These Terms are made between
“You”, “your” and “Yours”, Irrespective of capitalization, refer to the Registered Member or Buyer.
And
Duozzon Auctions Organizing registered in Dubai in the United Arab Emirates under the license Number 997621 , which operates the website duozzon.com And Duozzon.com
And any other Duozzon Auctions Organizing group company. Shall collectively be known herein as “Duozzon”
“We”, “Our”, “Ours” and “Us”, Irrespective of capitalization, refer to Duozzon.
The registered member or Buyer and Duozzon Auctions Organizing shall collectively known herein as “the parties”.
Background:
Duozzon connects those offering cars for sale (“Sellers”) and those looking to buy cars (“Buyers”). The Platform act as a meeting place only; the actual contract for sale for each car listed on the Platform is directly between the Seller and the Buyer.
This Agreement is a binding contract between you and Duozzon. Your use of the Platform in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Platform. These Terms include the provisions in this document as well as those in the Privacy Policy.
uozzon operates an electronic trading vehicle auction platform, through the duozzon.com website and the duozzon smartphone application (the “App”), collectively referred to as the “Duozzon Platform”, made available for the Registered Member to connect with Sellers for the buying of automotive vehicles (the “Vehicles”) of various types.
The Registered Member wishes to access and use the Duozzon Platform for the purpose of purchasing Vehicles pursuant to the terms of this Membership Agreement.
Terms and Conditions and Privacy Policy:
Duozzon provides its services to the Registered Member subject to the following terms and conditions and privacy policy,
(hereinafter referred to as “T&Cs”)
By using Duozzon, you agree to be bound by all terms and conditions contained in the T&Cs. If you do not agree with the terms and conditions of the T&Cs at any time, you will discontinue your use of Duozzon.
Duozzon reserves the right to update or revise the T&Cs at its discretion and without notice. You are responsible for checking the T&Cs periodically for changes. You can review the most current version of the T&Cs at any time on our website and App.
If you continue to use Duozzon following the posting of any changes to the T&Cs, you agree to be bound by these changes. In addition, when using particular Duozzon services, you and Duozzon shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the T&Cs. The material that appears on Duozzon is for informational purposes only.
Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before bidding on any vehicle on Duozzon, you should confirm any information (including the price) that is important to your purchasing decision.
Duozzon reserves the right to deny use of this website to anyone who does not comply with these requirements or who otherwise uses this website in a manner that the operators of Duozzon deem inappropriate. Duozzon reserves the right, but assumes no obligation, to delete, move, or edit any listings or postings on our website.
Duozzon is not responsible for any hidden defects nor makes any warranty, express or implied, or endorsement regarding any vehicles being posted for sale on Duozzon or as to any of the related services that are being offered through this site.
The services and content are provided by Duozzon (and its licensors and suppliers) on an “AS-IS” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free.
Before acquiring a car from any “Seller”, You are responsible for making your own determinations that the Seller Car is suitable. Duozzon is only responsible for connecting Sellers and Buyers, and can’t and won’t be responsible for making sure that any Seller Car is up to a certain standard of quality. Duozzon similarly can’t and won’t be responsible for ensuring that information (including credentials) any Buyer or Seller provides about himself or herself or about any Seller Car he or she is offering is accurate or up-to-date. You acknowledge and agree that if you are the winning buyer in an auction through the Services, your bid is binding on the Buyer and Buyer is responsible for all applicable government fees and taxes for the vehicle won through such bid. Notwithstanding the foregoing, we don’t control the actions of any Seller, and Sellers aren’t our employees.
Duozzon does not directly offer the seller cars. You hereby acknowledge that duozzon does not supervise, direct, control or monitor the seller cars and expressly disclaims any responsibility and liability for the seller cars, including but not limited to any warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code.
Membership & Registration Obligations:
If you wish to use Duozzon website and services you are required to register with Duozzon and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Duozzon User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
If you provide any information that is untrue, inaccurate, not current or incomplete, Duozzon has the rights to suspect that such information is untrue, inaccurate, not current or incomplete, or in case of fraud or approaching our Sellers, or in case of monetary or reputation loss, Duozzon has the right to suspend or terminate your account resulting in forfeiting your deposit and refuse any and all current or future use of the Service (or any portion thereof). Registered Members have access to such features as detailed information related to inventories, and can participate in purchasing vehicles. You understand that not all vehicles posted on Duozzon are for sale, as they might be subject the Seller agreeing to your price offer. You additionally understand that there are particular features and/or services provided through Duozzon that may have their own purchase policies and/or terms of services; by using these features/services you agree to be bound by their respective terms. Membership at Duozzon is only open to individuals 18 years of age and older.
Nevertheless, Duozzon reserves the right to deny membership privileges to any individual, in its sole and absolute discretion. Registered Members, normally known as, but not exclusively, dealers, must complete the registration form, and pay a refundable deposit for access to vehicles posted on Duozzon. The amount of any Deposit shall be determined by Duozzon and be reflective of the amount that the Registered Member has requested should be its offering limit for potentially bidding on cars on Duozzon Platform (and which amount has been approved by Duozzon) (the “Approved Credit Limit”).
The Deposit for each Approved Credit Limit shall be made available by Duozzon to the Registered Member in an annexure in the Duozzon Platform at all times. The Deposit in relation to each Approved Credit Limit may be amended from time to time by Duozzon in its absolute and sole discretion as it sees fit and without notice. Following any such adjustment, the Registered Member shall, where necessary, be required to increase the amount of the Deposit held by Duozzon in relation to its Duozzon Account in order to comply with the adjusted Deposit level. The Registered Member is required at all times to maintain the Deposit with Duozzon, a failure to do may mean that the Registered Member may be prevented from further use of the Services until such time as the Registered Member rectifies the deficit by increasing the amount of the Deposit to the required level, or to the suspension or termination of this Agreement and the Services.
If the Registered Member, following a successful offer for a Vehicle:
- fails to pay the “Buyer’s Fee” within 24 hours from receiving a confirmation for the successful offer.
- Cancels the purchase of the vehicle from the seller for any reason.
Duozzon has the right to suspend or terminate the Registered Member’s account (as compensation for Services rendered) resulting in forfeiting all or any amount of the deposit.
Duozzon accepts deposit payments via bank transfer, cheque (needs to be cleared) or credit card (Visa and Master Card in AED will be accepted for payment. Duozzon will not trade with or provide any services to OFAC and sanctioned countries. The cardholder must retain a copy of transaction records and Merchant policies and rules). Payment confirmation will be sent via email within 24 (twenty-four) hours.
Registered Members who wishes to close their Duozzon Account shall be entitled to a refund of the Deposit within 21 working days after membership has been cancelled and all outstanding amounts have been cleared.
Cancelation request must be submitted via email only to info@duozzon.com.
Registration Fee:
The Registered Member may be subject to a registration fee for the use of the Services (the “Registration Fee”) from time to time. The amount of any Registration Fee shall be notified to the Registered Member from time to time by Duozzon through an annexure in the Duozzon Platform in its absolute and sole discretion and as it sees fit.
Fees and Payments:
As a registered member, you will have the access to view vehicles on Duozzon website and Apps, whereby not every vehicle has been confirmed for sale yet. As a registered and activated member you can decide how much you are willing to offer for that vehicle. If your price bid has been accepted by the seller you shall pay us a fee (a “Buyer’s Fee”) for the services of AED 2,100 excluding the transfer fees and vehicle delivery and VAT. All Buyer’s Fees are non-refundable.
Buyer’s Fee must be paid within 24 hours from receiving a confirmation for the successful offer.
Duozzon accepts payment via bank transfer or credit card (Visa and Master Card in AED will be accepted for payment.)
Buying Policies:
Duozzon is conducting auctions with registered members. If member bids on a vehicle, that member is obligated to complete the transaction, if the seller agrees to the offer. Once a price bid has been submitted, it cannot be retracted, deleted, or cancelled. Duozzon is in no way responsible if a member’s registration information, including User ID and password is either lost, misplaced or stolen. Duozzon is not responsible for any cancelled bids. Duozzon still reserves the right to reject or void bids for any reason, at its sole and absolute discretion. Should a dispute arise regarding a bid, Duozzon is the exclusive deciding authority with sole and absolute discretion in resolving disputes. Registered Members agree to indemnify, defend, and hold Duozzon harmless from any and all liability arising out of decisions made in resolving disputes. Duozzon will neither have liability nor obligation to members as a result of any vehicle withdrawal, or sale cancellation or postponement. If a member's bid has been accepted. The Registered Member is obligated to purchase the vehicle, and will be notified as such by Duozzon. Any bid is valid for 48 hours and needs to be fulfilled by the Buyer. Duozzon shall not be responsible for any damage that is brought to the attention of Duozzon management after the vehicle is delivered. The registered member will have been deemed to accept the vehicle in its present condition once the online purchase transaction is completed and the vehicle is ready for delivery.
Vehicle Purchase:
The Registered Member upon a successful offer for a vehicle on the Duozzon platform shall sign a Vehicle Purchase and Auction Services Agreement with Duozzon, in its capacity of a Disclosed Agent of the Duozzon Seller, who is the owner of the Vehicle and shall pay Vehicle Purchase Price to Duozzon in terms and within 24 hours from receiving a confirmation for the successful offer.
Sale and Delivery
Delivery of the Vehicle shall be deemed to take place within 21 days of the Vehicle Purchase Price Receipt Date, or if such day is a business day in which private sector businesses in the UAE are closed, the next business day in which private sector businesses in the UAE are open. Between the Vehicle Purchase Price Receipt Date and the date of Delivery, where the Vehicle has an outstanding lien or charge attached to it, Duozzon shall attempt to release of discharge such outstanding lien or charge. Any Delivery shall be delayed until such lien or charge has been removed.
Warranty Disclaimer:
Duozzon and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Duozzon and all such parties together, the “Duozzon parties”) make no representations or warranties concerning the services, including without limitation regarding any content contained in or accessed through the services, and the Duozzon parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the services. The Duozzon parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the services including, without limitation, any seller cars. seller cars and services purchased or offered (whether or not following such recommendations and suggestions) through the services are provided “AS-IS” and without any warranty of any kind from the Duozzon parties or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). the services and content are provided by Duozzon (and its licensors and suppliers) on an “AS-IS” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free.
Duozzon (I) does makes no representations or warranties or assume responsibility for any car advertised or offered by a seller through the service (or any hyperlinked website or service) and (II) will not be a party to or in any way monitor any transaction between you and a seller or other third-party provider.
Limitation of Liability:
Duozzon shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, use, data, goodwill or other intangible losses (even if Duozzon has been made aware of the possibility of such damages), resulting from:
The use or inability to use the Services or the Duozzon Platform by the Registered Member.
The cost of acquisition of substitute services and goods (including Vehicles) resulting from any data, goods, services or information purchased or obtained, or transactions entered, or messages received, into, through or from the Services or the Duozzon Platform.
Unauthorised access to or alteration of the Registered Member’s transmissions or data.
Conduct of any third party in relation to the Services or the Duozzon Platform, and any other matter correlating to the Services or the Duozzon Platform.
The total liability of Duozzon or its parent, subsidiaries, group companies, agents, affiliates, contractors and licensors in relation to: (I) the use of the Services; (II) the Duozzon Platform; and (III) under the terms of this Agreement, shall not exceed the amount you paid if any to Duozzon for use of the services.
The Registered Member shall be responsible and liable for any claims against Duozzon from Duozzon Sellers relating to, or arising (directly or indirectly) from the negligence or wilful misconduct of the Registered Member.
The Registered Member shall indemnify and keep indemnified Duozzon against all costs, claims and losses to which Duozzon may become subject to in respect of all matters for which the Registered Member is responsible or liable under this Agreement or in relation to the Services or the Duozzon Platform.
No Resale of Service:
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. Additionally, you agree not to engage in any type of data scraping, copying including mass copying, or spidering with regards to this site.
Severability:
In the event that one or more of the provisions of this Agreement are found to be unlawful or otherwise unenforceable, those provisions shall be deemed severed from the remainder of this Agreement.
No Partnership:
Nothing contained or implied in this Agreement shall constitute or be deemed to constitute a partnership between the parties and neither party shall have any authority to bind or commit the other party in any way, except as expressly set forth herein.
No Waiver:
No waiver by Duozzon of any breach by the Registered Member of this Agreement shall be considered as a waiver of any subsequent breach. A waiver of any term of this Agreement shall be effective only if given in writing and signed by Duozzon.
No failure or delay on the part of either party in exercising any right under this Agreement shall operate as a waiver of such right.
Entire Agreement:
This Agreement constitutes the entire Agreement between the parties and supersedes, cancels and replaces any and all prior Agreements, understanding or arrangements of any nature whatsoever between the parties, whether written, oral or implied relating to the subject matter hereof and thereof.
Language:
This Agreement shall be executed in English only. If there is a conflict between the original English language and any translation of this Agreement, the original English shall prevail.
Privacy Policy:
At Duozzon, protecting your personal information and privacy is our utmost priority.
Please read this Privacy Policy to learn how we treat your personal information:
- What information we collect;
- How we collect it;
- How we store it;
- How we protect it;
- What our responsibilities are;
- What your responsibilities are.
By using or accessing our Services at any point and in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use and share your information as described in this Privacy Policy.
This Privacy Policy is an integral part of our Terms and Conditions of Use, which govern your use of the Platform at all times.
This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Services. “Personal Data” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules or regulations.
WHAT DATA WE COLLECT
This Privacy Policy only covers your personal data provided to Duozzon for the purpose of using the Platform.
What personal data we collect:
Personal Data required for Registration: full name, email address, mobile number, physical address, in addition to other information relating to your commercial activities and needs. Users choose their own usernames and passwords.
Personal Data Required for Payments Processing: credit/debit card details, type of card, expiration date, full name on the card.
HOW WE COLLECT DATA
We collect Personal Data about you from the following categories of sources: a) When you provide such information directly to us; b) When Personal Data about you is automatically collected in connection with your use of our Platform; c) Third parties that provide us with Personal Data about you, such as service providers and vendors, customer support and payment processing.
COOKIES
The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser and tell us how and when you visit and use our Services, to analyse trends, learn about our user base and operate and improve our Services. Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s). Please note that because of our use of Cookies, the Services do not support “Do Not Track” requests sent from a browser at this time.
HOW WE USE YOUR DATA
Your data is used to facilitate our operations, to enable improvement and availability of service, and for the purpose of personalization of services, to serve you better.
- To provide you with the service you have registered for;
- To communicate with you about our platform services, updates, promotions, product development and improvement, and other importation information concerning your use of the platform and your data;
- To provide customer support;
- To enable registrations and management of accounts
- To personalize website content and communications based on your preferences.
- To process transactions.
- To protect against or deter fraudulent, illegal or harmful actions and maintain the safety, security and integrity of our Services.
- To comply with our legal or contractual obligations, resolve disputes, and enforce our Terms of Use.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated, or incompatible purposes without providing you notice.
We may share information with selected vendors and business partners with whom we work. We may provide aggregate statistics about our customers, sales, traffic patterns and related site information to reputable third-party vendors.
We may disclose Personal Information we collect from you if required to do so by law or in the good-faith belief that disclosure is necessary: to obey the law or comply with legal process served on us or our affiliates; to protect and defend our rights or property or the rights or property of other users of our platform; to act in an emergency to protect the personal safety of users of our platform or the public.
All credit/debit cards’ details and the personally identifiable information you have submitted for the purpose of payment to our payment provider directly will not be stored, sold, shared, rented or leased to any third parties. We will not pass any debit/credit card details to third parties. We take appropriate steps to ensure data privacy and security including through various hardware and software methodologies. However, we cannot guarantee the security of any information that is disclosed online. We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you with our Services. In some cases, we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.
DATA SECURITY AND PROTECTION
We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data.
The platform uses industry standard Secure Sockets Layer (SSL) technology to allow for the encryption of Personal Data you provide to us.
You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account.
We cannot guarantee the complete security of any data you share with us, and except as expressly required by law, we are not responsible for the theft, destruction, loss or inadvertent disclosure of your information or content.
CHANGES TO THIS PRIVACY POLICY
We reserve the right to make changes to this Privacy Policy for the purposes of improving and expanding the services provided by the Platform, and to comply with new local, regional or global relevant legislation and guidelines, governing the collection, use, storage and protection of your data.
In the case of changes to this Privacy Policy you will be notified accordingly and in time through the Platform, and by email.