PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY BEFORE ACCESSING OR USING ANY INFORMATION OR SERVICES ON THE WEBSITE OR THE MOBILE APPLICATION (“SERVICES”).
1. Access and Use
1.1 We, Seez App-FZCO (“Seez”) located at DSO-THUB-G-D-FLEX-G119D, DSO-THUB-G-D-FLEX-G120D, Dubai Silicon Oasis, Dubai, UAE, license you to use:
(i) the Seez R mobile application software, the Services on the application, the data supplied with the software, and any updates or supplements to it;
(ii) the Services on the seez.co website;
(iii) any other feature on another other Seez platform.
(collectively the “Application”), as permitted in these Terms.
1.2 If you do not accept all of these Terms, then you may not use the Application.
1.3 In these Terms, “we”, “us”, “our” or “Seez” refers to Seez App-FZCO, and “you” or “your” refers to you as the user of the Application.
1.4 We may modify these Terms, for any reason at any time, by posting a new version on the Seez website (seez.co) and the Application; these changes do not affect rights and obligations that arose prior to such changes. Your continued use of the Application following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with the Application in any way, your only recourse is to immediately terminate use of the Application.
1.5 We may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) and/or, if you are a registered user, by canceling your account and your access to your account. You may terminate this agreement with us under these Terms at any time by deleting your account and ceasing use of the Application.
1.6 We may provide a translation of the English version of the Terms into other languages. Any translation of the Terms into other languages is for your convenience only and the English version governs the terms of your relationship with Seez. Furthermore, if there are any inconsistencies between the English version of the Terms and any translation, the English version of the Terms shall prevail.
1.7 We recommend you save and/or print out a copy of these Terms for your future reference.
2.2 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Application or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
3. App Store’s Terms
3.1 The ways in which you can use the Application may also be controlled by the App Store’s rules and policies and App Store’s rules and policies will apply instead of these Terms where there are differences between the two.
4. Updates and Changes
4.1 From time to time we may automatically update the Application and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the Application for these reasons.
4.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Application and the Services.
5. Owner’s Permission
If you download or stream the Application onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
6. Collection of Technical Data
By using the Application or any of the Services, you agree to us collecting and using technical information about the devices you use the Application on and related software, hardware and peripherals to improve our products and to provide any Services to you.
7. Location Data
7.1 Certain Services, will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the Application on the device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
7.2 You may stop us collecting such data at any time by turning off the location services settings on your device.]
8. Description of Service and Disclaimers
8.1 The Application is a search engine for used cars in the UAE. Seez does not provide or own any of the used cars listed on the Application (“Used Cars”). The Used Cars are owned or made available by third parties (the “Sellers”) through online classified advertisement companies in the UAE (“Third Party Sites”). The Third Party Sites’ terms and privacy policies apply to your purchase so you must agree to, and understand those terms. Further, the sale terms of the actual seller apply to your purchase, so you must also agree to and understand those terms.
8.2 Seez is not a party to any transaction between users and sellers that originates from the Services or the Application. You understand and agree that the listings on the Application do not constitute offers for the sale of vehicles, and are therefore not subject to applicable laws relating thereto.
8.3 Your interaction with any Seller accessed through the Application is at your own risk and Seez does not have any responsibility should anything go wrong with your purchase or use of a Used Car. Information about a particular Used Car is supplied by the Seller, and the price and other terms of any sale remain subject to negotiations between you and the Seller. The prices listed by Sellers on the site often exclude taxes, finance charges, title, license, and other fees any or all of which may be added to the listed price to arrive at the final price you pay for a given vehicle. We are not responsible for and do not warrant or make any representations regarding any Used Car or other products or services listed on the Application or Third Party Site.
8.4 The display on the Application of a Used Car or a link to contact the Seller does not in any way imply, suggest, or constitute a recommendation by Seez of that Used Car, the Seller, or the Third Party Site where the Seller has posted its online classified ad, or any sponsorship or approval of Seez by such Seller or Third Party Site, or any affiliation between such Seller, Third Party Site, and Seez.
8.5 The Application hosts content, including prices, made available by or obtained from Third Party Sites on an “as is” and “as available” basis. We do not warrant or make any representations regarding the use of or the results of use of the Service or any Third Party Site in terms of correctness, accuracy of the listings (including, without limitation, appearance, accessories, price, or availability of any given vehicle) or otherwise.
8.6 Since Seez has no control over the Used Cars and does not verify the content uploaded by the Sellers on the Third Party Sites, it is not possible for us to guarantee the prices displayed on the Application. As such, our Services lets you quickly and easily compare results from various Third Party Sites at once. In addition, the content is largely generated in an automated fashion; errors can and do happen. In this sense, the Application is a search engine and we don’t guarantee prices we find or warrant that any of the listings on the Application are affordable, the lowest available price, or a good deal for you.
9. Communication with Sellers through Seez
9.1 The Application only acts as a user interface in connection with any communication made with a Seller. Accordingly, Seez has no responsibility for such communication or purchase of the Used Car because Seez has no involvement in creating the description of the Used Car, in defining the price and any fees, and in providing the Used Cars that you purchase. If you have any issues or disputes around your purchase and/or the Used Car, you agree to address and resolve these with the Seller and not with us. For the avoidance of doubt, any opinion, advice, statement, services, offers, events or other information or content expressed or made available on the Application by Sellers are those of the respective author(s) or distributor(s) and not of Seez (“Third Party Content”). Seez does not endorse or approve and is not responsible for monitoring, reviewing or the accuracy, completeness or reliability of any opinion, advice, information or statement made on the Application and you agree that you shall have no right of recourse against Seez for any liability arising out of your use (or lack thereof) of such Third Party Content.
Seez will not be responsible for any downtime or unavailability of the Application. Seez reserves the right to alter, modify or discontinue the Application or any content or services therein at any time without notice.
11. Intellectual Property
11.1 All of the text, images, software, trademarks, service marks or other material (“IP”) in the Application belong to us or our licensors. You will not copy or transmit any of the IP except for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on the Application must appear on all copies you print. Other non-Seez product, service, or company designations on the Application belong to those respective third parties and may be mentioned in the Application for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to the Application does not grant you any license or right to use any of the marks included on the Application. All rights not expressly granted herein are reserved.
12. Use of Our Application
12.1 You may only use and register to become a user of the Application if you are of sufficient legal age and can enter into binding contracts. If you become a registered user, you are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of the Application by you, anyone using your password and login information (with or without your permission) and anyone whom you allow to access your account. All information that you provide to us must be accurate and up-to-date. If any of your information changes, you must immediately update it. If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorised disclosure or use of your information or computer or mobile device used to access Our Website), you must promptly change your personal information that is affected.
12.2 If you decide to receive messages or other communications from the Application directly to your mobile device, you are solely responsible for keeping us updated with your current phone number, respectively updating to the latest version of the mobile Application, and for any charges incurred to receive such messages. We will not be liable for information sent to a device that is associated with your outdated mobile phone number or using an outdated mobile app. If you install any software or enable any service that stores information from the Application on any mobile device or computer, it is your responsibility, prior to transfer or disposal of such device, to remove your information or otherwise disable access to such software or service, in order to prevent unauthorised access to your information or account. You may be liable for the losses incurred by Company or others due to any unauthorized use of your account.]
12.3 You may only use the Application to search for legitimate purchases and you may not use the Application to make any false or fraudulent purchase or to stalk or harass anyone.
12.4 By using the Application, you agree to comply with laws that apply to the United Arab Emirates and your own country.
12.5 In addition, you agree not to do any of the following without prior express written permission of Seez:
(i) access the Application with any manual or automated process for any purpose other than your personal use or for inclusion of the search result pages in a search index. Use of any automated system or software to extract data from the Application for commercial or non-commercial purposes is prohibited;
(ii) [violate the restrictions in any robot exclusion headers on the Application or bypass or circumvent other measures employed to prevent or limit access to the Application;]
(iii) deep-link to any portion of the Application for any purpose;
(iv) use any device, software or routine that interferes or attempts to interfere with the normal operation of the Application or take any action that imposes an unreasonable load on our computer or network equipment;
(v) collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service;
(vi) reproduce, duplicate, copy, sell, trade, resell or exploit the Application;
(vii) merge, adapt, vary, alter or modify, the whole or any part of the Application or Services nor permit the Application or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Application and the Services on devices as permitted in these terms;
(viii) disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Application or the Services nor attempt to do any such things to decompile the Application to obtain the information necessary to create an independent program that can be operated with the Application or with another program;
(ix) use any feature of the Application for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate as determined by us;
(x) use the Application to collect or store personal data about others, or
(xi) use the Application for any commercial purpose unless we’ve given you written permission.
12.6 We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of the Application. If what you have done can be put right we will give you a reasonable opportunity to do so.Further, you can always delete your account here.
12.7 If we end your rights to use the Application and Services:
(i) you must stop all activities authorized by these terms, including your use of the Application and any Services;
(ii) You must delete or remove the Application from all devices in your possession and immediately destroy all copies of the Application which you have and confirm to us that you have done this;
(iii) We may remotely access your devices and remove the Application from them and cease providing you with access to the Services.
13. Limitation of Liability
13.1 We (together with our officers, directors, employees, representatives, shareholders, affiliates, and providers) to the extent permitted by law hereby expressly exclude any responsibility and liability for (a) any loss or damages to, or viruses that may infect, your computer equipment or other property as the result of your use or access to the Application or (b) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of the Application or our content; or (ii) any failure or delay (including without limitation the use of or inability to use any component of the Application for making a purchase of a Used Car.
13.2 Our aggregate liability for any and all loss or damage suffered by you as the result of your access to the Application, your using of any content from the Application, which is not covered by the above paragraph, is limited to AED 100.
13.3 Nothing in these Terms excludes or limits:
(i) either party’s liability for death or personal injury caused by its negligence or fraud;
(ii) either party’s liability for damages arising out of willful misconduct or gross negligence; or
(iii) your rights as a consumer.
14.1 Subject to these Terms, you will defend, indemnify and hold us and each of our officers, directors, employees and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your breach of any applicable law, and your use of or access to the Application.
14.2 You agree to defend, indemnify, and hold harmless Seez, its affiliates, officers, directors, employees, and agents from and against any claims, actions, liability, damages and/or demands, including, but not limited to, reasonable legal and accounting fees, made by any third party due to or resulting from (1) your use of the Application and/or; your connection to the Site; (2) your violation of the rights of others, these Terms, or any intellectual property or other right of any person or entity; or (3) any intellectual property infringement by any other user of your account, if an account has been assigned to you.
15. Governing Law and Dispute Resolution
15.1 United Arab Emirates is our Country of Domicile. We control this App from the U.A.E. We makes no representation that this App is appropriate for use in other locations. If you use this App from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this App in violation of any applicable laws or regulations, including, but not limited to any U.A.E export laws and regulations.
15.2 These Terms are governed by the laws of the UAE and Dubai and any dispute arising therefrom shall be submitted to the jurisdiction of the Courts of Dubai.
16.1 Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
16.2 You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you, provided your rights under these Terms are not prejudiced.
16.3 If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches.
16.4 The validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired if any provision of the Terms is rendered void, illegal or unenforceable in any respect under any applicable law.
16.5 These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between us relating to your use of the Application and replace any prior understandings or agreements (whether oral or written) regarding your use of The Application.