1. Definitions
“Sharrai” “We” “Our” “Us” refers to SHARRAI ELECTRONIC TR and its subsidiaries, employees, officers, representatives, agents, affiliates or assignee. “Platform” “Platforms” refers to www.sharrai.ae and/or related smart phone application.
“You” “Yours” “User” “Users” refers to Platform users whether categorized as individuals, private, companies, dealers, or Subscriber of Subscription Service provided as intended in the context. These Users may access the Platform to purchase a Service or view advertisements posted.
“Service” “Services” means the service provided by Sharrai which currently include: vehicle single classified advertisement listing service; and Subscription Service; or as maybe added or amended from time to time by Sharrai.
“Subscription Service” is a ready and standard agreement for vehicle advertisement packages provided and prepared by Sharrai. Subscription Service is available for specific Users as shown in these T&C or as maybe added or amended from time to time by Sharrai. Subscription Service will be mainly available for persons licensed to practice activities that include trading, buying and selling of vehicles, or for Users that Sharrai deem fit for access to purchase these Services. These Subscription Service packages are prepared and made available in advance by Sharrai. They are available for monthly or annual subscription basis.
“Subscriber” a user that is subscribed to a Subscription Service.
“Subscription Agreement” is an agreement enter between Sharrai and Subscriber to purchase Subscription Service package.
“T&C” include these terms and conditions, and other policies, terms and conditions, guidelines, and notices, either posted or uploaded by Sharai on the Platforms, or accepted upon registration or purchase of a Service.
2. General terms and conditions
2.1. By entering, using, or accessing the Platform, You consent to be bound by these T&C related to the usage of the Platform, and to abide by relevant laws and regulations, and acknowledge Your responsibility for complying with the T&C and all local laws that may apply. Material available on the Platform is safeguarded by appropriate copyright and trademark regulations. If You do not accept the T&C You are not authorized to use or access the Platform. Furthermore, You accept and acknowledge that these T&C may be amended, changed, wholly or partially, by Sharrai in its own will and without the requirement of a notification or Your further acceptance. It is Your duty to review and read the T&C. By accepting these T&C, entering, using or accessing the Platform You declare that You have read and agreed to the T&C contents.
3. Usage permission
3.1. User has temporary permission to view content from the Platform for non-commercial, and brief viewing only.
4. Usage Limitation
It is prohibited to:
- Modify or copy content posted on the Platform.
- Utilize the content for any commercial purpose or for public display, whether for commercial or non-commercial purposes.
- Attempt to convert, decompile, or reverse engineer any software or content contained or used in the Platform.
- Delete any copyright or other proprietary symbols from the content available on the Platform.
- Transfer, copy, or mirror the contents to third parties or other servers.
5. User obligation
5.1. Sharrai is not an automotive dealer, nor an agent of Users. Sharrai offers a Service that allows Users to advertise vehicles and to view/access information of the advertised vehicles (“Details”), and other content that We host and develop. Users are responsible for their listings and communications. Sharrai does not get involved in User communications or transactions.
5.2. Users are the source of the Details. Sharrai does not verify their accuracy. Sharrai does not offer guarantees and is not responsible for accuracy or completeness of Details. User is responsible for verifying the information. User will be responsible for validating the accuracy of any Details, consult an expert and seek legal advice before making a purchase, and act in good faith toward all involved parties.
6. Limitations
6.1. Sharrai is not responsible for any damages that may occur, including but not limited to, data loss, profit loss, or disruptions to business operations, resulting from the use or inability to use of the Platform and/or accessing the Services. This applies even if Sharrai was informed verbally or in writing of such potential damages.
7. Adjustments and errors
7.1. Material and contents available on the Platform may contain technical, typographical, or photographic mistakes. We do not guarantee the accuracy, completeness, or currentness of any material or contents. Sharrai reserves the right to modify material and contents in its own will without prior notification.
8. Platform availability
8.1. Sharrai is keen to keep its Platforms and Services available. However, uninterrupted, or faultless operation is not guaranteed. Occasional maintenance may cause temporary unavailability. User acknowledges and accepts that Sharrai is not liable for any Service interruptions, and We retain the right to modify or discontinue any part of Our Platforms and Services, including User access.
9. Third party links and ads
9.1. Our Platform may contain links to third party advertisements, products, Services, websites, and third party provided data for which We disclaim responsibility. Advertisements on Our Platforms are from third parties and are solely the responsibility of the advertisers. Sharrai is not responsible and does not guarantee the accuracy or authenticity of links to third party advertisements, products, services, websites, and third party provided data on Our Platform. By accessing or using Our Platform, You expressly agree to release Us from any claims or disputes related to third party interactions.
10. Amendment and updates of T&C
10.1. Sharrai has the right to revise its T&C at any time in its own will and without notice. User expressly agree to be bound by these T&C and any amendment, modification, and/or update. It is the User's responsibility to review T&C upon access and use of the Services and Platforms.
11. Communications recording
11.1. Users agree to have their communication whether in writing or by phone recorded for training and assessment purposes. User further agrees to such record keeping, if any, without the requirement of reminding You upon each communication.
12. Loan calculator
12.1. Finance information and calculator available on the Platforms are provided as examples and for demonstration purposes only. Rates may vary depending on each individual case. User must seek professional advice before proceeding with financial arrangement. Sharrai is not responsible for User financial defaults. Non-payment Consequences: failure to meet payment obligations on Your financial commitment, may lead to reporting this to the UAE credit rating agency, which can affect Your future borrowing capabilities from UAE banks, and may cause repossession of Your mortgaged assets.
13. Refund policy
13.1. Payments made to acquire Services are not eligible for refunds. If the User cancels, removes, or deletes a purchased Service before the end of its period it will be deleted on the User sole responsibility and without any responsibility on Sharrai.
13.2. It is Your responsibility to adhere to the T&C. In the event, Your advertisement has been deleted, removed or rejected, wholly or partially, due to non compliance with the T&C no refund will be made.
14. Listing guidelines
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14.1. Images
- It is important to maintain the images standards and photo guidelines when uploading Your photos.
- Ensure the vehicle is clean and free from dust.
- Hide the number plates before capturing the images.
- The area around the car should be clean and in a good setting.
- The photos and images must not include any other advertisements.
- The photos must not include people.
- Images of the vehicle advertised should be recent, of the actual vehicle advertised, taken by the User, clear, and demonstrate the actual condition of the car.
- Separate and single photos, each photo should demonstrate a different aspect of the vehicle.
- Do not upload more than one vehicle in a single advertisement, combination or collages of photos in single image, logos of companies, branding, pictures of people without prior written consent.
- Not following the guidelines will lead to the rejection of Your upload or removal of the uploaded images.
- Uploading prohibited, non relevant, or unlawful images in the advertisement will lead to removal of the advertisement and taking necessary action.
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14.2. Vehicle details
- You must provide correct, true, and complete information about the vehicle in the advertisement. Such as, make, model, year, displacement, transmission, odometer mileage, condition, options and specifications lists.
- Providing non relevant or unlawful details will lead to removal of the advertisement and taking necessary legal action.
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14.3. Advertisement rules and guidelines
- Each advertisement is valid to showcase one vehicle only. Showcasing multiple, whether in images or details or description in single ad is not allowed and will lead to removal of post.
- In case the advertisement is non-compliant with these guidelines or relevant laws, the advertisement will be removed, and further action may be taken.
- It is not allowed to modify the make and model of the vehicle.
- It is only allowed to advertise vehicles that are existing and available for sale. Advertisements for vehicle that do not exist or unavailable for sale will not be approved or removed as the case may be.
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14.4. Contact and location
- User must enter current contact information in the ad. It recommended that You add a mobile number, telephone number, and an email.
- The vehicle advertised must be in the UAE. Advertisements for vehicles not in the UAE will not be approved or removed.
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14.5. Control and rejection
- Sharrai has control over the advertisements.
- Sharrai may request to make changes on advertisements and request additional information, or reject the advertisement.
- If the advertisement has been rejected due to noncompliance with the guidelines and/or the T&C no refund will be made.
15. Subscription Service (FOR DEALERS)
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15.1. Availability of Subscription Service
- Subscription Service is currently available for dealers registered in the UAE. Sharrai holds the right to give access to these Subscription Service to any category of Users.
- The Subscription Service is prepared and made available in advance by Sharrai.
- Sharrai holds the right to add, amend, change, or remove Subscription Service available on the Platform.
- Subscription Service details are available upon submitting the subscription request on the Platform which is considered part of these T&C.
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15.2. Subscription Service User obligations & acknowledgments
- Upon signing the Subscription Agreement, this indicates Subscriber agreement to the T&C and acknowledgement that Subscriber have read and understood the T&C and any additional documents provided to Subscriber at the time of signing.
- Subscription Agreement is available for monthly and annual subscription packages.
- Subscriber must ensure the following, to: [followed by sub-points]
- User acknowledges and accepts: [followed by sub-points]
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15.3. Subscription Service period and termination
- Subscription Agreement may not be terminated before the end of its period.
- Subscription Agreement is valid for a period of: [followed by sub-points]
- The Subscription Agreement shall renew automatically unless agreed otherwise
- Sharrai holds the right to terminate and or cancel this Agreement for any reason and it is own will without the requirement of sending a notice or a judicial order. In the event the Subscriber continues using Services after the termination it shall be liable for the costs.
- Sharrai may suspend the Services, remove details and images, or terminate the Subscription Agreement in any of the following cases: [followed by sub-points]
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15.4. Continuity of Subscription Service
- Subscriber may not terminate Subscription Agreement before the end of its period.
- in the event of termination for any reason the Subscriber shall: [followed by sub-points]
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15.5. Subscription Service packages, fees, and payments
- Payments for Subscription Service shall be made in advance. The User is responsible for the costs, expenses, taxes from the start date whether or not the Service is used, active, or not.
- The Subscription Agreement will specify the fee and the package or packages the User subscribes to.
- Sharrai holds the rights to amend these T&C and the Subscription Agreement in its own will without the requirement of Your approval.
- Sharrai holds the right to change Your Subscription Service package if it is no longer available.
16. Refunds
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16.1. The User may receive a refund in the following events:
- The Subscriber made duplicate payments for Subscription Service. The Subscriber will be refunded. Fees, expenses, and/or costs related to making refund payment by Sharrai will be deducted.
- a court decision has been issued in this regard.
- damages, expenses, fees, costs, penalties will be deducted from refunds.
17. Limitation of liability and indemnity
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Sharrai is not liable for the following
- services that are provided via third party contractors or agents, and related costs and expenses;
- Our liability for any claims related to agreements or Services, regardless of the source or basis of claim, shall be equivalent to the total payment made to US by You under this Agreement.
- It has been agreed between the Parties:
- You accept that Our obligation excludes any implied conditions and warranties from the Agreement.
- You accept that Our liability and obligations for the breach of any condition or warranty that cannot be excluded shall not exceed of value of the Service.
- You accept that You may not claim consequential, special, or indirect loss or damage, (including, but not limited to, lawyer fees, legal costs and fees, loss of opportunity, revenue, and profits).
- Regarding fraudulent or contested transactions, the User is responsible of contacting their bank. The User is responsible for any charges imposed by banks in all payment situations without any liability on Sharrai.
- The User accepts that Sharrai is not responsible for any delay in performance or breach of Agreement due to circumstances beyond Sharrai control, such as viruses, other malfunctions, or server failures hosting the Platforms.
- User agrees to indemnify and hold harmless Sharrai and its officers, employees, agents, representatives, against any direct or indirect liabilities, losses, damages, expenses, and costs including lawyer expenses. This indemnification is applicable to any claims or proceedings initiated by third party against those indemnified, concerning any material generated by User related to the usage of the Service.
18. Key provisions
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Sharrai is not liable for the following
- Sharrai may modify these T&C by posting any updated version on the Platform. The User accepts and acknowledges that Sharrai may make changes to the T&C in its own will and discretion. The User further accepts that the publication of the updated version of the T&C on the Platform serves as written notice regarding such amendments.
- Delay or failure on Sharrai part to enforce any provision of the T&C or agreement will not be considered as a waiver and does not affect Sharrai rights.
- Notices must be sent by email address, by hand, or courier.
- The Agreement, T&C, and any documents referred to in the Agreement or provided by Us at the same time as the Agreement form the entire agreement between the Parties, and supersedes all prior understandings, agreements, arrangements or representations.
19. Assignment
- The User may not assign or transfer the Agreement, Services, or any rights or obligations without the prior written consent of Sharrai.
- Sharrai may assign or transfer the Agreement, Services, or any rights or obligations by a written notice without the requirement of the User consent.
20. Law and Jurisdiction
- Matters related to the relation between Sharrai and User, Platform, Services, agreements, or any other reason shall be governed by the federal laws of the United Arab Emirates and the local laws of the Emirate of Sharjah.
- Sharjah courts shall have jurisdiction decide is any related matters.
21. Severability
- If any term or condition of T&C or agreement, is found by a court, administrative agency or jurisdiction to be unenforceable, the remaining T&C will remain in full force and effect and will be enforceable to the maximum extent permitted by law.