Terms and Conditions
1. Definitions
For the purposes of this Agreement, "We," "Us," or "Our" refers to CarExport360, including its affiliates, subsidiaries, employees, officers, agents, and any parties acting under its authority. "Website" refers to carexport360.com. "You," "Your," or "Client" refers to the individual or legal entity subscribing to and utilizing the Car Listing Subscription Service (hereinafter referred to as the "Service").
The Service may comprise one or more of the following features, subject to the selected membership package: vehicle listing management; vehicle photography and media uploading by CarExport360 personnel; lead generation tools and analytics; website integration and automated data feeds; dealership website creation and hosting; display and banner advertising (SOV and/or CPM models); call tracking and recording services; inclusion in email marketing and alert distributions; custom website and banner design; and marketing campaign execution.
These Terms and Conditions ("Agreement") govern the use of the Service and form a legally binding contract between the parties.
2. Client Obligations
Execution and return of a signed Advertising Agreement shall constitute the Client’s full acceptance of these Terms and Conditions, which must be read in conjunction with any other relevant documentation provided at the time of signing. Unless otherwise defined, any reference to a "month" herein or in related documents refers to a thirty (30) calendar day period.
The Client agrees to advertise only vehicles currently available for sale in the jurisdictions permitted under the selected subscription. Vehicles must be marked as sold on the Website within twenty-four (24) hours of sale confirmation. The Client shall refrain from uploading any content that is unlawful, defamatory, misleading, deceptive, or infringing on third-party intellectual property rights. No reference to CarExport360 or its Website may be made in promotional material or on third-party platforms without prior written consent. The Client is required to comply with all applicable laws and regulations concerning electronic commerce and data transmission.
Each listing submitted through the Service must relate to a specific vehicle and must not be duplicated within associated showrooms or dealership groups. Submission of any promotional content unrelated to specific vehicle listings requires prior written authorization from CarExport360. Unauthorized persons must not be permitted to access or use the Service under the Client's subscription. The Client shall not associate CarExport360 or its Website with any marketing or merchandising activity without express written permission.
The Client acknowledges that they have reviewed and accepted all legal notices posted on the Website. The Client affirms that they are authorized to submit vehicle listings and related materials and that they act on behalf of the respective vehicle owners. All photographs taken by CarExport360 personnel are the exclusive intellectual property of CarExport360. The Client is not permitted to use, license, distribute, or authorize any third party to use these photographs without express written authorization.
By submitting content to the Service, the Client grants CarExport360 an irrevocable, non-exclusive, worldwide, royalty-free license to reproduce, publish, license, and adapt such content for any lawful purpose. CarExport360 reserves the right, but not the obligation, to monitor, edit, or remove user-submitted content. CarExport360 is not liable for any inaccuracies in vehicle data submitted by or on behalf of the Client. The Client is responsible for ensuring listing compliance with CarExport360’s image and content guidelines.
Service access may occasionally be interrupted due to technological or network failures. All costs related to telecommunications and internet access required for using the Service are the sole responsibility of the Client. The Client is also responsible for maintaining the integrity and security of its data. Transmission of data over the internet is inherently subject to potential delays and errors.
Unless otherwise revoked in writing, the Client consents to being contacted by CarExport360 or its partners via email, SMS, or other electronic means in connection with promotional opportunities or additional services.
Agreement Terms, Suspension, and Termination
This Agreement shall remain in force for a period of twelve (12) months from the start date specified in the Advertising Agreement, unless otherwise agreed in writing. Early termination by the Client is not permitted under any circumstances.
Upon expiry, the Agreement shall terminate unless renewed in writing. CarExport360 reserves the right to terminate this Agreement at its sole discretion by providing seven (7) days’ prior written notice. If the Client continues to use the Service after such termination, they shall remain liable for all associated fees and obligations.
CarExport360 may immediately suspend or terminate the Service and/or remove vehicle listings uploaded by the Client if any payment is not received by the due date; if the Client breaches any clause of this Agreement and fails to cure the breach within seven (7) days of receiving notice; if any information submitted is false, misleading, or deceptive; or if the Client becomes insolvent, bankrupt, or is otherwise subject to receivership, liquidation, or dissolution.
Termination does not relieve the Client of its payment obligations. In the event of early termination, the Client shall be liable for all due payments up to the date of termination and shall additionally pay a cancellation fee equal to fifty percent (50%) of the outstanding balance at the time of termination.
Packages, Fees, and Payment Terms
Activation of the Service is subject to receipt of full payment in advance or to the submission of post-dated cheques (PDCs), as stipulated in the Advertising Agreement. Acceptable payment methods include cash, credit card, and any other payment methods specified in the Agreement. The Client shall be liable for all fees from the Contract Start Date, irrespective of the date on which the Service is activated.
Package descriptions and corresponding fees are outlined in the Advertising Agreement. Any modifications, additions, or changes to the selected package are subject to the sole discretion of CarExport360. CarExport360 reserves the right to modify its packages, pricing, and terms at any time, provided that notice is given to the Client.
CarExport360 retains full ownership of any domain name associated with the Client’s subscription. The Client may utilize the domain for the duration of the subscription. Upon expiration or termination, access to the domain shall be revoked. CarExport360 reserves the right to reassign, manage, or repurpose the domain at its sole discretion.
Refund Policy
The Client shall be entitled to a refund solely in the event that a duplicate payment is made for a service that has already been paid for. In such instances, the excess amount shall be refunded in full.
Should the Government of the United Arab Emirates introduce value-added tax (VAT) or a similar tax, CarExport360 reserves the right to apply such taxes to invoices issued under this Agreement, and the Client shall be solely responsible for payment thereof.
Limitation of Liability and Indemnity
To the fullest extent permitted by the applicable laws of the United Arab Emirates, CarExport360 excludes all conditions and warranties implied by law. CarExport360 shall not be liable for any indirect, special, incidental, or consequential damages, including but not limited to loss of revenue, profit, or business opportunity. In the event that liability cannot be excluded, CarExport360’s total liability shall be limited, at its discretion, to re-supplying the Service or reimbursing the cost thereof.
CarExport360 shall not be liable for any delays or failures arising from causes beyond its reasonable control, including but not limited to service outages, viruses, or server malfunctions. The Client agrees to indemnify and hold harmless CarExport360, its officers, employees, and agents from any claims, losses, damages, or legal expenses incurred as a result of third-party actions arising out of materials submitted by the Client in connection with the Service.
General Provisions
CarExport360 may revise these Terms and Conditions at any time by providing thirty (30) days’ prior written notice. The posting of the revised Terms and Conditions on the Website shall constitute sufficient written notice.
Any failure or delay by CarExport360 to enforce any provision shall not constitute a waiver of rights nor prejudice any future enforcement. Notices may be sent by email or prepaid post to the last known address of either party. The Client may not assign this Agreement without prior written consent.
This Agreement, together with any related documents referred to herein, constitutes the entire agreement between the parties and supersedes all prior understandings, communications, or representations. This Agreement shall be governed by and construed in accordance with the laws of the United Arab Emirates and the Emirate of Dubai.
The parties submit to the exclusive jurisdiction of the Courts of Dubai. Any arbitration shall be conducted under the rules of the Dubai International Arbitration Centre or the DIFC-LCIA Arbitration Centre, as mutually agreed. If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect.