Terms & Conditions
Terms and Conditions
IMPORTANT: PLEASE READ THESE TERMS OF USAGE (“TERMS’) BEFORE USING CARAAGY UNIVERSAL (A SUBSIDIARY OF ALTAWKILAT UNIVERSAL MOTORS).
MOBILE APPLICATION OR WEBSITE.
ALL RIGHTS (INTELLECTUAL PROPERTY AND OTHERWISE) OF CARAAGY UNIVERSAL MOBILE APPLICATION AND WEBSITE SERVICES (“CARAAGY UNIVERSAL MOBILE APP” or “CARAABY UNIVERSAL WEBSITE” or “CARAABY UNIVERSAL”) IS OWNED BY ALTAWKILAT UNIVERSAL MOTORS.
ANY PERSON WHO DOWNLOADS THE CARAABY UNIVERSAL MOBILE APP OR VISITS THE CARAAGY UNIVERSAL WEBSITE OR IS REGISTERED WITH CARAAGY UNIVERSAL BY ANY OTHER MEANS SHALL BE REFERRED TO AS “USER” OR “YOU” UNDER THESE TERMS.
BY DOWNLOADING AND REGISTERING ON THE CARAAGY UNIVERSAL APP OR BY USING THE CARAABY UNIVERSAL WEBSITE, IT WILL BE DEEMED THAT THE USER HAS READ, UNDERSTOOD AND ACCEPTED THE FOLLOWING TERMS AND CONDITIONS IN THE SAME WAY AS IF THE USER HAS SIGNED A PRINTED VERSION AND USER SHALL BE BOUND BY THE TERMS UNTILTERMINATION OF THEIR REGISTRATION WITH CARAAGY UNIVERSAL.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS SET OUT HEREIN, DO NOT INSTALL AND/OR USE THE APP OR ANY OF THE SERVICES PROVIDED BY CARAAGY UNIVERSAL. IF YOU HAVE ALREADY INSTALLED THE APP, AND YOU DO NOT AGREE WITH THE TERMS SET OUT HEREIN, PLEASE UNINSTALL THE APPFROM YOUR MOBILE DEVICE.
Article 1 (Applicability & Scope of Use)
THESE TERMS SHALL APPLY TO ALL MATTERS CONCERNING THE USE OF CARAAGY UNIVERSAL APP & WEBSITE PROVIDED BY THE COMPANY. YOU CAN REGISTER FOR CARAAGY UNIVERSAL APP ON YOUR MOBILE DEVICE.
The Company may alter these Terms at any time without notice and without requiring the User’s consent for any reason including but not limited to security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of CARAAGY UNIVERSAL, by publishing the varied Terms on the home screen of CARAAGY UNIVERSAL application and Website.
The User accepts that by following the procedure set out herein above, the Company will have provided the User with sufficient notice of the changes to these Terms. The Company is under no obligation to specifically contact or notify the User of any changes to these Terms. By using CARAAGY UNIVERSAL APP or Website after any alteration to these Terms, the User shall be deemed to have accepted the revised/ modified Terms. The Company shall grant the User the right to use CARAAGY UNIVERSAL APP and Website, subject to these Terms, for smartphones and other electronic devices, which are managed and operated by the User (each referred to as an “Information Communication Terminal” – ICF).
The User may only use CARAAGY UNIVERSAL App or Website on Information Communication Terminals and operating systems that are authorized / recognized by the Company as being eligible to receive the service.
Article 2 (Content of CARAAGY UNIVERSAL APP)
The content of the CARAAGY UNIVERSAL App & Website is available to the User under these Terms shall be set out in a separate document or within CARAAGY UNIVERSAL App. The Company may change any or all aspects of CARAAGY UNIVERSAL App or Website, including but not limited to the display, content, and user interface of CARAAGY UNIVERSAL App or Website, at any time and without any notification to the User.
Certain individual services may be purchased through CARAAGY UNIVERSAL CARAAGY UNIVERSAL App (each referred to as the “Individual Service”). Individual Services may be provided by the Company or a third-party service provider (referred to as an “Individual Service Provider”). The User shall consent to these Terms and any other Terms and guidelines applicable to the Individual Service including but not limited to general terms and conditions, which are made available either by the Company or any other Individual Service Provider.
In the event of an inconsistency or conflict between the application of these Terms and any other Terms or guidelines (“Guidelines”) applicable to any or all Individual Services, the Guidelines shall prevail but only to the extent of any inconsistency.
The CARAAGY UNIVERSAL App or Website may transmit information via push notification as one of the Individual Services set out herein. By accepting these Terms, the User is deemed to have consented to receiving notifications from the Company or its authorized service provider/s. The Inbox service enables the User to be kept up to date on any topics pertaining to CARAAGY UNIVERSAL App & Website.
The User is solely responsible for all costs, including but not limited to, telecommunications costs, network provider costs and Information Communication Terminal costs that he or she incurs in connection with the installation and usage of CARAGBY UNIVERSAL App or Website.
Article 3 (Use of CARAAGY UNIVERSAL App or Website)
By clicking the ‘AGREE’ button below, the User agrees to be bound by these Terms.
To install, access and use CARAAGY UNIVERSAL App or Website, the user must satisfy and have full legal capacity to contract under the Laws of KSA.
The User shall not use CARAAGY UNIVERSAL App or Website in any manner that would, or could be expected to, damage or overburden any of the Company’s servers, or any network connected to any of the Company’s servers. The User must not use CARAAGY UNIVERSAL App or Website in any manner that would, or could be expected to, interfere with any other party’s use of CARAAGY UNIVERSAL App or Website or which is, or which is likely to be, in contravention of any applicable laws or any party’s rights or legal entitlements under any applicable laws.
Article 4 (Suspension or termination of the use of CARAAGY UNIVERSAL or Website)
The Company may suspend or terminate the use of CARAAGY UNIVERSAL App or Website by the User at any time without notice to the User and for any reason, including if the Company determines, in its sole discretion, that any of the following events have occurred, or are likely to occur when:
- The User has breached any of the Terms set out herein or elsewhere in connection to CARAAGY UNIVERSAL App or Website.
- The User has made a false representation to the Company regarding his or her personal identification including but not limited to his or her age, telephone number, e-mail address or other contact information (referred to as the “Contact Information”).
- The User has improperly used CARAAGY UNIVERSAL App or Website.
- The User has disturbed or interrupted the operation of CARAAGY UNIVERSAL App or Website.
- The User has violated a third party’s right.
- The User has violated any of the Company’s or Individual Service Provider’s policies applicable to the User.
- The User has acted in contravention to any of the laws or regulations in force or orders of a court or a regulatory authority
Article 5 (Prohibition of the transfer of rights and obligations)
The User shall not transfer or assign to a third party, any right or obligation relating to use of CARAAGY UNIVERSAL App or Website, or any services provided to him or her.
Article 6 (Login Information)
To make use of CARAAGY UNIVERSAL App & Website, the User shall need to register an account with the Company (“Online Account”). To register an Online Account, the User must:
- Provide the Company with complete and accurate personal information like name, email ID, phone number, and any such information as may be required for registration.
- Ensure that his or her use of CARAAGY UNIVERSAL App or Website is in accordance with these Terms and any applicable laws; and
- Select a username and password (“Login Information”).
By registering an Online Account with the Company, the User warrants, represents and undertakes that:
- He or she has given complete and accurate registration information and personal information, and will keep that information updated; and
- His or her use of CARAAGY UNIVERSAL App or Website does not violate these Terms or breach any applicable laws.
Article 7 (User’s Responsibility)
The User is responsible for all activities, risks, and liabilities in connection with his or her Login Information and usage of the Online Account. Accordingly, the User must take steps to protect the confidentiality of his or her Login Information and Online Account.
The User must not disclose his or her Login Information or any information related to their Online Account to any third party. The User must notify the Company immediately if he or she becomes aware of any disclosure, loss, theft, or unauthorized use of his or her Login Information or any information related to their Online Account.
It is the duty of the User to notify the Company immediately in writing of any unauthorized use of their password or account or any other breach of security. The Company shall not be liable for any loss that may be incurred by the User because of unauthorized use of the User’s Online Account, either with or without the User’s knowledge including but not limited to all orders, service request appointments or instructions and data transmissions,
The User shall be solely responsible for all losses, harm and damage arising because of the use of his or her Login Information and/or Online Account.
The User shall not use the Login Information or Online Account of any third party at any time and shall be solely liable and responsible for any loss arising from a breach of this Article.
Article 8 (Changes to Contact Information)
To make changes or updates to the contact information on the CARAAGY UNIVERSAL APP, the User may visit the nearby CARAAGY UNIVERSAL Workshop or log into the Online Account through CARAAGY UNIVERSAL APP or WEBSITE and update the information.
Please note that CARAAGY UNIVERSAL APP operates on one-time log-in, and any changes to the mobile number does not hinder the User’s ability to use the CARAAGY UNIVERSAL APP.
Article 9 (Procurement of the Information Communication Terminal)
The User is solely responsible for procuring the Information Communication Terminal/Internet to access CARAAGY UNIVERSAL App or website and any accompanying equipment or software at his or her own cost and expense.
The User hereby agrees and understands that he / she uses CARAAGY UNIVERSAL App or Website entirely at his or her own risk.
Certain services and functions of CARAAGY UNIVERSAL App & Website (including the Individual Service) will only work if the current positioning information (Global Positioning System or GPS) on the ICT activated and set to “ON.” It is the User’s sole responsibility to activate this setting on his or her Information Communication Terminal. The Company shall not bear any responsibility or liability for any damage, loss, harm incurred by the User for his or her failure to comply with this Article.
Article 10 (Change, Withdrawal and terminate of Services offered)
The company may temporarily or permanently change, withdraw, or terminate any Individual Service of CARAAGY UNIVERSAL at any time without notifying and without incurring any lability to the user.
Article 11 (Temporary suspension of the provision of the CARAAGY UNIVERSAL App or Website)
The Company may temporarily suspend the provision of CARAAGY UNIVERSAL App or Website without liability or notification to the User and at any time in any of the following circumstances, that is, when:
- Periodical or emergency maintenance of CARAAGY UNIVERSAL App or Website is conducted.
- The provision of CARAAGY UNIVERSAL App or Website, becomes impossible due to events outside of the Company’s control, including but not limited to, failure of electronic or mechanical equipment or communications lines (including telephone, cable and Internet), unauthorized access, acts or omissions of third parties, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, tsunami or other natural disaster), fire, war, insurrection, terrorist act, riot, labor dispute or other labor problems, accident, emergency, delay, overbooking, cancellation, change in Law or action of government or any other event beyond the control of the Company;
- Communication services (including internet connectivity) are suspended.
- Network disturbance occurs because of the environment in which the Information Communication Terminal is used.
- The Company judges it necessary to temporarily suspend the provision of CARAAGY UNIVERSAL App or Website for legal, security, operational or technical reasons, and
- The Company, for reasons not listed above, is required to temporarily suspend the provision of CARAAGY UNIVERSAL.
Article 12 (Compensation of damages)
If the use of CARAAGY UNIVERSAL or Website by the User causes damage, harm, loss, liability, or inconvenience to a third party, the User shall be solely responsible for settling the matter with the third party at his or her sole cost and expense and without causing any inconvenience or liability to the Company.
If the use of CARAAGY UNIVERSAL App or Website by the User violates Terms or causes damage, harm, loss, liability or inconvenience to the Company, the Company may demand damages in the form of compensation from the User.
Article 13 (Indemnification and Limitation of Liability)
The Company shall not bear any obligation or responsibility for services and information provided by the provider of the Individual Services other than the Company.
The entire and overall liability of the Company whether in tort or otherwise shall in no event exceed the amount of fees paid to it by the User, for the services rendered by the Company, which caused such liability on the Company.
The Company shall not be liable to the User or anyone else for any loss resulting from a cause or event over which the Company does not have control. This includes failure of electronic or mechanical equipment or communications lines (including telephone, cable and Internet), unauthorized access, acts or omissions of third parties, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, tsunami or other act of God), fire, war, insurrection, terrorist act, riot, labor dispute or other labor problems, accident, emergency, delay, overbooking, cancellation, or action of government and any other event or cause beyond the reasonable control of the Company.
Article 14 (Personal use of CARAAGY UNIVERSAL App or Website)
All intellectual property rights, including without limitation to copyright in all content available through CARAAGY UNIVERSAL & Website are owned solely by the Company and/ or by its licensors.
The User shall not reproduce or allow a third party, alter, modify, adapt, reverse engineer, sell, publish, or use by any other means any information obtained through CARAAGY UNIVERSAL App & Website for any purpose other than the permitted personal use of the User, without obtaining the written consent of the Company and the owner of the relevant intellectual property rights (“Copyright Owner”) as applicable.
The User shall not allow a third party to reproduce, alter, modify, adapt, reverse engineer, sell, publish, or use by any other means any information obtained through CARAAGY UNIVERSAL App & Website or make such information available to the public or to third parties without obtaining the written consent of the Company or the Copyright Owner as applicable.
Except where necessary, using and accessing CARAAGY UNIVERSAL APP or Website through the User’s Information Communication Terminal, or as permitted by these Terms or under applicable law, no part of CARAAGY UNIVERSAL or Website may be reproduced, stored (for any period of time) in an electronic or any other retrieval system, modified, adapted, uploaded to a third party location, framed, performed in public, or transmitted, in any form by any process whatsoever, without the Company’s specific prior written consent.
Article 15 (Prohibited matters)
The User shall not use CARAAGY UNIVERSAL App or Website for commercial activities or commercial purposes without obtaining the prior express and written consent of the Company.
The User shall not use CARAAGY UNIVERSAL App or Website in any way that is contrary to the laws, regulation or decrees of KSA or that is otherwise contrary to public order and morality, including, without limitation, applicable export and import control laws and regulations, and User shall not allow any other party to use the service or the CARAAGY UNIVERSAL App or Website for or in connection with any illegal purpose or activity.
The User shall not cause damage to any of the App & website, servers, systems, or equipment used in the provision of the service by the Company, and authorized CARAAGY UNIVERSAL WORKSHOPS or any other third party and shall not access or attempt to access any user data or to penetrate any of the security measures relating to the service.
Article 16 (E-mail, Etc.)
The User acknowledges that he or she will be responsible for any use of the e-mail functionality (such as sending and receiving e-mails) that is made available through CARAAGY UNIVERSAL App or Website or an Individual Service.
Except for mechanical processing, communication processing and other activities of lawful operation, the Company shall not view or disclose to a third party the content of e-mails (including email addresses) or related information other than in accordance with applicable laws or these Terms and shall guarantee the secrecy of the User’s communications.
Article 17 (Treatment of Personal Information)
- For the purposes of these Terms, “Personal Information” means any information about an individual which may include but is not limited to their name, age, date of birth, telephone number and e-mail address or any other description or information by which a specific individual can be identified (including information that can be collated with other information so that a specific individual can be identified) and any other information designated as Personal Information under applicable laws.
- By agreeing to these Terms and using the application, the User agrees and consents to the Company collecting, processing, and sharing the User’s Personal Information including information relating to the status of a User’s use of CARAAGY UNIVERSAL App & Website, to the Company’s affiliates, service providers or partners for the purpose of providing services to the User.
- dispatching and sending notices and other forms of communication to the User in relation to, among other things, CARAAGY UNIVERSAL Services and Value chain Products
- providing CARAAGY UNIVERSAL Individual Services and making CARAAGY UNIVERSAL App & Website available to the user.
- planning and developing products and services, or implementing surveys, for the purpose of improving the quality of CARAAGY UNIVERSAL products and services and CARAAGY UNIVERSAL App & Website user satisfaction.
- The Company shall monitor and record conversations between Users and the Company where it is necessary to do so for confirming the content of the User’s request and for improving the quality of service provided to Users and User satisfaction.
- The User agrees that the Company, or any party in possession of Personal Information under the terms hereof, may disclose the Personal Information if it judges that such disclosure is necessary to protect an important interest of the User or a third party, or if it is necessary to do so as a result of a legal obligation with which the Company must comply, irrespective of the jurisdiction in which that legal obligation arises.
- The User may request the disclosure, correction, deletion, and suspension of the use of his or her Personal Information by contacting CARAAGY UNIVERSAL WORKSHOP.
- The Company shall comply with a request issued by a User to the extent that the Company is able to do so while acting in accordance with applicable laws. The User acknowledges and agrees that the deletion of his or her Personal Information may make it necessary for the Company to terminate his or her use of CARAAGY UNIVERSAL App or Website and Services provided thereunder.
Article 18 Payment for Individual services using CARAAGY UNIVERSAL App or Website
All usage fees for Individual Services, if any, may be paid using the payment gateways within CARAAGY UNIVERSAL App & Website made available by the Company for this purpose. The User acknowledges and agrees to use the payment gateways at his/her own risk. Company shall not be held responsible or liable by the User, for any loss, damage, incurred by him/her due to the usage of such payment gateways. The payment gateways are facilitated through third party agents and the User shall lay no claims or demands against the Company, of whatsoever nature, in this regard. Disputes, if any, arising out of User’s usage of the payment gateways, shall be settled by the User with the respective third-party agent or the bank. The User agrees to not make Company a party to any dispute or claims against any third-party agent or bank.
The terms and conditions applicable to payments shall be as separately stipulated for the Individual Service opted by the User.
Article 19 (of the use of CARAAGY UNIVERSAL App or Website by the User)
If the User wishes to cancel his or her use of CARAAGY UNIVERSAL App or Website, he or she shall notify the Company by clicking the ‘Delete Account’ button in the ‘User profile’. The cancellation shall then become immediately effective.
If the User cancels his or use of CARAAGY UNIVERSAL App or Website, the Company shall not refund any amounts paid to the Company by the User for any Service and amount shall not be transferred to any other individuals or users.
Any outstanding payments due to the Company by the User shall become payable immediately on the termination or cancellation of the User’s use of CARAAGY UNIVERSAL App or Website.
Article 20 (Law and Jurisdiction)
The law applicable to CARAAGY UNIVERSAL App & Website, these Terms and to disputes arising out of the use of CARAAGY UNIVERSAL App & Website by the User shall be governed by law of KSA, and only the courts in Saudi Arabia, KSA will have jurisdiction to adjudicate any dispute.
Article 21 (General)
The Company may perform any of its obligations, and exercise any of the rights granted to it under these Terms, through a third party. The Company may assign any or all its rights and obligations under these Terms to any third party.
If any clause or part of any clause of these Terms is found to be void, unenforceable or invalid, then it will be severed from these Terms and all other Terms shall continue to remain in full force and effect,
provided that the Company at its sole discretion determines that such severance of the Terms has not altered its basic nature.
The User may not rely on the Company’s words or conduct as a waiver of any right unless the waiver is in writing. In this Article, “conduct” includes delay in the exercise of any right. For the purposes of this clause, “right” means any of the Company’s rights arising under or in connection with these Terms or otherwise and includes the right to rely on this clause.
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