is the buyer’s responsibility to ensure they either appear in person or send an approved third party to the seller’s premises during the standard working hours, on or before the Delivery Date to collect the Acquired Vehicle from the Seller’s premises. However if the buyer fails to appear at the Seller’s premises on or before the Delivery Date to take possession of the Acquired Vehicle, the risk of loss passes to the buyer on the Delivery Date and storage fees will apply as per our TC.
11.3 Conveyance of Title
Seller shall convey title to buyer upon delivery of the Acquired Vehicle to Buyer. Seller agrees and accepts to execute all documents presented to Buyer, which are required to finalise transfer of the title and registration of the Acquired Vehicle to the Buyer.
12.0 WARRANTIES, BUYER REPRESENTATIONS & DISCLOSURES
The Acquired Vehicle is sold on an “AS IS”, “WHERE IS” basis. The Seller does not in any way, expressly or implicitly, provide any warranties to the Buyer. The Seller categorically denies any implied warranties as vendible or fit for a specific purpose.
12.2 Buyer Representations
The individual verifying the acquisition on WCAC’s website/application on behalf of the Buyer hereby represents to the Seller that he or she has the necessary authority and power to do so on behalf of the Buyer.
12.3 Buyer Responsibility
Insurance and Registration. Buyer accepts that unless restricted by applicable law, any license, plates, insurance or registration preserved by the Seller on the Acquired Vehicle shall be annulled upon delivery of Acquired Vehicle to, and the acceptance of Buyer.
12.4 Indemnification of Legal Fees & Out of Pocket Costs
Should any Sales Party materially contravene this agreement (including warranties and representations made to the other party), the non-contravening Sales Party shall be compensated by the contravening Sales Party, for its reasonable legal fees and out of pocket costs which in any way correlate to, or were expedited by, the contravention of this contract (including the contravention of warranties or representations). This provision shall not limit in any way the redress either Sales Party may have otherwise possessed in law or equity, relative to a contravention of this contract.
This agreement sets forth the entire agreement between the Sales Parties with regards to the subject matter hereof. All prior existing agreements, warranties, representations, expressed or implied, written or oral, with respect to the subject matter hereof, are hereby superseded by this agreement. This is an integrated agreement.
In the occurrence any provision of the Agreement is deemed to be invalid, void or unenforceable, that provision shall be severed from the remainder of this agreement so as not to cause the invalidity or unenforceability of the remainder of the agreement. All remaining provisions of this agreement shall continue in full effect. If any provision shall be deemed invalid due to its scope, such provision shall be deemed valid to the extent of the scope permitted by law.
Except as alternatively provided in this document, this agreement may be modified, voided or superseded only upon the written and signed agreement of the Sales Parties. Furthermore the loss or physical destruction of this document shall not be deduced as a modification or cessation of the agreement contained herein.
Each Sales Party accepts that he or she has had an ample opportunity to read and study this agreement, to consider it, to consult with legal advocates if he or she is inclined to do so.
13.0 Exclusive Jurisdiction for Suit in Case of Breach
The Sales Parties, by entering into this agreement, submit to jurisdiction in the United Arab Emirates for judgement of any disputes and/or claims between the Sales Parties under this agreement. Furthermore, the Sales Parties hereby agree that the courts of the United Arab Emirates shall have exclusive jurisdiction over any disputes between the Sales Parties relative to this agreement, whether said disputes sound in contract, tort or other areas of the law.
By completing a vehicle purchase transaction on WCAC’s website/application you (the “Buyer”) are acknowledging acceptance and agreement of these TC and this agreement. The vehicle purchase transaction is verified and effective upon the purchase transaction confirmation by WCAC’s website/application or email.
Minors under the age of 18 (eighteen) are not eligible to use the services offered/provided through WCAC’s website or to register for any accounts. You are wholly responsible for your minors online conduct and the consequence of any misuse of the service by your child.
16.0 WCAC CONTENT
You understand all data, graphics, information, messages, music, software, sound, text, video or other materials (“content”), whether publically posted or private, are the sole responsibility from the person whom such content originated. You accept by using the service, you may be exposed to content that is indecent, offensive or questionable. Under no circumstances will WCAC be liable in any manner for any content, including but not limited to, any errors or omissions in content, any loss or damage incurred as a result of any content posted, transmitted, emailed or otherwise made available through the service. Any advice, offers, opinions, services, statements or other information or content expressed or made available by third parties, including information providers, users are those of the respective author(s) or distributor(s) and not necessarily of WCAC. You understand and accept that you are wholly responsible for the retrieval and use of the content, products, transactions or services available on or through the service. You should apply your own judgement in handling the content, including but not limited to the use of the content as the foundation for any conclusions or for the sale or purchase of any vehicles, services or other transactions.
17.0 THIRD PARTY CONTENT
The service may provide links to third party websites and resources. As WCAC has no control over such websites and resources, you accept and agree that WCAC is not responsible for the availability of such external websites or resources, nor does it endorse or accept any responsibility or liabilty for any advertising, content, products or other materials on or available from such websites or resources. You further accept and agree that WCAC shall not be liable or held responsible, directly or indirectly for any loss or damage caused or alleged to have been caused by or in connection with the use of or reliance upon any such goods, services or content available on or through any such website or resource.
18.0 DEALING WITH ADVERTISERS
Your agreement or business dealings with, or participation in the promotions of, Sellers, brokers, dealers and advertisers found on or through our Services, including payment and delivery of related goods or services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such Seller or Advertiser. You accept that WCAC shall not be held liable or responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such Sellers or Advertisers on the Service.
You accept WCAC does not pre-approve content, but that WCAC and its designees shall have the absolute right (but not the obligation) in their sole discretion to refuse or remove any content that is available through the service. Without limiting the foregoing, WCAC, its designees shall reserve the right to remove any content that violates the TC or is otherwise unsuitable. You accept that you must evaluate and bear all associated risks with the use of the content, including any reliance on accuracy, helpfullness and completeness of such content. In this regard, you accept you may not wholly rely upon any content created by WCAC or submitted to WCAC, including but not limited to information in the message centre, customer projects, professional profiles and in all other parts of the service. You acknowledge and accept that WCAC may preserve content and may also disclose content if compelled to do so by law or in good faith that such preservation or disclosure is reasonably necessary to:
- Comply with a legal process
- Enforce the TC
- Respond to claims that any content violates the rights of third parties
- Protect the property, rights or personal safety of WCAC, its users & the general public
20.0 GENERAL PRACTICES PERTAINING TO USE & STORAGE
You accept that WCAC may enact general practices and limits regarding use of the services, including, without limitation, the maximum number of days that profiles, messages or other uploaded content will be retained by the service, the maximum number of messages that may be sent from or received by an account on the service, the amount of disc space allocated on WCAC servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the service in a given period of time. You accept WCAC has no liability or responsibility for the failure to store or deletion of any messages, communications or other content maintained or transmitted via the service. You accept that WCAC reserves the right to log off accounts that are inactive for an extended period of time. You further accept that WCAC reserves the right to change or amend these general practices and limits at any time, in its sole discretion, with or without notice.
21.0 MODIFICATIONS TO SERVICE
WCAC reserves the right at any time to amend, suspend, discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You accept that WCAC shall not be held liable to you or any third party for any amendment, suspension or discontinuation of the Service.
22.0 TERMINATION OF ACCESS
You accept that WCAC in its sole discretion, may discontinue your account (or any part thereof) or use of the Service and remove and eliminate any content within the service, for any reason including, but not limited to, lack of use, or if WCAC considers you to have breached or acted in a manner which is not within the letter or spirit of the TC. WCAC in its capacity and sole discretion may discontinue providing the Service, or any part thereof, with or without prior notice. You accept that any termination of your access to the Service under any provision of the TC may be effected without prior notice, and accept that WCAC may immediately deactivate or delete your account and all relevant information and files in you account and/or restrict any further access to such files or the Service. Furthermore you accept WCAC shall not be held liable to you or any third party for any termination or restriction of your access to the Service.
You accept to indemnify and hold WCAC, its parent company, subsidiaries, affiliates, agents, co- branders, or other partners and employees harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising from, content you submit, transmit, post or make available through the service, your use of the service, your connection to the service, your violation of the TC, or your violation of any rights of another.
24.0 RESALE OF SERVICE
You accept not to duplicate, copy, reproduce, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the service, or access to the service.
Also, you accept you will not engage in any type of data copying (including mass copying), scraping, or spidering with regards to this platform.
25.0 WECASHANYCAR’s PROPRIETARY RIGHTS
You agree to and accept that the Service and any associated necessary software used in relation to the Services (“Software”) contain proprietary and classified information that is preserved by applicable Intellectual Property and other relevant laws. You further agree and accept that content contained in sponsor broadcasts or information presented to you through the service or advertiser is protected by trademarks, copyrights, patents, service marks or any other proprietary laws and rights. Barring as expressly authorised by WCAC or advertisers, you agree not to amend, create derivatives, copy, lease, loan, modify, rent or sell works based upon the Software of the Service, in whole or in part. WCAC awards you a personal, non transferable and non exclusive license and right to use the object code of its Software on a single personal computer, provided that you do not (and do not allow any third party to) amend, create derivatives, copy, lease, loan, modify, reverse assemble, reverse engineer or otherwise attempt to obtain any source code, assign, grant a security interest in, sell, sublicense or otherwise transfer any right in the Software. You accept not to amend the Software in any form or manner, or to use amended versions of the Software, including without limitation, for the purpose of acquiring unauthorised access to the Service. You agree not to access the Service by any means other than through the interface that is provided by WCAC for use in accessing the Service.
26.0 COPYRIGHT INFORMATION
The Content on WCAC is protected by numerous copyright laws. You accept not to redistribute, reproduce or republish any content including but not restricted to, framing, caching and similar means, without express written permission of the copyright owner. If you believe that your work has been reproduced in a manner that constitutes copyright infringement, or your intellectual property rights have been otherwise contravened, please inform WCAC immediately.
27.0 TRADEMARK INFORMATION
WCAC, the WCAC logo and all other WCAC brand names and logos are trademarks of We Cash Any Car Co LLC. All other brand names, company names and logos used on WCAC are the trademarks of their respective owners. You accept that you will not display or use in any manner, any of the trademarks without the express written consent from WCAC or the trademark owner.
28.0 DISCLAIMER OF WARRANTIES
YOU DEFINITIVELY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS. WCAC DEFINITIVELY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
- WCAC MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS THAT: (i) THE SERVICE OR RESULTS DERIVED FROM THE SERVICE WILL MEET YOUR EXPECTATIONS AND REQUIREMENTS, (ii) THE INFORMATION, CONTENT, SERVICES OR PRODUCTS OBTAINED BY YOU THROUGH THE SERVICE WILL BE RELIABLE, ACCURATE, (iii) THE SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR FREE, (iv) THE QUALITY OF ANY PRODUCT (VEHICLE), INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, AND (v) ANY ERRORS OR DEFECTS WILL BE CORRECTED.
- IF YOU DEPEND ON THIS SERVICE OR ANY INFORMATION OR MATERIAL AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. YOU ALSO ACCEPT THAT YOU ARE EXCLUSIVELY RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU MAY BE SUBJECTED TO THAT RESULTS FROM YOUR USE OF ANY OF THE SERVICE, INFORMATION OR MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SERVICE. d. NO INFORMATION OR ADVICE, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM WCAC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TC.
29.0 LIMITATION OF LIABILITY
YOU DEFINITIVELY UNDERSTAND AND ACCEPT THAT WCAC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLE LOSSES (EVEN IF WCAC HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR INABILITY TO USE THE SERVICE;
- THE COST OF ACQUISITION OF SUBSTITUTE SERVICES AND GOODS RESULTING FROM ANY DATA, GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED, OR TRANSACTIONS ENTERED, OR MESSAGES RECEIVED, INTO, THROUGH OR FROM THE SERVICE;
- UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- DECLARATION OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
- ANY OTHER MATTER CORRELATING TO THE SERVICE. YOU ACCEPT THAT THE LIABILITY OF WCAC AND ITS PARENT, AGENTS, AFFILIATES AND LICENSORS, IF ANY, EMERGING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY EMERGING OUT OF OR OTHERWISE RELATED TO THE SERVICE, WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO WCAC FOR USE OF THE SERVICE. AS SOME JURISDICTIONS DO NOT ALLOW THE OMISSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
30.0 NO AGENCY
WCAC and you are independent contractors, and no joint venture, partnership, agency, employer- employee or franchisor-franchisee accord is conceived or intended by these TC.
31.0 INTERNATIONAL USE
Perceiving the universal nature of the internet, you accept that you have to adhere to all local regulations concerning your online behaviour and acceptable content. Expressly, you agree to abide by all applicable laws and regulations in relation to the transmission of technical data exported from the country in which you reside.
The Subscriber endeavours to treat and preserve all confidential information, as strictly confidential and ensure it is not disclosed to anyone, except with the prior written consent of WCAC, and only after such person has signed a confidentiality contract which encompasses terms that are not less prohibitive than the terms of this clause. Confidential information relates to any code, information or material possessed by or regarding any WCAC related party, in whatever form including but not limited to verbal, written, visual or electronic form, on tape or disk (whether or not owned or developed by any WCAC related party) of which the Subscriber may obtain knowledge, directly or indirectly, via or as a result of WCAC’s website/application usage, access to WCAC’s related party’s premises or through discussions, conference and communications with any WCAC related party’s directors, agents, employees, consultants, representatives or professional advisors including, without limitation the terms and conditions of this agreement. The Subscriber shall not either directly or indirectly, transmit to or discuss with other persons or parties, including but not limited to relatives and acquaintances, any confidential information, especially authorised login details to WCAC’s website/application and services.
The constraints outlined under this clause shall remain in force even though:
- The confidential information has become known to the general public and/or third parties.
- The confidential information has been disclosed or supplied to the Subscriber by any person other than WCAC.
- The confidential information was in the possession of the Subscriber prior to its divulgence by WCAC.
If the Subscriber commits an infringement of any of his/her obligations or responsibilities under this clause, he/she shall be fully accountable to WCAC for all damages and losses incurred or may be incurred as a result of such infringements, including but not limited to compensatory damage, lost opportunity, lost profit, legal fees and court fees as well as liquidated damages.
33.0 GENERAL INFORMATION
The TC constitutes the absolute agreement between you and WCAC and governs your use of the Service and overrides any previous agreements between you and WCAC. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third party content or third party software. You and WCAC expressley exclude the application of The United Nations Convention on Contracts for the International Sale of Goods and the Sale of Goods Act 1979 (UK), as replaced, amended or re-enacted from time to time. The Service and the Content is not to be interpreted as any form of endorsement, promotion, recommendation or an offer to sell any product or service by or to enter any transaction with WCAC. You and WCAC agree to concede to comply with the personal and exclusive jurisdiction of the courts located within the United Arab Emirates. The failure of WCAC to enforce or exercise any provision or right of the TC shall not constitute a waiver of such provisions or rights. If any provision of the TC is found by a court of appropriate jurisdiction to be invalid, the parties nevertheless agree that the courts should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the TC shall remain in full force and effect. You accept that despite any statute or law to the contrary, any claim or cause of action arising out of or related to use, shall be resolved by a binding arbritation held in the United Arab Emirates and before a single arbitrator, who is independ of the parties, legally proficient and experienced in the field of Information Technology.
34.0 LANGUAGE OF AGREEMENT
This Membership Agreement may be executed in more than one language by agreement between the Parties, and if there arises some conflict between the various translations of this Membership Agreement, then the English version shall prevail.
Whilst using our platform WCAC ask you for personal information. We may use this data to send you marketing information that we believe may be of benefit to you, however you will be able to unsubscribe from this service at any point.
Your Personal information will be stored and utilised by WCAC, but will not be revealed to any unauthorised person or body. Where relevant, we may use such information to undertake marketing activities.
WCAC may share data with selected and approved business partners and merchants with whom we work. This includes but is not limited to companies that offer frequent user and reward programmes; and companies that execute marketing services and other business operations on our behalf (including supplying services and goods to our users, which are necessary to complete the requested transactions). We may provide cumulative statistics about our traffic patterns, sales, customers and associated site information to trustworthy third party companies. We may reveal personal information we collect from you if we are compelled to do so by law or in the good faith belief that divulging is necessary;
- To Obey the law or adhere to legal processes served on us or our affiliates;
- To defend and protect our property and rights, or the property and rights of our website/applications users;
- To act in an emergency to preserve the personal safety of the users of our website/application or the general public.
A HTTP cookie is a small piece of data that can be saved by your computers hard drive. It can be used by the website/application you are visiting to work more competently by providing information to the owners of the website/application. Based upon this unidentifiable information we are then able to study our areas that need improvement, thereby improving your experience with ourselves. Cookies do not contain sensitive or personal information about you, for instance your card details, address or telephone number.
Cookies also appropriate details of your browsing pattern, in order to deliver pertinent content from selected third party remarketing suppliers when visiting other websites.
36.0 Managing Cookies
By using our site, you accept WCAC will operate cookies on your apparatus. Cookies are reasonably easy to manage. If cookies are not enabled on your apparatus, it may effect your experience on our website/application and you may not be able to use certain features as they were intended to be used.
37.0 Consent to Global Processing
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IN WITNESS WHEREOF and acknowledging compliance and agreement of the foregoing, the Parties affix their signatures hereto.