TERMS AND CONDITIONS

The Platforms are provided as a service to you and are intended to allow you and other users to browse and order products and other goods or services ("Products") offered for sale on the Platforms ("Services"). The Elite Cars LLC reserves the right to delete, modify, or supplement the content of the Platforms at any time for any reason without prior notification, and will use reasonable efforts to include up-to-date and accurate information on the Platforms.

The terms and words 'you', 'your', or 'Buyer' shall mean and include a natural or legal person(s) who has or have agreed to these Terms.

NOTWITHSTANDING ANY ORAL OR WRITTEN INFORMATION, OPINIONS, EVALUATIONS, DESCRIPTIONS, OR CONSULTATIONS OF ANY KIND FURNISHED BY THE ELITE CARS LLC TO THE CONTRARY, YOU SPECIFICALLY AGREE TO THE TERMS SET FORTH BELOW.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY OF THE PLATFORMS.

1.    TERMS AND CONDITIONS

1. These Terms and Conditions (the "Terms") are between The Elite Cars LLC and you as an end user of the Platforms and the Services. Changes in law or changes in The Elite Cars LLC’s business may require changes to be made to the Terms from time to time, so The Elite Cars LLC encourages you to review the Terms periodically for any such changes. It is also your responsibility to carefully read, agree with and accept the Terms and Platforms’ Privacy Policy (the "Privacy Policy") on each occasion you use the Platforms and your continued use of the Platforms shall signify your acceptance to be bound by the latest Terms and Privacy Policy. If you do not agree to (or cannot comply with) any of the Terms, do not use the Platforms.

2.    USER CONDUCT AND CONTENT

1. You agree to comply with all legal requirements of the applicable jurisdiction(s) with regard to your use of the Platforms, and you acknowledge that you are entirely responsible for ensuring your own familiarity with such requirements and your own compliance with the same.

2. The Platforms may at times provide opportunities for users to post reviews and other comments, questions, suggestions, or other information ("User Content") on or through these Platforms by e-mail or telephone, or otherwise as may be disclosed, submitted or offered in connection with your use of the Platforms. You warrant that any such User Content submitted by you to the Platforms is original (and does not infringe the intellectual property rights of others), and you hereby grant The Elite Cars LLC a perpetual, irrevocable, non-exclusive, royalty-free, transferable right and license to use such User Content however The Elite Cars LLC desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Content and/or incorporate such User Content into any form, medium or technology throughout the world, without any further recourse to you, and you hereby waive any moral rights in such User Content. You agree that you will not post any content that is contrary to morality, defamatory, inflammatory, that infringes intellectual property rights, or that may otherwise breach common decency or be contrary to law.

3. The Elite Cars LLC will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any User Content you submit for any purpose whatsoever, without restriction and without compensating you in any way. The Elite Cars LLC is and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay to user any compensation for any User Content; or (3) to respond to any User Content.

4. You agree that any User Content submitted by you to the Platforms will not violate the Terms or any right of any third party, including without limitation, copyright, trademark, privacy, or other personal or proprietary right/s, and will not cause injury to any person or entity. You further agree that no User Content submitted by you to the Platforms will be or contain libelous or otherwise unlawful, threatening, abusive, or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam".

5. The Elite Cars LLC does not regularly review posted User Content but does reserve the right (but not the obligation) to monitor and edit or remove any User Content submitted to the Platforms. You grant The Elite Cars LLC the right to use the name that you submit in connection with any User Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content you submit. You are and shall remain solely responsible for the content of any User Content you make and you agree to indemnify The Elite Cars LLC and its affiliates for all claims resulting from any User Content you submit. The Elite Cars LLC and its affiliates take no responsibility and assume no liability for any User Content submitted by you or any third party.

These are the terms of use (“Terms of Use”) for your use of services or features on the Websites owned and controlled by The Elite Cars LLC (“The Elite Cars”), including theelitecars.com (the “Website”). You may be accessing our Website from a computer or a mobile phone device and these Terms of Use govern your use of our Website and your conduct, regardless of the means of access.

The Elite Cars has no control over, and assumes no responsibility for, the content, privacy policies, practices of any third party Websites or services, or the actions of people that The Elite Cars does not employ or manage. Hence, you should acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Websites or services. You should always check the terms of use posted on Third Party Websites.

By using the Websites, you signify your agreement to these Terms of Use and Privacy Policy whether or not you have read them. The Elite Cars reserves the right to change or modify any of the terms and conditions contained in the Terms of Use from time to time at any time, without notice, and in its sole discretion. If The Elite Cars decides to change these Terms of Use, The Elite Cars will post a new version on the Websites and update the date set forth above. Any changes or modifications to these Terms of Use will be effective upon posting of the revisions. Your continued use of the Websites following the posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Websites. For this reason, you should frequently review these Terms of Use and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Websites.

Orders

When you place an Order with us, then subject to your rights to cancel or return the vehicle, you commit to buy the item described in that Order, at the price indicated including taxes and duties where applicable.

Orders are subject to our acceptance, which we may withhold at our sole discretion including for reasons such as ineligibility, inability to confirm payment authorization, suspected fraud, shipping restrictions and stock availability. Items in your Website basket are not reserved until your Order is paid for.

The Website (or our Website Call Centre) may contain or provide information regarding the availability of vehicles. This information can be used to estimate the likelihood that an item will be available immediately upon Order placement. Unfortunately, we cannot guarantee that a vehicle stated to be available will actually be available right away, as inventory can change significantly throughout the day. In rare cases, a vehicle may be available when you place an Order but sold out by the time we process the Order. Should this happen, we will notify you.

Receipt of your Order will be acknowledged by email. However, the Order is only confirmed when you receive notification from our team on the availability of that vehicle. No party other than us has the authority to confirm acceptance of the Order.

A minimum deposit of AED 5000 is required for any reservation valid for X days to arrange for bank finance or full payment. Any extension of the reservation will be at the discretion of The Elite Cars.

Once you have placed your Order and received a confirmation by us, you are required to submit the required documents within X working days from placing the Order and confirm details of the vehicle reserved on the Website. A list of the required documents will be sent to you by email.

Please note that it can take between three and five days between the date on which the Order is placed and the date of your appointment to collect the vehicle.

Any description given or applied to the vehicle is given by way of identification especially for exterior and interior colours and textures of the materials used. For the avoidance of doubt, you hereby affirm that you do not in any way rely only on any description but will clarify the same with the sales advisor when entering into the purchase.

The sale will only be final after you have signed all the required documents for the transfer and registration of the vehicle to your name. Our sales advisors will be assisting you with this during your collection appointment.

Cancellation & Refund

You may contact us at any time prior to your Order being confirmed by us to change it. If you do so, we will do our best to change it, subject to stock availability and any applicable price adjustment.

The reservation deposit is valid for X days and will be refunded to the original card from which the deposit was paid if the order has not been confirmed within such a period.

On physical inspection of the vehicle or product, it appears that the reserved vehicle or product is not as per your requirement at the time of reservation, The Elite Cars agrees to refund your deposit without any interest.

The Elite Cars will process the refund within X to Y working days. 

Payment

We currently accept the following tender types for Orders placed on our Website: Visa, Mastercard, American Express and UAE debit cards(TBC after payment gateway integration). Payment will be taken at the time you place your Order. 

By entering payment details onto our Website, you warrant that you are duly authorized to pay using those details. We reserve the right to decline orders without liability to you where we believe payments are not authorised, the payment method is not valid or where we do not think you are authorised to use to utilise the relevant tender type.

Prices

The Elite Cars reserves the right, at its sole discretion, to limit the quantity of vehicle or products purchased, per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card and also to orders that use the same billing and/or shipping address.

The Elite Cars is not responsible for typographical or pricing errors that may be discovered on the Website. In such an event where a vehicle or products is listed at an incorrect price or with incorrect information, The Elite Cars has the right, at its sole discretion, to refuse or cancel any orders placed for that vehicle or products.

All vehicle or products displayed on the Website, constitute an "invitation to offer". You agree to pay the full amount payable for the vehicle or products as indicated during the order process, including any charges incurred with that order.

All transactions are conducted in local currency to the markets where vehicle or products are sold. When using a credit card supplied by banks other than those in that local market, the amount on the credit card bill may differ due to exchange rate fluctuations and any charges that the card issuer/bank may have debited.

All prices displayed are exclusive of Value Added Tax(the “VAT”)

In the event that VAT is levied by the government authorities in the jurisdiction where The Elite Cars is incorporated and/or tax resident, The Elite Cars shall charge VAT at the prevailing VAT rate. You will pay the amount of any such VAT and The Elite Cars shall provide to you the documentation as required by the VAT legislation to permit you to claim an input VAT deduction on your VAT return.

Product Liability

By placing an Order through our Website, you acknowledge and agree that full liability for the products rests with the manufacturer and that we carry no product liability for those items.

Title to goods

Title to the items in your Order will pass to you on the later of the day on which: (i) you pay us in full for those items; or (ii) the day you receive the items. Risk in the items in your Order passes to you on delivery to the address detailed in the Order.

Fraud Protection Program

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

Copyright

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Websites is Copyright (c) 2018 The Elite Cars LLC. All rights reserved. All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Websites is Copyright (c) 2018 The Elite Cars LLC. All rights reserved. The compilation (meaning the collection, arrangement and assembly) of all content on the Websites is the exclusive property of The Elite Cars and protected by U.S. and international copyright laws. All software used on the Websites is the property of The Elite Cars or its software suppliers and is protected by international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Websites for the sole purpose of placing an order with The Elite Cars, using the Websites as a shopping resource. Any other use of materials on the Websites – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance – without the prior written permission of The Elite Cars is strictly prohibited.

Trademarks

TheEliteCars.com and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of The Elite Cars and may not be used in connection with any product or service that is not offered by The Elite Cars in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Elite Cars. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Product Information

The products displayed on the Website can be ordered and exported within the UAE and other countries. All prices displayed on TheEliteCars.com are quoted in UAE dirham and are valid and effective only in the UAE. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by The Elite Cars. All information presented by The Elite Cars is designed to be used for informational purposes only.

Responsibility for Your Content

You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Websites, or otherwise including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, “Content”). We will not accept Content from you unless you are a registered user of the Websites.

Third Party Content and Third Party Websites

The Elite Cars may provide content of third parties (“Third Party Content”) or links to Third Party Websites as a service to those interested in this information. The Elite Cars does not monitor, approve or have any control over any Third Party Content or the Third Party Websites and the inclusion of links to Third Party Content or Third Party Websites does not imply any association or relationship between The Elite Cars and such third party. The Elite Cars does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Website. The Elite Cars is not responsible for updating or reviewing Third Party Content or Third Party Websites. You use Third Party Content and Third Party Websites at your own risk. Third Party Content, including comments from third party users submitted to The Elite Cars do not necessarily reflect the views or The Elite Cars.

Mobile Services

If you access the Websites via your mobile phone, we do not currently charge for this access. Please note that your carrier’s normal rates and fees such as data charges, will still apply.

Content Modification

All textual Content that you submit is not confidential and may be used at The Elite Cars’ sole discretion. The Elite Cars may or may not pre-screen Content. However, The Elite Cars and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any textual Content on the Websites. In particular, The Elite Cars and its designees will have the right to remove any Content that The Elite Cars, in its sole discretion, to violate any other provision of these Terms of Use or is otherwise objectionable. The Elite Cars does not guarantee that you will have any recourse through The Elite Cars to edit or delete any textual Content you have submitted. In addition, none of the Content that you submit shall be subject to any obligation of confidence on the part of The Elite Cars, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

Reservation of Rights

The Elite Cars reserves the right at any time, without notice and in its sole discretion, to terminate your license to use the Websites and to block or prevent your future access to use the Websites. The Elite Cars may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of The Elite Cars (and its employees), its users and the public.

Disclaimer of Liabilities

The Elite Cars will not be liable for any damages of any kind arising out of or in connection with the use of the Websites. This is an all-encompassing limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage of property and claims of third parties.

Indemnification

You agree to defend, indemnify and hold harmless The Elite Cars (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Websites; (b) your violation of any term of these Terms of Use; (c) a breach of your representatives and warranties set forth above concerning Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the Websites.

Fraud Protection Program

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

Governing Law & Jurisdiction

Any dispute or claim arising out of or in connection with this Website shall be governed and construed in accordance with the laws of UAE.