Terms and Conditions

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AL NABOODAH GROUP ENTERPRISES, a company incorporated in United Arab Emirates, having its registered office at P.O. Box 80657, Al Awir 800, Dubai - Hatta Road, E44, Dubai, UAE and , its subsidiaries and affiliated companies, as the case may be (hereinafter, “Al Naboodah”, “we”, “us” or “our”), operates and maintains (as the case may be) this mobile application and any related mobile website (collectively referred to as the “Platforms”) and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Platforms (collectively the ”Content”) are for the use of our customers, employees and members of the general public and only for the lawful purposes described below.

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"). Al Naboodah 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.

NOTWITHSTANDING ANY ORAL OR WRITTEN INFORMATION, OPINIONS, EVALUATIONS, DESCRIPTIONS OR CONSULTATIONS OF ANY KIND FURNISHED BY AL NABOODAH 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:

These Terms and Conditions (the "Terms") are between Al Naboodah and you as an end user of the Platforms and the Services. Changes in law or changes in Al Naboodah’s business may require changes to be made to the Terms from time to time, so Al Naboodah 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

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.
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 this 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 Al Naboodah a perpetual, irrevocable, non-exclusive, royalty-free, transferable right and licence to use such User Content however Al Naboodah 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.
Al Naboodah 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. Al Naboodah 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.
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".
Al Naboodah 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 Al Naboodah 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 Al Naboodah and its affiliates for all claims resulting from any User Content you submit. Al Naboodah and its affiliates take no responsibility and assume no liability for any User Content submitted by you or any third party.

3. ORDER, PRICING AND PAYMENT:

The Services shall include:

(i) The provision to you of the Platforms to purchase any Products;
(ii) Where applicable, delivering your purchased Products or procuring a logistics company experienced with collection and transportation to deliver your purchased Products to you ("Logistics Supplier");

(iii) Where applicable, providing appointment times for the collection or completion of the Products; and
(iv) Al Naboodah customer support, enabling you to contact Al Naboodah at communications@alnaboodah.com with any queries that you may have in relation to your purchased Product/s.

You agree to pay the full amount payable for the Product as indicated during the order process, including any shipping costs or charges incurred with that order. All prices are displayed in United Arab Emirate dirhams.
The Platforms contain information regarding Al Naboodah and promotional programmes. The Products described in the Platforms contain uniquely UAE specifications and are offered for sale in the UAE. The promotional programmes, if any, described on a Platform are available only in the UAE or those Emirates as specifically referred to within the description of the programme. The price information contained in or provided through the Platforms is for information purposes only and does not constitute any offer to sell the products concerned. The actual prices and terms and conditions of sale will be determined by the authorised distributor/dealer of the products concerned as notified to you at the time of final sale.
All Products displayed on the Platforms constitute an "invitation to offer". You agree to pay the full amount payable for the relevant Product(s) as indicated during the order process, including any deposits and charges incurred with that order.
Al Naboodah may not accept your order for Products if
(a) the item/s is/are out of stock;
(b) the service is no longer provided by Al Naboodah for any reason;
(c) Al Naboodah is unable to obtain authorisation for your payment;
(d) shipping restrictions apply to a particular Product;
(e) Al Naboodah finds a Product or pricing error; or
(f) for any other reason at Al Naboodah’s sole discretion. In any of these situations, Al Naboodah will inform you that your order has not been accepted, will not process your payment and will not be liable to you or any third party by reason of our decision to decline processing an order, or unwinding or suspending any transaction after processing has begun.
There may be errors in transmission resulting in the interruption of your purchase, you agree to cooperate with Al Naboodah to resolve such issues, and you agree that Al Naboodah shall have full discretion to determine the appropriate resolution in such cases.
All credit/debit card payments are subject to validation by the issuer. If the issuer of your card refuses to authorise payment, Al Naboodah will cancel your order and contact you for an alternative method of payment. Al Naboodah cannot be held responsible if this should result in a delay in dispatching your goods/Products or completing your order.
All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms. By confirming your purchase at the end of the process, you agree to accept and pay for the item/s requested.
Certain orders may constitute improper use of the Platforms and their Services. Al Naboodah reserves the right, at its sole discretion, to refuse or cancel any order for any reason.
In the event that a Product is listed at an incorrect price due to an error in pricing, Al Naboodah shall have the right, at Al Naboodah’s sole discretion, to refuse or cancel any orders placed for that Product. In the event that a Product is mispriced, Al Naboodah may, at Al Naboodah’s discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Al Naboodah will use reasonable endeavors to provide you with attractive prices on the Platforms as well as in its stores, however, sometimes the price on the Platforms will not match the price in a store.
You agree that that in the event of any taxes being increased or levied or introduced by the government authorities in the jurisdiction where any member company of Al Naboodah is incorporated and/or tax resident, Al Naboodah reserves the right to charge the tax at the prevailing rate in respect of any sale made under the Platforms. The user shall pay the amount of any such tax as an addition to the invoice value.
Al Naboodah reserves the right, at its sole discretion, to limit the quantity of items purchased per person per household or per order. These restrictions may be applicable to order placed by the same user, the same credit card and also to orders that use the same billing and/or shipping address.

4. SHIPPING & COLLECTION

For Al Naboodah to arrange to deliver any Products that you have purchased to you, you shall be solely responsible for providing the correct and accurate delivery details.
Al Naboodah is not responsible for any delays in the shipping of your ordered and purchased Product(s), lost or missing Product/s or the incorrect delivery of the Product(s) to you, which is due to your fault or due to inaccurate, false or incomplete information provided by you.
For any Products to be provided at one of the Al Naboodah locations, you will be responsible to attend at the relevant location on the date and at the time specified and agreed by you on the Platforms. Failure by you to do so will result in the forfeiture of the deposit as indicated for the relevant Product.
Risk of loss and title for the Products that you purchase on the Platforms pass to you upon delivery or collection by you of your purchased Products by Al Naboodah or the logistics supplier.

5. RETURNS AND REFUNDS

General, for all purchases made by users on the Platforms:

If Al Naboodah confirms that a refund is due to a user in accordance with these Terms or the terms of sale, refunds will be made onto the original mode of payment, which may take up to 45 calendar days. This can vary greatly between card issuers, and Al Naboodah shall not be liable for any delays in refund by card companies.
Al Naboodah offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the users’ card/bank accounts. This is on account of the multiplicity of organisations involved in processing of online transactions, the problems with internet infrastructure currently available and working days/holidays of financial institutions.

For the booking of any Products from Peugeot, Haval, Greatwall, and/or Swaidan Motors:

Deposits:
1. The online booking reservation process on the Platforms requires you to pay a non-refundable deposit and select your preferred branch in the United Arab Emirates. The minimum deposit for normal orders of vehicle bookings will be AED 500, and for any special orders of vehicles where different specifications are requested by the user 25% of the selling price of the vehicle will be required as deposit.
2. For any Products other than reservation of new vehicles, you will be required to visit the selected branch within 7 days from the day the reservation is made and deposit is paid to confirm details of the Products reserved. You agree that failure to do so will result in you forfeiting your deposit.
3. In the case of reservations of new cars, you will be required to visit the selected branch within 14 days from the day the reservation is made and deposit is paid to confirm details of the Products reserved. You agree that failure to do so will result in you forfeiting your deposit.
Refunds:
1. Refunds of the deposits for normal orders of vehicle bookings will only be permitted if you proceed with the purchase of the Product but the finance loan is rejected by the bank.
2. Refunds of the deposits for special orders of vehicles will only be permitted if the vehicle cannot be delivered or if the vehicle is not delivered within the guaranteed time frame, and the delay is caused by the manufacturer.
Repairs:
1. All repairs will be covered as per the warranty guidelines and charged accordingly depending on whether the repair is covered under warranty or not.

For the booking of any Products from Swaidan Trading Company (which includes Peugeot Service Center, Smart Autocare - Automotive Service Booking, and Goodyear Autocare):

Bookings and payment:
1. The online booking reservation process requires you to select the preferred date, time slot and branch in the United Arab Emirates and to confirm details of the Products reserved on the Platform prior to completion of online payment.
Refunds:
1. Unless otherwise specified, Products purchased, whether goods sold or services rendered, by any of these Al Naboodah companies are not refundable after the user’s electronic confirmation of the purchase is complete.

6. PRIVACY

In the course of your use of the Platforms, we will collect certain information from you, and shall be done in accordance with the Privacy Policy. Please go through the Privacy Policy available on the Platforms.

7. DISCLAIMER OF WARRANTIES

To the fullest extent permissible by law, Al Naboodah does not warrant that the Platforms or any of the Services or Products available through it will be uninterrupted or free from errors, or that the Services will meet any particular criteria of performance or quality. There may be delays, omissions, interruptions and inaccuracies in materials or Services available through the Platforms.
Al Naboodah makes no representation or warranties about the accuracy, completeness, timeliness, reliability or non-infringement of any content on the Platforms or Services available through it.
Although Al Naboodah intends to take reasonable steps to prevent the introduction of viruses, worms or other malicious code to the Platforms, Al Naboodah does not represent or warrant that the Platforms, or Services, features or materials that may be available through the Platforms, are free from such destructive features. Al Naboodah is not liable for any damages or harm attributable to such features.
Electronic transmissions of data including the internet are public media and any use of such media is public not private. Information related to or arising from such use is either public or the property of those collecting the information and not personal or private information. Al Naboodah does not warrant and cannot ensure the security or confidentiality of any information you transmit to the Platforms. Accordingly, any information you transmit to the Platforms is transmitted at your own risk.
Except as expressly set forth herein, the Platforms and the Services are provided by Al Naboodah on an “as is” and “as available” basis. Al Naboodah makes no representations or warranties of any kind, express or implied, as to the operation of the Platforms, the Services, or the information, content, materials, or Products included on the Platforms. To the full extent permissible by applicable law, Al Naboodah disclaims all warranties, express or implied, including, but not limited to, implied warranties or merchantability and fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. Without limiting the foregoing, Al Naboodah disclaims any and all warranties, express or implied, for any merchandise offered on the Platforms. You acknowledge, by the use of the Al Naboodah Platforms, that your use of the website is at your sole risk. This disclaimer does not apply to any Product warranty offered by the manufacturer of the Product. This disclaimer constitutes an essential part of these Terms.
Product information accessed through the Platforms is obtained from claims made by the Product’s manufacturer or supplier. At times, the manufacturer or supplier may alter the labels so actual product packaging and materials may contain information than that shown on the Platforms, thus we cannot guarantee or ensure the accuracy, completeness, or timeliness of any Product information. We recommend that you do not solely rely on the information presented and that you always read labels, warnings, and directions before using or consuming a Product. For additional information about a Product, please contact the manufacturer or supplier. Al Naboodah assumes no liability for inaccuracies or misstatements about products. Customer reviews are provided for informational purposes only. Customer reviews reflect the individual reviewer’s results and experiences only and are not verified or endorsed by Al Naboodah.

8. LIMITATION OF LIABILITY AND INDEMNITY

Nothing in these Terms is intended to affect your rights under law. The use of the Platforms or any of the Services or Products is at your own risk, and unless otherwise stated in these Terms, you assume full responsibility and risk of loss resulting from your use of the Platforms or any of the Services or Products.
By using the Platforms, you agree, to the fullest extent permitted by law, to indemnify and hold Al Naboodah, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these Terms, your use of the Platforms or any of the Services, your non-compliance with applicable laws or regulations in the jurisdiction in which you are accessing the Platforms or the Services, or any action taken by Al Naboodah as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred. You agree to defend, indemnify and hold harmless Al Naboodah and its affiliates from and against any and all claims, losses, costs and expenses, including attorneys' fees, arising from or related to your use of the Platforms or any breach by you of these Terms.
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability, or otherwise shall Al Naboodah or any of its affiliates, employees, directors, officers, agents, vendors, or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature, including without limitation, losses for lost profits, loss of goodwill, loss of data, work stoppage, business interruption, accuracy of results, or computer failure or malfunction, even if an authorised representative from Al Naboodah has been advised or should have known of the possibility of such losses, arising out of or in connection with (i) the use or inability to use the Platforms; (ii) your use of or reliance on the Platforms, any information, hyperlinks or content contained therein, or services included on or otherwise made available to you through the Platforms; (iii) your provision of information, personal or otherwise, to Al Naboodah; (iv) the provision of Services by Al Naboodah; (v) acts or negligence on the part of Al Naboodah; (vi) the sale, purchase, transportation, delivery, use or disposal of any product, or service associated with the Platforms or available through other sites linked to the Platforms, or any loss suffered by or harm to any person or property in any way relating to or caused in whole or in part by your use of the Platforms or any service or product, associated with the Platforms; or (vii) any taxes attributable to the relating to any service or product associated with the Platforms.
In no event will Al Naboodah be liable for any losses in excess of the amount paid by you towards the price of the Product in respect to which the claim arose. You hereby release Al Naboodah from any and all obligations. Liabilities and claims in excess of this limitation.

9. GENERAL

Any links or references to other online websites ("hyperlinks") contained on the Platforms are provided by Al Naboodah merely as a convenience to you and other users of the Platforms, and Al Naboodah is not responsible for the content or operation of any such linked sites, or liable, directly or indirectly, for the privacy practices or the content of such linked sites. Any hyperlinks to such linked websites should in no way be construed as an endorsement, representation(s) or promotion by Al Naboodah as to the content, representations, accuracy, products or services found or otherwise described in such linked websites. Use of these linked websites is done at your own risk and consequences.
Except as otherwise expressly stated, Al Naboodah owns/has control or has licensed the copyright, trademark and all other intellectual property contained in the Platforms, including but not limited to all text, images or links. All product names, trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g. all capital letters), (collectively, "Marks") are trademarks owned by or licensed to Al Naboodah unless otherwise noted. The Marks on the Platforms are variously protected by the laws of the United Arab Emirates and other countries. No use of any of these Marks may be made without the prior, written authorisation of Al Naboodah, except for the sole purpose of identifying the products or Services originating from Al Naboodah. Al Naboodah expressly reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on the Platforms. Access to the Platforms does not confer and shall not be considered as conferring upon anyone any license under any of Al Naboodah's or any third party's intellectual property rights. Access to the Platforms does not authorise anyone to use any name, logo or mark in any manner.
You may not copy, reproduce, republish, modify, distribute, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, use for commercial purposes any of the materials and make available to the public, or otherwise use content on the Platforms in any way except for your own personal, non-commercial use. You further agree not to adapt, alter or create a derivative work from the Platforms content except for your own personal, non-commercial use. Any other use of the Platforms’ content is strictly prohibited and requires a prior written permission from Al Naboodah.
Al Naboodah reserves the right to correct any errors or omissions in the Platforms and to improve the contents at any time without notice. If you rely on the Platforms and any materials or Services available through it, you do so entirely at your own risk. Furthermore, Al Naboodah reserves the right to alter, limit or discontinue the provision of any of the Services contained on the Platforms at any time without prior notice to you.
Al Naboodah may terminate or suspend your access to all or part of the Platforms, without notice, for any conduct that Al Naboodah, in its sole discretion, believes is in violation of these Terms or any applicable law or is harmful to the interests of the Al Naboodah or a third party. Notwithstanding such termination or suspension, you will continue to be subject to clauses 2.2, 2.3, 2.4, 8, 9, 10.2, 10.3, 10.5, and 10.16 of these Terms. Except as otherwise expressly stated in these Terms, Al Naboodah shall not be liable to you or to any third party for any modification, termination, suspension or discontinuation of the Platforms.
Al Naboodah may use cookies, or other technologies, on the Platforms. Cookies are small files or records that Al Naboodah may place on your web browser for collecting information about your activities on the Platforms, preparing reports, assessing trends, and otherwise monitoring the way in which the Platforms are being used. This is intended to enhance convenience for you, and to assist Al Naboodah to run an efficient operation. By accepting these Terms, you confirm your consent to Al Naboodah’s use of cookies, and other such technologies, for these purposes.
You are prohibited from violating or attempting to violate the security of the Platforms, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Platforms, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or Services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
You understand that by using the Platforms or any Services provided on the Platforms, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Platforms and any service at your sole risk and that Al Naboodah and its affiliates shall have no liability to you for content that may be deemed offensive, indecent, or objectionable.
You acknowledge that the purchased goods licensed or sold on the Platforms, which may include technology and software, are subject to the customs and export control laws and regulations of United Arab Emirates and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Platforms, you agree to abide by the applicable laws, rules and regulations and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology in violation of the law.
If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use the Platforms.
If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms shall remain in full force and effect. The failure of Al Naboodah to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit Al Naboodah's rights with respect to such breach or any subsequent breaches.
Your unauthorised use of the Platforms may give rise to a claim for damages and/or be a criminal offence.
These Terms and the relationship between you and Al Naboodah will be governed by the laws of Dubai and the deferral laws of the United Arab Emirates and the parties hereby agree to submit to the exclusive jurisdiction of the courts of Dubai.
If any portion of the Terms is held to be unenforceable, invalid or illegal by any court of competent jurisdiction, the remainder of the Terms shall not be affected.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Al Naboodah as a result of your use of the Platforms.
These Terms (i) constitute the entire agreement between you and Al Naboodah with respect to the subject matter hereof and supersedes any previous oral or written arrangements or understandings relating thereto, (ii) will be governed by the laws of Dubai and the deferral laws of the United Arab Emirates as applicable, (iii) may not be amended, terminated or waived orally, and (iv) may not be assigned or resold, in whole or in part, directly or indirectly, by operation of law or otherwise, by you. Any terms of these Terms that may be invalid will not affect the validity of enforcement of the remaining valid terms of Terms. You agree, as we do, to submit to the exclusive jurisdiction of the courts of Dubai.
If you do not agree to (or cannot comply with) any of these Terms, do not use this Platforms.
Al Naboodah shall be not held liable for any delay or failure in performance of any part of these Terms from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, pandemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, political unrest, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or Services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or acts, omissions, overloading or slowdowns over the internet or any third party internet service providers.

10. CONTACT

communications@alnaboodah.com

By Post:

P.O. Box 80657, Al Awir 800, Dubai - Hatta Road, E44, Dubai, UAE