DRIVN is a business in the automotive industry that manufactures and sells aftermarket automotive accessories. This website can be accessed at drivn.ae, related mobile sites and software applications (the “Website”) and is owned and operated by DRIVN (“DRIVN”, “we”, “us” and “our”).
These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now”/”Sign up” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
The Website enables you to shop online for an extensive range of goods which may include seat covers, dash protectors, transmission covers, spare wheel covers, vehicle accessories and overland lifestyle accessories (“Goods”).
Important Notice
These Terms and Conditions apply to users who are consumers under the UAE Federal Law No. 15 of 2020 on Consumer Protection (the “Consumer Protection Law”).
These Terms and Conditions contain provisions that appear in similar text and style to this clause and which – 2.1. may limit the risk or liability of DRIVN; and/or 2.2. may create risk or liability for the user; and/or 2.3. may compel the user to indemnify DRIVN and/or 2.4. serves as an acknowledgement, by the user, of a fact.
Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask DRIVN to explain it to you before you accept the Terms and Conditions or continue using the Website.
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or DRIVN in terms of the Consumer Protection Law.
DRIVN may, in its sole discretion, change this agreement or any part thereof at any time without notice.
DRIVN permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
These Terms and Conditions are divided into four sections, as follows:
Part A – Orders and Sales;
Part B – Returns & Refunds, Privacy and Delivery Policies;
Part C – Payment Information;
Part D – General Legal Terms.
Part A – Orders and Sales
Registration and Use of the Website 1.1. Only registered users may order Goods on the Website. 1.2. To register as a user, you must provide a unique username and password and provide certain information and personal details to DRIVN. You will need to use your unique username and password to access the Website to purchase Goods.
You agree and warrant that your username and password shall: 2.1. be used for personal use only; and 2.2. not be disclosed by you to any third party.
For security purposes, you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you under these Terms and Conditions.
You agree to notify DRIVN immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
By using the Website, you warrant that you are 18 (eighteen) years of age or older and full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
You agree that you will not in any way use any device, software or other instruments to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic devices, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised DRIVN representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
You may not use the Website to distribute defamatory material, offensive material, or material to hate speech or is otherwise unlawful.
You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised DRIVN representative.
Part B – Returns & Refunds, Privacy and Delivery Policies
The provision of goods and services by DRIVN is subject to availability. In cases of unavailability, DRIVN will refund the client in full within 30 days. Cancellation of orders by the client will attract a 0% administration fee. Please refer to our Returns Policy for more information. The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
Please refer to our Privacy Policy for more information about your privacy and rights stemming from applicable legislation, including GDPR and the UAE PDPL. The Privacy Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
Subject to availability and receipt of payment, requests will be processed within 5 working days and delivery confirmed by way of email. Delivery will be handled by our designated courier partner.
Part C – Payment Information
Payment options accepted Payment may be made via Visa and MasterCard, or by bank transfer into the DRIVN bank account, the details of which will be provided on request.
Card acquiring and security Card transactions will be acquired for DRIVN via Stripe, an internationally recognised and secure payment gateway. Stripe is a PCI-DSS Level 1 certified service provider and uses the strictest form of encryption. No card details are stored on the DRIVN website. Users may view Stripe’s security policy on their website.
Customer details are separate from card details. Customer details will be stored by DRIVN separately from card details, which are entered by the client on Stripe’s secure site.
Merchant Outlet country and transaction currency The merchant outlet country at the time of presenting payment options to the cardholder is the United Arab Emirates. The transaction currency is the United Arab Emirates Dirham (AED).
Responsibility DRIVN takes responsibility for all aspects relating to the transaction, including the sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
Part D – General Legal Terms
Changes to Terms and Conditions DRIVN may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
Electronic Communications When you visit the Website or send emails to us, you consent to receive communications from us or any of our divisions, affiliates or partners electronically by our Privacy Policy.
Ownership and Copyright 3.1. The contents of the Website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trademark law. The Website Content is the property of DRIVN, its advertisers and/or sponsors and/or is licensed to DRIVN. 3.2. You will not acquire any right, title or interest in or to the Website or the Website Content. 3.3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content, contact us at sales@gcc.addoauto.com. 3.4. Where any of the Website Content has been licensed to DRIVN or belongs to any third party, your rights of use will also be subject to any terms and conditions that the licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions.
Disclaimer 4.1. The use of the Website is entirely at your own risk, and you assume full responsibility for any risk or loss resulting from the use of the Website or reliance on any information on the Website. 4.2. While DRIVN takes reasonable measures to ensure that the content of the Website is accurate and complete, DRIVN makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. 4.3. DRIVN disclaims liability for any damage, loss or liability, whether direct, indirect or consequential, arising out of or in connection with your access to or use of the Website and/or any content therein, unless otherwise provided by law. 4.4. The Website itself and all information provided on the Website are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law. 4.5. Any views or statements made or expressed on the Website are not necessarily the views of DRIVN, its directors, employees and/or agents. 4.6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, DRIVN also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which can corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which can corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of DRIVN, its employees, agents or authorised representatives. DRIVN thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.
Limitation of liability 5.1. DRIVN cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of DRIVN, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to sales@gcc.addoauto.com. 5.2. DRIVN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; AND/OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE. 5.3. YOU HEREBY INDEMNIFY DRIVN AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE.
Availability and termination 6.1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you. 6.2. DRIVN may, in its sole discretion, terminate, suspend and modify this Website, with or without notice to you. You agree that DRIVN will not be liable to you if it chooses to suspend, modify or terminate this Website, other than for processing any orders made by you before such time and to the extent possible. 6.3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
Governing law and jurisdiction 7.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted by the laws of the United Arab Emirates as applicable in the Emirate of Dubai. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the Dubai courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions. 7.2. In the event of any dispute arising between you and DRIVN, you hereby consent to the non-exclusive jurisdiction of the courts of Dubai. 7.3. Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of applicable consumer protection laws.
Notices 8.1. DRIVN hereby selects compliance@drivn.ae as its email address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“nominated address”). As DRIVN does not maintain a physical address for service, all notices to DRIVN must be sent to this email address. DRIVN may change this address from time to time by updating these Terms and Conditions. 8.2. You hereby select the address specified on the Goods order form as your nominated address, but you may change it to any other physical address by giving DRIVN not less than 7 days’ notice in writing. 8.3. Notices must be sent either by hand, prepaid registered post, or email and must be in English. All notices sent – 8.3.1. by hand will be deemed to have been received on the date of delivery; 8.3.2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting; 8.3.3. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
