Terms & Conditions

Interpretation

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to United Arab Emirates.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to EVO EVENTS DMCC, Unit No: 110 Jumeirah Bay 2 Plot No: JLT-PH2-X2A Jumeirah Lakes Towers Dubai UAE.
Currency refers to AED (United Arab Emirates Dirhams). All transactions will be conducted in United Arab Emirates in AED. EVO EVENTS DMCC is not liable for any loss due to currency conversion or related bank charges.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Service. Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third party that may be displayed, included or made available by the Service.
Website refers to Evo Events & Online Auction Marketplace accessible from www.carbiddersclub.com
You refers to the individual accessing or using the Service or the company/ legal entity on behalf of which the individual is accessing or using the Service, as applicable.

Acknowledgment

These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you may not access the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the Application or the Website and tells you about your privacy rights and how law protects you. Please read Our Privacy Policy carefully before using Our Service.

Terms and conditions

These terms and conditions (“Agreement“) set forth the general terms and conditions of your use of the www.carbiddersclub.com/ website (“Website” or “Service“) and any of its related products and services (collectively, “Services“). We connect those offering Vehicles/Items for sale (“Sellers”) and those looking to acquire the same (“Bidders”). Our website is only connecting Parties; the actual contract for sale is directly between the Seller and the winning Bidder (“Buyer”).
This Agreement is legally binding between you (“User“, “you” or “your“) regardless of whether he or she is a Seller, Bidder, Buyer or other registered user or unregistered user and EVO EVENTS DMCC (“EVO EVENTS DMCC”, “we”, “us” or “our“). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement even though it is an electronic agreement and is not physically signed by you. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement (in which case the terms “User”, “you” or “your” shall refer to such entity). If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services.

Accounts and membership

You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages incurred as a result of such acts or omissions. We may suspend, disable or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

User content

We do not own any data, information or material (collectively, “Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. We employ a third-party service provider (PayTabs) to process credit card payments.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

Third party services

If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse nor are we responsible or liable for, nor do we represent any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Evo Events DMCC with respect to such other services. Evo Events DMCC is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Evo Events DMCC to disclose your data as necessary to facilitate the use or enablement of such other service.

Backups

We perform regular backups of the Website and its Content and will do our best to ensure completeness and accuracy of these backups. In the event of hardware failure or data loss we will restore backups automatically to minimize the impact and downtime in compliance with UAE Federal Law No. 5 of 2012 on Combatting Cybercrimes and its amendment by the Federal Law No. 12 of 2016 and UAE Federal Law No. 1 of 2006 on Electronic Commerce and Transactions.

Advertisements

During your use of the Website and Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website and Services. Any such activity with their respective terms, conditions, warranties or representations associated are solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

Payments

Once a vehicle is listed, you must ensure that the same vehicle is not listed with any other auction, dealership, listing service or publication. The vehicle will be listed on the website for seven (7) days for the Initial Auction. Thereafter, the vehicle may be placed into a separate auction area of Website for a period of twenty-four (24) hours during which we will use our best efforts to reach an agreement with the highest bids. The Seller will not enter into any other transaction concerning the vehicle or item after the approval for sale on the Website.
The Seller will not interfere, prevent or prohibit us in any manner prior to or during the Initial Auction and during the Seal the Deal Period of thirty (30) days. We reserve the right to accept offers on behalf of the Seller if price is equal or greater than the reserve price.
The Seller must make the vehicle available for the Buyer within forty-eight (48) hours after we accept a bid and the Buyer submits the payment in full. The Seller is responsible to arrange for the shipment as agreed between the Seller and Buyer.
We will not be liable or responsible for arranging the payment and delivery of the vehicle or item.
If the Buyer fails to pay the amount in full or fails to pick up the delivery of the vehicle, it will be considered as a default of the Buyer and they shall be obligated to pay an amount equal to the Buyer’s fee as liquidated damages. The Buyer hereby agrees that they’re equally liable to the Seller. Both, We and the Buyer acknowledge that it is difficult to ascertain the precise amount of damages; hence, we are authorized to charge any amount to the credit card as damages that we have on file of the Buyer, in the event of Buyer’s default.
If the Seller sells their vehicle or item externally during the Initial seven (7) day Auction Period, the Seller will be responsible for our service fee, which will be based on the vehicle or item Reserve Price. If the Seller fails to make the vehicle or item available to the Buyer once the deal is sealed, the Seller shall be in default under this Agreement and shall be obligated to pay us as liquidated damages, not limited to administrative charges or other expenses, incurred by us in order to issue such refund to the Buyer. The Seller and We, both agree and acknowledge that it is difficult to ascertain the precise amount of damages incurred by us due to the Seller’s default and that the liquidated damages provided herein are a reasonable estimate of those damages. Hence, we reserve the right to charge any amount as damages against the credit card we have on file for the Seller.
Listing Fees
Reserve Sale
First time Seller AED 350 + VAT/listing
Repeat Seller AED 200 + VAT/listing
Non-Reserve Sale
All Sellers AED 200 + VAT/listing
We charge listing fees prior to the listing of the vehicle and all such fees are non-refundable.
Buyer’s Fee
The winning bidder for a vehicle, is entitled to pay a Buyer’s fee equivalent to 5% of the winning bid amount of the listed vehicle which is subject to a Minimum threshold of AED 2000 and maximum AED 20,000.
The winning bidder, for an item listed on the website, is entitled to pay a Buyer’s fee equivalent to 5% of the winning bid amount of the Item Listed (Minimum fee AED 250).
All Buyers’ fees are non-refundable and subject to an additional VAT charge, payable to the government. Further, we will place holds on the credit cards of all other bidders, for vehicles or items listed (irrespective of them winning the bid), equivalent to an amount of 5% of their bid amount (a minimum of AED 2,000 or AED 250 respectively) plus VAT. Once the auction is complete, we will remove all such holds – except the hold on the winning Bidder’s credit card, which will automatically be charged as Buyer’s Fee. You understand that your card issuer’s rules apply to the release of the hold.

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource, which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.

Intellectual property rights:

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Evo Events DMCC or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Evo Events DMCC. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of Evo Events DMCC or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Evo Events DMCC or third-party trademarks. We have copyright over every post/listing of Vehicle/Item on our Website.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Evo Events DMCC, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Evo Events DMCC and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to any amounts actually paid by you to Evo Events DMCC for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Evo Events DMCC and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Governing Law and Dispute resolution

Our Website is based in Dubai, the formation, interpretation, and performance of our Website and this Agreement and any disputes arising out of it shall be shall be interpreted in accordance with the provisions of the Emirate of Dubai and the UAE Federal Laws, as case may be, in the Emirate of Dubai. There is no guarantee that our Website is complaint with laws of other country. Any dispute that may arise from or in connection with these terms and conditions shall be referred to exclusive jurisdiction of Dubai Courts.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will post a notification on the main page of the Website. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

Perquisite

Before acquiring a Vehicle from any Seller, Bidders are responsible for making their own rational judgments regarding the Vehicle. We are only responsible for connecting Sellers and Bidders. We do not take responsibility regarding the specifications of the Vehicle; whether a certain standard of quality is met. We similarly can’t and won’t be responsible for ensuring that information (including credentials) a Bidder or Seller provides about themselves is factual/correct or if the Vehicle/Item offered is accurate or up-to-date. Each Seller acknowledges and agrees that they shall make reasonable efforts to complete the sale of their Vehicle if there is a winning bid. In some rare cases at our sole discretion a portion of the proceeds may be paid to the Buyer by us should a bid fall short of the Reserve Price. The Reserve Price shall be established between the Seller & us prior to the commencement of the auction. Each Bidder acknowledges and agrees that if they are the winning bidder in an auction through the Services, their bid is binding on the Bidder and Bidder is responsible for all applicable government fees and taxes for the vehicle won. Notwithstanding the foregoing, we don’t control the actions of any Bidder or Seller, and Sellers aren’t our employees.
You hereby acknowledge that we do not supervise, direct, control or monitor the Seller vehicle and expressly disclaim any responsibility and liability for the Seller vehicle, including but not limited to any warranty or condition of quality/fitness for a particular purpose, or compliance with any law and regulation. We make no representations or warranties or assume responsibility for any vehicle/item advertised or offered by the Seller through our Website and will not be a Party to or monitor any transaction between you and Bidder or other Thirty Party Service Provider.

Confidentiality

You must keep confidential any user identification and password details set-up or given to you as part of our security procedures and must not disclose them to any third party.

Strict compliance with laws and regulations

You must ensure strict compliance in accordance with:
1. UAE Federal Law No 15 for 1980 (concerning Publications and Publishing) Chapter 7.
2. UAE Federal Law No. 5 of 2012 on Combatting Cybercrimes and its amendment by the Federal Law No. 12 of 2016.
3. Federal Law No. (3) of 1987 Promulgating the Penal Code.
4. Resolution No. 35 of 2012 (on the Standards of the Media Advertisements Content)
5. UAE Federal Law No. 1 of 2006 on Electronic Commerce and Transactions.

DON’Ts

You must:
1. Not use the Website or the Service in any unlawful manner (illegal, immoral or harmful manner).
2. Not transmit any data designed to interrupt, damage or destroy the Website.
3. Not use any automated device or computer program that enables the use of the Company’s flagging system or use flagging tool to remove post of competitors or other third parties.
4. Not use any spiders, robots, crawlers, data mining tools to download or scrape data.
5. Not use the Website other than for own personal use.
6. Not breach any policy or other notice on the Website.
7. Not contact anyone who has asked not to be contacted for any commercial purpose.
8. Not stalk or harass anyone.
9. Not infringe Intellectual Property Rights.

As per UAE Federal Law No. 15 for 1980 (concerning Publications and Publishing) Chapter 7 Material prohibited from publication:

Article 70: No criticism shall be made against the Head of State or Rulers of the Emirates.
Article 71: Any work is absolutely prohibited from being published if it involves instigation against Islam or the system of ruling, or if it causes harm to the interest of the state or the values of society.
Article 72: No opinions shall be published if they violate public discipline and order, or involve insult to teenagers, or call for or circulate subversive ideas.
Article 73: Any material is absolutely prohibited from being published, if it instigates criminal activity or incites hatred or provokes action of dissension among individuals of society.
Article 74: It is absolutely prohibited to publish confidential official or military communications unless permission is obtained from the proper authority at the ministry. It is also prohibited to publish conventions or treaties the government holds before they are published in the official gazette unless permission is obtained.
Article 75: Minutes of meetings, deliberations, or court hearings shall not be published in bad faith, misinterpreted or distorted.
Article 76: No article blemishing the president of an Arab, Islamic or any other friendly state will be published. It is also prohibited to publish any material that causes agitation to relations between the UAE and other Arab, Islamic and friendly countries.
Article 77: No article defaming Arabs and their civilization and heritage shall be published.
Article 78: No news on an ongoing criminal investigation shall be published if the judge orders investigations to be kept confidential, or the public prosecution restricts publication.
Article 79: No news, pictures, comments about an individuals’ private life shall be published if their publication is meant to disgrace such individuals. It is also prohibited to disclose any secret that may cause harm to the reputation of someone, or his property, his commercial name, or if the publication is meant to coerce somebody into paying some money or render a benefit to someone else, or the like.
Article 80: It is prohibited to publish in bad faith any false news about someone, or forge or tamper documents to relate them to such individual.
Article 81: It is prohibited to publish news that cause harm to the national currency, or causes damage to the national economy.
Article 82: Publications or advertisements shall not include any phrases, expressions or pictures that are inconsistent with public conduct, or otherwise mislead public.
Article 83: No advertisements shall be made on medicines, or pharmaceutical preparations unless by permission from the proper authority at the Ministry of Health.
Article 84: It is prohibited to malign a public official, or anybody occupying a post in the public prosecution, or assigned to perform a public job. The writer shall not be held responsible if he proves he did so in good faith.

Follow the main advertising regulations are contained within Resolution No. 35 of 2012 (on the Standards of the Media Advertisements Content).

Standards:
1. Respect for religion and political institutions: Advertising content must be respectful of all divine religions and not offend Islamic beliefs. It must not disrespect the regime in the UAE and/or the symbols and political institutions thereof. Further, no content broadcast or published by a media corporation or outlet may disrespect the local and international policies of the UAE or disrespect the cultural heritage of the UAE.
2. Prohibited products/services: The Advertising Standards explicitly prohibit advertising alcoholic beverages, tobacco, smoking and all banned products or services including banned narcotics.
3. Prohibited content: The Advertising Standards prohibit the publication of words and pictures that breach public morals. They further prohibit the spread and dissemination of information that may prejudice children, women or any other members of society. The Advertising Standards also prohibit the provocation of violence, hatred and sectarianism via advertising content.
4. Privacy: With a view to protecting the privacy of individuals, the Advertising Standards explicitly prohibit the broadcast and publication of misleading news and rumors.
5. Consumer Protection: The Advertising Standards mandate compliance with the laws governing consumer protection and commercial activities particularly in relation to anti-competitive practices and illegal monopolies.
6. Health regulations: Advertising content relating to medicines or pharmaceutical products must comply with the rules set out by Cabinet Resolution No. 7 of 2007 Regarding Health Advertisements Regulation.

Acceptance of these terms:

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Termination:

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions. Upon termination, your right to use the Service will cease immediately.

Notice:

Any notice given pursuant to these Terms may be served personally or by email to the last known email address of the addressee. It is the responsibility of Users promptly to update us of any change of address or email address. Such notice shall be deemed to have been duly served upon and received by the addressee, when sent by email 24 hours after the email has been sent.

Communication:

As part of the Services, you may receive communications through the Services, including messages that we sent to you (for example, via email). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving certain marketing messages.

Contact us:

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to support@carbiddersclub.com. To unsubscribe to emails and SMS about the Website and related information, send an email to support@carbiddersclub.com.

Language:

If these Terms are translated into any other language and there is a discrepancy between the English text and the text of the other language, the English text version will prevail.

All website design, text, graphics, the selection and arrangement thereof are Copyright ©2021, www.carbiddersclub.com, ALL RIGHTS RESERVED.