Please read the following terms and conditions ("Terms and Conditions") carefully before you use VinCheck portal ("the Service"). By indicating your acceptance of these terms and conditions you are deemed to acknowledge and agree to be bound by all the following terms and conditions for the use of the Service. If you do not agree with the following terms and conditions, do not browse any further or use the Service. VinCheck reserves the right to amend/change these terms and conditions at any time without prior notification.
Definitions and References
- References in these terms & conditions to “we”, “us” and “our” are to Autodata Middle East LLC and its affiliates (to the extent that such affiliates have interacted with you, as the case may be). Autodata Middle East LLC, is the leading provider of vehicle and pricing information in the Middle East based, in Dubai, United Arab Emirates. For general enquiries not related to the Service, you may contact us via www.autodata.ae. All references to VinCheck in these terms and conditions includes Autodata Middle East LLC and its affiliates.
- References to "you" or "your" in these Terms and Conditions are to you as a user of the Website/mobile applications and the Services.
- "Our Material" means content, data, Redemption Codes and materials (including information, reports, comment, opinion and reviews) delivered to you as part of the Services (whether on a computer screen, in email or paper format or by any other readable or tangible mean) or contained in the Website/mobile applications, including the website/mobile applications design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software and applets.
- "Redemption Code" means a code that we, one of our partners or another third party has given to you to enable your access to the Services for a limited period as part of a membership package that you are eligible for, as it may be controlled and supervised by us.
- "Services" means the services and facilities that we make available to you on the Website/mobile applications available on Apple, Android mobile apps and Google stores from time to time and "Service" shall be interpreted accordingly.
- "Terms and Conditions" means the terms and conditions set out here and the terms and conditions specific to the Service you receive (denoted by the Service name or the generic name for a product family at the beginning of the terms and conditions specific to the Service).
- "Third Party Content" means content and material (including information, reviews, comment and opinion) belonging to a third party provider of products and/or services.
- "Third Party Website/mobile applications" means the website/mobile applications of a third party which is linked to or from the Website/mobile applications or on frames within the Website/mobile applications.
- "Trial" means an arrangement whereby we allow you to use a Service for a limited period either on a free-of-charge or discounted basis, as it may agreed by us in writing.
- "Website/mobile applications" means our website/mobile applications/ mobile Apps listed in the section headed "Important information about these Terms and Conditions" below, and any replacement website/mobile applications(s) we may use from time to time. "Website/mobile applications" shall have the meaning given in the terms and conditions specific to the Service you receive.
- It is the responsibility of the visitor to read, save and/or print these terms and conditions on which VinCheck allows you to access and use the Website/mobile applications and/or mobile applications (including inter alia Android mobile apps).
- You may not use the Services in any manner that may impair, overburden, damage, disable or otherwise compromise (i) the Services; (ii) any other party's use and enjoyment of the Services; or (iii) the Services and products of any third parties. You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Services and/or mobile applications and/or applications whatsoever, including, without limitation, any usage rules set forth on the Website portal and/or in the online application store terms of Services.
- You hereby agree and acknowledge that VinCheck (or its affiliates, as the case may be) owns all rights, titles and interest in the Website/mobile applications and to any and all proprietary and confidential information contained therein (“VinCheck Information”); you further acknowledgethat the Website/mobile applications itself is a collective work and/or compilation solely owned by Autodata Middle East LLC. The Website/mobile applications and VinCheck Information are protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
- You may not copy, distribute, reproduce, sell, lease, assign, rent, sublicense, and encumber any aspect of the Website/mobile applications or any Content.
- You may not disassemble or decompile, reverse, engineer or otherwise attempt to discover any source code contained in the Website/mobile applications or any software or database connected to the Website/mobile applications.
- You may not modify or create derivative works of any aspect of the service or any content than with respect to your own content.
- You agree that you will not (and will not allow any third party to) (i) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer or disassemble the Website/mobile applications or otherwise attempt to derive source code from the Website/mobile applications; (ii) copy, distribute, transfer, sell or license the Website/mobile applications; (iii) transfer the Website/mobile applications to, or use the Website/mobile applications on, a device which may be prohibited by us; (iv) take any action to circumvent, compromise or defeat any security measures implemented in the Website/mobile applications; (v) use the Website/mobile applications to access, copy, transfer, retransmit or transcode Content (as defined below) or any other content in violation of any law or third party rights; (vi) remove, obscure, or alter the our Website/mobile applications (or any third party's) copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the Website/mobile applications.
The Content (as defined here below) is protected by applicable intellectual property rights and is our property, our third party licensors and partners (as applicable), and other entities that provide such content to us. You may not (or enable others to) copy, distribute, display, modify, or otherwise use the Content except as it is provided to you through the Website/mobile applications hereunder. We and our licensor make no representations or warranties regarding the accuracy or completeness of the Content.
- Each of our services is as described on the relevant Website/mobile applications.
- The Terms and Conditions apply to any services you request on or are provided to you from the Website/mobile applications which include trial services, free services and those for which we charge a fee.
- When you request a Service a binding legal contract is formed between us and you on the earlier to occur of:
- When we receive your payment;
- When we make the Service available.
Access and linking to the Website/mobile applications
- Your access to the Website/mobile applications is provided on a non-exclusive, temporary and revocable basis by VinCheck, and VinCheck reserves the right to withdraw or amend your right to access to the Website/mobile applications without notice.
- VinCheck will not be liable if for any reason the Website/mobile applications is unavailable at any time or for any period.
- VinCheck will not be liable if for any reason, (not caused by us), you are not able to use the Website/mobile applications, or in case you are not able to access or login on the Website/mobile applications, or in case you were not able or successful to download such applications.
- You may not use any robot spider, scraper or other automated means to access VinCheck and collect content for any purpose or otherwise copy or download content. A limited exception is granted to search engines and non-commercial public archives, but not for website/mobile applications that include any form of classified listings.
- Harvest or otherwise collect information about others, including email addresses, without their consent.
- In order to use some of the services available on VinCheck you will need to register and log-in using your username and password. You are responsible for keeping your log-in details confidential and they should not be shared. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section or with the Terms and Conditions.
- You are requested to contact us as soon as possible if you are under the assumption that your login details have been obtained without your permission. We will not be responsible for unauthorized access with your log-in account.
- "Content" refers to any listing, forums, event listings, reviews, postings, messages, text, files, images, photos or any other material posted or made available on/through the Website/mobile applications.
- VinCheck aims to update the Website/mobile applications regularly, and may change the Content at any time. Any of the Content may be out of date at any given time, and we are under no obligation to update such material for any reason or for any purpose whatsoever.
- VinCheck shall only list reports for United States of America imported specification vehicles.
- VinCheck reports requested by you will be retained for a period of 30 days from the date of request during which time you may download the report. All reports shall be delated after 3o days.
- VinCheck information is supplied by reliable sources such as NMVTIS, NADA, NVS and NHTSA.
- VinCheck reports provide indicative pricing using NADA pricing guide which is only applicable for USA specification vehicles in the USA market.
- A detailed description of any title concerns are provided through the VinCheck portal. It remains your responsibility to fully read and understand this report. The section FAQ provides a detailed guide for you to understand the report.
- You agree to pay the fees specified by VinCheck for obtaining the report based on the USA imported vehicle vin number you enter.
- VinCheck may change the fees specified for the report, such changes shall be payable with immediate effect without need for prior notice.
- Payments must be made in advance by credit or debit card using the payment facilities on the Website/mobile applications.
- User will receive a confirmation email once an order is placed and the payment is processed successfully, this usually occurs within 20 minutes after placing an order by the user.
- We are not responsible for any overdraft or “over the limit” charges of bank fees if your payment card account or facility contains insufficient credit or funds when we take the payment for the Services.
- The credit or debit cards accepted are shown on the Website/mobile applications. It is your responsibility to ensure that all payment details your provide are correct and complete. We are not liable for not supplying Services if the details you submit are incorrect or incomplete.
- No payment will be deemed to have been made until we have cleared funds and we may choose not to provide the Services until we receive the payment in full to our satisfaction.
- You acknowledge that VinCheck are using a third party payment gateway for processing all online payments. VinCheck are under no circumstances liable for any incorrect fees or payment issues experienced by you through the usage of this payment gateway. VinCheck endeavors to assist you as far as possible to resolve any payment issues but it remains the responsibility of the third party payment gateway provider to ultimately resolve any payment issues.
- The displayed charge for the Service price and currency is in Arab Emirates Dirhams (AED). Therefore it will be the same price and currency charged to the Card and printed on the Transaction Receipt. VinCheck will not provide any services to individuals and companies owned or controlled or managed by, or acting for or on behalf of, or for the benefit of OFAC (OFFICE FOREIGN ASSETS CONTROL (OFAC) SANCTIONED COUNTRIES) targeted countries AND individuals, groups, and entities etc.
Refund and Cancellation Policy
- You agree to and understand that the charges for receipt of the report provided by VinCheck are flat fee based and non-refundable and cannot be canceled based on the nature of our Service.
- As a condition to benefit from or to claim any refund or monies, the cardholder must retain a copy of transaction records and merchant policies and rules. All refunds will be made onto the original mode of payment.
- If we are unable to accept your request for Services for any reason then we will, either not debit your payment card or refund any money paid by you in respect of that request.
- We maintain the right to refuse or to cancel any of your requests for any reason which may be deemed legitimate to us pursuant to our internal compliance policies and/or as a result of any agreement with any third party service provider in respect of the Services and/or in relation to any applicable embargo laws/regulations.
Trial and Promo code
- Trial and Promo Codes are made available at our discretion and may not be available for all the Services. Depending on the type of code, some aspects of the relevant service may not be fully available to you or may require you to pay to use them. Please refer to the documentation provided to you about your trial or promo code, or if none has been provided, the relevant website/mobile applications for further details.
- You cannot use the Services on a trial basis if you are applying to use the Services under a promo code. If you use a service on a trial basis, additional usage conditions may apply depending on the type of trial. We will inform you of such additional conditions before you begin the trial and we will confirm those additional conditions to you in writing by email or on the Website/mobile applications.
- We will send you an email confirming your registration and the length of your trial period. You can cancel the trial at any time during the trial period. For free trials, you will not be entitled to any refund or credit from us. If you do not cancel at the end of your trial period and you receive a subscription service, then your access to the services will automatically continue on a subscription basis and you will be charged the applicable subscription charges for the Service(s).
- The period covered by your Promo Code will be stated on the promo code itself or notified to you when you receive the Promo Code. If you use a service under a Promo Code, additional usage conditions may apply depending on the type of Promo Code. We will inform you of any such additional conditions required by us when you receive the Redemption Code.
- To use a service under a redemption code, you must submit it during the registration process and you will need to prove your entitlement to the Promo Code. We will send you an email confirming your registration.
- Promo Codes cannot be exchanged for cash or used to pay for any other services that we or group companies provide. Unless we give our written permission, Promo codes can only be used once and may only be used by the original recipient. If we give our written permission for you to pass promo codes to another person, you may only do so for non-commercial purposes. If we reasonably believe that a Promo Code is being used unlawfully or in breach of these terms and conditions, we may reject the Promo Code and/or cancel your access to any services without notifying you. We will not be responsible to you in respect of such rejection or cancellation in these circumstances.
Dealings with Third Party Organization and Individuals
- VinCheck operates the Website/mobile applications as an online community portal for buyers, sellers, consumers and community members. VinCheck is never a party to any transaction between buyers and sellers. As a result, VinCheck does not (a) guarantee or ensure any transaction between a buyer and seller, (b) collect or process payment or transfer of title on behalf of buyers or sellers, or (c) warehouse, store, ship or deliver any item listed on the Website/mobile applications. Furthermore, VinCheck is not responsible for, nor holds itself out as promoting, any interaction or dealing between you and 1 or more other user(s) of the Website/mobile applications, and VinCheck will not be liable in any way for any such interactions or dealings.
Disclaimer of Warranties
- You use the Website/mobile applications at your own risk.
- The Website/mobile applications is provided without warranty and is provided on an “as is, as available” basis.
- VinCheck hereby disclaims any representations or warranties of any kind, whether oral or written, whether express, implied, or arising by statute, custom, course of dealing or trade usage, with respect to the Website/mobile applications or the Services provided hereunder. Notwithstanding the generality of the foregoing, VinCheck specifically disclaims the following with respect to the website/mobile applications:
- Implied warranties or conditions of title, merchantability, fitness for a particular purpose, or non-infringement of any service or good acquired by you from a third party.
- Of the accuracy, timeliness, security and performance of the Website/mobile applications/Content.
- Freedom from any errors or viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
- To the maximum extent permitted by applicable law, VinCheck hereby expressly excludes any liability for any damages whatsoever (including, without limitation, direct, indirect, special, exemplary, punitive, incidental or consequential loss or damage incurred by any user in connection with the Website/mobile applications or in connection with the use, inability to use, or results of the use of the Website/mobile applications, any website/mobile applications linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
- In particular, VinCheck is not liable for any damages or losses resulting to you or a third party from:
- The use or the inability to use the Website/mobile applications;
- That was has been acquired through the Website/mobile applications;
- Any Content displayed on the Website/mobile applications;
- A distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website/mobile applications or to your downloading of any material posted on it, or on any website/mobile applications linked to it;
- The cost of procurement of substitute software, hardware, goods or services;
- Unauthorized access to or alteration of your transmissions or data; or
- Any other matter relating to the Website/the Services/mobile application.
The foregoing limitations shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
- VinCheck is not liable to you or a third party for any termination of your access to the Website/mobile applications or deletion of your posted Content.
- You agree not to use the Website/mobile applications after said termination.
Governing Law & Dispute Resolution
- These terms are governed by the laws of the United Arab Emirates.
- We shall be entitled, at all times, to file any and all claims or injunctions or ex parte submissions before any other competent Court or jurisdiction of the place of establishment or conduct of your business or any other place where the damage may have been caused or occurred.
We reserve the right to temporarily disable or permanently discontinue any and all functionality of the Services and or related applications at any time without notice and with no liability to you.
If you need to contact us about the Services and/or related applications, you may do so by calling +00971 4 323 0583, by emailing email@example.com
or by writing to firstname.lastname@example.org
located in Al Shafar Investment Building, Sheikh Zayed Road, 3rd
Interchange, Office 141, Dubai - United Arab Emirates
Provision of Services
You must register as a member on the Sites in order to access and use the Services. Further, VinCheck reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users or subject to other conditions that VinCheck may impose in our discretion.
You agree that VinCheck may send you as a registered member from time-to-time promotional offers or new/enhanced features.
- All credit/debit cards’ details and personally identifiable information (except as for the case stated in paragraph vi here below) will NOT be stored, sold, shared, rented or leased to any third parties.
- Cookies are small bits of data cached in a user’s browser. VinCheck utilizes cookies to determine whether or not you have visited the Services. However, no other user information is gathered.
- VinCheck may use and store non-personal "aggregated data" to enhance the operation of our Website/mobile applications, or analyze interest in the areas of our Website/mobile applications. Additionally, if you provide VinCheck with Content for publishing or feedback, we may publish your user name or other identifying data with or without your permission.
- VinCheck may also disclose personally identifiable information in order to respond to a subpoena, court order or other such request. VinCheck may also provide such personally identifiable information in response to a law enforcement agencies request or as otherwise required by law. Your personally identifiable information may be provided to a another party if VinCheck files for bankruptcy, or there is a transfer of the assets or ownership of VinCheck in connection with proposed or consummated corporate reorganizations, such as mergers or acquisitions.
- SECURITY. VinCheck takes appropriate steps to ensure data privacy and security including through various hardware and software methodologies. However, VinCheck cannot guarantee the security of any information that is disclosed online.
- OTHER WEBSITE/MOBILE APPLICATIONS. VinCheck is not responsible for the privacy policies of website/mobile applications to which it links. If you provide any information to such third parties different rules regarding the collection and use of your personal information may apply. We strongly suggest you review such third party’s privacy policies before providing any data to them. We are not responsible for the policies or practices of third parties. Please be aware that our Sites may contain links to other sites on the Internet that are owned and operated by third parties. The information practices of those Web sites linked to our site is not covered by this Policy. These other sites may send their own cookies or clear GIFs to users, collect data or solicit personally identifiable information. We cannot control this collection of information. You should contact these entities directly if you have any questions about their use of the information that they collect.
- The data and information you may provide on your Website/mobile applications may be stored, archived, tracked and/or processed in the United Arab Emirates or in any other country in which we or our agents maintain facilities. By using our Website/mobile applications, you consent to the collection of your data/information and to any transfer of your information outside of your country.
- These are terms specific to all of VinCheck Services and shall be incorporated and shall form part of the Terms and Conditions.
Dated: June 19th