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Vehicle Evaluation Terms and Conditions

BY CLICKING ON THE ‘CONFIRM’ OR ‘ACCEPT’ BUTTON ON THIS PAGE, OR OTHERWISE PROCEEDING WITH OUR VEHICLE EVALUATION SERVICE (THE “SERVICE“) IN RELATION TO THE VEHICLE IDENTIFIED BY YOU (THE “VEHICLE“), YOU HEREBY CONSENT AND AGREE TO THE VEHICLE EVALUATION TERMS AND CONDITIONS SET OUT BELOW (THE “VEHICLE EVALUATION TERMS“). THESE VEHICLE EVALUATION TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND DUBIZZLE CARS LLC (“dubizzle” OR “we“). IF YOU DO NOT AGREE TO ALL OF THE TERMS SET OUT BELOW, DO NOT PROCEED WITH OUR VEHICLE EVALUATION SERVICE.

IF YOU ARE ENTERING INTO THESE VEHICLE EVALUATION TERMS IN YOUR PERSONAL CAPACITY, THE TERM “you” REFERS TO YOU AS A PRIVATE PERSON. IF YOU ARE ENTERING INTO THESE VEHICLE EVALUATION TERMS ON BEHALF OF A CORPORATE OR OTHER ENTITY, THE TERM “you” REFERS TO THAT ENTITY AND YOU WARRANT AND REPRESENT THAT YOU ARE AN AUTHORISED REPRESENTATIVE OF SUCH ENTITY.

AUTHORISATION TO EVALUATE THE VEHICLE

  1. You hereby authorise Dubizzle to inspect and evaluate the Vehicle for the purpose of delivering the Service. If the Vehicle is owned by a third-party, you hereby warrant and represent that the owner of the Vehicle has consented to the Vehicle being inspected and evaluated by Dubizzle for the purpose of delivering the Service to you.
  2. You acknowledge and agree that Dubizzle will not undertake an evaluation if the Vehicle appears not to be in a roadworthy condition (as reasonably determined by Dubizzle) or if the Vehicle is not registered with the relevant authority.

SCOPE OF THE EVALUATION AND LIMITATIONS

  1. The evaluation is strictly limited to the items listed in the Evaluation Certificate (as defined below) and does not cover any other items. The Service comprises an evaluation that is visual and non-mechanical only.
  2. You acknowledge and agree that Dubizzle will not remove or dismantle any parts or fixed items from the Vehicle as part of the evaluation.
  3. Dubizzle will advise you if there are further limitations to its evaluation, for example due to limited access or the requirement for specialised tools or equipment.
  4. Dubizzle will not check whether the Vehicle is subject to a recall notice, as part of the evaluation.

RISK

  1. You or your authorised representative(s) must be present at all times during the evaluation of the Vehicle.
  2. The Service is provided to you at your own risk, and all risk or liability in respect of the Vehicle that may arise in connection with the Service, including any damage to the Vehicle or its contents or any theft of the Vehicle or its contents, will remain with you at all times.

EVALUATION CERTIFICATE

  1. Following completion of the evaluation, Dubizzle will generate an evaluation certificate in relation to the Vehicle (the “Evaluation Certificate“). The Evaluation Certificate, and all intellectual property rights therein, will remain the exclusive property of Dubizzle.
  2. The Evaluation Certificate represents Dubizzle’s subjective opinion as to the value of the Vehicle (limited to the specific items listed in the Evaluation Certificate), considering the age and condition of the Vehicle at the time of evaluation and based on the Dubizzle evaluator’s knowledge and experience.
  3. Dubizzle can only advise on the value of the Vehicle at the time of the evaluation, and the Evaluation Certificate is only current as at the time it is issued.

RELIANCE ON THE EVALUATION CERTIFICATE AND LIABILITY

  1. Dubizzle does not accept any liability whatsoever to any third-party you may choose to share the Evaluation Certificate with. If the Evaluation Certificate is provided to you by someone else than Dubizzle, you acknowledge and agree that you may not rely on the content of the Evaluation Certificate and that Dubizzle does not accept any liability whatsoever to you in connection with the Evaluation Certificate.
  2. You acknowledge and agree that the Evaluation Certificate is provided by Dubizzle ‘as is’ for information only, without any warranties whatsoever. In particular, Dubizzle does not provide any warranty regarding the accuracy or completeness of any information contained in the Evaluation Certificate, or the fitness of the information contained in the Evaluation Certificate for any purpose intended. To the fullest extent permitted by applicable law, Dubizzle will not be liable to you or any third-party for any claim (whether in contract or tort) for any loss, damage, injury or death to any person or property arising out of or relating to your use of the Evaluation Certificate.
  3. To the fullest extent permitted by applicable law, in no event will the liability of Dubizzle, each of its affiliates and their respective officers, directors, employees, representatives, subcontractors and agents in connection with the Service exceed the lower of: (i) the fee paid to Dubizzle by you for the provision of the Service (or, if the Service is provided as part of a wider Dubizzle service, that portion of the applicable fee which is attributable to the Service); or (ii) the amount of AED 2,500.
  4. These Vehicle Evaluation Terms are governed and interpreted in accordance with the laws of the Dubai International Financial Centre (“DIFC“). Any dispute, controversy or claim arising out of or relating to these Vehicle Evaluation Terms (including any question regarding their existence, validity breach or termination) shall be exclusively referred to and resolved by arbitration under the Arbitration Rules of the Dubai International Arbitration Centre (“DIAC”), which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The language to be used in the arbitration shall be English. The seat and place of arbitration shall be Dubai, United Arab Emirates. Each party unconditionally and irrevocably renounces any right it may have to challenge in any other jurisdiction or arbitral system the decision of the DIAC.

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