PartsMarket.ae Terms of Service

Terms and Conditions applicable to a supplier (seller) of automotive parts using Parts Market

These terms and conditions are the contract between you and Parts Market ("us", "we", etc). By visiting or using Our Website, you agree to be bound by them.

Parts Market is a trade name of PARTSMARKET LABS DMCC, whose address is at Office 214 Churchil Towers, Business Bay, Dubai. We can be contacted by post at the stated address or by email at info@partsmarket.ae

Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using Our Website or the services immediately.

These Terms and Conditions were last updated on 1/06/2019.

Definitions

“Content”	Means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content such as advertising material, and all other product or service related material Posted by you.
"Post"	Means place on or into Our Website any Content or material of any sort by any means.
“Quote”	Means quotes provided for automotive parts offered for sale by you through Our Website.
“Supplier”	Means you, a person or organisation who has registered on Our Website with an interest in providing quotes for automotive parts offered for sale through Our Website.
“Product" and "Your Product”	Mean the automotive parts you offer for sale through Our Website.
“"Our Service"”	Means the service we provide to enable you to offer Your Product here.
“Our Website”	Means any website of ours, and includes all web pages controlled by us.

The relationship between us is solely that:
1. In consideration of subscription and commission fees charged by us, we provide for you an online platform as an arms length contractor;
2. We are not your partners or joint venturers.
If you offer a Product for sale by placing a Quote through Our Website, you do so subject to these terms.
In order to place a Quote, you will be asked to register with us and provide certain information about your business.
You must ensure that the information provided by you is correct, complete and not misleading
You should also inform us promptly of any changes to the information that you provide, by updating your details, in order that we may communicate with you effectively
We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made.
Although we are not a party to your contract with a customer introduced to you via Our Website, we shall ceased your use of Our Service if a customer or site visitor has a valid complaint against you
Subject to this agreement and to the procedures set out in Our Website, you may offer a Product for sale by submitting a Quote on Our Website

Our contract
1. When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password.
2. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
3. You agree that you have provided accurate, up to date, and complete information about your business. We are not responsible for any error made as a result of such information being inaccurate
4. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account
Your business account and information

The relationship between us is solely that:

In consideration of subscription and commission fees charged by us, we provide for you an online platform as an arms length contractor;
We are not your partners or joint venturers

If you offer a Product for sale by placing a Quote through Our Website, you do so subject to these terms.

In order to place a Quote, you will be asked to register with us and provide certain information about your business.

You must ensure that the information provided by you is correct, complete and not misleading

You should also inform us promptly of any changes to the information that you provide, by updating your details, in order that we may communicate with you effectively

We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made

Although we are not a party to your contract with a customer introduced to you via Our Website, we shall ceased your use of Our Service if a customer or site visitor has a valid complaint against you.

Subject to this agreement and to the procedures set out in Our Website, you may offer a Product for sale by submitting a Quote on Our Website.

Your business account and information
When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password
You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
You agree that you have provided accurate, up to date, and complete information about your business. We are not responsible for any error made as a result of such information being inaccurate.
You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
Our Website service to you
Parts Market is an online platform which connects you to customers registered with Our Website.
We will send you automotive parts requests by customers registered on Our Website.
You will only provide Quote to customers request that are accurate, current, complete and include all relevant information about warranty, terms and/or payment terms
You will only provide a quote for the request if you can fulfil the request.
Parts Market is not responsible for the fulfilment of your contract to sell a Product.
You agree that a Quote offered by you is a firm and binding contract as soon as your Quote has been accepted by a customer
Products may be offered for sale subject to any discount or promotion arranged between us and you.
Subject to discounts and promotions, Products are offered for sale at a price and will be binding upon the acceptance of the Quote by a customer. VAT may be due and will be excluded in the price if applicable.
Products will be offered for sale and sales made, subject to the terms and conditions applicable to customers. You accept and endorse these terms and agree to comply in all respects with the corresponding obligations of a Supplier. You may view the customer's conditions on Our Website at any time
You agree that you will only use any information concerning any customers which you obtain via Our Website, for verification of the details, contacting the customer for clarification, and for fulling the Product delivery if your Quote has been accepted
You also agree to keep any such information secure and to comply with all applicable laws concerning privacy and data protection in relation to your use of that information.
We are continually seeking to develop and improve the services we offer on Our website and so we reserve the right, at our absolute discretion, to make changes to any part of Parts Market service without notice
Feedback
You acknowledge and agree that customers who have received your Product will be able to provide feedback.
While we have asked all customers to act responsibly, we do not actively monitor, check or verify feedback which is posted
Accordingly, you acknowledge and agree that Parts Market shall not have any responsibility to you or liability to you for any feedback which is posted by any customer.
You may if you feel that the feedback is misleading or libellous, contact us and we will investigate but we shall not be obligated to take any action.
Our subscription and commission fees
We provide Our Service to you, subject to these terms and the requirements we set out on Our Website from time to time
Subscription and commission fees specified in Our Website are in United Arab Emirates Dirhams and exclusive of VAT. Fees are as set out in Schedule
Our subscription fees to be paid monthly and non-refundable irrespective of whether you have received any request.
You irrevocably authorise us to renew your subscription automatically every month and that the fee will be automatically charged to you, unless you have notified us before the renewal date that you do not wish to renew your subscription.
Our commissions are payable based on the following conditions

If a customer pays through the platform, the commission fee is automatically deducted from the payment.
If a customer does not pay through the site, the commission fee is payable upon the acceptance and completion of a Quote requested by a customer. Our commission fees are to be paid monthly.
By the 20th of the month following the date of invoice;
Electronically in cleared funds without any set off or deduction

You authorise us to collect all such payments immediately on the date they become due

In the event that we are unable to collect the subscription and commission fees from your designated payment method, or (where applicable) you have failed to pay any invoice submitted by us by the due date, then Parts Market reserve the right to take action against you to recover outstanding debt.

You are liable for all expenses (including but not limited to court costs, legal fees, collection agency fees and a $40 administrative fee) that Parts Market incurs in collecting that debt.

We may charge interest on overdue amounts. Interest will be calculated from the due date to the date of payment (both inclusive) at an annual percentage rate equal to the corporate overdraft reference rate (monthly charging cycle) applied by our primary trading bank as at the due date (or, if our primary trading bank ceases to quote that rate, then the rate which in the opinion of the bank is equivalent to that rate in respect of similar overdraft accommodation expressed as a percentage) plus 2% per annum.

Where our commission is based on a percentage of the accepted Quote value which includes freight and VAT , you may not reduce the Quote offered to the customers in order to reduce our commission. If we believe that you do so, we may immediately cease to deal with you and terminate your account

All fees and commissions charge by Parts Market are to be considered a business cost and are not to be passed on directly to the customers. If we believe that you do so, we may immediately cease to deal with you and terminate your account.

We may increase the fees by giving at least 30 days’ notice. If you do not wish to pay the increased fees, you may terminate these Terms and Conditions and your right to access and use of Our Service on no less than 10 days’ notice, provided the notice is received by us before the effective date of the fee increase. If you do not terminate these Terms and Conditions and your right to access and use of Our Service in accordance with this clause, you are deemed to have accepted the increased fees.

How we handle your Content
If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
You now irrevocably authorise us to publish feedback, comments and ratings about Your Product and your activity through Our Website, even though it may be defamatory or critical
We will use that licence for commercial or non-commercial purposes and without any compensation to any person or entity
You acknowledge your understanding that customers are able to post their experience about Your Product and your activity and you can response to the post on Our Website and that such response will be visible to other users of Our Website.
Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
You understand that you are personally responsible for your breach of someone else's intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
Please notify us of any security breach or unauthorised use of your account.
Restrictions on what you may Post to Our Website
We invite you to Post Content to Our Website for marketing your services and in other ways. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law.
We do not undertake to moderate or check any item Posted.You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
1. Be unlawful, or tend to incite another person to commit a crime
2. Be obscene, offensive, threatening, violent, malicious or defamatory
3. Be sexually explicit or pornographic
4. Be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
5. Use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement.
Your Posting: restricted Content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.In addition to the restrictions set out above, a Posting must not contain
1. Hyperlinks, other than those specifically authorised by us;
2. Keywords or words repeated, which are irrelevant to the Content Posted.
3. The name, logo or trademark of any organisation other than yours
4. Inaccurate, false, or misleading information
5. Material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18 years old.
Removal of offensive Content
1. For the avoidance of doubt, this paragraph is addressed to any person who visits Our Website for any purpose.
2. We are under no obligation to monitor or record the activity of any User of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
3. If you are offended by any Content, the following procedure applies
4. Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email
5. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit
6. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
Security of Our Website
If you violate Our Website we shall take legal action against you.You now agree that you will not, and will not allow any other person to:
1. Modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it
2. Link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
3. Download any part of Our Website, without our express written consent;
4. Collect or use any service listings, descriptions, or prices
5. Collect or use any information obtained from or about Our Website or the Content except as intended by this agreement
6. Aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Services
7. Share with a third party any login credentials to Our Website.
8. Despite the above terms, we now grant a licence to you to:
  1. Create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
  2. You may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide
Termination of your account
1. We may suspend or cancel your access to Our Website and our agreement with you at any time and at our sole discretion
2. If you breach any term of this agreement
3. If you are alleged to have acted in a way which is or could be detrimental to our service or reputation.
4. Subscription fee is not refundable upon termination of your account.
Copyright and other intellectual property rights
1. All Content on Our Website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of services for sale. It is all protected by international copyright laws.
2. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement or with our written consent
3. For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.
4. By using Our Website you acknowledge and agree that we collect aggregated and anonymised data concerning usage of Our Website.
5. You agree that all intellectual property rights and other rights in such data shall belong to Parts Market and we may use this data for any purpose whatsoever
6. However, this data will not include any information from which you can be identified.
Interruption to Our Service
1. We give no warranty that Our Service will be satisfactory to you
2. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of Our Service for repairs, maintenance or other good reasons. We may do so without telling you first.
3. You acknowledge that Our Service may also be interrupted for reasons beyond our control
4. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to Our Service.
Your indemnity to us
You agree to indemnify us against all loss and expense, including legal fees and management time related in any way to:
1. A claim by any person in respect of any Product
2. Protecting the reputation of our business by our making a payment to a customer of yours in circumstances where you have failed to make that repayment or otherwise comply with your contract with that customer
3. Any cost to us arising from a decision by us to comply as your agent, with any obligation of yours, whether or not we have your permission, arising out of any regulation or law, including
  1. The deletion or amendment of any text or other content you have placed on Our Website;
  2. Any payment we make on an ex gratia basis, arising from a contract between you and a customer;
4. Legal or other fees we incur in defending a claim or the imposition of a fine or penalty;
5. Our management time in dealing with any failure or alleged failure by you to comply with any relevant regulation or law.
Our disclaimers
1. We are not responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss whatever.
2. We do not provide any guarantee that registering with Our Website will result in you being selected for any automotive parts request or any particular volumes of automotive parts request.
3. We do not verify the details of the customer automotive parts request which are send to you from Our Website
4. Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
5. We are not liable in any circumstances for damages resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.
6. Parts Market website and Parts Market services are provided "as is". As to Our Website and Our Services, we make no representation or warranty of any kind, express or implied, including, without limitations, warranties:
  1. As to fitness of Our Website and Our Service for a particular purpose;
  2. As to availability and accessibility, without interruption, or without error;
  3. Any obligation, liability, or remedy in tort whether or not arising from our negligence
  4. You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a customer.
Miscellaneous matters
1. You undertake to provide us your current land address, e-mail address, telephone and fax numbers as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
2. So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms
4. For the purposes of the Privacy Act 1993 as amended you agree to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country in any part of the World.
5. If you are in breach of any term of this agreement, we may:
  1. Publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
  2. Remove or edit Content, or cancel any order at our discretion
  3. Issue a claim in any court.

Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future
When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
Any communication to be served on either of us by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. Take care before agreeing to accept service by e-mail. It may be convenient, but you could miss or accidentally delete the message.

In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation
This agreement does not give any right to any third party
We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute.
In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
The validity, construction and performance of this agreement shall be governed by the laws of United Arab Emirates

Schedule 1: Fees

The subscription and commission fees in United Arab Emirates Dirahms (AED) are set out in the below table:

Fee type	Fee
Monthly subscription	Free use until further notice
Commission per accepted Quote and calculated against the sum of selected Product price, freight charge and VAT.	As per Agreement with each supplier