Terms & Conditions

Introduction

Please read this document carefully. It contains important information about your rights and obligations as a customer, as well as limitations and exclusions that apply to you. VEHICLE REPORT is a brand name registered and owned by AutoData Middle East LLC ("AUTODATA"). These General Terms and Conditions apply to the sale and purchase of a Vehicle Report (“VR”), between AUTODATA and you as a Vehicle Report customer, unless a separate, written agreement is entered into.

Formation of Contract

The representations of AUTODATA’s services and products available through its own and partner’s websites do not constitute a binding offer. With a customer's order, the customer submits a binding offer for the formation of a contract. Following the order, AUTODATA will process the customer's order and send a confirmation email to acknowledge the receipt of the customer's order. This acknowledgement of receipt does not constitute an acceptance of the order. The order is accepted with a separate notification or with the provision of the requested Vehicle Report. AUTODATA sends the order information and the terms and conditions to the customer by email. The customer can obtain the Terms and Conditions at any time.

License & Ownership

In case of purchase of a Vehicle Report ("VR"), AUTODATA hereby grants to the customer a limited, non-transferable and non-exclusive license to access and use the data contained in such report for personal, non-commercial purposes. Once a report has been ordered, it is visible for 30 days. During this time period, you can open you’re the report as often as you want.

Restrictions on Access and Use

AUTODATA reserves the right to reject any orders in which it believes VR will be used in a manner which will adversely affect AUTODATA. The customer is not allowed to distribute, disseminate, copy or publish the database containing the VR neither as a whole nor in parts. Commercial use, and/or resale and redistribution of AUTODATA VR, partially or entirely, is strictly prohibited. 'Commercial Use' is defined as use by persons or entities engaged in the business of researching, buying and/or selling of automobiles, the resale or redistribution of VR, or any other business purpose as determined by AUTODATA. The extraction and re-utilization of the whole or of a substantial part, evaluated qualitatively and quantitatively, of the contents of the database is not permitted. The repeated and systematic extraction and re-utilization of insubstantial parts of the contents of the database implying acts which conflict with a normal exploitation of the database or which unreasonably prejudice the legitimate interests of AUTODATA are not permitted. In particular any automated access to or exploitation of the database, e.g. by screen scraping or comparable techniques is not permitted. In the event a customer provides a VR to another party, the customer will not: (A) use the VR or information for unlawful purposes; (B) provide the VR or information to any party for resale or remarketing in any manner; (C) provide the VR or information to any motor vehicle manufacturer, or their financing or leasing subsidiaries (except in the normal course of dealership operations) or such motor vehicle manufacturers' advertising agencies; (D) replace, modify, redact labels, copyright notices and ownership information of AUTODATA’ VR and the associated documentation components; or (E) parse any VR or information obtained from AUTODATA. The customer shall make no representation to any person or entity regarding AUTODATA or any VR, whether written or oral, that is inconsistent with the provisions of this Agreement and the information contained in the VR.

Fees & Taxes

The customer will be charged only for a VR where a valid vehicle identification number ('VIN') is provided. Invalid VINs submitted shall return an error message and shall not incur any fees. The customer will also not be charged if a valid VIN is provided, but no data is found. The customer is not entitled to return any VR or VR packages once an order has been accepted as no refunds will be issued.

Billing & Payment

The customer may pay with credit card (American Express, MasterCard or Visa). Any fees are payable at the time the order is accepted.

No Right of Withdrawal

All purchase and sales are considered final once an order has been accepted by AUTODATA and a notification to the customer has been sent. A final sale and purchase cannot be withdrawn.

Breach, Late Fees & Liability

All invoices unpaid after 30 days from receipt are late and shall accrue interest at a rate equivalent to two percent per month. The customer is also liable for all fees (including any penalties or fees which may arise from any misuse or unauthorized use of customer's account) arising out of the use of the customer's account number(s) and password(s).

Disclaimer

The customer acknowledges that AUTODATA is collecting data from public records and other sources for use in VR’s and that this data may contain errors and omissions. AUTODATA does neither guarantee nor warrant the correctness or completeness of VR’s. The customer understands that not all information is available for all jurisdictions and that AUTODATA does not have access to some information that may be available to other parties. The customer also understands there may be a period of time between receipt of certain information by AUTODATA and its inclusion of such information onto a VR. The customer acknowledges that VR’s do not provide any conclusions regarding the specifications, condition, history, cost, value and attractiveness of any vehicle, and the customer assumes full responsibility with respect to its decisions and transactions using VR’s. The customer recognizes that AUTODATA's sole obligation in the case of erroneous data, when notified in writing by the customer of such erroneous data and confirmed by an independent AUTODATA data source, is correction of the record in question. AUTODATA does not warrant that VR’s are complete or error free.

Limitation of Liability

AUTODATA shall be liable as follows:

  1. AUTODATA’s liability shall not be limited in breach of any local applicable laws and regulations.
  2. AUTODATA shall be liable only for breaches of a material contractual obligation (cardinal duty). A "cardinal duty" in the meaning of this provision is an obligation whose fulfilment makes the implementation of this contract possible in the first place and on the fulfilment of which the contractual partner may therefore generally rely.
  3. In a case according to Clause 2 above, AUTODATA shall not be liable for any lack of commercial success, loss of profits and indirect damages.
  4. Any liability in accordance with the above Clauses shall be limited to the typical, actual damages incurred.
  5. The limitation of liability shall apply mutatis mutandis to the benefit of the employees, agents and agents of AUTODATA.

Indemnification

The customer will indemnify and hold AUTODATA and its agents harmless from any claims, suits or damages, direct or indirect, arising out of the customer's use of VR, including but not limited to claims stemming from missing, incomplete or inaccurate data on any VR.

Data Protection

AUTODATA is committed to protecting the privacy of all visitors to our website and all visitors who access our website or services through any mobile application (together, "Website").

We process your personal data in accordance with AUTODATA’s Privacy Policy which can be found here.

By visiting and/or ordering services on this Website or via our application, you agree and, where required, you consent to the collection, use and transfer of your information as set out in AUTODATA’s Privacy Policy. This Privacy Policy applies only to the digital properties of AUTODATA (including the websites and applications) and does not extend to the websites of any other companies or organizations to which we link, or who link to us. Our Privacy Policy specifically addresses our obligations in respect of applicable laws in the United Arab Emirates ("UAE") and any other region that we do business in.

Check our detailed data protection policy here.

Governing Law & Contractual Language

These Terms are governed by the law of the Dubai International Financial Centre, Dubai, United Arab Emirates (the “DIFC”) and you can bring legal proceedings in relation to our Service in the courts of the DIFC. The contractual language is English.

Modification & Assignment

AUTODATA is entitled at any time to amend or to supplement these Terms and Conditions. AUTODATA will notify customers via email or in an otherwise suitable form, e.g. in form of a notice during the login process. Such notification will take place at least six weeks prior to the effectiveness of the intended changes. If a customer does not object to such changes within the six-week deadline, the changes shall come into force. AUTODATA will notify the customer of the effect of the customer’s silence in the aforementioned notification. Should individual provisions of the present Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The contracting parties shall in such a case reach an agreement that the ineffective provisions shall be replaced with a provision that most resembles the economic spirit and purpose of the invalid provision. The same applies for any omissions in these Terms and Conditions.

 

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