ULTIMATE MOTORS APPLICATION TERMS OF USE
These Terms of Use apply to all persons using the Ultimate Motors App (the “App”), as well as the services provided through the App by Ultimate Motors LLC, the authorised dealer for Lamborghini Abu Dhabi & Dubai, with its head office at Sheikh Zayed Road, Exit 41, Dubai, UAE, PO Box 393030 (“Ultimate Motors”) (the “User”). The services offered by Ultimate Motors through the App allow the User to create an account, view and manage their profile and vehicle information, browse and reserve pre-owned vehicles, schedule service appointments, purchase service contracts, request roadside assistance, request vehicle recovery and drop-off, browse merchandise/accessories and create a wishlist, receive support and provide feedback, access the company’s websites via a link (the “Services”). By downloading the App and using these Services, the User declares to have read, understood and accepted the Terms of Use of the App (jointly, the “Terms”).
These Terms, together with the Privacy Policy, which forms an integral part of these Terms, governs the use of the App by the User.
1. EXECUTION OF THE TERMS
The User may download the App from the available app stores (e.g., App Store and Google Play) to install and use the App on mobile devices, such as smartphones and tablets. By downloading the App and, in accordance with the app store from where the App is downloaded, clicking on the “Install” button or similar, the User signals their intent to enter into these Terms.
To complete the registration process and consequently activate the App, the User shall receive a link by way of an e-mail message sent to the e-mail address provided by them, which is aimed at confirming the User’s e-mail address and completing the registration. The User shall be able to activate the App at any time by clicking on this link; however, it is important to note that the User shall not be able to access any Services until they have confirmed the registration in the foregoing manner. These Terms shall be deemed as entered into at the moment and place where the User confirms the registration. By means of this conduct, and by using the Services, the User expresses their acceptance of these Terms. In the event that the User does not intend to accept these Terms, they are requested not to download the App, confirm the registration and/or use the related Services.
2. ACCESS AND USE OF THE APP AND SERVICES
In the event that the User completes the registration, they shall have access to the Services through mobile devices. During the registration process, the User shall provide their personal data, including, without limitation, full name, mobile phone number, e-mail address and Emirates ID, which are processed through the App in accordance with the terms of the Privacy Policy.
Pursuant to the General Data Protection Regulation n. 679/2016 (“GDPR”) and the UAE Federal Decree Law No 45 of 2001, Lamborghini, in its quality of Data Controller and Ultimate Motors LLC, also in its quality of Data Controller, will process your personal data in compliance with applicable laws.
Access to and use of the Services, as well as the registration for access to and use of the App, are free of charge; however, use of the App requires an internet connection through either a mobile data or wireless network. Data charges by network providers may apply. The User is able to share their location through the App by way of the GPS system on their mobile device. Standard fees applicable to the use of this system may be charged by third parties. The User shall assume sole responsibility for any fees, costs or expenses incurred by third parties.
The User hereby commits to provide true, accurate, and complete information (the “Information”) through the App and to ensure that the Information is kept up to date. The User shall assume sole responsibility for any damages suffered as a result of any false, inaccurate or incomplete Information provided. In the event that the User becomes aware that the Information provided to Ultimate Motors during or after the registration is incorrect, the User shall be able to modify the Information in the relevant section of the App.
The User is granted a license for the use of the App. The App is not sold to the User and is to be solely used in accordance with these Terms.
The User hereby commits to the use of the Services in accordance with their technical characteristics and specifications, in compliance with the provisions of these Terms, and in accordance with applicable laws, regulations and practices. The User also hereby commits to immediately notify Ultimate Motors of any violations or unauthorized use of the App from their mobile devices. Ultimate Motors disclaims any responsibility for any damages suffered by the User as a result of the use of the App by third parties, as well as the improper, unauthorized or illegal use of the App. In the event of any violations of the foregoing, Ultimate Motors may, at its sole discretion, cancel, remove or modify the Information, suspend or terminate the provision of the Services, and perform any other action that it deems appropriate at any time.
Ultimate Motors cannot guarantee continuous and uninterrupted access to the App and, consequently, to the Services, which may be affected by factors beyond its control. Access to the App may be suspended and/or interrupted at Ultimate Motors’ discretion for reasons, including, without limitation, technical, business, force majeure or unforeseeable circumstances without any liability towards the User.
The User acknowledges and accepts that the Services provided by Ultimate Motors through the App are meant exclusively for personal and non-commercial use.
Under these Terms, Ultimate Motors hereby grants the User the non-exclusive, non-transferable, non-sublicensable, royalty-free right to install and use the App for access to the Services offered through the App by Ultimate Motors.
The App and its content are intended for users over the age of 18 in accordance with the UAE law. Users under the age of 18 are prohibited from downloading or using the App and the Services. The User assumes sole liability for any consequences suffered as a result of any false, inaccurate, or incomplete information in relation to their age. In the event that Ultimate Motors has reasonable grounds to believe that the User has provided any false, inaccurate or incomplete information in relation to their age, Ultimate Motors may disable or block access to the App without any prior notification.
3. DURATION OF THE TERMS
These Terms have no fixed duration and remain valid for as long as the App is used by the User or the period in which the App is made available by Ultimate Motors to the User.
4. WITHDRAWAL FROM TERMS
The User may withdraw from these Terms at any time by deleting the App from their mobile devices. Notwithstanding the deletion or disabling of the App from any mobile device of the User, the User shall remain bound by the obligations set out in these Terms, including, without limitation, the User’s liabilities, representations, warranties and undertakings. For the avoidance of doubt, Ultimate Motors disclaims liability for the termination of access to the App by the User.
In the event that the User is in breach of any of its obligations set out in these Terms, Ultimate Motors reserves the right to withdraw from these Terms with immediate effect. To avoid doubt, Ultimate Motors disclaims liability towards the User or third parties for the termination of the App and/or Services as a result of the breach of the User's obligations set out in these Terms.
5. EXCLUSION OF WARRANTIES
To the extent permitted by the applicable law, Ultimate Motors does not provide any warranty, expressed or implied, in relation to the App, which is provided “as is” and “as available”. Ultimate Motors does not make any representation or warranty of any kind in relation to the App’s quality, reliability, accuracy, functionality, or suitability for a particular purpose.
Except where it is expressly stated in these Terms, Ultimate Motors or its partners do not provide any specific warranties in relation to the App or the Services.
Notwithstanding Ultimate Motors’ efforts to provide the User with an outstanding customer experience, Ultimate Motors cannot guarantee that the provision of the Services through the App shall be uninterrupted, timely, safe, secure or error-free, that the App is free of viruses or malware, or that any issues within the App shall be rectified.
Ultimate Motors does not make any representation, guarantee or warranty that the use of the App shall be uninterrupted or without errors or omissions. Ultimate Motors hereby excludes any liability for errors or interruptions in the Services. The User shall not be entitled to damages or compensation, except for the liability that cannot be excluded by law.
Ultimate Motors reserves the right to change, modify or update the App and the Services at its discretion.
6. REPRESENTATIONS AND WARRANTIES OF USERS
By using the App, the User hereby represents, warrants and agrees that:
- the use of the App and the Services is carried out at the User’s sole choice, discretion and risk;
- the personal data provided by the User to Ultimate Motors for the use of the App and the Services shall be processed in compliance with the Privacy Policy;
- they shall assume sole responsibility for the networks and services required for the use of the App and the Services, and Ultimate Motors disclaims liability for any issues in relation to such networks and services;
- they shall provide true, accurate and complete Information through the App and assume sole liability for the truthfulness, accuracy and completion of the Information, as well as for any damages caused as a result of the non-compliance of this obligation.
- they shall assume sole responsibility for the use of the App and the Services through their own devices.
7. LIMITATION OF LIABILITY
Under circumstances of any kind, Ultimate Motors shall not be held liable for the accuracy of the information provided by the User through the App and the Services. The use of the Services is entirely at the User’s risk. Furthermore, the User shall assume sole responsibility for the specific means by which they use the Services governed by these Terms. To the extent permitted by the applicable law, Ultimate Motors disclaims liability for any direct, indirect or consequential damages, including loss of profits, interruption of business, loss of business information, or any other financial losses, in addition to losses arising from or in connection with the use or misuse of the App or the Services.
Ultimate Motors’ liability for losses or damages suffered as a result of the App and the Services shall be limited to the deletion of the content or material resulting in those losses/damages within a reasonable amount of time.
In the event of any security breaches to the app, e.g., hacking, Ultimate Motors disclaims liability for any damages, losses or modifications caused to the User or third parties.
Ultimate Motors disclaims liability for any losses or damages suffered as a result of the lack of continuity, availability, reliability or usability of the App or the Services.
Ultimate Motors disclaims liability for any non-compliance, losses or damages caused by third parties with whom Ultimate Motors engages for the provision of specific services.
The App has not been designed to be used while driving. Ultimate Motors disclaims liability for any losses or damages suffered by the User or third parties as a result of the User’s willful misconduct or negligence in relation to this provision.
In the event that the applicable law does not allow the full exclusion or limitation of warranties and/or liability towards the Users, the limitations set out in these Terms shall apply to the extent permitted by the applicable law.
By using the App, the User warrants to accept the application of the UAE law. Ultimate Motors cannot guarantee, in any way, that the content of the App complies with the laws and regulations in force in other countries. The User assumes sole responsibility for the breach of any prohibitions.
8. THIRD-PARTY SERVICES
The app may contain links or features that direct the User to third-party content or services for the User’s convenience. Ultimate Motors does not endorse or evaluate the third-party content or services that may be accessed by the User. Ultimate Motors disclaims any liability in relation to the quality, reliability, accuracy or functionality of the third-party content and/or services, in addition to any transactions that the User may enter into with the providers of the third-party applications.
9. LINKS AND MALWARE
Notwithstanding Ultimate Motors periodically reviewing the content of links contained within the App, Ultimate Motors disclaims responsibility for the content contained within those links, and the User assumes sole responsibility for the use of the content contained within the links. In furtherance of the above, Ultimate Motors cannot guarantee that the App is free of viruses or malware.
10. AMENDMENTS
Ultimate Motors reserves the right to unilaterally update or modify these Terms or the App’s functionalities, in full or in part, and at its discretion, which shall take effect from the moment of their publication. Ultimate Motors shall provide reasonable prior notice to the User for any changes to these Terms, and they shall be requested to accept the changes. Such changes are not binding upon the User until they are accepted, either expressly or by subsequent use of the App. In the event that the User does not intend to accept any changes, the User is able to uninstall the App without being bound by the changes.
11. INDEMNITIES AND COMPENSATION FOR DAMAGES
By using the App and the Services, the User shall indemnify and hold Ultimate Motors harmless from and against any demands, claims, liabilities, costs and expenses of any kind, including, without limitation, legal fees and expenses arising from or in connection with the User’s violation or failure to comply with any provided guarantees or provisions set out in these Terms or the applicable law, in relation to their use of the App or the Services.
12. NOTIFICATION OF VIOLATIONS
Any abuse or use of the App that is illicit, unauthorized or contrary to these Terms and/or the applicable law must be reported to Ultimate Motors by email at info@ultimatemotors.com, including any unlawful or unauthorized use of the User’s device in relation to the App and the Services by third parties.
13. SEVERABILITY
In the event that any clause set out in these Terms shall be deemed invalid, illegal, or unenforceable, the remaining provisions set out herein shall remain in full force and effect.
In the event that any clause set out in these Terms is or becomes illegal, invalid or unenforceable in any country, this shall not affect the validity and enforceability of that provision in other jurisdictions.
14. SEVERABILITY
These Terms are governed by the UAE law. The Parties shall make all reasonable attempts for the amicable resolution of any disputes arising out of or in connection with these Terms, failing which, without limitation, the breach, termination, or validity of these Terms shall be subject to the exclusive jurisdiction of the Dubai Courts, with the sole exception of the Dubai International Financial Centre (“DIFC”) Courts.
15. INTERPRETATION
This Agreement has been executed in the English language. In the event that any discrepancy or conflict arises between the English and any translated version of these Terms, the English version shall prevail.
16. ASSIGNMENT
The User is not permitted to transfer any of their rights or obligations set out in these Terms to any third party.
17. PRIVACY POLICY
All information in relation to the processing of personal data that the User provides to Ultimate Motors for completing the registration process or during the use of the App is contained in the Privacy Policy.
18. MISCELLANEOUS
Any omission or failure by Ultimate Motors to exercise its own rights as a result of any breach by the User of any clauses set out in these Terms shall not, in any manner, be considered as a waiver of those rights in connection with any subsequent breaches or any other failure to comply with other clauses set out in these Terms.
Nothing contained in these Terms shall be construed or interpreted as constituting a partnership between Ultimate Motors and the User.