WEBSITE TERMS & CONDITIONS
These website terms and conditions (“Terms of Use”) is a legally binding document between User and Cloudwaycars.com (both terms defined below) in the form of an electronic contract and these Terms of Use does not require any physical, electronic or digital signature.
These Terms of Use of the website located at the URL www.cloudwaycars.com (the Website) is between CLOUD WAY CARS FZC (hereinafter referred to as "Cloudwaycars" or “Cloudwaycars.com” or "We" or "Us" or "Our") and the guest users or registered users of the Website (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which Cloudwaycars.com offers You access to the Website and such other services as are incidental and ancillary thereto ("Services").
Please read these Terms of Use carefully before using or registering on the website or accessing any material, information or services through the website. If you do not agree with these Terms of Use, please do not use the website.
1. GENERAL
1.1 CLOUD WAY CARS FZC is an online platform and is limited to managing the Website to exhibit, promote, advertise, display, make available and offer to sell the products and to enable to purchase the products so offered ("Products"), and other incidental Services thereto ("Services") including use of the Website by any User.
1.2 These Terms of Use are subject to revision by Cloudwaycars.com at any time and hence the Users are requested to carefully read these Terms of Use from time to time before using the Website. The revised Terms of Use shall be made available on the Website periodically and You can determine when Cloudwaycars.com last modified any part of the Agreement by referring to the "Last Updated" legend provided in that document. Cloudwaycars.com may require You to provide Your direct or indirect consent to any update in a specified manner before further use of the Website and the Services. If no such separate consent is sought, Your continued use of the Website and/or Services, following such changes, will constitute Your acceptance of those changes.
2. SERVICES
2.1 The Website is an electronic platform that provides various Products to Users (who are buyers / customers). The Services are offered to the Users through various modes which may include but not limited to issue of vouchers and/or coupons that can be redeemed for various Products.
3. USER ELIGIBILITY
3.1 You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in the jurisdiction. The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Cloudwaycars.com system for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail of the Services or use the Website. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this Terms of Use and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once.
3.2 Cloudwaycars.com reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
4. USER ACCOUNT
4.1 If You use the Website, You shall be responsible for maintaining the confidentiality of your USER ACCOUNT and Password and You shall be responsible for all activities that occur under your USER ACCOUNT and Password. You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website. Use of another user's Account Information for availing the Services is expressly prohibited.
4.2 You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.
5. PRIVACY POLICY
5.1 Data protection is a matter of trust and Your privacy is important to us. We shall therefore only use your name and other information which relates to You in the manner set out in this Privacy Policy. We will only collect information where it is necessary for Us to do so and We will only collect information if it is relevant to our dealings with You.
5.2 When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us (or our licensees) periodically and/or as and when required. We (or our licensees) may communicate with you by email or by such other mode of communication, electronic or otherwise.
6. PAYMENTS RELATED INFORMATION
6.1 Cloudwaycars.com, currently, does not charge any fee for browsing the Website or buying the Products on the Website. However, Cloudwaycars.com reserves the right to charge, modify or waive Users fees for the use of the Website and Services as a whole, or certain features of the Website / Services. You agree to pay any such fees, as may be applicable to the Services that You use. Your continued use of the Website / Services after such change in the fees will be considered to be Your acceptance of such changes, and the applicability of these Terms of Use to such changes.
6.2 You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. Cloudwaycars.com expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.
7. USER OBLIGATIONS
7.1 You agree to adhere to all limitations on distribution, use and reproduction of any materials (such as the Product catalogues, Site architecture, etc.) that Your access on the Website in accordance with clause 8.
7.2 You agree not to access (or attempt to access) the Website or Services by any means other than through the interfaces that are provided by Cloudwaycars.com. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
7.3 If you believe that any Content or User Content (as defined herein) or other content available on the Website does not comply with the terms of the Agreement(s) or applicable law, You may report such content.
7.4 The Website may allow you to post certain content, data or information of Your own such as allowing You to rate Products, seller, post your comments, and reviews in relation to Products on specific pages of the Website, as well as submit any suggestions, comments, questions or other information to Cloudwaycars.com using the Website / Services (collectively referred to "User Content"). You, being the originator of the User Content, are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that Cloudwaycars.com does not endorse any User Content on the Website and is not responsible or liable for any User Content. You agree that the right to disable access to the User Content on the Website is reserved by Cloudwaycars.com.
7.5 You agree, understand and acknowledge that the Website provides an electronic platform where various Users may electronically meet and interact with seller.
7.6 Any purchase of the Products from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 The Website and its processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), video, artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Cloudwaycars.com or its licensors and the design, structure, selection, arrangement, coordination, expression, including tangible and intangible look and feel of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights implied or expressly granted to You in respect of such Content. Cloudwaycars.com reserves the right to change or modify the Content from time to time at its sole discretion.
8.2 The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Cloudwaycars.com.
8.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Cloudwaycars.com owns all intellectual property rights to and into the trademark " Cloudwaycars.com", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
8.4 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Cloudwaycars.com or thirty party owner of such Content.
9. RETURNS POLICY
9.1 If You are not satisfied with the product(s) purchased from the Cloudwaycars.com electronic platform, You can return it within 7 calendar days from the day You received Your order and get a refund by either calling our customer support team or by filling the contact us form on our site.
9.2 You will then receive an email from our customer support team regarding the pickup information.
9.3 One of our courier partners will schedule Your return pick up in 3 to 5 working days. It is Your responsibility to ensure that the product(s) is in its original packaging with no labels/bar code damaged.
9.4 Upon receipt of the returned product(s), our return item/product department team will inspect and process for the refund accordingly. In the event of damage to: (i) the product by the User, or (ii) original packaging, labels or bar code, there will be no refund applicable.
10. Cancellation Policy
10.1 You can cancel your order online before the product has been shipped. Your entire order amount will be refunded. In case the item you have ordered has been shipped but has not yet been delivered to you, you may still cancel the order online. Your refund will be processed once we receive the originally ordered item back from the courier.
11. Delivery Information
11.1 It is at the sole discretion of Cloudwaycars.com, whether to use a single courier partner for delivery of product(s) in an order. Delivery charge varies with location of the User. Delivery charges will be indicated prior to making the payment. Hence, it is the obligation of the User to review the delivery charges prior to making the payment.
11.2 Our courier partner will call and schedule a time for delivery of the order(s).
11.3 In the event of our courier partner not able to reach You for a maximum of three working days, we reserve the right to cancel the order. If the payment was made through a debit or credit card, the charged amount will be refunded to User’s Cloudwaycars.com account within 10 working days (it may also take up to a month depends in the case of certain banks) after deducting any applicable charges.
12. Redemption of Gift Vouchers and Discount Coupons
12.1 You may use the gift voucher or discount coupon code at the time of checkout prior to processing the order before expiry of the gift voucher or discount coupon.
13. DISCLAIMER OF WARRANTIES & LIABILITY
13.1 The Website, Services, Content, User Content and any third party Content are provided by Cloudwaycars.com on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, or merchantability for a particular purpose. Without limiting the foregoing, Cloudwaycars.com make no warranty that
- The website or the services will meet your requirements or your use of the website or the services will be uninterrupted, timely, secure or error-free;
- The results may be obtained from the use of the website or services will be effective, accurate or reliable; or
- Any errors or defects in the website or services will be corrected. No advice or information, whether oral or written, obtained by You from Cloudwaycars.com or though the website, content or from use of the services shall create any warranty not expressly stated in these Terms of Use.
13.2 To the minimum extent permitted by applicable law, Cloudwaycars.com will have no liability related to User Content and/or third party content under Intellectual Property Rights, libel, privacy, publicity, obscenity or other laws. Cloudwaycars.com also disclaims all liability with respect to the misuse, loss, modification or unavailability or any User Content and/or third party content.
14. Termination
14.1 The Agreement will continue to apply until terminated by either You or Cloudwaycars.com as set forth below. If You want to terminate Your agreement with Cloudwaycars.com, You may do so by closing Your USER Account for all of the Services that You use.
14.2 You agree that Cloudwaycars.com may, in its sole discretion and with or without notice, terminate Your access to the Website if Cloudwaycars.com determines that You have violated the terms or any other Agreement(s). You also agree that any violation by You of the Terms of Use will cause irreparable harm to Cloudwaycars.com, for which monetary damages may be inadequate, and You consent to Cloudwaycars.com obtaining any injunctive or equitable relief that Cloudwaycars.com deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Cloudwaycars.com may have at law or in equity.
14.3 Cloudwaycars.com may, at any time, with or without notice, terminate these Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:
- we are required to do so by law or upon request by any law enforcement or other government agencies;
- In our opinion, the provision of the Services to You by Cloudwaycars.com is, no longer commercially viable;
- we have elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
- In the event Cloudwaycars.com faces any unexpected technical issues or problems that prevent the Website and/or Services from working.
15. Feedback and Complaints
15.1 Any feedback You provide to this Website shall be deemed to be non-confidential. Cloudwaycars.com shall be free to use such information on an unrestricted basis. You are not entitled to any compensation or reimbursement of any kind from Cloudwaycars.com for the feedback under any circumstances. Further, in the event that Cloudwaycars.com makes any changes or modifications to the Website, Content and / or Services on the basis of any such feedback, You shall not have any rights including any intellectual property rights in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to Cloudwaycars.com, all worldwide rights including any intellectual property rights to such changes or modifications to the Website, Content and / or Services, in perpetuity.
15.2 In the event of any complaints, please feel free to write to us: Cloudwaycars@gmail.com or call our customer support team.
16. GOVERNING LAW AND JURISDICTION
16.1 This Agreement, and any non-contractual matters or obligations arising out of this Agreement or the Services, shall be governed by, and construed in accordance with, the laws of United Arab Emirates (UAE).
16.2 Any dispute relating to this Agreement or the Services shall be resolved as set forth in UAE.