WELCOME TO INCAR!
PLEASE READ THIS IMPORTANT LEGAL INFORMATION THAT GOVERNS YOUR USE OF THE INCAR.AE WEBSITE AND THE SERVICES.
Last modified: 14 April 2019
Incar DMCC FZE (“Incar”), located at the office N 508, Fortune Tower, Jumeirah Lakes Towers, Dubai provides digital advertising and chat services (collectively the “Services”) on the Incar website at www.incar.ae and the mobile application of the online platform (collectively the “Website”). Your use of the Website and the Services is governed by these Terms of Service.
These Terms of Service provide you with information about the terms upon which we agree to provide, permit and allow you to access and use the Website. Please print a copy of these Terms of Service and refer to it as you use our Systems and Services. You agree to be bound by these Terms of Service if you continue using the Website. If you do not agree to these Terms of Service, you must immediately refrain from using the Website and the Services.
We may make changes to the Terms of Service and will notify you of these changes by changing the date “last modified” above. IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE SYSTEMS AND SERVICES. YOU’RE CONTINUED USE OF THE SYSTEMS AND SERVICES NOW OR FOLLOWING THE POSTING OF ANY SUCH CHANGES WILL INDICATE YOUR ACCEPTANCE OF THESE TERMS AND ANY CHANGES.
If you are a company advertising on our website you will be required to enter additional terms and conditions set out in our Advertising Order Form, however, please note that these Terms of Service will still apply and must be read in conjunction with any other agreement you enter with Incar.
1.1 The Website and the Service are provided to you subject to these Terms of Service (these "Terms"). By accessing the Website or using the Service, you agree that you have read, understood and agree to be bound by these Terms. For the purpose of the Terms and wherever the context so requires, the terms 'you' and “your” shall mean any person who uses the Website or the Service in any manner whatsoever including persons browsing the Website and its content, posting comments or any content or responding to any advertisements or content on the Website.
1.2 By accessing and/or using the Website and/or the Service, you agree to comply with these Terms. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change or be updated from time to time at Incar’s sole discretion.
1.3 You are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with Incar or the Service in any way, you must immediately discontinue use of the Website and the Service.
1.4 These Terms may be updated by Incar at any time at its sole discretion. It is your responsibility to keep a copy of these Terms and check the date “last modified” at the top of this page.
1.5 Incar may provide a translation of the English version of the Terms into other languages. Any translation of the Terms into other languages is for your convenience only and the English version governs the terms of your relationship with Incar. Furthermore, if there are any inconsistencies between the English version of the Terms and any translation, the English version of the Terms shall prevail.
1.6 The term "affiliates" as referred to in Sections 10 and 20 of these Terms means: any company controlled or owned by Incar; any company commonly controlled or owned with Incar; or any group entity jointly offering the Service.
2.1 This Section 2 has important legal consequences for you. In this section: - the legal responsibilities and liabilities of Incar are excluded or limited; - you take on risk, responsibilities and liability; and - any rights you have against Incar are limited or excluded. The statements made in this section constitute acknowledgements of fact by you. You must read these statements carefully and ensure they are correct, as you will not be able to deny the truth of the statements. Incar and/or other persons may have claims and other rights against you as a result of these statements.
2.2 Incar.com is a platform to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the Website. Although you may be able to conduct payment and other transactions through the Website, using third-party vendors, Incar is not in any way involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that Incar is not a party to such transactions, has no control over any element of such transactions, and, as far as the law allows, shall have no liability towards any party in connection with such transactions. As far as the law allows, you use the Service and the Website at your sole risk and responsibility.
2.3 You understand that Incar is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails or chats or other means of electronic communication, whether through the Website or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Website and the Service ("Content"), and that by using the Website and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. As far as the law allows, you are responsible for and must evaluate, and bear all risks associated with, the use of any Content. You may not rely on said Content, and under no circumstances will Incar be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Service. Incar is not obliged to pre-screen or approve any Content, but Incar has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to Incar’s knowledge or for any other reason or no reason at all. Furthermore, the Website and Content available through the Website may contain links to other third party websites ("Third Party Websites"), which are completely unrelated to Incar. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. As far as the law allows, Incar makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Websites, and your linking to any other websites is, as far as the law allows, completely at your own risk and Incar disclaims all liability thereto.
2.4 You are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that:
(i) you own or have and shall continue to, for such time the Content is available on the Website, have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Website (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize Incar to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms; and
(ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Website, you hereby grant to Incar an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and Incar's (and its successors') business, including without limitation for the purpose of promoting and redistributing part or all of the Website and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by Incar in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to Incar all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Website by any party for any purpose which contravenes these Terms. These rights are perpetual and cannot be revoked by you and will apply and can be exercised throughout the world. You also hereby grant each user of the Website a non-exclusive license to access your Content through the Website (this license excludes automated data collection/scraping cases and any other possible use with commercial purposes). The foregoing license to each user granted by you terminates once you or Incar remove or delete such Content from the Website.
2.5 Incar does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and, as far as the law allows, Incar expressly disclaims any and all liability in connection with user Content. Incar does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Incar may, at its sole discretion, remove any infringing Content. Incar reserves the right to remove any Content without prior notice. Incar may also terminate a user's access to the Website. Further, at its sole discretion, Incar reserves the right to decide whether any Content is appropriate and complies with these Terms.
You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Site, or otherwise make available Content:
4.1 that violates any law or regulation;
4.2 that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant Incar all of the license rights granted herein;
4.3 that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
4.4 that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
4.5 that harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4.6 that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant;
4.7 that includes personal or identifying information about another person without that person's explicit consent;
4.8 that impersonates any person or entity, including, but not limited to, a Incar employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
4.9 deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
4.10 that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch" offer;
4.11 that constitutes or contains "pyramid schemes", “jokes”, "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "bait marketing", "negative option marketing", "referral selling" or unsolicited advertisements of a commercial nature;
4.12 that constitutes or contains any form of advertising or solicitation if (i) posted in areas or categories of the Website which are not designated for such purposes; or (ii) e-mailed to Incar users who have requested not to be contacted about other services, products or commercial interests;
4.13 that includes links to commercial services or Third Party Websites, except as specifically allowed by Incar;
4.14 that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
4.15 that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;
4.16 that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
4.17 that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
4.18 contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post advertisement on a third party Website or post any advertisement on behalf of such user; or to "stalk" or otherwise harass anyone;
4.19 make any libelous or defamatory comments or postings to or against anyone;
4.20 collect personal data about other users or entities for commercial or unlawful purposes;
4.21 use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g,. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
4.22 post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
4.23 post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
4.24 attempt to gain unauthorized access to computer systems owned or controlled by Incar or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website;
4.25 use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of Incar's "flagging system" or other community control systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation; or
4.26 use any automated device or software that enables the submission of automatic postings on Incar without human intervention or authorship (an "automated posting device"), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals.
5.1 Incar may charge a fee to post Content in some specific areas of the Service (Paid Content). The fee permits Paid Content to be posted in a designated area of the Website. Each party posting Paid Content to the Service is responsible for the Content and compliance with the Terms. Any such fees paid hereunder are non-refundable in the event any Content is removed from the Service for violating these Terms. Additional terms regarding Paid Content will be fully stated in the applicable section(s).
6.1 As used herein, the term "Posting Agent" refers to a third-party agent, service or intermediary that offers to post Content to the Service on behalf of others. Incar prohibits the use of Posting Agents, directly or indirectly, without the express written permission of Incar. In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service in order to post Content on behalf of others, except with express written permission or license from Incar.
7.1 Incar grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: (a) access to or use of the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Incar or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a "general purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). Incar may limit the amount of postings displayed on or linked to your website. Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Incar.
8.1 If you are an owner of intellectual property rights or an agent who is fully authorised to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorised to act, you may submit a notification to Incar together with a request to Incar to delete the relevant Content in good faith. The notification and the request must contain the following information:
8.1.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
8.1.2 Identification of the intellectual property rights claimed to have been infringed, or, if multiple intellectual property rights at a single online site are covered by a single notification, a representative list of such works at that site;
8.1.3 Identification of the Content (by means of data or communication link, etc.) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Incar to locate the material;
8.1.4 Information reasonably sufficient to permit Incar to contact you, such as an address, telephone number, and an electronic mail address;
8.1.5 A signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right-owner, its agent, or the law;
8.1.6 A signed statement that the intellectual property-owner hold Incar harmless from any claim of any third party in connection with the removing by Incar of the relevant content; and
8.1.7 A signed statement that the information in the notification is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications must be sent to: email@example.com.
9.1 The materials on the Website, other than the user Content that you licensed under these Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Incar, and are subject to copyright and other intellectual property rights under United Arab Emirates and foreign laws and international conventions. In connection with the Services, the Website may display certain intellectual property goods belonging to third parties. Use of these goods may be subject to license granted by third parties to Incar. You shall, in no event, reverse engineer, decompile, or disassemble such goods and nothing herein shall be construed to grant you any right in relation to such goods. Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Incar reserves all rights not expressly granted herein to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes. . You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof for further reproduction or redistribution is expressly prohibited.
10.1 This Section 10 has important legal consequences for you. In this section: - the legal responsibilities and liability of Incar are limited or excluded; - the rights or remedies you may have against Incar are limited or excluded; and - you take on risk, responsibilities and liability. You accept that various things can go wrong when using the Website and/or the Service, and/or when viewing and/or using the Content. You take on the responsibility and liability of these events happening and will have no claim against Incar if they happen. When using the Website, you will be exposed to Content from a variety of sources, and that, as far as the law allows, Incar is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further may be exposed to Content that is inaccurate, offensive, indecent, objectionable, defamatory or libelous and, as far as the law allows, and subject to Section 19, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Incar with respect thereto.
11.1 This Section 11 has important legal consequences for you. In this section: - the legal responsibilities and liability of Incar are limited or excluded; - the rights or remedies you may have against Incar are limited or excluded; and - you take on risk, responsibilities and liability. - you indemnify Incar and other persons against liability and claims. As far as the law allows, and subject to Section 19, you agree to defend, indemnify and hold harmless Incar, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses (whether direct, indirect or consequential),, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your violation of any provision of these Terms; (ii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iii) any claim that your Content caused damage to a third party. As far as the law allows, and subject to Section 19, this defence and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website.
12.1 This Section 12 has important legal consequences for you. In this section you take on risk, responsibilities and liability. This may result in you being punished under applicable criminal laws, and/or you becoming financially liable to Incar and/or other persons for additional amounts. You understand and agree that sending unsolicited email advertisements or other unsolicited communications to Incar email addresses or through Incar computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time Incar may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one users to another in the Incar e-mail system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Website may be used only in accordance with the Terms. Any unauthorized use of Incar computer systems is a violation of these Terms and certain applicable laws, in particular the UAE Cybercrimes legislation. Such violations may subject the sender and his or her agents to civil and criminal penalties. Please note that the UAE Cybercrimes legislation carries significant penalties including imprisonment. In case you intend to solicit, or contact our users by obtaining their email or phone numbers from our Website, we may report this behavior to the relevant authorities, who then may decide to prosecute you under the relevant UAE laws.
13.1 This Section 13 has important legal consequences for you. In this section: - the legal responsibilities and liability of Incar are limited or excluded; - the rights or remedies you may have against Incar are limited or excluded; and - you take on risk, responsibilities and liability. As far as the law allows, and subject to Section 19, Incar shall not be liable for your interactions with any organizations and/or individuals on the Website or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. As far as the law allows, and subject to Section 19, Incar shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. In the event that you have a dispute with one or more other users, as far as the law allows, and subject to Section 19, you hereby release Incar, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
14.1 This Section 14 has important legal consequences for you. In this section: - the legal responsibilities and liability of Incar are limited or excluded; - the rights or remedies you may have against Incar are limited or excluded; and - you take on risk, responsibilities and liability. Incar may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Website. As far as the law allows and subject to Section 19, Incar has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website or the Service. Incar reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Incar shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that Incar, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all. Further, as far as the law allows, and subject to Section 19, you agree that Incar shall not be liable to you or any third-party for any termination of your access to the Website or the Services.
15.1 These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Incar without restriction. Any assignment or transfer by you shall be null and void.
16.1 This Website is intended only for adults and you warrant that you are eligible to contract as per applicable laws. If you are using/accessing this Website as a representative of any person/entity, you acknowledge that you are legally authorized to represent that person/entity. Minors are only allowed to access the Website and use the Service, in the event of approval of their legal representatives or in the event that it concerns an act or a transaction that is usual and acceptable standard in civil life and practice. You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
17.1 These Terms and the other policies posted on the Website constitute the complete and exclusive understanding and agreement between you and Incar and govern your use of the Service and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between you and Incar shall be governed by the laws of the United Arab Emirates without regard to its conflict of law principles. We encourage you to contact Incar to try and settle any claim you may have, however, if we cannot settle the dispute amicably through human negotiation, then the claim or dispute must be submitted to the exclusive jurisdiction of the courts located within the United Arab Emirates. The failure of Incar to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND/OR THE WEBSITE MUST COMMENCE WITHIN A REASONABLE TIME AND IN ANY EVENT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. These Terms shall inure to the benefit of and be binding upon each party's successors.
18.1 This Section 18 has important legal consequences for you. In this section: - the legal responsibilities and liability of Incar are limited or excluded; - the rights or remedies you may have against Incar are limited or excluded; and - you take on risk, responsibilities and liability. This may result in you becoming financially liable to Incar for additional amounts. The statements made in this section also constitute acknowledgements of fact by you. You must read these statements carefully and ensure they are correct, as you will not be able to deny the truth of the statements. Incar and/or other persons may have claims and other rights against you as a result of these statements. Please report any violations of the Terms that you become aware of by contacting us using the link at the bottom of the Website's homepage at www.incar.ae. Any failure to act by Incar with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others.
20.1 This Section 20 has important legal consequences for you. In this section: - the legal responsibilities and liability of Incar are limited or excluded; - the rights or remedies you may have against Incar are limited or excluded; and - you take on risk, responsibilities and liability. There are things that may go wrong when using the Website and/or the Service, including what is listed in this Section 20. Incar is not responsible (liable) for anything that goes wrong, including what is listed in this Section 20. You use the Website and the Service knowing and accepting that these things can go wrong and that there are risks. AS FAR AS THE LAW ALLOWS, AND SUBJECT TO SECTION 19, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, INCAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. INCAR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE. INCAR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND INCAR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AS FAR AS THE LAW ALLOWS, AND SUBJECT TO SECTION 19, IN NO EVENT SHALL INCAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF INCAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE, (iv) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (v) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICE, (vi) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (vii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (viii) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (ix) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (x) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE INCAR SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. AS FAR AS THE LAW ALLOWS, AND SUBJECT TO SECTION 19, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT INCAR SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. INCAR MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
21.1 IN NO EVENT SHALL INCAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF DUBZZLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE INCAR SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT INCAR SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Incar from its facilities in the Dubai, United Arab Emirates. Incar makes no representations or warranties that the Website is appropriate for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.
As a user of the Website, you must not offer for sale any type of car, motor vehicle or motorcycle (“Vehicle”) that is:
(i) located outside of the UAE, unless you can prove ownership of the Vehicle upon request
(ii) that is not immediately for sale;
(iii) that is not accurately described by the category in which it is advertised;
(iv) that you are not the owner of, or in all other cases, which you do not have the rights to sell;
(v) without true and accurate pricing of the Vehicle displayed within the listing.
We may request that you provide proof of ownership and that the Vehicle is located in the UAE or has been cleared by UAE customs. If you do not provide us with proof within 24 hours of request, we may immediately remove the relevant advertisement/content without further notice and no refund will be made.
23.1 As a user of the Website, you expressly agree not to use any form of automated data collection such as harvesting bots, robots, spiders, or scrapers, as well as your use of that data.
23.2 You agree not to use automated data collection methods to obtain the mobile phone numbers and email addresses of our users, and you acknowledge that you if you contact our users for the purpose of directing them to your business or website without their express permission to contact them, then you may be prosecuted under United Arab Emirates laws.
Some of the Car Dealers that advertise on our Website subscribe to a service whereby the property listing has a uniquely identified phone number and the call is automatically recorded for quality and training purposes. By using the Services you expressly agree to having your phone call recorded when you call a Car Dealers in relation to advertisements in the Property category of the Website and you agree that no further warning or consent is required.
What are Points?
Incar values our members’ opinions, and to show our appreciation, Incar offers incentives in the form of credits called “Points,” which are credited to your account maintained by Incar. Points are redeemable for cash.
Points will be credited to your account only through your participation in activities authorised by Incar, which include, but are not limited to, registration of a members profiles through referral links, each completed Profile is worth an additional 2 Points; completion of payment for our services by members profiles, referred by you (20% of the payment amount, transferred to points).
Incar is dedicated to providing quality data to our clients. To ensure this level of quality, please note that you might not qualify for all points. The reasons you might not qualify include, but are not limited to:
You may earn Points as follows:
The timing of credits for points depends on the Profile. For profiles credits are applied within a few days.
Incar will maintain a record of the Points credited to and debited from your account and allow you to check the status of your account online by logging in and checking the "Your Points" tab. Although Incar makes every effort to ensure that accounts are credited correctly, it is your responsibility to verify that your Points have been credited properly. If you feel the incentive amounts credited to your account are incorrect, you must contact Incar by email within sixty (60) days following our alleged error and explain in full the basis of your dispute, attaching any relevant information which offers evidence of the discrepancy. Upon receipt of your notice, we will investigate your claim and notify you of our decision to adjust or maintain the amount of Points credited to your account, as we deem appropriate, within thirty (30) days. If we need additional time to decide your claim, we will notify you and will endeavor to render a decision as soon as reasonably practicable. Any decision by us with regard to such a claim will be final
You can spend your Points at any time by going to the “Rewards Centre” underneath the “Community” tab on the main page. Cash payment will be credited directly to the bank account indicated in your account at the time you place an order. It is your sole responsibility to keep such information current.
All rewards are subject to change as may be necessary to comply with applicable laws or regulations.
Expiration of Points
When Points are credited to your account they will remain valid for one year (12 months) from the date they are earned. If after this period the Points have not been used, they will automatically expire and be deleted from your account. This deduction will always occur towards the end of the month, usually on the 28th day. For example, if you earned Points on 15 March 2019, they will be removed from your account on 28 July 2020, if they are still in your account. Points cannot be redeemed after the expiration date.
In addition, all of your Points will immediately expire and be forfeited in the event that you cancel your account at Incar or if your account becomes "inactive." To be an active member means that you have joined Incar and participated in its activity on this Site within 12 months from your initial registration or within the preceding 12 months. Incar will not provide you with any notice of the cancellation and forfeiture of any of your Points. Incar reserves the right to amend these cancellation and forfeiture rules in its sole discretion.
Misconduct, Fraud and Correcting Account Errors
Incar retains the right to monitor all member activity within Incar Points. If required by law, if you have violated our Code of Conduct above, or in the event that your account shows signs of fraud, abuse or suspicious activity, your member account may be terminated and you may forfeit all accumulated Points. If you have conducted any fraudulent activity, Incar reserves the right to take any necessary legal action and may have grounds to confiscate any rewards redeemed as a result of such activity. In addition, you may be liable for monetary losses to Incar, including litigation costs and damages, and you will not be allowed to participate in Incar Points in the future.
If your account does not accurately reflect your Point balance, Incar reserves the right to correct such errors. If you have been awarded Points in error or you believe that your member account has been the subject of suspicious activity, please contact Incar immediately. If it is determined that you have been the victim of fraud, the Points you have earned will be transferred to a new member account.
Points have no cash value, and may not be assigned, transferred and/or pledged to any third party. You have no property rights or other legal interests in any Points granted pursuant to the Incar Points Program.
Program Duration & Changes to Rules
Any revisions may affect your ability to use any Points you accumulate. If the Points Program is terminated or your membership is terminated by Incar other than as a result of your breach of these Terms, you will only have 30 days from such termination date to redeem all of your accumulated Points. If there is a modification to the Points Program, we will endeavor to notify you; however, Incar will not be responsible if you do not learn of the modification. The rewards offered and point levels required for specific rewards are subject to change without notice. All rewards are subject to availability.