Terms & Conditions
IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE, MOBILE APPLICATIONS, AND/OR ANY OTHER PART AND/OR EXTENSION OF THE PLATFORM, OWNED BY KAVAK.
The present document contains the general terms and conditions applicable to the access and/or use of the Services offered by DARIS INTERNATIONAL LLC DUBAI BRANCH (hereinafter KAVAK), through the website www.kavak.com (hereinafter the "Website"); and/or in the applications for mobile devices owned by KAVAK (hereinafter the "Mobile Application" or the "Mobile Applications"); and/or any other part and/or extension of the Platform; and/or personally and in person at any of its Authorized Centers and/or Exhibition Centers or Showrooms.
Any person who wishes to access or who accesses, through any means authorized by KAVAK, the services in general offered by KAVAK, described in these Terms and Conditions (the "Services"), or who wishes to access and/or make use of the Website; and/or access and/or use the Mobile Applications; and/or access and/or use any other means authorized for such purposes by KAVAK (collectively referred to, for the purposes of these Terms and Conditions, as the "KAVAK Platform" or the "Platform"), shall be subject to the Terms and Conditions together with all other policies and principles governing KAVAK which are incorporated herein by reference.
In the event that a user does not wish to be bound by these Terms and Conditions, he/she must refrain from accessing and/or using the KAVAK Platform, as well as from accessing or attempting to access, through the Platform and/or any means authorized by KAVAK, the Services offered by KAVAK.
GENERAL TERMS AND CONDITIONS OF ACCESS AND/OR USE OF THE SERVICES OFFERED BY KAVAK TO ITS CUSTOMERS, THROUGH THE KAVAK PLATFORM, AND/OR IN PERSON AT ITS AUTHORIZED CENTERS.
The general Terms and Conditions of access and/or use of the Services offered by KAVAK to its Customers, through the Website, and/or the Mobile Applications, and/or any other part and/or extension of the Platform; and/or personally and in person at any of its Authorized Centers and/or Exhibition Centers or Showrooms, published on the Platform; (hereinafter, the "Terms and Conditions"), are binding between You (the "Lessee", the "Licensor", the "Customer", the "User", and/or the "Vendor") and KAVAK (collectively, referred to as the "Parties"), therefore, they constitute a complete agreement between the Parties for the use of the Website, and/or the Mobile Applications, and/or any other extension of the KAVAK Platform, including the provision of the services that KAVAK makes available through the KAVAK Platform and/or in any other manner in which KAVAK authorizes or makes them available.
For the purposes of clarity, the words or terms set out below shall have the meanings ascribed to them and shall apply to: i) these Terms and Conditions, ii) the Agreement entered into, subsequent to the acceptance of the Terms and Conditions, between the User and KAVAK in respect of the Services; and iii) any other agreement, annex, addendum, covenant, contract and/or document ancillary to the Agreement, entered into between the User and KAVAK.
"Debt": Refers to the expenses and/or pending payments, which fall on the Vehicle, as a result of being or having been registered before any competent public institution, and/or as a consequence of any outstanding traffic fines. A Debt may be, but not limited to: payment of a fine, traffic infraction, payment of vehicle ownership, payment of vehicle verification, among others.
"Paying Agent": Any third party used by KAVAK, to collect payments from the Customer in connection with the Services that the latter requires to contract with KAVAK.
"Mobile Application": means the application or applications for mobile devices, owned by KAVAK, through which the User accesses the KAVAK Services.
"Reserve" or "Reserved": The act of reserving the Vehicle with the intention of making the Purchase of the same, through the payment of a security deposit; the Reservation may be made by any User or Customer, through the KAVAK Platform or in any of its Authorized Centers and/or Exhibition Centers or Showrooms. To Reserve a car the Customer must pay the Reservation Fee.
"Mechanical, Electrical and/or Electronic Breakdown": Mechanical, electrical and/or electronic breakdown means the total or partial breakdown, due to breakage or unforeseen or fortuitous degradation of the Warranted Part(s) in these Terms and Conditions, literally, previously certified by KAVAK, which has guaranteed their perfect condition. In no case, the decrease in performance or breakage of any component of the KAVAK Auto caused by natural wear and tear due to time of use and/or mileage, as appropriate, will be considered breakdown in any form: mechanical, electrical and/or electronic.
"KAVAK Service Card": A booklet given with the Vehicle containing the record of periodic maintenance services to which the purchaser is obliged to perform under the Extended Warranty Service.
"Authorized Center": The place(s) authorized by KAVAK, as mentioned and detailed in the Platform, where the Vehicles are repaired, serviced mechanically and cosmetically and stored; it also includes the Exhibition Centers or Showrooms.
"Exhibition Center" or "Showroom": The place(s) authorized by KAVAK and detailed in the Platform, where the Vehicles are exhibited, and the Services are carried out personally and in person by KAVAK personnel.
"QR Code": The quick response code corresponding to each Vehicle, displayed in the Technical Data Sheet; each QR contains coded information and it is represented by a matrix of dots or a two-dimensional bar code, which when read by means of a smartphone or a device that has a QR code reading tool, allows the Customer or the User to verify the information related to the Vehicle, including the Sale Price or Total Price of the Vehicle as well as the mileage of the Vehicle.
"Purchase": The acquisition of ownership of a Vehicle, either by KAVAK; by a Customer; or by a Third Party.
"Buyer": Means any person who reserves a Vehicle or expresses the intention to purchase the Vehicle to KAVAK through the Platform, any Exhibition Center or Showroom or any other means authorized by KAVAK.
"Contract": Means the Contract which, subsequent to the acceptance of the Terms and Conditions, has been entered into between the Customer and KAVAK, which may be, depending on the nature of the negotiation, but not limited to, a same-day used vehicle purchase and sale contract, a used vehicle part-exchange purchase and sale contract, installment (with interest) and with reservation of title purchase and sale contract, a used vehicle lease contract or a Kavak Total maintenance services contract; likewise, any agreement, annex, addendum, agreement, contract and/or document that forms an integral part of the Contract, and that is so specified in its content, is included as part of the Contract.
"Parent or subsidiary": Any legal entity (other than the Lessor) that directly controls or has the power to determine the decisions of the Lessor, as well as those legal entities controlled by the same person or group of persons that are majority shareholders of the Lessor or together hold the majority of the Lessor's shares.
"Cleaning Fee": The fee that shall be applied to Renter, in the event that he/she returns the Vehicle with objects inside it, stains on upholstery, carpets, ceiling, windows and/or seats.
"Client": A person who wishes to acquire rights and obligations with KAVAK, who may be in his capacity as Lessee, Buyer (including through part exchange), and/or Seller, in connection with the Services offered by KAVAK.
"Telematics Data": Means data obtained through GPS Systems that may refer to location, speed, idle times, acceleration or hard braking, fuel consumption, failures in the Vehicle and any other derived from the condition, use, and operation of the Vehicle.
"Pre-existing Defect": Any damage and/or functional, mechanical and/or cosmetic defect that the Vehicle presents, not attributable to KAVAK and that is determined in the Inspection and/or Post-Inspection.
"Vehicle Documentation": Means the set of documents that identify the Vehicle and that at the same time, justify that its provenance and registration are legal. The Vehicle Documentation includes, but is not limited to, the Vehicle Invoice, the Vehicle Tenure Payments, the Vehicle Registration Card, proof of vehicle verification, stickers, proof of payment of fines and/or surcharges, proof of registration in the Roads and Transport Authority, accreditation of characteristics and identifications, among others.
"Delivery/Deliver": Means the act of delivering the Vehicle, either by KAVAK to the Customer or by the Customer to KAVAK, depending on the type of transaction. In the case of home delivery, the same shall be subject to the Coverage Area and other related provisions set forth in the Terms and Conditions.
Delivery in cases of installment sales (with interest) and reservation of title must be made at one of KAVAK's branches, and may not be delivered to the Customer's home.
"Diagnostic Stage": Means the period of time necessary for KAVAK technical personnel to perform an inspection and diagnosis test of a Vehicle.
"Offer Phase": Means the moment when the User/Seller/Exchanger submits the Vehicle information to KAVAK through the Platform, with the intention of obtaining any possible offers related to the Vehicle from KAVAK.
"TDS Technical Data Sheet": The information sheet displayed on the Vehicle, detailing various characteristics of the Vehicle, including, but not limited to: the make, model, style, year, mileage, engine, horsepower, traction, transmission, VIN or serial number, license plate number, Stock ID or Stock number, Sale Price or Total Price of the Vehicle and the corresponding QR Code.
"Satisfaction Guarantee": Means the return guarantee, included with the purchase of any Vehicle which has been purchased from KAVAK, whereby the Purchaser shall be entitled to a Return Period of 7 (seven) days or 300 km (three hundred kilometers), whichever occurs first.
"3 (three) month warranty" or "Limited Warranty": This is the limited warranty included with the purchase of any Vehicle that has been purchased from KAVAK. Its coverage includes, as mentioned in our warranty contract, which includes hereinafter but not limited to the following: mechanical, electrical and/or electronic breakdown. This warranty is subject to a period of: (i) 3 (three) months from the date of delivery of the Vehicle; and/or (ii) a maximum of 5,000 km (five thousand kilometers), whichever comes first.
"Additional Expenses": Are the extra expenses resulting as a consequence of any Repair due to Pre-existing Defect and/or Payment of Lien and/or Debt, which may be quoted during the Inspection and/or Post-Inspection of the Vehicle.
"Inherent expenses and taxes": Expenses and taxes inherent to the Lease of the Vehicle shall be understood as those expenses in which the Renter may incur due to carelessness or non-compliance with the obligations acquired, such as fines for speeding, invading reserved areas, parking in prohibited places, using the Vehicle on days excluded in the program, and expenses caused by having the Vehicle towed, among others.
"Lien": Means any mortgage, guaranty trust, pledge, surety bond, limitation of ownership, including any action or proceeding for extinguishment of ownership as provided in the Extinguishment of Ownership Law, attachment, levy, lien, bond, easement, usufruct (established by operation of law or otherwise), attachment or sequestration order, or other similar order, preemptive rights, ROFR rights, options) or any other encumbrance of any nature, whether unilateral, bilateral or by law.
"GPS and Monitoring Systems": Means the device that will be installed in the Vehicle to collect telematics data, such as but not limited to: distance traveled in kilometers or miles, fuel used, and errors reported by the Vehicle's computer. The device provides the Customer with useful information about the Vehicle and its use.
"Inspection": Means the investigation, inspection, and review of the Vehicle by KAVAK personnel, which shall include not only the review of the overall condition of the Vehicle but also the verification of its mechanical condition; the investigation of the Vehicle before the competent authorities; the verification of the status of all paperwork, permits, licenses and/or any other authorization required by the Vehicle for its circulation and finally, a test drive.
"Kavak Capital". Means the internal area of KAVAK that reviews, manages and authorizes the Installment Sale with interest and reservation of title of Used Vehicles.
"Kavak Total": Means the optional service that the Customer may opt for before the expiration of the 3 (three) month Warranty. The Maintenance Service offered by Kavak Total is subject to (i) a period of up to 12 (twelve) months and/or (ii) a maximum of up to 20,000 km (twenty thousand kilometers), whichever comes first.
"Maintenance Services Manual": The internal KAVAK manual in which the coverage of the maintenance services performed by KAVAK is detailed, with specifications of all mechanical, electrical and accessory parts of a car sold by KAVAK. This only applies to vehicles with Maintenance Services additionally contracted by the Client and which are valid.
"Owner's Manual": The manual that forms part of the documentation of the Vehicle itself, if available.
"Profit Margin" Means the fixed margin in United Arab Emirates Dirhams (AED), to be charged by KAVAK and reported in writing to the Seller, for its Service when selling the Vehicle.
"Maximum Amount Covered by the Limited Warranty Service": Means the maximum amount of AED 4,677 (four thousand, six hundred and seventy-seven dirhams) per event in question, without ever exceeding the amount of AED 9,354 (nine thousand, three hundred and fifty-four dirhams).
"Maximum Amount Covered by the Total Kavak Service": Means the amount of AED 18,713 (eighteen thousand, seven hundred and thirteen dirhams) for the total number of events occurring in the 12-month period.
"VIN": Vehicle Identification Number, which is the number that identifies and makes each Automobile or Vehicle unique.
"Pre-Inspection Offer": Based on the Initial Offer price issued by KAVAK.
"Post-inspection offer": The offer given to the Customer after the inspection of his/her Vehicle for purchase, sale, part-exchange etc. has been performed.
"Grantor": The banking and/or financial institution and/or Kavak Capital, which may grant the Installment Sale with interest of Used Vehicles to KAVAK Customers.
"Payment of Lien and/or Debt": The Additional Expense necessary to make the payment and/or process required to release the Vehicle from any lien and/or debt of any nature that may apply to it.
"Parties": The joint reference to KAVAK and the User/Customer/Buyer/Seller/Lessee/Purchaser.
"Return Period": The maximum time of 7 (seven) calendar days, counted from the Delivery of the Vehicle by KAVAK, in which the Customer may return the Vehicle or the maximum of 300 km (three hundred kilometers) traveled, counted from the time KAVAK delivers the Vehicle to the Customer, whichever occurs first. It only applies to the Satisfaction Guarantee.
No refund and No return policy for vehicles sold with mileage 0 KM
Buyer recognizes and agrees that the sales of vehicles with mileage 0 KM are final, and Buyer is not entitled to any refund/return under any circumstances. Furthermore, Buyer acknowledges that he/she is not allowed to rescind the Sale Agreement signed with Kavak.
Kavak reserves the right, in its sole discretion and at any time, to make changes to these conditions.
"Trade In: KAVAK may accept a Vehicle if the User of that vehicle wishes to purchase another Vehicle from KAVAK, and the Parties shall be obliged to pay the difference, as appropriate.
"Dirhams", or "AED": Refers to United Arab Emirates Dirhams, lawful currency in the United Arab Emirates (UAE).
"Warranted Parts" (Coverage): Includes damages or main failures of the engine, transmission, brake system and air conditioning, as well as failures that prevent the correct use of the vehicle; provided these have not been caused by the Client, such as:
A) Powertrain. - Includes in a limited way:
Engine: Monoblock, cylinder liners, connecting rods, pistons, rings, bolts, bolt locks, crankshaft, engine bearings, damper pulley, head(s), valves, valve guides, springs, tappets, pushrods, camshaft(s), timing servo motors (timing chain cars only), oil pump, throttle body/throttle, fuel pressure regulator, fuel float, fuel pump (high, low pressure), idle speed control valve, MAF sensor, MAP sensor, injectors, ignition coils, radiator, coolant level sensor, radiator heater sensor, oil cooler, water pump, thermostat, water intake valve , blower(s), fan clutch, heater radiator, PCM/ECM (only in case of sporadic malfunction, subject to diagnosis), turbocharger, turbo compressor, intercooler, turbo wastegate actuator.
Transmission: hydrostatic torque converter, valve body, TCM, oil pump, transmission oil cooler, selectors/bearings, drive shafts, gears, sprockets, selector forks, primary component/fixed gear, bearings/bearings, synchronizers, odometer.
Shafts: axle shafts and CV joints, seals and gaskets, cardan shafts, cardan bearings.
Differential: ring gear, drive pinion, planetary, satellites, rear differential output side shafts, reduction gear.
B) Chassis. - Includes on a limited basis:
Steering: steering box (including internal components), hydraulic pump (including steering fluid reservoir), steering column, tie rods.
Suspension: stabilizer bar, springs.
Brakes: ABS module, pressure accumulator, brake pump, electric vacuum pump, brake regulator, brake servo, calipers, brake fluid reservoir, master cylinder, wheel cylinder.
C) Air Conditioning. - Includes on a limited basis:
Air conditioning control module, air compressor, condenser, evaporator, rear defroster, heated/cooled seats, heated steering wheel, motor heater, dehydrator, expansion valve.
D) Electrical System. - Includes on a limited basis:
Windshield lift motor(s), headlight wiper, front and rear windshield wiper motor, lock actuators, voltage regulator, alternator, gear, ignition switch (push button type, key type), sunroof, sun blinds, start/stop system, horn, 12V plugs.
"Post-Inspection": Means the second part of the review of the Vehicle, after the Inspection, with the purpose of identifying possible Pre-existing Defects, and/or Liens and/or Debts, that may be applicable to the Vehicle.
"Platform" or "KAVAK Platform": The name, collectively, for the Website and the Mobile Application or Mobile Applications, as well as any other related sites or applications, which are operated and administered by KAVAK; the Platform is the electronic means through which KAVAK offers its Services to Clients and/or Users, and in turn allows, through it, the latter to access, use or consent to the Services offered by KAVAK.
"Price": Means the joint designation for the Base Price, the Determined Price, the Sale Price or the Total Price of the Vehicle.
"Base Price": Price defined on the day of the inspection, which may be modified in accordance with the Parties.
"Determined Price": The price that is modified in accordance with the adjustments made to the Base Price.
"Initial Offer Price": This is the price determined in the first instance by the KAVAK Application, which gives a reference price or may also be sent to the User, which is valid for 7 (seven) days from the time the Customer and/or User receives the message.
"Selling Price" or "Total Vehicle Price": Means the price at which the Vehicle will be offered through KAVAK's Service and/or system. The price consists of the Determined Price plus KAVAK's Profit Margin.
"Promotion Price": The final price that includes the discount corresponding to a certain promotion, in accordance with the terms and conditions that regulate the same, the amount indicated on the Website for each Vehicle that is part of the promotion will always prevail.
"Advertising": Any form of communication made by KAVAK, as a referral mechanism and not as a public offering, for the purpose of providing information about its products and/or its business activities; as well as for the purpose of communicating its own advertising or marketing strategies or campaigns.
"Supplier": Any individual or legal entity that provides services to KAVAK.
"Removal/Removed/Remove": Means the process undertaken by KAVAK to obtain possession of the Vehicle in order to i) obtain ownership of the Vehicle, and/or ii) to store the Vehicle for any other reason.
"Reservation": The act of putting the Vehicle on hold with the intention of making the Purchase of the same through the payment of a security deposit; the Reservation may be made by any User or Customer, through the KAVAK Platform or in any of the Exhibition Centers or Showroom. The Reservation includes the payment of the Reservation Fee.
"Contingent Repair": Shall mean any repair not listed in the "Owner's Manual" or in the Kavak Total Maintenance Service Manual or in the Vehicle's service booklet, as well as any damage or impairment to the Vehicle caused by the Renter that the Lessor is required to perform.
"Breakdown Repair": Means those activities necessary for the repair of the mechanical, electrical and/or electronic breakdown in question, including the period required for the Diagnostic Stage and the repair time which is subject to the availability of parts and components in the market.
"Minor Repairs": Means all those minor repairs that will be covered within the warranties or coverages as determined by KAVAK on a case-by-case basis.
"Repair of Pre-existing Defects": Refers to the repairs and/or work necessary to repair and/or fix any Pre-existing Defects.
"Inspection Report": The report detailing all the results obtained with respect to the vehicle during the inspection.
"Post-Inspection Report": The report detailing all the results obtained with respect to the vehicle during the Post-Inspection.
"Website": the www.kavak.com website owned by KAVAK.
"Insurance": The insurance of the vehicle contracted by the Client, through KAVAK or on its own account or on behalf of KAVAK. Where applicable, the Client expressly authorizes KAVAK to receive payments on behalf of the insurer and to be charged accordingly.
"Services": Means all the services offered by KAVAK, mentioned but not limited to the Purchase, Sale, Lease and/or Sale with interest with reservation of title of used Vehicles, which KAVAK offers to its Clients through the KAVAK Platform; which can also be accessed personally and in person, in any of the Authorized Centers and/or Exhibition Centers or Showrooms published and authorized by KAVAK in the Platform.
"KAVAK Preventive and Corrective Maintenance Service": These are all service actions recommended and performed by KAVAK to ensure the correct maintenance of the Vehicle for Customers who have the Total Kavak Service or at the request of the Customer/ owner of a KAVAK Vehicle. In the case of Total Kavak Service, these service actions must be performed during the period of coverage duly documented in the KAVAK Service Card.
The Maintenance Service may be requested by the Client at a later date upon payment to KAVAK, which may be requested either on our mobile application or by any other means of contact.
"Stock ID" or "Stock #" or "Stock Number": The inventory number that identifies each Vehicle owned by KAVAK.
"Reservation Fee": It is the security deposit made prior to the purchase of a Vehicle and for the concept of Put-on Hold or Reservation of the Vehicle, which amounts to AED 1000 (one thousand dirhams).
"Terms and Conditions": Means the present document, which sets forth the general terms and conditions of access and/or use of the Services and/or products offered by KAVAK to its Customers through the Website and/or the Mobile Applications and/or any other extension of its Platform and/or personally and in person at any of its Authorized Centers and/or at any of its Exhibition Centers or Showrooms and/or at the home of its Customers.
"User": A person who wishes to acquire rights and obligations with KAVAK, which may be as a Lessee, Part exchanger, Buyer, and/or Seller, in connection with the Services offered by KAVAK.
"Vehicle/Car/Auto/Automobile": The used automotive Vehicle, of national or foreign origin, destined for the land transportation of persons and/or goods, that KAVAK offers to the User so that the User acquires the ownership of the same or leases it, in accordance with what is established in the corresponding Contract; or that the User, being the owner of the Vehicle, offers to KAVAK to purchase it.
"Sale": The action of selling a Vehicle and thereby transferring ownership of the Vehicle to the purchaser; whether the Purchase is made by a Customer or User or KAVAK or an interested third party.
Installment Sale with Interest": Means the Installment Sale and Purchase Agreement with interest and reservation of title for the purchase of a used Vehicle.
"Coverage Area" or "KAVAK Coverage Area": Refers to the specific area in which KAVAK provides its Home Delivery Service, which encompasses a limited area around KAVAK premises, except for those areas or neighborhoods where for security reasons for both Parties, KAVAK reserves the right to provide Home Delivery Service, and which KAVAK will communicate to the Client or User.
I. The User Declares:
a. That he/she is over 21 (twenty-one) years of age, and that he/she has the full legal capacity to: i) accept and bind him/herself, in accordance with these Terms and Conditions; ii) make use of the Platform; and iii) have sufficient and legitimate economic means to meet the obligations assumed;
b. That at the time of creating his/her User profile and/or make use of the Website, and/or Mobile Applications, and/or any other extension of the KAVAK Platform, and/or require KAVAK Services through the KAVAK Platform or any other means, formally and expressly states, accepts and acknowledges the Terms and Conditions;
c. That he/she declares under oath that all information provided to KAVAK through the KAVAK Platform is true, verifiable and is his/her property or has sufficient power to grant the same, accepting liability to KAVAK for any damages that such information may cause to KAVAK or its customers, and releasing KAVAK from any liability that arises or may arise therefrom;
d. That he/she agrees and authorizes the verification of the information provided to KAVAK through the KAVAK Platform, whether the verification is performed by KAVAK or by any third party that KAVAK may designate for such purposes;
e. That he/she declares, under oath, that KAVAK has made its Privacy Notice available to him/her through its Web Site or in printed format, and that he/she agrees to the treatment thereof.
f. That, in case of representing a legal entity, he/she declares that he/she has the necessary legal power to act on behalf of the aforesaid entity in accordance with these Terms and Conditions and/or the Services he/she requests in the name of and on its behalf; and
g. That he/she is interested in contracting KAVAK's Services, which are detailed in this document, in the Definitions section.
II. KAVAK states:
a. That it has sufficient legal and economic capacity to provide the services it offers to its clients;
b. That it owns the Website, the Mobile Applications and any extension or part of the KAVAK Platform; and
c. That it may verify at any time, by itself or by third parties, the information provided by the User, and in the event that the information provided by the User is false or inaccurate, it may deny access to the KAVAK Platform and delete the User's account, at its sole discretion, deleting any content related to the User.
d. That it has made the Global Privacy Notice available to Users or Customers through its Web Site or in printed format.
- OBJECT OF THE TERMS AND CONDITIONS
KAVAK is a company that provides Services and facilitates to its Clients or Users, mainly, the Purchase, Sale, Lease and Installment Sale with interest with reservation of title of used Vehicles, electronically, through the KAVAK Platform; and/or personally and in person in any of its Authorized Centers, and/or in any of its Exhibition Centers or Showrooms.
The purpose of these Terms and Conditions is to establish the basis on which KAVAK provides Services to its Clients, digitally or electronically, through its Platform; or in person, in the Exhibition Centers or Showrooms; as well as to delimit the conditions under which the Client or User may make use of the Website, and/or the Mobile Applications, and/or any other extension of the KAVAK Platform, in accordance with what is expressly established in these Terms and Conditions and in the Contract.
- OF THE KAVAK PLATFORM
The KAVAK Platform is the electronic means of commerce, through which KAVAK offers a range of Services to its Customers and/or Users, mainly those related to the Purchase, Sale, Lease and Sale on installments with interest and reservation of title of pre-owned or used Vehicles.
In turn, the Platform allows, through it, Clients or Users to access; and/or make use of the Services; and/or express their desire to access these, and also use technological tools that allow online and virtual communication between KAVAK and Clients, mentioning, but not limited to: conversations or chats, and ®, or through other applications, systems and/or messaging platforms and video calls, owned by third parties such as Facebook®, Google®, among others.
3.1. Property of the Platform.
The Website, the Mobile Applications, and any other extension of the KAVAK Platform, as well as any domain or subdomain to which the User has access to and which is part of KAVAK, including without limitation all content, text, video, audio, data and other digital information, are the property of KAVAK, its affiliates and/or subsidiaries, and/or its customers or content providers, and are protected by the Federal Decree-Law No. 38 of 2021 on copyrights and neighboring rights, Federal Law No. 11 of 2021 concerning the regulation and protection of Industrial Property Rights , as well as any other applicable Intellectual Property Law.
KAVAK is responsible for the information and content of the Platform, and in turn, for its operation and maintenance. KAVAK has created its Platform for the operation and development of the commercial activities of KAVAK through technology; to inform the User about the details of any type of commercial or promotional activity of KAVAK services; finally, to provide the Services offered by KAVAK and allow User interaction.
KAVAK provides to Users the Services described in the definitions, which may include certain warranties and restrictions that are contained in these Terms and Conditions, as well as in the Contract and/or the Documents; consequently, KAVAK's liability is limited to the afore mentioned information. In this regard, KAVAK provides its Services through the Platform. For clarity purposes, the User is solely responsible for the information and offer of sale of his/her vehicle through the KAVAK Platform, as well as the general conditions expressed at the time of making use of the Website, Mobile Applications, and any other extension of the KAVAK Platform.
KAVAK will allow the User to enter the Platform, and make use of the same, in accordance with the provisions of these Terms and Conditions. The Services are only available to Users within the United Arab Emirates. Therefore, the User will use the Website, Mobile Applications, and any other extension of the Platform, only for information and to request KAVAK Services. Therefore, the User understands that the Platform may not be used for any purpose other than those mentioned and detailed in these Terms and Conditions.
The User expressly agrees that the use of the KAVAK Platform shall be at the User's own risk and expense, and that the nature of these Terms and Conditions shall be solely and exclusively of a civil nature. Notwithstanding the foregoing, the quotations made through the Platform, with respect to any Vehicle, are for information purposes for the User and do not constitute an agreement between the Parties regarding the Sale Price of the Vehicle, or the Total Price of the Vehicle.
The Prices displayed by KAVAK for each Vehicle, either through the Platform, or in the Technical Data Sheet corresponding to each Vehicle, may be separated by periods, commas, or without separation by signs; likewise, the display of the Prices through the KAVAK Platform, and/or the QR Code corresponding to each Vehicle, depends on the configuration of each equipment or device from which the information is accessed; the Prices may undergo variations, as a result of changes in market conditions or the economy, without prejudice to KAVAK. To this effect, such Price will be confirmed by KAVAK upon completion of the necessary inspections in the case of a Sale of a Vehicle or after a Reservation has been made in the case of a Purchase. Such Price will be stipulated in the corresponding Contract. In such virtue, the quotations sent through the KAVAK Platform, or any of its extensions, for the Purchase, the Sale or any other Service offered by KAVAK, may undergo modifications depending on economic variables in the market or the state of the Vehicle or the Prices established by KAVAK. In any case, the Parties must formalize their relationship for the Purchase, Sale, Lease, Installment Sale with interest and reservation of title of a Vehicle, or the acquisition of any other Service, through the execution of a Contract.
3.2. Platform Content
All content that is published, displayed and/or integrated into the KAVAK Platform visible or not, stating but not limited to text, graphics, trademarks, slogans, names, photographs, advertisements, advertising, formats, software (source code / object code), and other works and intellectual property assets, are the exclusive property of KAVAK, its affiliates and/or subsidiaries, and/or its customers or content providers. KAVAK states that it has obtained the necessary permission to use the content facilitated by its customers and content providers.
For purposes of quality of experience offered through the Platform, KAVAK may allow one or more links to other websites and/or mobile applications. The Internet sites that may be accessed through the KAVAK Platform are not under the control of KAVAK. KAVAK shall not be responsible for the content of any third-party websites linked to the Platform in whole or in part, or for any potential harm arising out of or in connection with the use thereof.
The KAVAK Platform contains or may come to contain links to various social media pages or social networks, including: (i) Facebook® account, with the username: kavak.com; (ii) Twitter® account, with the username: @kavakmx, (iii) Instagram® account, with the username: @kavak.com; (iv) LinkedIn account, with the username: Kavak.com; and (v) YouTube® Channel, with the username: KAVAK. The aforementioned accounts or profiles are administered by KAVAK; therefore, the User acknowledges that they are exclusively intended for social networking and information dissemination of KAVAK; therefore, KAVAK is not responsible, to any extent, for publications and/or comments, including the content and/or information that is exposed there, and any other activity performed by the User, any other person outside KAVAK, and/or that is beyond the scope of the direct administration of KAVAK. The User shall be solely responsible for the content shared on KAVAK's social network profiles; therefore, the User agrees to hold KAVAK harmless against any claim from a third party regarding the content posted by the User, including the payment of defense costs and other related expenses.
3.2.2. Disclaimer of warranties
KAVAK makes no representation or warranty as to the accuracy, reliability or completeness of the content of the Platform. To the fullest extent permitted by law, KAVAK disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. KAVAK does not warrant that the Platform and/or the server that makes it available are free of "computer viruses" and use of the Website, the Mobile Applications, and/or any other part and/or extension of the Platform, is at the sole responsibility of the Client or User, and at the Client's or User's own risk.
3.3. Restriction of use of the Platform
The KAVAK Platform, as well as the Website, the Mobile Applications, and any other site or extension thereof, including the content of all and/or each one, including but not limited to text, graphic elements, trademarks, photographs, commercial advertisements, formats, software (source code/object code) and other works and intellectual property assets, in a broad sense, are the exclusive property of KAVAK, its affiliates and/or subsidiaries, and/or its customers or content providers, KAVAK has obtained the necessary permission to use the content facilitated by its customers and content providers; therefore, it is strictly forbidden to copy, reproduce, disseminate, distribute, transmit, transform, publicly communicate, abridge or modify in any way the KAVAK Platform and/or any of its extensions and its contents, either in whole or in part, and create derivative works of any material that is in the Platform and/or any of its parts, and/or in any medium known or to be known in the future, belonging to KAVAK, its affiliates and/or subsidiaries, without prior authorization from KAVAK. Also, the User is expressly prohibited from making any use of the KAVAK Platform and/or its content, through which it is intended to obtain financial gain. All rights not granted under these Terms and Conditions are reserved by KAVAK.
Notwithstanding the foregoing, the User may:
i) download or print, for his/her reference, the material contained in the KAVAK Platform, for personal use only; and
ii) download or print material sent to his/her e-mail address by KAVAK for personal use only.
The User may not, under any circumstances and, is therefore strictly prohibited, use spiders, robots, computer viruses, data mining techniques or other automated devices or programs to catalogue, download, store, access or reproduce and distribute the KAVAK Platform in all its extension and content, including but not limited to the Website and/or the Mobile Applications.
The User may not, under any circumstances, resell, exploit and/or profit with third parties the access to the KAVAK Platform, to the fullest extent and any content included therein.
3.4. User Liability
The User agrees to be liable for any damages incurred by KAVAK as a result of any incorrect or unauthorized use of the KAVAK Platform and all content published on it, as well as for any fraudulent operation or any operation that is contrary to applicable laws and regulations in force and applicable. KAVAK shall not be liable for damages of any kind, including without limitation special or consequential damages, arising from the User's access or inability to access the Platform, and/or any part and/or extension thereof, as well as from the use or abuse of the Platform and/or the information contained therein.
In addition, KAVAK is not responsible for the use of other sites on the Internet to which the User may access, through links contained in the Platform and/or in any part and/or extension of this. These links are provided solely as a service to users of the World Wide Web and their inclusion on the KAVAK Platform does not constitute an endorsement by, or affiliation with, KAVAK.
3.5. Platform operation and availability
KAVAK may block, interrupt, or restrict the use and access to the Platform when it deems it necessary, as well as remove or terminate the Platform in whole or in parts, including as part of the latter case, but not limited to, the Website, any or all of the Mobile Applications, and/or all or part of its content.
The User may unsubscribe his/her user profile from the KAVAK Platform at any time by sending a request to the e-mail address firstname.lastname@example.org and/or email@example.com.
3.6. User Account Registration and Use
In order to proceed with the creation of a user account or profile through the Website, the Mobile Applications and/or any other part or section of the KAVAK Platform, the User must first provide his/her personal data, including but not limited to full name, home address, email address and telephone number, in accordance with the provisions of the KAVAK Privacy Notice. By creating a user account, the User declares to agree with the Terms and Conditions, and with the Privacy Notice, which KAVAK makes available for consultation.
The User may create his/her account or user profile to access the Website and/or the Mobile Applications, and/or any other part and/or extension of the KAVAK Platform, using the credentials of Facebook®, Apple®, Google® or YouTube® Channel, whereby the User grants KAVAK the authorization to merge the user accounts he/she has with Facebook®, Apple® or Google®, if applicable, and to use and publish information in his/her social network profiles, in accordance with his/her privacy settings. Notwithstanding the foregoing, the User shall be subject to the terms and conditions, and privacy policies of Facebook®, Apple® and Google®, for which KAVAK shall not be liable for errors in the User's profile on their social networks.
Each User is solely responsible for the use and management of his/her user account, and each user account should be used only by 1 (one) person, consequently, the User is solely responsible for the use and management of his/her personal password. The User agrees that the security procedures that KAVAK offers through its Platform for the creation and access to user accounts, are commercially reasonable and are technically sufficient, therefore, the User may not claim unauthorized or illegal access to his/her user account, nor claim that he/she has been impersonated; therefore, the presumption will be that all the actions performed on the KAVAK Platform, through his/her user account, have been made by the User.
It is strictly prohibited to use data and/or information of third parties, without their prior authorization, to create user accounts on the Website and/or Mobile Applications, or any part and/or extension of the KAVAK Platform.
- OF THE SERVICES OFFERED BY KAVAK
The User may access the KAVAK Platform to Buy a used Vehicle published by KAVAK; and/or to request the installment sale with interest with reservation of title on a Vehicle; and/or to Sell a Vehicle of his/her property. The list of Services that KAVAK offers to its Clients are as follows:
4.1. Vehicle Purchase
When a Customer or User wishes to acquire ownership of a Vehicle offered by KAVAK, through the same Platform; or in person at an Exhibition Center or Showroom authorized by KAVAK, the Customer must follow the following process:
Vehicle Purchase Process:
1) Buyer Registration: To become a Buyer, the Client or User must register on the Platform, indicating his/her full name, full home address (street name, outside number, inside number and zip code), email address and telephone number, and such other details as may be required by KAVAK, in accordance with the provisions of clause 4.6. of Clause 4 of these Terms and Conditions, or you must enter the Platform through your user account, if you have already registered previously, in accordance with the provisions of Clause 4 of these Terms and Conditions.
Vehicle Selection: The Buyer may view the Vehicles available for purchase by accessing the Platform under the option "Buy a car" or "Buy". The Platform contains a comprehensive catalog of Vehicles available for Purchase. Each Vehicle published is certified by KAVAK, in accordance with the Inspection process. For each Vehicle available for Purchase, the Platform displays photographs showing the exterior and interior of the Vehicle, as well as details of upholstery, accessories, tires, and the various parts of the Vehicle that can be seen with the naked eye, and may display, if applicable, photographs relating to specific details such as scratches, dents, among others.
In addition, the catalog includes some features of the Vehicle, including, but not limited to: make, model, style, year, mileage, engine, color, number of doors, passenger capacity, horsepower, traction, transmission, VIN or serial number, license plate number, Stock ID number, Sale Price or Total Price of the Vehicle, and location details of the Vehicle, i.e., the Showroom where it is physically located. The photographs shown are actual photographs of the Vehicle, and are for reference only and not limiting the details that the Vehicle may have.
If the Buyer goes to the Exhibition Center where the Vehicle he/she is interested in is physically located, he will have access to information on the Vehicle, in the Technical Data Sheet displayed on the Vehicle: make, model, style, year, mileage, engine, horsepower, traction, transmission, VIN or serial number, license plate number, Stock ID number, Sale Price or Total Price of the Vehicle, among others; which may be consulted and expanded through the Vehicle´s QR Code. KAVAK strives to show on its platform every piece of information pertaining to the Vehicle; however, it may happen that some of them may not be published on the Platform or are not easily seen in the photographs, which cannot be sued as basis for liability towards KAVAK.
KAVAK may publish, through the Platform, any possible third-party reports concerning the Vehicle´s condition. KAVAK disclaims any responsibility for the accuracy of such reports.
When the Buyer wishes to advance in the Purchase process, he/she can select the "I am interested" option.
2) Reserve the Vehicle: Next, the Buyer has two options: The "Schedule a visit" option, in one of the Showrooms where the Vehicle is available, so that the Buyer can physically see it. The "Reserve" option offers the Buyer the possibility of reserving the Vehicle for a period of 3 (three) days, during which time the Buyer may inspect the Vehicle by visiting the Showroom where the Vehicle is located, without any other interested third-party having the ability to put on hold or Reserve the same Vehicle.
2.1. About the Reservation: In order to move forward with the Purchase process, the Buyer must Reserve the Vehicle through the KAVAK Platform, in all cases, in the understanding that the Reservation is valid for 3 (three) days. When putting a Vehicle on hold, the Buyer must pay KAVAK, by way of security deposit, a reservation fee (the "Reservation Fee") of AED 1000 (two hundred and eighty-one dirhams), which may be paid by credit card, debit card, interbank transfer, or bank deposit.
After the Reservation of the Vehicle and the payment of the Reservation Fee have been made, KAVAK shall contact the Customer, coordinate the Purchase and, if applicable, the collection of the Vehicle and schedule dates for full payment and delivery of the Vehicle to the Buyer.
Prior to the delivery of the Vehicle to the Customer's address, or to any KAVAK showroom, the Customer authorizes to cover 100% (one hundred percent) of the delivery in question and this amount will not be refundable even if the Customer ultimately decides not to go ahead with the purchase of the Vehicle.
The Reservation Fee is 100% refundable. When the reservation is made through the Mobile Application or the KAVAK Platform, the amount is not charged to the Customer's account, as this amount is withheld (funds are frozen) until the time of payment and therefore it will not show on the bank statement. This amount (AED 1000) may appear in the bank statement as pending, in transit or some other similar status depending on the Banking Institution. When the Client makes the cancellation, KAVAK instructs the bank to release the amount and it will show in the balance again.
When the payment is made by any means other than the KAVAK Platform or Mobile Application as mentioned in the preceding paragraph, the money is refunded via bank transfer to the bank account provided by the Client (The account has to be in his/her name). Once the amount is released by KAVAK, this deposit will show again on the bank account within 15 (fifteen) to 30 (thirty) business days, depending on the Client's Banking Institution.
It is worth mentioning that, upon requesting the refund, KAVAK will contact the Client through the WhatsApp application/text message with instructions to follow the Cancellation Procedure. The Client will have to verify certain information such as details of the bank account where the refund money should be paid into. It will take KAVAK approximately 7 (seven) to 15 (fifteen) business days to release the payment internally, provided the Client provides the correct information. The refund will only and exclusively be made to the Client's bank account and for no reason to any third party.
3) The KAVAK Platform will calculate on an approximate basis and on the understanding that the same may vary because payments are required at a later date, the applicable taxes and duties, as well as expenses related to the transfer of ownership of the Vehicle, vehicle registration and delivery fees. Such additional costs will be added to the Sale Price to present the Buyer with the total value of the Purchase. The aforementioned fees and costs may vary depending on the Emirate or Area where the Delivery and registration of the Vehicle takes place. KAVAK may apply a delivery charge for transporting a Vehicle from one KAVAK location to another, or for Vehicles moved outside of the delivery zone. Additionally, if a Buyer decides to make an additional purchase (e.g., purchase Kavak Total), such charges will also be calculated and displayed for the Buyer as he/she navigates through the “Reserve a Vehicle” process.
Thereafter, KAVAK shall arrange for the Sale and Delivery of the Vehicle, in favor of the Purchaser, in accordance with the following:
A. Vehicles with license plates: KAVAK will complete the Sale of the Vehicle by (i) delivering the Vehicle and the Vehicle Documentation to the Purchaser and providing the Purchaser with all the information and notifications related to the Purchase; (ii) complying with the completion of the vehicle documentation, including but not limited to: Sales contract, original invoice, proof of payment of duties, registration card, original license plates, proof of vehicle verification, emissions compliance certificate, among other documents related to the Purchase of the Vehicle; (iii) receiving payment for the purchase of the Vehicle; and (iv) ensuring that the Vehicles have an up to date vehicle verification, for which there is a period of 30 (thirty) calendar days, with the exception of the sale of Vehicles without license plates.
B. Vehicles without license plates: KAVAK will complete the Sale of the vehicle by (i) delivering the Vehicle, and the Documentation, to the Purchaser, and will provide the Purchaser with all information and notifications related to the Purchase; and (ii) receiving payment for the purchase of the Vehicle. In the case of the sale of Vehicles without license plates, it will be the responsibility of the Purchaser to carry out all those procedures required for the Vehicle to circulate, releasing KAVAK from this responsibility.
KAVAK may use a third-party payment agent ("Paying Agent") to collect the Sale Price of the Vehicle from the Buyer through a payment account associated with his/her KAVAK account. The processing of payments will be subject to the Terms, Conditions and Privacy Policies of the Payment Agent, in addition to those associated with these Terms and Conditions. KAVAK is not responsible for errors of the Payment Agent. By agreeing to enter into a transaction with KAVAK, the Buyer agrees to pay through the Paying Agent all charges in accordance with the applicable payment terms and authorizes KAVAK, through the Paying Agent, to charge or remunerate its selected payment provider.
The Selling Price of the Vehicles offered will be communicated prior to invoicing and includes KAVAK's Profit Margin but does not include the cost of change of ownership, license plates, delivery fees (if any), duties, taxes or related charges.
The Sale Price is calculated at the time the Vehicle is Reserved through the Service and determined based on the location where the Vehicle will be delivered and the Emirate where it will be registered.
The Purchaser and KAVAK will enter into the relevant Contract in accordance with the Terms of Sale and Purchase. The Purchaser agrees that payment for the Purchase of the Vehicle may only be made by electronic bank transfer to the account specified by KAVAK. Under no circumstances will KAVAK accept payment in cash. Payment must be made prior to or at the latest upon Delivery of the Vehicle. The Vehicle shall be free of any lien or encumbrance at the time of Delivery. In this respect, at the time of Delivery, KAVAK undertakes to deliver to the Purchaser the original Vehicle Documentation.
Furthermore, the Purchaser accepts and acknowledges that the Home Delivery of the Vehicle is subject to KAVAK's Coverage Area, where KAVAK reserves the right to decide in which locations it may or may not deliver the Vehicle. KAVAK will advise the Purchaser, if applicable, the place where the Purchaser may collect the Vehicle; or the Exhibition Center or Showroom in which the Purchaser may collect the Vehicle.
The Buyer accepts and acknowledges that the Delivery of the Vehicle may be delayed for circumstances beyond KAVAK's control. Accordingly, KAVAK cannot give any guarantee as to the exact date for the Delivery at the time of the Reservation; therefore, the estimated Delivery date will be subject to change, which will be notified to the Purchaser through the KAVAK Platform.
4.2. Vehicle Sales
When the User wishes to Sell a Vehicle using the Services through our Website or Mobile Application, from October 25, 2021, KAVAK is offering an additional AED 94 (ninety-four dirhams) or more for it. This applies to all vehicles model year 2010 to date and that meet the selection criteria in accordance with our Terms and Conditions.
The User must provide basic information on the Vehicle, including, but not limited to the make, model, year, version, condition, history, mileage, and any other information requested by KAVAK. Please note that vehicles with a theft report or theft-recovered vehicles will not be accepted.
If the Vehicle meets KAVAK's selection criteria, the User may receive an offer or several types of offers from KAVAK as set out in this section, depending on the characteristics of the Vehicle and the market situation at that time; however, KAVAK reserves the right to make or not to make an offer for the Vehicle owned by the User.
Upon an Initial Offer to Purchase, KAVAK and User shall schedule an Inspection for the Vehicle with a qualified KAVAK inspector. If necessary, User shall provide additional information regarding the identification of the Vehicle, including full name of the owner and location of the Vehicle in order to conduct the Inspection, as well as any other documentation requested by KAVAK during this process.
The Initial Offer Price issued by KAVAK is not fixed and may vary at any time after the Inspection for mechanical, electrical and/or electronic overhaul, as well as the corresponding analysis of potential legal discounts.
The Inspection may be scheduled at the User's home, in accordance with the conditions that apply for Home Services; or it may be scheduled at one of KAVAK's Authorized Centers and/or Exhibition Centers, from Monday to Saturday, between the hours of 9:00 A.M. and 6:00 P.M.
When a vehicle is sold by Part Exchange and the Customer decides to make his Satisfaction Guarantee, he may get his vehicle back provided that; (i) the Vehicle has not been parked or sold by any other Customer, (ii) he assumes the cost of repairs and expenses incurred to the Vehicle in question and (iii) he decides not to receive the full Price of the Vehicle with which the Offer was made to him.
Inspection: For the day of the Inspection, the User must have the Vehicle washed (exterior, interior, engine, tires) and vacuumed, i.e., in excellent condition to be photographed. Before handing over the vehicle to KAVAK the User is obliged to remove all his/her belongings; KAVAK is not responsible in whole or in part for objects left inside the vehicle. Likewise, the Vehicle must have the necessary vehicle verification certificate (from RTA) of the Emirate where the Vehicle is registered and in force for up to 6 months.
The User agrees that the Inspection will include not only the review of the general condition of the Vehicle but also a verification of the mechanical condition and the performance of a test drive, where the car can be driven at speeds of 100km/h (one hundred kilometers per hour) or more. In the case where the Vehicle is not fully insured, the KAVAK inspector may refuse to perform the Inspection, including the test drive. In the event that the KAVAK inspector agrees to perform the Inspection and the test drive on a Vehicle not fully insured, the User will be fully responsible to cover any costs or expenses related to any damage, dents or total loss of the Vehicle in the event of an accident during this process.
Each Seller agrees that, in the event of providing false, incomplete or incorrect information, whether personal or related to the Vehicle, any agreement between the Seller and KAVAK relating to the purchase of the Vehicle by KAVAK shall be null and void and of no effect to the parties; the Seller shall be liable and shall compensate KAVAK for any loss or damage that may be caused to KAVAK or its Users arising from false, inaccurate, incomplete or incorrect information, regardless of any civil, commercial or even criminal actions to which KAVAK may be entitled.
In the event that a traffic accident occurs during the test drive inspection, KAVAK may purchase the Vehicle under the Immediate Purchase option. However, in the event that there is no agreement for an on-the-spot purchase, KAVAK may choose, if applicable, to (i) bear the cost of the insurance deductible or (ii) make the corresponding repairs to the Vehicle at its own expense.
The KAVAK inspector will also verify the make, model, year, version, mileage, condition, history, invoice and registration of the Vehicle. Likewise, the inspector will verify the documentation of the Vehicle, including, registration card, certificate of verification, payments of tenure or endorsements and invoice of the Vehicle, including, where appropriate, direct verification with the automotive agency of origin and any review in order to confirm the ownership of the Vehicle. In the event that there are co-owners of the Vehicle, they must also be present at the time of signing the Sale and Purchase Agreement, after KAVAK has verified the co-ownership of the Vehicle.
Upon completion of the Inspection, KAVAK will inform the User of the types of offers, at its discretion.
The User will be able to choose the offer he/she wants and therefore the Determined Price; such price will be the amount for which KAVAK will acquire the Vehicle. The types of offers that KAVAK offers are described below:
i. On the spot offer: KAVAK will purchase the Vehicle on the spot, where 100% (one hundred percent) of the payment for the Vehicle will be made within 48 (forty-eight) hours.
ii. 30 days guaranteed offer: KAVAK purchases the Vehicle, and the total amount is settled within 30 (thirty) days. A first payment of 20% (twenty percent) 48 (forty-eight) hours after signing the Sales Contract and the remaining 80% (eighty percent) 30 (thirty) days after the date of signing the Contract.
iii. Part Exchange: KAVAK shall take the Vehicle in the event that the User wishes to Purchase another Vehicle from KAVAK, and the Parties shall be obliged to pay the difference, as applicable.
iv. Other offers: KAVAK reserves the right to include other types of offers. Such terms and conditions shall be set out in the Purchase Agreement.
In all types of Offers the User accepts and recognizes that the Prices established by KAVAK will be informative until the moment of signing the Contract; therefore, while the Contract or Contracts have not been formalized, the Prices specified by KAVAK will be considered as quotations that may be modified according to the particular circumstances of the Vehicle and always at the discretion of KAVAK.
In the Post-Inspection Offer issued by KAVAK, the Profit Margin offered to the User may decrease or increase depending on the Inspection, as well as on the revision of the Vehicle documentation.
The Profit Margin offered for the Vehicle during the entire process will not be negotiable once issued by KAVAK, either at Inspection or Post-Inspection and will be issued solely and exclusively through our Website, Mobile App or via message.
Prices are fixed, non-negotiable, and are based on a number of factors, including the market value of the Vehicle at the time of Inspection, as well as the cost of required repairs or as determined by KAVAK, as the case may be.
4.2.1. About Vehicle Verification
The Seller is obliged to deliver all the necessary documentation to KAVAK, including invoice, tenure payments, vehicle verification, registration card, payment of fines and other necessary documents. For the case of verifications, the Seller accepts and recognizes that he/she is obliged to have passed the vehicle testing test done by RTA. KAVAK will not accept Vehicles that do not comply with the pertinent emission controls or Vehicles with holograms "1" or "2".
In this sense, in the event that the Vehicle is purchased within the two-month period in which it is to be verified, the Seller shall be solely responsible for carrying out such verification, obtain the passing certificate and deliver such documentation to KAVAK. KAVAK may also verify the Vehicle and may deduct the service from the agreed offer. In the event that proof of such verification is not shown, it will be considered as a cause for early and immediate termination of the relationship between KAVAK and the User, including the termination of the Contract, without any liability for KAVAK.
However, in the event that any Vehicle tendered has any type of fine for verification and/or untimely verification, KAVAK may deduct the amounts necessary for the payment of such fines from the amount of the Determined Price and this will be stipulated in the Contract.
In the event that KAVAK acquires the Vehicle within the deadline to perform the vehicle verification, in accordance with the calendar issued by the corresponding authorities, KAVAK may deduct the amount resulting from the payment of such procedure from the amount of the Determined Price. However, if the Vehicle has not been collected, the Seller is obliged to carry out the procedure at its own expense and obtain the corresponding RTA certificate, but in case of not obtaining it, KAVAK is authorized to deduct the amounts corresponding to the fine and/or untimely verification from the Determined Price. On the contrary, if the Vehicle has been collected, the Seller authorizes KAVAK to deduct from the amount of the Determined Price, the necessary amounts to carry out such procedure in the name and on behalf of the Seller, being the latter obliged to cooperate with KAVAK and deliver any document that may be necessary for such purpose.
If the Vehicle is purchased prior to the two-month verification period and provided that the Vehicle is up to date in the payment of such procedure, KAVAK will cover the corresponding amounts to carry out the verification. However, the Purchaser accepts and acknowledges that in the event that the Purchaser acquires the Vehicle prior to the two-month verification period, such expenses will be borne entirely and exclusively by the Purchaser.
4.3. Sales Agreement for payment in Installments with interest with reservation of title of a Used Vehicle.
KAVAK may, through the Used Vehicle Sale and Purchase Agreement, facilitate payment in installments with interest with reservation of title for Buyers through relationships with Grantors; or through an installment sale scheme with interest with reservation of title granted by KAVAK or through any of its affiliates or subsidiaries, only in applicable cases. The Buyer who requires an Installment Sale with interest may select, from the KAVAK Platform and having previously selected the Vehicle of his interest, the option "Apply Installment Sale with interest" during the Reservation process. The interested Buyer must fill out an online form, suggesting an installment payment period and a down payment and must provide information requested by KAVAK through the Platform, so that the Grantors can subsequently determine the authorized installment payment limit. Once the installment payment limit has been set and the Buyer accepts the rate and terms offered, KAVAK completes the Installment Sale with Interest application on behalf of the Buyer and when the Vehicle is delivered to the Buyer, the Buyer must sign the documents required by the Grantor.
Payment in installments is administered by the Grantor or its agency, directly with the Buyer, therefore, KAVAK has no responsibility for the granting of credit, nor for the conditions specified by the Grantor; therefore, the Buyer releases KAVAK from any liability arising from this transaction. The Purchaser agrees that KAVAK or any of the Grantors may verify his/her credit record via a credit bureau. In addition, the Purchaser agrees to accept the terms, conditions, policies and notices of any Grantor that may grant any installment sale service with interest, releasing KAVAK from any claim that may arise from these concepts.
In case of requesting the Installment Sale with interest with reservation of title of a used Vehicle, I expressly authorize KAVAK, through its authorized officers or authorized third parties, to carry out investigations on my credit record through a Credit Information Company/ies KAVAK deems appropriate, thus generating a legal relationship in accordance with the provisions of the corresponding approval.
Likewise, I declare that I know the nature and authorize the scope of the legal relationship that is generated when requesting an installment sale with interest of a used vehicle and the information that will be requested for the use that KAVAK will make with such information and that it may make periodic consultations of my credit history, consenting that this authorization and legal relationship is in force for a period of 3 (three) years from the date of issue and in any case for as long as we maintain legal relationship.
4.4. Vehicle Leasing
KAVAK offers Vehicle Leasing, in any of the options published through the Platform, to its Customers or Users. The User must select the vehicle of interest and fill out a form entering the term and the residual value. Subsequently, he/she must provide KAVAK with the information requested, so KAVAK can evaluate the Lease request and calculate the monthly payments. Once KAVAK approves the Lease request and in the event that the User is satisfied with the conditions established by KAVAK, the Parties will proceed to sign a Lease Contract.
4.5. KAVAK Coverage
KAVAK offers preventive maintenance services to customers who have a KAVAK car, to request the service the customer must download the mobile application and log in. Select the car for which he wants to have the maintenance service done, then select the type of maintenance service, which can be:
● Basic: Oil change and oil filter change.
● Half life: Oil change, oil filter change, air filter change and pollen filter change.
● Long life: Oil change, oil filter change, air filter change, pollen filter change and spark plug change.
Subsequently, the Client must choose the authorized Center where he/she wishes to have the service done, schedule the appointment (date and time) at which he/she wishes to have the service done, subject to availability, and make the payment. In the case of Clients who purchased Kavak Total, they will be entitled to (2) two free maintenance services, as long as they are done within the period of time stipulated in his/her Kavak Total contract.
The Customer has the option to select the home pick-up service at an extra cost; KAVAK will pick up the Vehicle at the address indicated by the Customer, transporting it to the Authorized Center and then transporting it back to the address indicated by the Customer as long as these locations are within KAVAK's coverage area.
In case the Customer does not select the home pick-up option, he will have to bring the Vehicle to the authorized Center selected when making the appointment and will have a 15 (fifteen) minutes grace period. If he/she does not bring the car within the 15 (fifteen) minutes, the appointment will be cancelled, and he/she will have to reschedule.
Upon receipt of the Vehicle, KAVAK will perform the previously agreed services and notify the Customer when the Vehicle is ready for collection.
Refund Policy: Refunds will be made only in the event that KAVAK does not meet the promised conditions (contracted services, time frame or quality of service).
Cancellation Policy: The Client may cancel the appointment without penalty through the Mobile Application up to one day prior to nine o'clock in the morning (9 a.m.). After this period of time, the appointment will be automatically cancelled and KAVAK must be contacted to reschedule.
5.5.2. Satisfaction Guarantee
The Purchaser of a Vehicle offered by KAVAK shall be entitled to a Satisfaction Guarantee, which consists of a return period of 7 (seven) days or a maximum of 300 km (three hundred kilometers), whichever occurs first. This means that, provided that i) the Vehicle has not been used for more than 300 km (three hundred kilometers) hereinafter referred to as the "Kilometer Limit"; ii) the Vehicle is in the same condition as it was at the time of Delivery, i.e., but not limited to, has not been damaged after Delivery to the Buyer, or is in a condition other than that of Delivery (damage, malfunction, accident, total loss, theft, vandalism, or any other of a similar nature) (collectively referred to as "Return Period Conditions"), and iii) the Vehicle is intended, exclusively for private use, the Buyer may return the Vehicle to KAVAK and receive a full refund, within 15 (fifteen) working days after the Delivery. Provided the Return Period Conditions have been satisfied, the Buyer may return the Vehicle for any reason within 7 (seven) days after the Delivery. KAVAK does not offer partial refunds and will not negotiate the Sale Price if the Buyer is not satisfied with the Vehicle. In the event that the Buyer is dissatisfied with the Vehicle for any reason, the Buyer may, provided the Return Period Conditions have been satisfied, return the Vehicle within 7 (seven) calendar days from the Delivery and, subject to the Mileage Limit described below, may receive a full refund. Buyer is fully responsible for the satisfaction and payment of any Liens and/or Debts, claims and/or damages related to the Vehicle during the possession of the Vehicle, including, but not limited to, medical, personal injury, citation, toll or other claims. Additionally, in the event the Buyer wishes to use the refunded amount to purchase a new Vehicle, the 7 (seven) day Return Period will be reduced to only 1 (one) day or 50 kilometers.
If the Vehicle has exceeded the Kilometer Limit, and KAVAK elects, at its discretion, to accept the Vehicle back, the refund to the Buyer will be reduced by AED 19 (nineteen dirhams) for each kilometer exceeded. If the Vehicle has suffered any damage subsequent to the Delivery to the Buyer or if it is not in the condition it was at the time of the Delivery (damage, malfunction, accident, total loss, theft, vandalism, or any other of a similar nature), KAVAK may decline to refund any portion of the Sale Price or may elect to reduce the value of the refund based on the value required to return the Vehicle to the original condition at the time of delivery. The value to be deducted will be determined by KAVAK, at KAVAK's discretion and KAVAK will provide the Buyer with a document with the amount deducted and the reason for each deduction.
The Satisfaction Guarantee becomes null and void as soon as the Vehicle is used for any purpose other than private use, whether the Vehicle is used for public or private transport.
5.5.3. Three-Month or Limited Warranty
Every Vehicle purchased through the KAVAK Platform includes a limited warranty called "Three Month Warranty", which will be valid from the delivery of the Vehicle. The Three-Month Warranty is designed to cover various scenarios that may arise during the first 90 (ninety) days of use or when the vehicle has been driven up to 5,000 km (five thousand kilometers), whichever comes first. For the option of the maximum limit of 5,000 km (five thousand kilometers), there is an additional condition which is not to exceed 2,000 km (two thousand kilometers) every 30 (thirty) days. The Buyer accepts and acknowledges that this warranty is not transferable to third parties.
Warranty Coverage: From engine damages or main failures, transmission, brake system and air conditioning, to failures that prevent the proper use of the Vehicle; as long as these have not been caused by the Customer. If the User would like to claim the extended coverage, he/she must contact KAVAK to schedule an appointment to perform a diagnosis of the vehicle.
General Warranty Exceptions: The following are exempted from this warranty: (i) If tampering, collision, negligence and/or misuse by the User is detected, as well as driving conditions to which the Vehicle is exposed and those functions that are the direct responsibility of the manufacturer and that its correct operation can only be verified by doing a special diagnosis which involves a special scan and a computer, as is the case for air bags; (ii) Wear parts are not covered, only if these 3 (three) variables are considered: 1) The condition of the part. 2) the mileage covered since the date of sale of the Vehicle. 3) the useful lifetime that the automotive industry or the manufacturer estimates for that type of part. (iii) Any damage caused by decomposition, erosion, corrosion, deformation, oxidation, as well as elements subject to changes in morphology such as bushings, joints, rubbers, supports, etc.; (iv) If the KAVAK Vehicle suffers some damage and it is repaired by the Client on a provisional basis and/or at his own expense in workshops or with unauthorized dealers, the present Guarantee will be without effect, for which KAVAK will not be responsible in any way, and the Client will not be able to claim any damage or harm from KAVAK.
The warranty does not apply in the following cases: (a) Dents or cosmetic damages caused by the user; (b) Damages or major wear and tear, for example: cracked glass, bulges or tears in tires, blows to shock absorbers/suspension, battery drainage due to incorrect use; (c) Mechanical or Electrical breakdowns caused by the use of the incorrect or defective lubricant or fuel, as well as any consumable element. (d) Any damage caused by decomposition, erosion, corrosion, deformation, oxidation, as well as elements subject to changes in morphology such as bushings, joints, rubbers, supports, etc. (e) If the KAVAK Vehicle suffers some damage and it is repaired by the Client on a provisional basis and/or at his own expense in workshops or with unauthorized dealers, the present Guarantee will be without effect, for which KAVAK will not be responsible in any way, and the Client will not be able to claim any damage or harm from KAVAK.; (f) KAVAK shall in no event be liable for any damage caused to the KAVAK Vehicle by third parties; (g) Intentional or grossly negligent acts of the Customer and/or owner of the Vehicle, provided that these are directly attributable to such persons; (h) Fire, direct lightning strike, fire extinguishing, collapse or removal of debris after a fire. Physical, chemical or nuclear explosion, radioactive contamination and implosion; (i) Natural phenomena such as earthquakes, storms, floods, tremors, wind, increases in water level, volcanic eruptions, hail, mudslides, hurricanes, frost, subsidence, cyclones, floods and landslides; (j) Confiscation, requisition or destruction of property by order of any de jure or de facto government, any federal or municipal authority. Strikes, political disturbances, terrorism and direct sabotage with explosives; (k) Breakdowns caused by accident or collision, theft, attempted theft, fire, explosion, vandalism; (l) Any damage or loss covered by automobile insurance; (m) Normal wear and tear of parts, if any, verified among three variables; i) the condition of the worn part; ii) the number of kilometers covered by the vehicle since the installation of that part now worn; and, iii) the useful lifetime that the automotive industry or the manufacturer estimates for that type of part; (n) Breakdowns caused by misuse or negligence of the owner, such as participation or use of the car in sporting competitions, whether official or not, overloading, use of the Vehicle in rough or irregular terrain that will exert excessive strain on any of the components included in these Terms and Conditions, use of the Car with a dashboard warning light or a malfunction indicator on, use of abrasive agents, inadequate washing of the engine or with too much water, contamination from other elements; (o) Repairs, substitutions or alterations not authorized or recommended by the manufacturer, such as electrical accessories, sports equipment or modifications made to the vehicle in such a way that the original specifications are altered; (p) Squeaks and rattles from interior assembly trims of panels are not covered by the warranty due to natural wear of assembly components; (q) Any liability for death, bodily injury or damage to other property or consequential loss of any nature arising directly or indirectly from the Mechanical, Electrical and/or Electronic Breakdown; (r) Any damage or breakdown caused by any roadside assistance service or caused by third parties at the site of an accident; and (s) If the Vehicle has been used as public or private transportation.
(a) In the event that the Vehicle is outside the Coverage Area at the time of a breakdown, KAVAK may, but shall not be obliged to, assign an Authorized Service Center to perform an initial diagnosis. Such Center may not carry out any repairs to the Vehicle at the direction of the Client, without having previously obtained written authorization from KAVAK or any third party designated by KAVAK for such purpose, otherwise, the Limited Warranty will be void; (b) The total cost of the repair of the Mechanical, Electrical and/or Electronic Breakdown shall not exceed the maximum amount covered by the Limited Warranty service, indicated in the corresponding Contract, or in these Terms and Conditions. Likewise, it shall not include components that are not covered by our coverage. In the event of exceeding the maximum cost of liability established hereunder, the Client may, upon agreement with KAVAK and under its strictest responsibility, pay the excess of the repair; (c) KAVAK is not obliged to fit original factory parts or components for the repair of the vehicle; (d) KAVAK reserves the right to send the Vehicle to specialized and authorized repair centers under agreement to carry out the repair; (e) in specific cases where the Vehicle must be collected from the Client's home, KAVAK may send specialized personnel to take the Vehicle and drive to one of its centers in order to perform test drives on the road and to strengthen the diagnostic process; (f) during the diagnostic and repair process the KAVAK team of technicians may perform test drives to determine the exact cause of the breakdown, or to verify that the repair has been successful. KAVAK does not undertake to deliver the Vehicle to the Customer with the same mileage at which it was received; (g) In no event shall KAVAK be liable for any expenses incurred as a result of the time the Vehicle remains in one of our Centers during the diagnostic and repair process; (h) the Limited Warranty does not cover the use of substitute cars for Customers in cases where the Vehicle remains for extended periods of time in one of our Centers; (i) If there is evidence of direct tampering by the Customer or third parties with the KAVAK Vehicle, this Limited Warranty Service shall be null and void; and (j) the Limited Warranty applies solely and exclusively to Vehicles intended for private use, consequently, if the Vehicle is intended for public or private transportation, the Limited Warranty shall be void.
5.5.4. Kavak Total
Kavak Total provides extra coverage to the mechanical failure coverage offered by the "Three Months Warranty" or "Limited Warranty". The Maintenance Service offered by Kavak Total includes the following: (i) 12 (twelve) months of coverage for mechanical failure in addition to the 3 (three) months included in the "Three Months Warranty" or "Limited Warranty" or covering mechanical failures or powertrain failures except wear parts or failures caused by the Customer (see Exceptions section); (ii) Kavak Total has no event limit, nor is it necessary to pay any deductible; (iii) includes 2 (two) basic maintenance services at no cost, in which an oil change and an oil filter change will be made for each maintenance service. The length of service coverage depends on the type of Plan purchased. The Buyer agrees and acknowledges that this service is not transferable to third parties.
Kavak Total for the Vehicle will be in force up to the following limits: (i) for a period of up to 12 (twelve) months counted from the date on which its 3 (three) month warranty ends; (ii) when the Vehicle in question registers a mileage of 25,000 km (twenty-five thousand kilometers) counted from the time of delivery, considering 5,000 km (five thousand kilometers during the first 3 (three) months and 20,000 km (twenty thousand kilometers) during the remaining 12 (twelve) months; and/or (iii) covering a maximum amount of AED 18,737 (eighteen thousand and seven hundred and thirty seven dirhams) as the total balance of all repairs made, whichever comes first, as of the end of the Three Months Warranty period.
Kavak Total can be contracted at the purchase of the car, at the delivery of the car and until the expiration of the term of the "Three Months Warranty" or "Limited Warranty". The contracting methods may be hereinafter but not limited to (i) Installment Sale Contract with interest and reservation of title of Kavak Capital; (ii) Through Trade-in application if contracted; (iii) Through direct purchase at a Kavak Operation Center; (iv) Through the KAVAK Mobile Application (app). In any of these, a contract will be generated for the Maintenance Service offered by Kavak Total.
In the event that the coverage is contracted through Kavak Capital's Installment Sale Contract with interest and reservation of title of a used vehicle, the payment of the coverage offered by Kavak Total will be made under the price stipulated in the Kavak Capital contract, by paying cash in the first (1st) month or through the Monthly Plan corresponding to monthly payments (only if applicable) during the period of the Interest Installment Sale as specified in the monthly payment run and/or the Kavak Capital Used Vehicle Interest Installment Sale Contract with reservation of title.
Kavak Total will be offered through the Annual Plan, and it refers to the following types of payment: Cash, Months without Interest (contracted in the Kavak 360 App), Point of Sales (POS) at KAVAK operations center or Bank Transfer in which the total amount of the cost of the Maintenance Service offered by Kavak Total is paid in a lump sum.
For Clients on the Kavak Total contract which was referred to as the monthly subscription plan before June 2021, the plan becomes effective after the first payment which will be followed by 12 (twelve) monthly payments of the same amount, the charges are made by Kavak and/or any third party automatically.
Cars bought through Kavak Capital and with Kavak Total, the following promotions will apply:
1. 40% (forty percent) discount of the total annual cost, valid only for that first year, as long as the Customer pays through the installment sale plan with interest with reservation of title with Kavak Capital.
2. 25% (twenty-five percent) if purchased prior to delivery or within the first 36 (thirty-six) hours after 00:01 a.m. on the day the car is delivered to the Customer.
3. 5% (five percent) if purchased after 36 (thirty-six) hours but before the end of the satisfaction guarantee period (7 days after delivery).
4. No discount after the seventh day.
The Customer will be informed of these discounts directly through the KAVAK Mobile Application and will apply as long as the Customer complies with all the documentation requirements and required time frame.
Kavak Total includes 2 (two) basic maintenance services at no cost. Each maintenance service included in the Kavak Total contract must be redeemed to make use of a basic maintenance service at no cost or as a discount on the published price of the half life or long life maintenance services, taking the published price of the basic maintenance service as a discount and paying the difference at the time of making an appointment for such maintenance. The above is necessary to keep the Service active.
The basic maintenance services at no charge include, but are not limited to: an oil change and oil filter change. The first no-cost maintenance service may be redeemed in the 5th (fifth), 6th (sixth) or 7th (seventh) month after delivery of the Vehicle; the second no-cost maintenance service may be redeemed in the 11th (eleventh), 12th (twelfth) or 13th (thirteenth) month. The Customer has the option to schedule another type of service with greater coverage than the basic service for an additional cost.
There are different reasons that are sufficient grounds for the cancellation of the coverage offered by Kavak Total: (i) Regarding maintenance, if the client does not perform the maintenance services in the stipulated periods, the service will be cancelled without the right to renewal, in no case will any amount be refunded by KAVAK and/or any third party. (ii) Regarding payments, the delay in any of the corresponding payments (if applicable) of the Kavak Total coverage, will be sufficient reason for cancellation and in no case will any amount be refunded by KAVAK and/or any third party. (iii) Only if applicable, if the Client uninstalls the GPS on his/her own without prior notice or authorization from KAVAK. (iv) If the Vehicle is repaired by the Customer on a temporary basis and/or at his own expense at workshops or dealers not authorized by KAVAK. (v) In the event that Kavak and/or any third party cannot collect a monthly payment, KAVAK will continue to make attempts to collect the payment for 30 (thirty) calendar days, if unsuccessful, the coverage offered by Kavak Total will be cancelled.
Kavak Total on Annual Plan may be cancelled but no refund will be given by KAVAK and/or any third party once the 5 (five) business days allowed for cancellation have passed; Kavak Total on Monthly Plan may be cancelled at any time without any refund for the months paid, in which case the cancellation will be made and the next charge will be waived.
Refunds will only be considered in the following cases: (i) The Client has requested cancellation of the Service and after the cancellation request, KAVAK and/or any third party makes a charge on said cancelled service, only in that case will the amount charged after the cancellation be refunded in the next 5 (five) calendar days. (ii) The Vehicle had a loss that reports it as a total loss (Collision/Theft). In that case the necessary receipts will be requested and the full amount paid will be refunded in the case where the contracting of the coverage offered by Kavak Total is 6 (six) months old or less and half of the amount paid will be refunded in the case where the contracting of the coverage is 7 (seven) months old or more. (iii) The Vehicle was returned to KAVAK as part of the Satisfaction Guarantee; in this case, the full amount paid will be refunded whether it is an annual or monthly plan.
All KAVAK vehicles with Installment Sale with interest with reservation of title will have a GPS unit included, all other vehicles have the option of a GPS unit, owned and operated by KAVAK, unless the Customer expressly requests to have it removed. For vehicles that have a GPS installed, the following data will be recorded for the coverage offered by Kavak Total to the Customer:
a) Per trip:
● Battery voltage
● Latitude, longitude
● Distance traveled per trip
● Average speed per trip
● Date and time of start and end of trip
b) Per event:
● Type of event
● Battery voltage
● Latitude, longitude
● Distance traveled
● Date and time of event
● Acceleration and deceleration
c) Data being collected for cars with OBD2
● Fuel level
● DTC and Check engine codes
The GPS will remain active to allow KAVAK to offer better service of continuous improvement for the Customer.
KAVAK will be able to include after-sales packages that will include maintenance, initiatives that will be available to KAVAK Customers in the future (during the year 2022), among others:
● Recover my car (Theft alert service)
● Protection plan (Charge for recovery attempt service)
● Marketplace: Offers for purchase and trade-in of historic cars sold.
● Sharing of personal car statistics information
● Proactive alerts notifying the customer of upcoming maintenance schedules
● Reactive alerts based on vehicle condition
● Monitoring alerts for financed cars
● Insurance product
The GPS may not be removed from the vehicle under any circumstances; in case of removal of the GPS, KAVAK will immediately cancel any warranty or coverage offered by Kavak total that has been granted to the Customer without any right of reimbursement.
In case of failures caused by the GPS device, the Customer may report the same at any time directly via KAVAK support channels, which will be responsible for the repairs of the same if, and only if, there has not been an attempt to repair it through a third party or the device has been manipulated by the Customer. Please be informed that the GPS can cause the engine to cut-off in case of failures caused by the Vehicle's battery, which are not attributable causes or direct requests made by KAVAK.
The information provided by the GPS cannot be shared with any person other than the Client. In the event that the information is required to be shared with a third party, he/she must bring with him/her a power of attorney signed by the Client and two witnesses with valid legal identification.
In cases of accident or crime, the information may be shared to third parties (immediate family), on the condition that they provide KAVAK with the report filed with the competent authorities and that the Client has not previously turned off the GPS unit; i.e., it must remain on at all times. Additionally, KAVAK reserves the right to include a physical panic button in their GPS units, which allows it to trigger a recovery service by third parties and the corresponding authorities.
6. OTHER SERVICE CONSIDERATIONS
All Services offered by KAVAK, through its Platform, including, but not limited to, Customer service; payments made or received by Customers; the Reservation or Deposit of a Vehicle; the Purchase, Sale, and/or the Sale with interest with reservation of title of a used Vehicle; may be provided and marketed electronically, or otherwise provided at the Customer's address, as set forth in the following paragraph.
The Client or User acknowledges that all Services offered by KAVAK, through its Platform and which may be offered at home, with the exception of the service of installment plan with interest and reservation of title of used Vehicle with, in accordance with the provisions of these Terms and Conditions, are subject to the KAVAK Coverage Area; therefore, KAVAK reserves the right to decide in which locations it may or may not provide the Home Services, and to inform the Customer, if applicable, of the viable options for the provision of the Service; or the Authorized Center and/or the Exhibition Center in which the Customer may go to receive the Service.
KAVAK will observe and comply with any agreement, provision, decree, mandate and/or guideline issued by the competent authority in relation to any situation that represents force majeure and/or fortuitous event, and that in any way affects or influences the provision of the Services.
7. KAVAK CAPITAL
7.1 Installment sales with interest.
KAVAK will allow the Customer to carry out business with the best dealers in the country, and to receive the best services and products available in the market particularly through our installment sale with interest and reservation of title so that the Customer can access an installment sale plan with interest and reservation of title in the purchase for a KAVAK used vehicle.
7.2 Installment Sale User eligibility.
The conditions to access the option of purchase on installments are based on the Customer's credit record, for which they must electronically sign the Credit Bureau inquiry, which can be accessed by the Customer in the Installment Sale with Interest application on the KAVAK Web Site.
This service is provided through our authorized supplier. When a Customer requests an installment sale plan with interest and reservation of title to acquire a used Vehicle, he/she authorizes KAVAK and KIKOYA to collect credit and financial information to research the client´s credit history before the Credit Information Companies; For the purposes of the above, in case the Customer voluntarily provides his/her data, such action shall be deemed as his/her absolute and express acceptance of these Terms and Conditions and the Privacy Notice Integral to KAVAK, so the Customer consents to the transfer of data between the two companies to be used accordingly so they can grant him/her authorization to make the purchase through the installment sale plan with interest. Additionally, the Client expresses his consent to KAVAK and KIKOYA regarding the services offered by these two companies to use electronic means such as PIN, e-signature and digital signature, provided that the latter two are covered in a valid and current digital certificate issued in their name by a Certification Service Provider accredited under UAE laws.
Clients who have completed the eligibility process for an installment sale plan with interest with reservation of title with KAVAK, authorize the latter to send new, pre-approved installment sale offers customized to his/her profile to the email address they have entered on the Website or Mobile Application. KAVAK will generate an automatic instalment simulation that can go from 48 (forty-eight) months up to 60 (sixty) months of Installment Sales with interest, where the down payment that the Client initially entered in the Website or Mobile Application will be considered (in case of not having entered any amount, KAVAK will offer an average down payment), to let the Clients know which vehicles they can access with the pre-approved Installment Sales plan with interest.
KAVAK will inform the Customer in this installment sale plan with pre-approved interest, of the minimum installment they could pay for the purchase of a vehicle and the maximum value of the car they can buy. In addition, the Customer will be able to see all the cars that can be purchased according to the above conditions. The Customer will be able to modify the conditions of the installment sale with interest plan that is initially offered by KAVAK, which will give him/her the opportunity to adjust the term of monthly payments or the advance payment for the selected vehicle.
7.3 Advance payment.
The down payment will depend on the eligibility of the installment sale with interest with reservation of title that has been defined in the previous point. The minimum advance payment will be 15% (fifteen percent) of the value of the vehicle.
Interest depends on the profile of the Installment Sale with interest and reservation of title as defined in point 7.2.
7.5 Installment Sale with interest Commission fee.
The commission fee will be 4% (four percent).
7.6 Tracking system
The tracking system will be included in the cost of the installment sale plan with interest and reservation of title and will function as a monitoring system for the protection of KAVAK and the Client, and will be removed at the end of the contract.
7.7 Joint and several obligor.
The joint and several obligor will be requested of the Customer depending on his profile of Installment Sales with interest and subject to KAVAK's discretion.
7.8 Electronic Management System.
Electronic management stored in the collection system for Clients who have debts and/or have doubts regarding their Contract.
7.9 Kavak Capital Care Center.
The Customer may contact us by telephone at + 9714 339 0380 for any questions or clarifications.
It shall be mandatory for the Client to appoint a Sole Beneficiary.
7.11 Official car price guide (Kelly Blue Book, Parkers etc.)
The base price on which KAVAK's vehicle repurchases will be based on the after inspection of the vehicles.
Kavak Capital Process in case of death.
In the event that a Client dies during the process of Installment Sale and Purchase with interest and reservation of title and does not have a life insurance policy, the Beneficiary shall follow the following procedure:
a) Return of Vehicle
The Beneficiary must return the vehicle, where KAVAK will make a repurchase of the vehicle based on the inspection results and on the official price guide. Once the repurchase analysis is performed, the Beneficiary will receive the refund or remaining balance for such purchase, if that happens, so that the Beneficiary will be satisfied. Once the refund or remaining balance has been received, the beneficiary may not make further claims to KAVAK.
In the event that the Beneficiary does not return the Vehicle, KAVAK will repossess the Vehicle based on Clause Eighteen of the Hire Purchase Agreement with Interest and Reservation of Title.
b) Kavak Capital process for refund, death, default and total or partial loss.
If the Customer returns the Vehicle after 6 (six) months of signing the Contract, the refund will be made by taking the value of the vehicle from the official price guide and deducting the cost of any mechanical repairs made after the KAVAK inspection, as well as other charges that may apply, which will be detailed to the Customer.
If the refund takes place within the first 6 (six) months of signing the Contract, the calculation for the refund will be 2.5% (two point five percent) of the total value of the car per month elapsed, plus the proportional cost of the insurance, as well as the coverage offered by Kavak Total and the total monthly cost of the GPS.
If the Client dies and has an insurance policy (life and unemployment insurance or life and temporary or permanent total disability insurance), upon presentation of a death certificate and other documents, the file will be prepared for the insurance company, which in a period of no more than 45 (forty-five) business days will determine the eligibility of coverage of the unpaid balance of the Contract and with this, once the property is liquidated, the beneficiary will receive ownership of the vehicle.
If the Client dies and does not have an insurance policy (life and unemployment insurance or life and temporary or permanent total disability insurance) and has a Joint and Several Obligor, the Joint and Several Obligor may decide to continue paying the installments until the end of the contract and acquiring the ownership of the Vehicle at the end of the contract; or if he/she decides not to continue with the payment of the contract, the Beneficiary may decide whether to liquidate the remainder of the contract to keep ownership of the Vehicle or request the repurchase, which will be calculated based on the official price guide in the purchase value, minus the mechanical repairs made after the KAVAK inspection, as well as other charges that may apply, which will be detailed to the Customer.
In the event that the Customer falls into arrears, manipulates or uninstalls GPS maliciously or when there is no contact with the Customer by any means, the recovery of the Vehicle will be made based on Clause Eighteen of the Contract and once recovered the calculation will be generated based on the official price guide in the purchase value, minus the mechanical repairs made after the KAVAK inspection, as well as other charges that may apply, plus the payment of the penalty for recovery plus VAT, will determine the amount for the liquidation, repurchase for refund or collection of the remainder of the Customer.
In the event of a claim for theft or total loss due to property damage where the insurer confirms the payment of damages for any of the aforementioned concepts; the Client, after confirmation by the insurer (notice of acceptance of payment for total loss, theft or property damage) will cease to make monthly payments until the insurer settles with KAVAK, provided this settlement covers the outstanding balance to the date on which the certificate of total loss was issued, otherwise the remainder will be charged to the client by direct debit or he/she will have to make a bank transfer to pay it.
In the event that the Client suffers a loss due to theft or total loss due to property damage where the insurer confirms payment of damages for any of the aforementioned concepts and the insurer rejects that Kavak makes the payments, the Client must continue with the payments until the termination of the contract or liquidation of the same.
In all the cases mentioned in the preceding paragraphs, except in the case of death, where the Client fails to make the corresponding payments, falls into arrears and/or incurs penalties, he/she will be reported to the Credit Bureau.
Kavak Capital exclusive promotion
A one-time discount to KAVAK Capital customers of AED 187 (one hundred and eighty seven dirhams) will be made in the month of December installment, valid for up to 1,000 (one thousand) customers.
This promotion may be applied to Customers who:
1.- Receive the e-mail
2.- Complete the digital signature promotion process and can verify their identity
3.- Accept the discount of AED 187 (one hundred and eighty-seven dirhams)
4.- Finalize the process in November 2021.
KAVAK will be able to apply the discount in January 2021 if the Customer completes the process in December.
KAVAK reserves the right to make changes to this promotion at any time.
In all types of offers, the user accepts and acknowledges that the Prices established by KAVAK will be informative until the moment of signing the Contract; therefore, while the Contract has not been formalized, the Prices specified by KAVAK will be considered only as quotations that may be modified according to the particular circumstances of the Vehicle, . Prices are fixed, non-negotiable, and are based on a number of factors, including the market value of the Vehicle at the time of Inspection, as well as the cost of required repairs or as determined by KAVAK, as the case may be.
KAVAK reserves the right to adjust any Price related to the Vehicle and to communicate it to the User, prior to the conclusion of the corresponding Contract, when due to human errors in the technical data sheet attached to the Vehicle, errors on the Website or as a result of unforeseen or sudden economic variations in the market, the Price does not match the condition, technical and operating characteristics of the Vehicle.
All Prices published on the Website www.kavak.com shall prevail over any other Price, including that which may be affixed to the Vehicle or otherwise displayed thereon.
9. ADVERTISING AND PROMOTIONS
All advertising that KAVAK presents through the Platform and any other means of communication, dissemination and/or advertising, is governed primarily by the contents of these Terms and Conditions, in compliance with the provisions of the Federal Law No. 15 of 2020 concerning Consumer Protection and any other applicable regulations.
As for the promotions, these are not cumulative with other promotions, regardless of whether the latter are published by KAVAK or not. The validity of all promotions will depend mainly on the following: (i) the existence of the products that are part of each promotion; (ii) the validity of each promotion, being that each one will be valid according to the start date and end date that KAVAK determines for the same; (iii) of the limit of persons that KAVAK determines for the enjoyment of the promotion, being that, by default, all promotions are restricted to 1 (one) promotion per person; and (iv) any other restriction that KAVAK considers in the bases and conditions of each promotion, if applicable.
KAVAK will inform Users through the Platform, e-mail, and/or through any other means of communication, dissemination and/or advertising, of all promotions and discounts in force, with the respective dates, and bases or conditions.
All products are subject to availability and/or stock. The images of the banners are illustrative. KAVAK is not a licensee of the vehicle brands and has no commercial relationship with the brand owners. Prices are subject to change without notice. All Prices published on the Website www.kavak.com, shall prevail over any other price, including that which may be affixed to the Vehicle or otherwise displayed on the Vehicle.
10. HANDLING AND PROTECTION OF PERSONAL DATA
KAVAK is committed to the care of Personal Data and/or Sensitive Personal Data and is responsible for the totality of the same in accordance with the Decree-Law No. 45 of 2021 on the Protection of Personal Data, hereinafter "Data Law".
The Personal Data and/or Sensitive Personal Data that are delivered to KAVAK will be safeguarded, preserved and protected in accordance with the provisions of the Data Law and its internal policies in order to maintain the confidentiality of such Personal Data and/or Sensitive Personal Data. KAVAK has sufficient security measures for the protection, confidentiality and assurance in order to restrict access to Personal Data and/or Sensitive Personal Data to unauthorized persons, as well as the treatment of Personal Data and/or Sensitive Personal Data in contravention of the provisions of the Integral Privacy Notice. KAVAK, its employees, representatives, subcontractors, consultants, subsidiaries, affiliates and/or related companies, third party service providers duly contracted or with whom KAVAK has a business relationship and/or third parties involved in any phase of the processing of Personal Data and/or Sensitive Personal Data of the Client and/or User, will keep confidentiality with respect to these, an obligation that will subsist even after the end of the relationship between such persons and KAVAK.
The Client personal data that are collected by KAVAK during the access to the Services offered by KAVAK through its Platform, its Authorized Centers and/or Exhibition Centers, and/or any other means used by KAVAK for such purposes; or those that are collected during the access and/or use of the Platform, by the User, will be treated in accordance with the provisions of the Comprehensive Privacy Notice of KAVAK; and the use and storage of this data will be made, at all times, in compliance with the provisions of the Data Law.
It is important to mention that by accessing our services through our Mobile Application or our Website mentioned above, you authorize KAVAK to use your Personal Data for the purposes described in our Complete Privacy Notice; however, you as the Owner of the Personal Data, at all times has the right to enforce your ARCO Rights, so you can submit your request via email: firstname.lastname@example.org
Additionally, we inform you that you can consult our Integral Privacy Notice at any time through our Web Site www.kavak.com, through the following link: https://www.kavak.com/politicas-de-privacidad or requesting it directly to email@example.com.
11. INTELLECTUAL PROPERTY
All names, logos and trademarks used on the Platform are the property of KAVAK, its affiliates and/or subsidiaries, its customers or content providers and none of these elements may be used for any purpose without the express written permission of the owner of such distinctive signs. KAVAK is not a licensee of the Vehicle trademarks and has no commercial relationship with the Trademark Owners. The unauthorized use of such elements will be sanctioned in accordance with the applicable legislation. In addition, all material contained in both the Website and the KAVAK Mobile Application, including but not limited to: designs, drawings, computer programs, databases, graphic, audiovisual, photographic material, texts, inventions, models, among other Intellectual Property rights in a broad sense, are the sole and exclusive property of KAVAK and may not be used, copied, reproduced, distributed, transmitted, exhibited, sold, licensed, or otherwise exploited for any other purpose, without the prior written permission of the owner and are protected by the Federal Decree-Law No. 38 of 2021 on copyrights and neighboring rights, Federal Law No. 11 of 2021 concerning the regulation and protection of Industrial Property Rights, as well as by the laws on Intellectual Property of other countries and the International Treaties on the matter to which the UAE is a party and the absence of a declaration of ownership on certain contents does not constitute the lack of right of KAVAK to claim or enforce the rights over them. Nothing in the Terms and Conditions, nor the use of the Electronic Media grants or transfers any rights in or to the Electronic Media.
You are authorized to print a copy of these Terms and Conditions for your personal use only, and you will be responsible for any unauthorized use derived from the alteration or modification you make of any image, photo, video, photograph or audio or any graphic property of KAVAK. Any person who is caught violating the intellectual property rights of KAVAK will be punished in terms of the legislation on intellectual property, without prejudice to the actions that proceed by criminal, administrative or civil.
In addition to the foregoing, In the event that the User infringes intellectual property rights of third parties, the latter shall indemnify and hold harmless KAVAK, its employees, employees, affiliates or subsidiaries, for any claim, complaint, claim or proceeding that may be made or initiated directly or indirectly against KAVAK its employees or workers and/or its affiliated companies or subsidiaries within or outside the United Mexican States, as well as to pay the expenses, damages, damage and attorney's fees or any other they have to bear for their defense within 15 (fifteen) business days following the requirement of payment, without such payments hinder the application of the corresponding sanctions by the corresponding authority, for the infractions or offenses incurred. KAVAK reserves the right to exercise the corresponding actions before the authorities in the matter.
12. CONFIDENTIAL INFORMATION
CONFIDENTIAL INFORMATION means information so identified (as confidential) and disclosed by KAVAK and/or its affiliates, subsidiaries and/or its customers and suppliers to the User, who shall acknowledge that he/she is aware that such information received is confidential; as well as the information disclosed by the User to KAVAK, also identified and received as confidential, for the performance of the Services, in any form and medium, including but not limited to verbal, electronic, visual, written or any other tangible form, including but not limited to ideas, formulas, databases, standards, articles, studies, brochures, publications, manuals, systems, procedures, reports, technical reports, minutes, know-how, industrial secrets, patents, copyrights, software, licenses, data, inventions, algorithms, techniques, processes, marketing plans and projects, advertising, strategies, forecasts, confidential information of third parties, customer lists, contact lists, supplier lists, business plans, market analysis, market knowledge or any other technical, economic, business or other proprietary information of any of the parties, their affiliates, subsidiaries and/or customers or potential customers as well as any information relating to or related to operations, business development, product development, new project development, finance, marketing, advertising, trade promotions, logistics, promotional exchange operations or any information whose disclosure and exposure, in any form whatsoever, would in any way prejudice any of the parties and/or their affiliates, subsidiaries and/or their customers.
Both parties undertake not to appropriate, use or exploit, by themselves or by third parties, directly or indirectly, for their own or third parties' benefit and not to disclose or reveal to third parties the CONFIDENTIAL INFORMATION of their counterparty or of their clients, to which they have had, have or will have access in the future. Furthermore, both parties undertake to take all reasonable measures to prevent any prohibited dissemination and/or misuse of CONFIDENTIAL INFORMATION.
The parties may only disclose CONFIDENTIAL INFORMATION to their employees solely for the purposes for which the parties have disclosed such CONFIDENTIAL INFORMATION to each other and with whom they must have signed a Confidentiality Agreement establishing at least the same confidentiality obligations contained in this Agreement. Consequently, the parties are obliged not to disclose, divulge, seize, use or exploit it, by themselves or by third parties, directly or indirectly, without the prior consent and express written authorization of the party disclosing the information. Similarly, the User undertakes not to compete directly or indirectly with KAVAK or its customers with respect to the CONFIDENTIAL INFORMATION and/or Trade Secrets disclosed.
The User expressly acknowledges that the CONFIDENTIAL INFORMATION that KAVAK has provided or may provide in the future, may also constitute an Industrial Secret, under the terms of Article 61 of the Federal Law No. 11 of 2021 concerning the regulation and protection of Industrial Property Rights, so it is obliged not to disclose or disseminate such Industrial Secret, by any form or means and to be governed in respect thereof, of Chapter Six of the aforementioned law. The foregoing, without prejudice to the civil and/or criminal penalties that may apply for violation of Intellectual Property Rights, including the crime of disclosure of secrets, contemplated in Article 432 and other related articles of the Federal Decree-Law No. 31 of 2021 concerning the UAE Penal Code. Likewise, both parties acknowledge that the CONFIDENTIAL INFORMATION provided (past, present and future) by the other party is and shall remain the property of the latter, therefore the parties do not acquire any right, license, property or interest in respect thereof, to copy, sell, use or dispose of it in any way, expressly and exclusively limiting themselves to use it for the purposes indicated by the parties in the performance and execution of the Services.
13. DIGITAL SIGNATURES, AND NOTIFICATIONS THROUGH ELECTRONIC MEANS
The Contracts may be made valid by means of handwritten, digital or electronic signature, signing the Contract in duplicate and in original, but constituting as a whole, as the only valid agreement between the Parties, the duplicates that they have signed. Each of the Parties may send by e-mail to the other Party, the Contract that both parties entered into, scanned or in portable document format (PDF) version, as appropriate. The Parties agree that the execution of the Contracts shall be made in the forms detailed herein, and likewise acknowledge that, the execution of any Contract through the means described herein, gives rise to a binding Contract between the Parties, as of the date of signature of the contract.
All information requested by the Parties from each other, including quotations, requests and authorizations, shall be made through the following means: (i) in writing, at the addresses set by the Parties as their own, by reason of the acceptance and acknowledgement of these Terms and Conditions, and/or in accordance with what is so provided in the corresponding Contract, if applicable; (ii) in writing, through electronic messages with indubitable messages, sent and received by the Parties, and addressed to the electronic addresses that the Parties set as their own, by virtue of the acceptance and acknowledgment of these Terms and Conditions, and/or in accordance with the provisions of the corresponding Contract, if applicable; and (iii) in writing, through electronic signature platforms that the Parties agree to use, and that are linked to the electronic and/or digital contact addresses mentioned in the previous paragraphs.
The Parties agree that the data messages, information, and/or communication that are transmitted through the e-mails that each one sets as their own, by virtue of the acceptance and acknowledgement of these Terms and Conditions, and/or in accordance with the provisions of the corresponding Contract, if applicable, shall be valid and binding obligations between the Parties, and therefore shall be considered as if they had been made in writing, and shall have legal effects and full probative value to prove the communication made, in terms of the provisions of the Federal Law No. 1 of 2006 concerning Electronic Transactions and Commerce.
14. UNSOLICITED IDEAS.
KAVAK does not seek or accept unsolicited ideas, suggestions or materials relating to, among other things, the development, manufacture or marketing or processing of our products and services. By accepting these Terms and Conditions you avoid any misunderstanding about intellectual property with members of the public who send comments or ideas regarding products, services or concepts that KAVAK develops; therefore, any unsolicited ideas may or may not be used by KAVAK, without generating any relationship or remuneration with the person who sends such ideas.
15. DISSEMINATION AND USE OF MESSAGES AND COMMUNICATIONS
Material submitted to this site by Users is not confidential, except as expressly stated in the Confidential Information section. KAVAK shall have no liability whatsoever for the use or disclosure of any information that is not deemed to be Confidential Information or is otherwise publicly available.
16. NON-CORRUPTION AND MONEY LAUNDERING PREVENTION.
The Parties agree and acknowledge, on their own behalf, that in connection with the Services detailed in these Terms and Conditions, and regardless of the jurisdiction applicable to each of them, as well as to (i) their shareholder partners; (ii) their subsidiaries or affiliates; (iii) their investors; and (iv) its directors, officers, agents, members, employees, collaborators, representatives and attorneys-in-fact ("Related Parties"), each Party and its Related Parties shall comply with the terms and provisions set forth in any and all applicable and enforceable laws regarding anti-corruption and anti-money laundering prevention.
In this regard, each Party declares, under oath, that neither the Party, nor its related Parties: (i) are involved or have been involved in activities considered by Law as possible crimes of corruption and/or money laundering; (ii) have offered or granted, nor will offer or grant any advantage, of any nature, to officials and/or public servants; (iii) that all the resources, regardless of the nature thereof, with which they meet the obligations that, by reason of the signing of this Agreement, correspond to them, are their own and come from lawful and reliable sources; and (iv) that, if applicable to each of the Parties, they have anti-corruption and money laundering prevention mechanisms for the correct performance of their Parties related to their daily operations, and in relation to the provision of the Services mentioned in these Terms and Conditions; and on financial matters, currency transmission, and rules related to “know your customer”, in accordance with the provisions of the competent anti-corruption and anti-money laundering laws.
17. GENERAL PROVISIONS
a. Total and unique agreement
The present Terms and Conditions, constitute the total and only agreement between the Parties, in relation to the object indicated in the same. Therefore, it supersedes any agreement or contract entered into prior to the date of publication of these Terms and Conditions, which is related to the same object. Any modification will be published on the KAVAK Platform or KAVAK Website. Likewise, the User will be informed in his/her profile and e-mail address, and it will be understood that the User has accepted it if he/she continues accessing and/or using the Platform, and/or using and/or contracting KAVAK's Services, after the publication of such modifications.
The Complete Privacy Notice and the Agreement form part of the agreement between KAVAK and the Client and/or User, which is entered into upon acceptance and acknowledgement of these Terms and Conditions.
b. Updates and Modifications to the Terms and Conditions
KAVAK reserves the right to modify partially or totally the Terms and Conditions at any time. All modifications that are made to these Terms and Conditions will be notified to the User through the KAVAK Platform, and these will take effect from the same time they are published and/or notified.
KAVAK, in its sole discretion, reserves the right to: (i) change this Legal Statement, (ii) track and delete information provided by visitors to this site and (iii) limit or eliminate the availability of the site, at any time, without notice at KAVAK's sole discretion. If any term, condition, or provision of this Legal Statement is determined to be illegal, invalid, void or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired. This Legal Statement constitutes the entire agreement between all visitors to this KAVAK owned site.
c. Breach of the Terms and Conditions by the User.
In case of breach of any of the obligations of these Terms and Conditions, including the Contract or misuse of the Website or Mobile Application as well as any breach of applicable law, KAVAK may suspend access to the Platform, Website, Mobile Application and/or any part and/or extension thereof or delete the User's profile; without prejudice to the legal actions available in favor of KAVAK for the case in which any conduct of the User generates damage or harm to KAVAK.
The User agrees to hold KAVAK harmless for any claim, complaint, suit, lawsuit or proceeding of any kind arising from its breach and shall indemnify KAVAK for all expenses incurred for its defense, including, but not limited to, attorney fees, as well as any type of indemnification paid by KAVAK.
d. Relationship between the Parties
These Terms and Conditions represent only a civil relationship between the Parties. In addition to the above, it is expressly understood and accepted between the Parties, that KAVAK has sole responsibility for providing the Services, as specified in these Terms and Conditions and if applicable, in accordance with the provisions of the Contract, so that any direct interaction by a User, with a Buyer or Seller, with respect to a Vehicle offered and without the intervention of KAVAK, will be solely and exclusively the responsibility of the User; This will also be considered as a cause for breach of these Terms and Conditions, and if applicable, the Contract. The Privacy Notice and the Contract form part of the agreement between KAVAK and the Client or User, which is entered into upon acceptance and acknowledgement of these Terms and Conditions; consequently, the User undertakes: i) not to communicate directly with the Sellers or Buyers of a Vehicle offered; ii) not to complete transactions independently in order to avoid payments related to the Services; and iii) not to interfere in any way with the Vehicles offered by KAVAK.
In this sense, the Client or User expressly releases KAVAK, in this same act, from any liability arising from its direct interaction with a Buyer or Seller, and also agrees that KAVAK may terminate immediately and without the need for judicial or extrajudicial requirement these Terms and Conditions, the Complete Privacy Notice and if applicable, the Contract, and may cancel the User's access to the KAVAK Platform, without any liability and removing all information from the User, as well as the Vehicle published.
The Services provided by KAVAK will be available online, through the Platform, or if applicable, in person and in person at the Authorized Centers and/or Exhibition Centers or Showrooms, authorized by KAVAK, and will be in force within the United Arab Emirates, regardless that any Client or User can access the Service from anywhere else in the world. The Platform is administered and operated by KAVAK from the Republic of Mexico, so KAVAK does not warrant, expressly or impliedly, that the information and material displayed on the Platform, including without limitation the information, Services and other materials promoting the business activities, Products or Services described herein, are appropriate or available in each country where the Mobile Application, and/or any other part and/or extension of the KAVAK Platform may be visible; however, KAVAK undertakes to inform the User about the Products and/or Services available in each country or territory.
Additionally, some software of the Platform may be subject to export regulations imposed by the Government of Mexico, so it cannot be downloaded and/or copied, or exported or re-exported to the interior of (or to a citizen or resident of) a country that is under embargo by the Mexican Government, or in which the importation or downloading of such software is restricted (hereinafter "Restricted Country").
If the Customer or User downloads or makes use of the software of the Platform, he/she accepts and acknowledges, in this same act, that he/she is not a citizen, or that he/she does not reside within, or that he/she is not located in territory controlled by any Restricted Country.
19. APPLICABLE LAW
These Terms and Conditions shall be governed by the laws of the United Arab Emirates. The User declares that he/she accepts and acknowledges the scope and content of these Terms and Conditions and that these are the faithful expression of his/her will. The Parties submit, in the event of breach or interpretation of these Terms and Conditions, to the competence of the Courts of Dubai, to resolve any disputes that may arise.
To the extent permitted by applicable law, no complaint, claim or cause of action that is related to access or use of the Platform, in any of its parts and/or extensions, shall be filed after the elapsed term of one (1) year following the date on which such complaint, claim or action has been filed; the Service has been completed.
By using this Platform, whether through the Website, the Mobile Application, or any other part and/or extension thereof, You acknowledge that You understand, accept, acknowledge and agree to the Terms and Conditions expressed by KAVAK.
20. CONTACT INFORMATION
In case of any questions, suggestions and/or comments, you may contact KAVAK by e-mail on the following address: firstname.lastname@example.org.
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, WE CORDIALLY INVITE YOU TO EXIT AND NOT MAKE USE OF THIS PLATFORM, EITHER THROUGH THE WEBSITE AND/OR MOBILE APPLICATION OWNED BY KAVAK.
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