Mytyre - The Complete Car Care Application

Terms and Conditions

Welcome to Mytyre

THIS LEGAL AGREEMENT BETWEEN YOU AND MYTYRE GOVERN YOUR USE OF THE MYTYRE PRODUCTS, SOFTWARE, SERVICES, MOBILE APPLICATION AND WEBSITES (COLLECTIVELY REFERRED TO AS THE “PLATFORM”). IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING "AGREE," YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE PLATFORM.

DEFINITIONS

Consumer: means an Individual person and an authorised person of a business entity, who has signed up and is registered a consumer with Mytyre for the use or potential use of the listed Service.
Service: offering services related to automobile industry like vehicle services, sale of vehicle product, sale of used car, vehicle related products, vehicle maintenance, vehicle servicing, insurance, etc. and connect motor vehicle owners and Automobile Service Providers.
Service Provider: register entities under Service Provider category and offering and Providing Auto related services like sale, service, maintenance, repairing garage.

GENERAL

Mytyre is an incorporated company under DMCC Dubai, United Arab Emirates and provides a web-based Marketplace platform that as an interface uses the latest innovative technology that helps Customer to connect with automobile Service Providers in the market through effortless search. It helps the Customer to discover the essential car services and auto accessories of recommended products and brands. The optimized search engine leads to the nearest location for all necessity related to car assistance. With the modernized technology, can be tracked car’s timeline, on road assistance, wide range of product tyres and insurance renewal portal. The updated technology of Mytyre is designed to revolutionize the automotive industry which helps in putting forward a healthier connection with the customers. Mytyre helps in enhancing the business of automotive sector in UAE by providing customer-oriented facilities. Also, the features like price comparison helps cherry-pick the best product suitable for your price range, web App and website which permits you to utilize certain Internet services, by other organization (linked with Mytyre) only the terms and conditions set forth in this Agreement.

Introduction

These are the terms and conditions governing your (User) access to and use of the Mytyre and its related sub-domains, Mobile App, sites, services, and tools (Platform). By accepting these terms and conditions and by using the Platform, you represent that you agree to comply with these terms and conditions with Mytyre ("we", "us" or "Mytyre") in relation to your use of the Platform . This User Terms is effective upon acceptance. If you do not agree to be bound by this User Terms please do not access, register with, or use this Platform. Before you may become or continue as a member of the Platform, you must read, agree with, and accept this User Terms and Mytyre's Privacy Policy (the "Privacy Policy"). You should read this User Terms and the Privacy Policy and access and read all further linked information referred to in this User Terms, as such information contains further terms and conditions that apply to you as a User of Mytyre. Such linked information including but not limited to the Privacy Policy is hereby incorporated by reference into this User Terms.

Eligibility for Membership

The Service is only available to Individual Customer and Companies to use or provide the Service. You cannot be a company or person barred from receiving the Service under the laws of the United Arab Emirates or other applicable jurisdictions, including the country in which you reside or from where you use the Service. Mytyre wishes to ensure that its members can form legally binding contracts. Therefore, membership of the Platform is not available to persons under the age of twenty-one (21) years. By accepting this Agreement, you represent that you understand and agree to the foregoing. Mytyre reserves the right to limit or withdraw access to the Platform or the membership of any user or account holder of Mytyre believes that person is not representing the business entity. The Platform is not available to user whose membership has been suspended or withdrawn by Mytyre. No User may register as a member of the Platform more than once.

Your Account and Registration Obligations:

When you register as a member of the Platform you have been or will be required to provide certain information and register a username and password for use on this Platform. On becoming a member of the Platform, you agree: You are responsible for maintaining the confidentiality of and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify Mytyre of any unauthorized use of your password or account or any other breach of security. In no event will Mytyre be liable for any direct, indirect, or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You further acknowledge and agree that the Service is designed and intended for business entity use on an individual company basis and you should not share your Account and/or password details with others. You may not use another account at any time, without the express permission of the account holder. You agree to reimburse Mytyre for any improper, unauthorised or illegal use of your account by you or by any person obtaining access to the Platform, services or otherwise by using your designated username and password, whether or not you authorised such access. You will provide true, accurate, current, and complete information about yourself as prompted by Mytyre's registration form. You will maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if Mytyre has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Terms, without prejudice to any other rights and remedies of Mytyre under this User Terms or at law, Mytyre has the right to indefinitely suspend, limit or withdraw your access to the Platform and/or your membership of the Platform. Mytyre may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, your Company information or documentation may include your trade license, other incorporation documents and/or documentation showing any person's authority to act on company behalf. You agree to provide any information and/or documentation to Mytyre upon such requests. You agree that any sort of wrong and illegal act you may be liable under Cyber security laws and other applicable criminal and Civil laws. You acknowledge and agree that if you do not, Mytyre without liability may limit, suspend, or withdraw your access to the Platform and/or your membership of the Platform. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time. If your use of the Service or other behaviour intentionally or unintentionally threatens Mytyre’s ability to provide the Service or other systems, Mytyre shall be entitled to take all reasonable steps to protect the Service and Mytyre’s systems, which may include suspension of your access to the Service. You agree that your Account is non-transferable.

Access to Your Account and Content

Mytyre reserves the right to take steps Mytyre believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that Mytyre may, without liability to you, access, use, preserve and/or disclose your Account information and Content to law enforcement authorities, government officials, and/or a third party, as Mytyre believes is reasonably necessary or appropriate, if legally required to do so or if Mytyre has a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Mytyre, its users, a third party, or the public as required or permitted by law.

Category of Service Provider

All registered Service Providers are categorized into the following tiers:

Gold

Silver

Bronze

Mytyre has the sole discretion of approving category and we can amend it any time without any consent from Service Provider or any other party.

Trade

When you place an order through our platform, it needs to be accepted by us and the Service Provider before it is confirmed. We will send you a notification if your order has been accepted. The contract for the Service or if its related to delivery of product or any Item you have ordered comes into existence when we send the Confirmation Notice. You are responsible for paying for all Items or Services ordered using your account. All Items and services are subject to availability. Service Provider decides their own operating hours. That means that the availability of Service, depends on the Service Provider.

Delivery

When you as a Buyer place an order, item will be delivered you as soon as possible by our Delivery partners, you must therefore be available to accept the delivery. You as a Customer agree that we will provide you delivery service by our Delivery Partners and we have appointed them for delivery, any kind of default and negligence from Delivery Partner, the Delivery Company will be liable for any kind of damages, User can claim for Delivery Partners for their default or negligence in delivery service, MYTYRE doesn’t take any guarantee of delivery service provided by Delivery Partners.

Services

Mytyre provides flowing services on Platform:

…….

Refund Policy

Refunds will be done only through the Original Mode of Payment. Once you made your payment, it’s not possible to refund your payment for your service refund policy also depends on Service Provider’s condition. We will provide 100% refund of your payment only if the service has been cancelled within 2 hours of order time of Service.

Once the valet or diagnosis service has begun and the customer rejects or cancels the estimate or order completely, the customer would have to pay for the valet and diagnosis fees separately for the release of his vehicle. In case of a dispute where the Service Provider is unable to provide a refund or a replacement, MYTYRE will actively work towards reaching a resolution and MYTYRE’s decision will be final and obligatory.

Charges and Payment conditions

Price of the Service and product will be decided by the Service Provider. You confirm that Prices can also change at any time before the order at the discretion of the Service Provider. Delivery charges will be notified to you during the order process before you complete your order. The total price of your order will be set out on the checkout page on Platform, including the prices of Service and Items and Delivery and applicable Service fees and taxes. You agree that Mytyre will send you a receipt by email or text message, and/or through the application. This electronic receipt is sufficient for all purposes, including any specific requirements under applicable law.

All amounts payable by Customer must be received in full prior to commencement of Service. Customer will be responsible for the payment of any present or future sales, use, VAT, or other similar tax applicable to the services. Taxes will be applied on the Services according to the law of jurisdiction.

Payment for all Items and deliveries can be made on our platform by credit or debit card, or other payment method made available by MYTYRE. Prices is included VAT. Once your order has been confirmed your credit or debit card will be authorized and the total amount marked for payment (in respect of all payments made by credit or debit cards). Payment is made directly to us acting as an agent on behalf of the Service Provider only. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Service Provider. Charges paid by you are final and non-refundable, unless otherwise determined by us.

Where COD (cash on delivery) is also possible on certain Services, this will be made clear on our Platform before you place your order. We are authorized by our Service Provider to accept payment on their behalf and payment of the price of any Items or delivery charges to us will fulfil your obligation to pay the price to the Service Provider and COD will be controlled by Service Partners.

Customer understand that use of the Services may result in fees to you for the Vehicle Services you receive from a Service Provider for their services and may include various service charges, repair charges, product charges or any other charges. At the time you schedule a Work with Service Provider we will send a notification to you and Service Provider and we will record your preferred payment method information and validate your payment information. You authorize the payment of Charge(s) according to your preferred payment method information, or, if applicable, the payment of a cancellation fee if you cancel the Work. You agree not to make any alternative payment arrangement with the Service Provider who performs the Job. While we will use commercially reasonable efforts to ensure the security of all credit, debit cards and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.

Customer agrees that If a Service Provider changes the Vehicle Services needed, or adds additional Vehicle Services, you authorize the payment of updated or modified Charges. If the Service Provider’s Mechanic determines that your car requires services other than the Vehicle Services you specified in your original request or that the Service Provider is not able to perform such work, you may be charged separate fees or charges. if you make a payment for services on our APP, the details you are asked to submit will be provided directly to our payment provider via a secured connection. The cardholder must retain a copy of transaction records and Vendor policies and rules.

License from You

Except for material we may license to you, Mytyre does not claim ownership of the materials and/or content you submit or make available on the Service. However, by submitting or posting such Content on areas of the Service that are accessible by the public or other users with whom you consent to share such Content, you grant Mytyre a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available, without any compensation or obligation to you. You agree that any Content submitted or posted by you shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. By creating an account, you agree that you may receive communications from Mytyre, such as newsletters, special offers, and account reminders and updates BY via e-mail, text message, calls, and push notifications. You also understand that you can remove yourself from these communications by clicking the "Unsubscribe" link in the footer of the actual email and will not block email subscription.

Transactions Between Service Provider and Customer

Through the Platform, MYTYRE provides electronic web-based Marketplace platforms for between Customer and Service Providers of automobile products and Services. However, for any Services, MYTYRE does not represent either the Service Provider or the buyer in specific transactions. MYTYRE does not control and is not liable or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Platform, the ability of the Service Providers to complete a sale or the ability of Customer to complete a purchase.
Users are hereby made aware that there may be risks of dealing with people acting under false claims. MYTYRE uses several techniques to verify the accuracy of certain information our paying Users provide us when they register for a paying membership service on the Platform. However, because user verification on the Internet is difficult, MYTYRE cannot and does not confirm each User's purported identity (including, without limitation, paying Service Providers). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
Customer and Service Providers accessing or using the Platform or Services shall assume the risks of conducting any purchase and Service transactions in connection with or through the Platform. Customer and Service Providers accessing or using the Platform or Services shall also fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activity relating to the products or services that are the subject of the transactions on the Platform. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory product quality, failure to meet specifications, defective or dangerous service, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract, transportation accidents, the risk that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Platform may violate or may be asserted to violate Third Party Rights, and the risk that Users may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled indemnification in relation to the assertion of rights, demands or claims by claimants of Third Party Rights. Examples of such risks also include the risk of claims from consumers, other purchasers, end-users of products or other third parties that they have suffered injuries or harm from their use of the products obtained through the Platform or Services. MYTYRE is not liable or responsible for any damages, claims, liabilities, costs, harm, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.

Customer and Service Providers on the Platform are solely responsible for setting out and performance of the terms and conditions of the transactions conducted on, through or as a result of use of the Platform or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage, subject to any additional obligations imposed under the Transaction of Services .
User agrees to provide all information and materials as may be reasonably required by MYTYRE in connection with your transactions conducted on, through or as a result of use of the Platform or Services. MYTYRE has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials without liability for any losses or damages arising out of or in connection with such suspension or termination.
The final price charged to Customer by the Service Provider may change by the time of Job Completion due to any additional services. Whenever, Service Provider creates/revises the Estimate, Customer shall be notified to review and approve the estimate. In case Customer wants any changes to the submitted estimate, he has the option to resend the estimate for revision. Customer shall need to pay any inspection/pickup-drop charges that may be applied by the Service Provider.
Customer agrees will verify whether the accessories purchased on Platform is coming with installation support or needs to be fixed at User’s end. Catalogue listings are similar to classified listings of services that are expected to be handy for any car owner. We take no responsibility of verifying the catalogue listings and User acknowledges that upon showing interest on any catalogue listing, interested Customer’s contact details (name email, contact number) may be shared with the respective Service Provider. Customer’s responsibility to review and verify the Terms and Conditions of the package before buying including the expiry date and number of uses/redemptions (if any).
Pre-purchase/repair inspection reports are not guaranteed or warranted, because changes in the vehicle can occur and/or manifest themselves between the time of inspected and the time of purchase, and because during a pre-purchase inspection the Technician cannot see inside an engine or transmission and does not take the whole car apart to check every component in the car. Thus, impending failures may not be evident at the time of inspection.
Mytyre reserves the right to refuse servicing (at the ordered prices) against an order where car classification specified by the user while ordering the services is found to be inaccurate.

Service Providers obligation

As a registered Service Provider, you are allowed to list Services and items for sale on the Platform in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item you list for sale on our Platform. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfilment of sales.
Service Provider oblige to follow All consumer rules, other laws, bylaws related to their offering product, item, or material according to their local Jurisdiction requirement and if needed keep insurance of any kind damages reimbursement.
The listing description of the item and service must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Customer. You agree not to list a single product in multiple quantities across various categories on the Platform. Service Provider must apply all rules, laws applicable to consumer rights and protection.
You will not post or sell any item that is restricted or prohibited by law of United Arab Emirates and any local law in any country or jurisdiction, as user or Service Provider, you are responsible for ensuring that you are not posting an item that is prohibited by law in any jurisdiction, including but not limited illicit drugs, precursors, drug paraphernalia, flammable, explosive and hazardous chemicals, firearms, munitions, weapons, government, law enforcement, military issued items, medical drugs, medical devices, adult, obscene materials, circumvention devices, other equipment used for illicit purposes, illegal services, collections, artifacts, precious metals, human parts, human remains, protected flora, fauna, offensive material, information detrimental to national security, tobacco products, gambling equipment, unauthorised intellectual property rights (IPR) ,replica and counterfeit items, unauthorized copies of intellectual property.
Each Service Provider represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights and (d) you and your affiliates are not the subject of any trade restrictions, sanctions or other legal restrictions enacted by any country, international organization or jurisdiction.
Service Provider shall not use the Platform, Services, or Service Provider account to engage in activities which are identical or similar to MYTYRE e-commerce marketplace business.
Service Provider agrees to provide all necessary information, materials, and approval, and render all reasonable assistance and cooperation necessary for MYTYRE’s provision of the Services, evaluating whether Service Provider has breached the Terms and/or handling any complaint against the Service Provider. If Service Provider’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, MYTYRE shall not be obliged to extend the relevant service period nor be liable for any loss or damages arising out of or in connection with such delay, suspension or termination.
Service Provider acknowledges and agrees that MYTYRE reserves the right to, but shall not be required to actively monitor or exercise any editorial control whatsoever over the content of any message or material or information (including User Content) created, obtained or accessible through the Services or Platform. MYTYRE does not endorse, verify, or otherwise certify the contents of any comments or other material or information (including User Content) created, submitted, posted, displayed, or otherwise made by any Service Provider. Each Service Provider is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information
Service Provider acknowledges and agrees that the Platform and Services may only be used by businesses and their representatives for business use.
Service Provider acknowledges and agrees that each Service Provider is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all access and use of the Platform and Services are in compliance with the same.
Each Service Provider further represents, warrants, and agrees that Service Provider shall/are:

conduct your business transactions with other users of the Platform in good faith;
carry on your activities in accordance with the Terms and any applicable Additional Agreements;
not use the Services or Platform to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity; not engage in spamming or phishing;
not engage in any other unlawful activities (including without limitation those which would constitute a criminal offense, give rise to civil liability, etc) or encourage or abet any unlawful activities;
not involve attempts to copy, reproduce, exploit, or expropriate MYTYRE’s various proprietary directories, databases, and listings;
not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting, or expropriating any software or hardware system, data, or personal information;
not engage in any activities that would otherwise create any liability for MYTYRE or our affiliates.

Platform for Services

The Mytyre is a platform that Users utilize to meet and interact with Customer and Service Providers for their transactions. Mytyre is not and cannot be a party to or control in any manner any transaction between the Platform's Users.

Henceforward:

All commercial/contractual terms are offered by and agreed to between Customer and Service Provider alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, and services. Mytyre does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Customer and Service Provider.

Mytyre does not make any representation or warranty as to specifics (such as quality, value, etc) of the products or services proposed to be user offered to be on the Platform. Mytyre does not implicitly or explicitly support or endorse the services on the Platform. Mytyre accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

Mytyre is not responsible for any non-performance or breach of any contract entered into between Customer and Service Provider. Mytyre cannot and does not guarantee that the concerned Customer and Service Provider will perform any transaction concluded on the Platform. Mytyre shall not and is not required to mediate or resolve any dispute or disagreement between User and Service Provider.

Mytyre does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Platform and use your best judgment in that behalf.

Mytyre does not at any point of time during any transaction between Customer and Service Provider on the Platform come into or take possession of any of the products or services offered by Service Provider nor does it at any point gain title to or have any rights or claims over the products or services offered by Service Provider to Buyer.

At no time shall Mytyre hold any right, title or interest over the products nor shall Mytyre have any obligations or liabilities in respect of such contract entered into between Customer and Service Provider. Mytyre is not responsible for unsatisfactory or delayed performance of services.

User of Platform agrees Mytyre is only a Marketplace platform that can be utilized by Users to reach a larger base to get services in a smaller amount. Mytyre is only providing a platform for communication and it is agreed that the contract for Services of any of the products or services shall be a strictly bipartite contract between the User. At no time shall Mytyre hold any right, title or interest over the service nor shall Mytyre have any obligations or liabilities in respect of such contract. Mytyre is not responsible for unsatisfactory or delayed performance of services.

You shall independently agree upon the manner and terms and conditions of service delivery, payment etc. with the Service Provider(s) that you transact with. You shall write a report to Mytyre if any Service Provider does not deal with you in the correct manner and you have any unconvincing or any dispute with the Service Provider.

Changes to Content

You understand that in order to provide the Service and make your Content available thereon, Mytyre may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices or computers. You further agree that Mytyre may limit, suspend, or withdraw a user's access to the Platform and/or a user's membership of the Platform or remove hosted content.

Amendments to this User Terms

Mytyre reserves the right at any time to modify this Terms and to impose new or additional terms or conditions on your use of the Service. You agree that Mytyre shall not be liable to you or any third party for any modification or cessation of the Service. You acknowledge and agree that Mytyre at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific Terms at any time with immediate effect by posting a notice of the amendment on the Platform.

Fees and Services

Membership on the Platform is free. Mytyre does not charge any fee for browsing, on the Platform. Mytyre reserves the right to change its Fee Policy from time to time. In particular, Mytyre may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. In such an event Mytyre reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Mytyre charges transaction fees from Service Providers for their listed Services. The Customer is responsible for all fees associated with your use of Mytyre and listed Service Provider’s services.

Use of the Platform

While using the Platform, you will not: post Information or content or list items in an inappropriate category or areas on our Platform; post items you do not have a right to link to or include; post items that are concurrently listed for services on a website other than the Platform; post Information that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libelous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment; post comments, questions or answers that are not factual in nature including without limitation make any racist comments, use profanity, abuse another user, disrespect another's culture or make any other derogatory or inappropriate comments; post counterfeit or stolen items; post Information or items which infringe any third party's intellectual property rights, other proprietary rights or right to privacy; post obscene Information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent; post Information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest; post any Information or content or list items which may (in our sole discretion) be considered culturally or religiously offensive in any way; post any Information or content or list items which (in our sole discretion) may not be considered to be in compliance with general Islamic Shari’ah law, rules, morals, values, ethics and traditions; post Information or content threaten national security; post Information or content or list items which may (in our sole discretion) constitute or be considered to promote gambling.

Your Conduct

You agree that you shall NOT use the Service to:

upload or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortuous, defamatory, libellous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable; stalk, harass, threaten or harm another;
engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
upload, transmit, or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
plan or engage in any illegal activity; and/or gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.

Intellectually rights

"Mytyre" and related logos, and other words and logos on the Platform are either unregistered trademarks or registered trademarks of Mytyre and are protected by international trademark and other intellectual property rights and laws. All other trademarks not owned by Mytyre that appear on the Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mytyre.

No Warranty

Mytyre provides the Platform and its services on an "as is" and "as available" basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. Mytyre makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the Platform or that the operation of the Platform will be error free and/or uninterrupted. Mytyre makes no warranty that defects will be corrected or that the Platform or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Platform may be susceptible to data corruption, interception, non-availability, and delays. The Platform may also be unavailable from time to time due to repairs, maintenance, or development work. You expressly agree that you use the Platform at your own risk.

Termination

Termination by Customer

You may terminate your Account and/or stop using the Service at any time. If you wish to stop, you may remove your account. Any fees paid by you prior to your termination are non-refundable (except as expressly permitted otherwise by this Terms), including any fees paid in advance for the billing year during which you terminate.

Termination by Mytyre

Mytyre may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your Account and/or access to the Service at any time, under certain circumstances and without, immediately without liability: limit your activity, remove your bids, end your listings, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or withdraw your access to the Platform, end your listings, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership to the Platform Cause for such termination shall include:

(a) Violations of this Terms or any other policies or guidelines that are referenced herein and/or posted on the Service.

(b) A request by you to cancel or terminate your Account.

(d) Where provision of the Service to you is or may become unlawful.

(e) Unexpected technical or security issues or problems.

(f) Your participation in fraudulent or illegal activities.

(g) Failure to pay any fees owed by you in relation to the Service.

Any such termination or suspension shall be made by Mytyre in its sole discretion and Mytyre will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Service. In addition, Mytyre may terminate your Account WITHOUT prior notice. Any such termination or suspension shall be made by Mytyre in its sole discretion and Mytyre will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Service.

Termination by Service Provider

Service Provider may terminate this Terms by 30 days’ notice. All or any of the Transaction, fee, charges remaining will be completed perfectly by the Service partner before the termination. All Payment and accounts will be settled by Service Partner within the notice period of termination. Any remaining Service will be done in this period time or payment will be refunded by Service Provider with damages to customers.

Effects of Termination

Upon termination of your Account you will lose immediately all access to the Service and any portions thereof, including, but not limited to, your Account, Mytyre ID, email account, and Content. In addition, after a period of time, Mytyre may delete information and data stored in or as a part of your account. Any individual components of the Service that you may have used subject to separate software license agreements will also be terminated in accordance with those license agreements. You further acknowledge and agree that Mytyre shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such Platforms or resources. All or any of the Transaction fee, Service charges remaining will be paid immediately by User and Service Partner to Mytyre.

Indemnity and Warranty

You agree to defend, indemnify and waive Mytyre and its affiliates, directors, Contractors, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Terms, or your violation of any law or the rights of a third party. You acknowledge that you are responsible for all use of the Service using your Account and that these Terms apply to any and all usage of your Account. You agree to comply with this Terms and to defend, indemnify and hold harmless Mytyre from and against any and all claims and demands arising from the usage of your Account, whether or not such usage is expressly authorized by you.

You agree and acknowledge that Mytyre makes no warranties or representations about the accuracy or completeness of Mytyre platform’s content or the content of any Platforms linked to Mytyre and assumes no liability or responsibility for any (i) Errors, mistakes, or inaccuracies of content, (ii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of Mytyre, (iii) Any unauthorized access to or use of Mytyre servers and/or any and all personal information and/or financial information stored therein in any form and/or in any manner, (iv) any interruption or cessation of transmission to or from MYTYRE Platform, (iv) Any bugs, viruses, Trojan horses, or the like unauthorized tools or software which may be transmitted to or through Mytyre Platform by any third party, and/or (v) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through Mytyre Platform. Mytyre does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Mytyre App or any associated or hyperlinked Website and Mytyre shall not be a party to or in any way be responsible or accountable for monitoring any transaction between you and third-party.

Force Majeure

Under no circumstances shall MYTYRE be held liable for any delay or failure or disruption of the content or the Services accessed or delivered through the Platform or the creation or fulfillment of contracts resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties or any suspension or disruption of transportation or business operation (including but not limited to delays or disruption of the resumption of work or operation ordered by any government agency) in the event of a national or regional spread of epidemic or pandemic.

Links to third party

The Web Platform contains links or other connections to third party web Platforms. MYTYRE provides these links only as a convenience to you and does not endorse, and is not responsible for, the contents on such linked Platforms. You accept any terms and conditions imposed by that third-party. Further, The MYTYRE is not responsible for any viruses’ accesses through said third-party. If you decide to access linked third-party Web Platforms, you do so at your own risk.

Notice

Except as explicitly stated otherwise, any notices to Mytyre from you shall be given by you by Mytyre with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to you by Mytyre by return email. Any notices to you from Mytyre shall be given by notices posted on the Platform or by email to the email address you provide to us during the registration process and shall be deemed to be received by you 48 hours after any such email is sent.

Disputes

The relationship between you and Mytyre shall be governed by the laws of the United Arab Emirates. If any dispute, claim, controversy or differences arising out of or in connection with or in relation to this User Terms, including any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this User Terms or this clause, or any question regarding the legal relationships established by this User Terms or the consequences of its nullity, then the parties shall first attempt amicably to settle the Dispute through good-faith. The relationship between you and Mytyre shall be governed by the laws of the United Arab Emirates, In the event that a Dispute has not been settled amicably by the relevant parties, the Dispute shall be referred to Dubai courts.

Transfer of Rights and Obligations

You hereby grant Mytyre the right to, and irrevocably acknowledge and agree that Mytyre may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Terms to any of its affiliates without requiring your further specific agreement. You may not at any time, without the prior written consent of Mytyre, transfer all, or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Terms without the prior written consent of Mytyre.

Severability

If any clause of this User Terms shall be deemed invalid, void, or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Terms. This User Terms (as amended from time to time in accordance with the terms of this User Terms) sets forth the entire understanding and agreement between you and Mytyre with respect to the subject matter hereof. No person who is not a party to this User Terms shall have any right to enforce any term of this User Terms. If this User Terms is translated into any language other than English, whether on the Platform or otherwise, the English text shall prevail.

Disclaimer

Except as provided in the agreement, the services are made available on an “as is,” “as available,” and “with all faults” basis, without any warranties or conditions, express, implied, or statutory. you use the services entirely at your own risk. we do not provide, and specifically disclaim, any representation or warranty of any kind to you or any other person or entity, including, but not limited to, any express or implied. Mytyre makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. Mytyre does not guarantee the quality, suitability, safety, or ability of third-party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

ELECTRONIC CONTRACTING

Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically.

YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL ELECTRONIC INFORMATION INCLUDES DATA AND INFORMATION IN THE FORM OF TEXT, CODES, SOUND, GRAPHICS, IMAMAGESCOMPTER PROGRAMS OR OTHERWISE AND TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, OTHER POLICIES, CONTRACTS, AND APPLICATIONS.

Please contact us for any questions or comments (including all inquiries, Complaint, Suggestions) regarding this Service: info@Mytyre.com

Terms and Conditions for payment gateway (Telr)

Mytre.com maintains the mytyre.com Mobile application ("Mobile application"). The following are the terms of use that govern use of the Mobile application ("Terms of Use"). By using the Mobile application you expressly agree to be bound by these Terms of Use and the mytyre.com privacy policy and to follow these Terms of Use and all applicable laws and regulations governing use of the Mobile application. mytyre.com reserves the right to change these Terms of Use at any time, effective immediately upon posting on the Mobile application. Please check this page of the Mobile application periodically. We will note when there are updates to the Terms of Use at the bottom of the Terms of Use. If you violate these Terms of Use, mytyre.com may terminate your use of the Mobile application, bar you from future use of the Mobile application, and/or take appropriate legal action against you.

LIMITED LICENSE. You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Mobile application pursuant to the requirements and restrictions of these Terms of Use. mytyre.com may change, suspend, or discontinue any aspect of the Mobile application at any time. mytyre.com may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Mobile application. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Mobile application. Except as provided in the Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Mobile application, or any of its contents (including software) in whole or in part.

1.MOBILE APPLICATION OPERATION: United Arab Emirates is our Country of Domicile. mytyre.com controls this Mobile application from the U.A.E. mytyre.com makes no representation that this Mobile application is appropriate for use in other locations. If you use this Mobile application from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Mobile application in violation of any applicable laws or regulations, including, but not limited to any U.A.E export laws and regulations.

APPLICABLE LAW. The Laws of the United Arab Emirates shall govern the use of the Mobile application and the Terms of Use, without regards to conflict of laws principals. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E.

2. MULTI-CURRENCY PRICED TRANSACTION, the displayed price and currency selected by you, will be the same price and currency charged to the Card and printed on the Transaction Receipt.

PURCHASES. mytyre.com accepts payment by Visa or Mastercard debit and credit cards in AED for its products and services. All online purchases are also governed by the terms and conditions of respective merchant service providers. Please review respective merchant service provider’s user agreement and privacy policy before entering any transaction. Interpretation. These Terms of Use supersede all other written and oral communications or agreements with regard to the subject matters discussed in these Terms of Use. A waiver or modification of these Terms of Use will only be effective if made in writing signed by an authorized officer of mytyre.com . All refunds will be made onto the original mode of payment.

PAYMENT CONFIRMATION. Once the payment is made, the confirmation notice will be sent to the client via email within 24 hours of receipt of payment.

3. OFFICE FOREIGN ASSETS CONTROL (OFAC) SANCTIONED COUNTRIES. mytyre.com will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not countryspecific

4. REPRESENTATIONS BY YOU. By visiting the Mobile application, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that all materials of any kind submitted by you to mytyre.com through the Mobile application or for inclusion on the Mobile application will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. The customer using the Mobile application who are Minor /under the age of 18 shall not register as a User of the Mobile application and shall not transact on or use the Mobile application.

5. PERMITTED USE. You agree that you are only authorized to visit, view and to retain a copy of pages of this Mobile application for your own personal use, that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Mobile application for any purpose other than for personal use, unless otherwise specifically authorized by mytyre.com to do so. You also agree not to deep-link to the Mobile application for any purpose, unless specifically authorized by mytyre.com to do so. The content and software on this Mobile application is the property of mytyre.com . The cardholder must retain a copy of transaction records and Merchant policies and rules.

6. YOUR ACCOUNT. If you use mytyre.com Mobile application, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Mobile application shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

NO COMMERCIAL USE. This Mobile application may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain mytyre.com ’s prior written consent to make commercial offers of any kind on the Mobile application, whether by advertising, solicitations, links, or any other form of communication. mytyre.com will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Mobile application and barring such violators from use of the Mobile application.

LINKS AND SEARCH RESULTS. The Mobile application may automatically produce search results that reference and/or link to third party Mobile application throughout the World Wide Web. mytyre.com has no control over these Mobile application or the content within them. mytyre.com does not guarantee, represent or warrant that the content contained in the Mobile application is accurate, legal and/or inoffensive. mytyre.com does not endorse the content of any third party Mobile application, nor does it make any representation or warranty about these Mobile applications, including that they will not contain viruses or otherwise impact your computer. By using the Mobile application to search for or link to another Mobile application, you agree and understand that you may not make any claim against mytyre.com for any damages or losses, whatsoever, resulting from your use of the Mobile application to obtain search results or to link to another Mobile application. If you have a problem with a link from the Mobile application, you may notify us at info@mytyre.com .

COPYRIGHT POLICY. mytyre.com may terminate the privileges of any user who uses this Mobile application to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to this Mobile application, you warrant that the information does not infringe the copyrights or other rights of third parties.

INTELLECTUAL PROPERTY. Although mytyre.com is not responsible for the content, quality or accuracy of data provided by users, compilations of such data, text, information and other materials made available to users through mytyre.com ’s system. The On-line Materials are mytyre.com ’s intellectual property, and are protected by U.S. and international intellectual property laws. The On-line Materials may not be copied or redistributed either in whole or in part without prior written consent of mytyre.com , except as expressly and specifically permitted under these Terms of Use.

The On-line Materials are and will remain the exclusive property of mytyre.com . All rights, titles and interests in and to the On-line Materials will be and remain vested solely in mytyre.com . Under no circumstances will you have any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sublicense, redistribute, assign or otherwise convey the On- line Materials, or any rights thereto, except as expressly and specifically provided in the Terms of Use. Nothing in these Terms of Use will convey to you any right, title or interest, except that of a license with the express rights and subject to all limitations herein. Nothing in these Terms of Use grants you the right, directly or indirectly, to use the On-line Materials to create a product for resale or to use the On-line Materials in any way that competes with mytyre.com .

You acknowledge and agree that mytyre.com will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the On- line Materials made by or for you. At mytyre.com ’s request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to mytyre.com or perfect these rights, titles or interests in mytyre.com ’s name. DISCLAIMER OF WARRANTY, LIMITATION OF DAMAGES. mytyre.com MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE Mobile application. mytyre.com ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE Mobile application BY ANY USER. mytyre.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS Mobile application, EVEN IF mytyre.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF mytyre.com WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.

VIOLATION OF TERMS OF USE. You understand and agree that in mytyre.com ’s sole discretion, and without prior notice, mytyre.com may terminate your access to the Mobile application, or exercise any other remedy available and remove any unauthorized user information, if mytyre.com believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of mytyre.com , or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to mytyre.com for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. mytyre.com may release user information about you if required by law or subpoena.

INDEMNITY. You agree to indemnify and hold mytyre.com , its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to your use of the Mobile application, including also your use of the Mobile application to provide a link to another Mobile application or to upload content or other information to the Mobile application, or your breach of the Terms of Use.

LICENCE GRANTED TO YOU. By providing materials to mytyre.com , including by submitting or uploading content or materials for use on the Mobile application you represent and warrant that you or the owner of all rights to such content or materials has expressly granted mytyre.com an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. mytyre.com may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against mytyre.com for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to mytyre.com . Any communication or materials you send to mytyre.com will be treated as non- confidential and non-proprietary and may be disseminated or used by mytyre.com for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

ADVERTISING. The Mobile application may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Mobile application are accurate and comply with all applicable laws. mytyre.com is not responsible for the acts or omissions of any advertiser or sponsor.

SEVERABILITY. If any provision of the Terms of Use is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

Headings & section titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement.