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TERMS AND CONDITIONS

The following terms and conditions (“Terms”) govern the relationship and form part of the Subscription Agreement between AWR MOBILITY LLC (“SUBSCRIBE ME”, “us”, or “we”) and you (the “Subscriber”).

These Terms regulate the relationship between you and SUBSCRIBE ME and cover your use and access to the Platform. By accessing and using the Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms. SUBSCRIBE ME reserves the right to change these Terms from time to time and notice will be provided to you on the Platform or by other electronic means. You agree that continued participation in the Program constitutes acceptance of any amended Terms. If you are using the Platform on behalf of a third party including, but not limited to a business entity, you warrant that you are authorized and have the authority to bind that third party to these Terms.

Definitions

“Account” means a digital account that a Subscriber registers via the Platform in order to access our Services.

“Additional Fees” means:

  • Booking Fee
  • Administration Fees
  • Late Payment Administration Charge
  • Early Termination Charges
  • Insurance Excess Charges
  • Excess Mileage Charges
  • PRO Fees
  • any costs, fees, fines and charges that are incurred by SUBSCRIBE ME as a result of a Subscriber using or misusing a Vehicle, including but not limited to, charges for re-fueling a Vehicle on return, tolls, excess mileage charges, fines for speeding or other driving-related offences, parking fines, fines and charges in connection with confiscation or impoundment of a Vehicle, costs or charges relating to repossession of a Vehicle (including third party agent and transportation costs), and costs of repairing damage to a Vehicle;
  • any other amounts stated to be recoverable as Additional Fees in these Terms or a Subscription Agreement.


“Booking Fee” means a one-time booking fee at the commencement of the Subscription Agreement which is subjective to the vehicle type.


“Cancellation Charges” means the charges that apply from time to time when we cancel the Subscription Package by notice to you under the clause Using the SUBSCRIBE ME platform and our Services.


“Early Termination Charge” means the charge payable by a Subscriber in the event a Subscription Agreement is terminated prior to the expiry date of the Initial Subscription Period where the penalty shall be calculated by SUBSCRIBE ME calculating the price that SUBSCRIBE ME would have charged the Subscriber if the Subscriber had subscribed for the period in which you utilized. In effect the amount monthly subscription charges which would have been paid from the date of checkout to the actual termination date.


“Excess Mileage Charge” means the excess mileage charge specified in a Subscription Agreement.


“Handover Inspection Report” means a vehicle condition report detailing the condition of a Vehicle on the Start Date which is signed by you and us and forms part of the relevant Subscription Agreement.


“Insurance Excess Charge" means the amount payable to SUBSCRIBE ME in order to claim under the Insurance Policy on the occurrence of any accident to, loss of or damage to a Vehicle, as specified in the relevant Subscription Agreement.


“Initial Subscription Period” means the initial fixed period during which a Subscriber is permitted to use a Vehicle or Vehicles, calculated in Months, as specified under the relevant Subscription Agreement.


“Insurance Policy” has the meaning given in the Insurance Clause below..


“Late Payment Administration Charge” means an amount equal to 15% of any amount owed by a Subscriber which is not paid when due.


“Month” means a calendar month.


“Monthly Fee“means each equal Monthly instalment of the Subscription Price.


“Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time. SUBSCRIBE ME accepts payments by credit card and debit card only including VISA, Mastercard and American Xpress in AED (United Arab Emirates Dirhams). Cash payments are not accepted by SUBSCRIBE ME.


“Platform” means the digital application provided by SUBSCRIBE ME to connect Subscribers with Services.


“PRO Fee” means the service fee charged by SUBSCRIBE ME for assisting Subscribers to liaise with the police and relevant government authorities in connection with incidents affecting a Vehicle including obtaining additional proof for a traffic violation, obtaining a final police report, filing and release of police cases and releasing a Vehicle from impound and any other legal charges.


“Program” means SUBSCRIBE ME’s Vehicle subscription program.


“Privacy Policy” means SUBSCRIBE ME’s Privacy Policy from time to time which is available on the website at www.subscribeme.ae


“Renewal Period” has the meaning given in Renewal Clause.


“Services” means any service and/or products made available by SUBSCRIBE ME, online or offline, including but not limited to the Platform, website, and any associated technology, in connection with the Program.


“Start Date” means the Start Date specified in the relevant Subscription Agreement.


“Start Time” means the Start Time specified in the relevant Subscription Agreement.


“Subscriber” means anyone who has an Account.


“Subscription Agreement” means the agreement signed between you and us, as it may be varied from time to time, which sets out the plate number and other details of the specific Vehicle or Vehicles you are subscribing to use, the corresponding Initial Subscription Period(s), and Subscription Price(s), and contains the standard SUBSCRIBE ME terms and conditions. Each Subscription Agreement is subject to these Terms.


“Subscription Confirmation” means SUBSCRIBE ME’s written confirmation of a Booking Request, which shall be issued via the Platform.


“Subscription Package” means details of the class of Vehicle or Vehicles a Subscriber wishes to subscribe for, the Initial Subscription Period (3, 6 or 9 months), the Subscription Price, the mileage allowance, and any optional extras such as additional insurance, and additional drivers.


“Subscription Period” means the Initial Subscription Period and each Renewal Period.


“Subscription Price” means the price for payable by the Subscriber to use a particular Vehicle or Vehicles during the Initial Subscription Period as set out in the relevant Subscription Agreement.


“Subscription Request” means a request by a Subscriber for a Subscription Package submitted via the Platform, which must include any required supporting documentation and specify a Payment Method. In general, SUBSCRIBE ME accepts Subscription Requests only for a class of vehicles, and not for vehicles of specific makes, colour, model years or with particular characteristics not common to all vehicles in the class.


“Terms” means these Terms, each confirmed Subscription Request (until replaced by a Subscription Agreement), each current Subscription Agreement, the Privacy Policy, the Website Terms & Conditions, and each current Handover Inspection Report.


“Vehicle” means a car or other vehicle belonging to SUBSCRIBE ME including all its parts, tools, fittings, components (whether mechanical or otherwise) and registration documents (including the owner’s manual).


“Website Terms & Conditions” means SUBSCRIBE ME website terms & conditions from time to time, which are available at https://www.subscribeme.ae/terms-and-conditions

How to become a Subscriber

To be able to subscribe to a Vehicle or Program and to use the SUBSCRIBE ME Services, you must be over 21 years of age, have a full, current, valid driver’s license that is not suspended, confiscated, revoked, or expired. The Vehicle must be solely for your own personal use and not for commercial uses. You must also have an Account on the SUBSCRIBE ME Platform with a user name and password.


We may accept or reject your application to register an Account and become a Subscriber in our sole and absolute discretion.


You will have to provide accurate information on the Platform which includes your name, residential address, email address, date of birth, billing address and phone number. For security and authentication procedures, you will also need to provide us with a scan or image of your driver’s license and Emirates ID (for residence visa holders only), and any additional relevant requested by us from time to time. If you fail to produce these documents upon request, we may decline extending Services to you.


SUBSCRIBE ME reserves the right (at its sole and absolute discretion) to undertake screenings and checks to verify the identities and/or backgrounds of Subscribers, including driving history and license validity. SUBSCRIBE ME may use third party services to verify the information you provide to us and to obtain additional relevant information, and you authorise SUBSCRIBE ME to do so.


You must maintain the confidentiality of your account and must immediately notify SUBSCRIBE ME in case of any unauthorised use, or suspected unauthorised use, of your Account or any other breach of security. SUBSCRIBE ME will not be liable for any loss or damage arising from your failure to comply with these requirements.

You may terminate your Account at any time via the Platform, and your Account will be closed once all Subscription Agreements between SUBSCRIBE ME and you have ended, all Vehicle(s) have been returned by you and all amounts you owe under the Subscription Agreement have been paid in full (including late posted transactions and any Additional Fees).


All credit and debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third party.


The pricing details of our services are mentioned in our application.

SUBSCRIBE ME will NOT trade, deal or provide any Services to any of OFAC (Office of Foreign Assets Control) sanctioned countries.

Using the SUBSCRIBE ME platform and our Services

Once you have created an Account you will be able to use the Platform, where we display our Vehicle inventory and the information regarding the Services we provide.


Once you have selected a Subscription Package, you may submit a corresponding Subscription Request.

If we accept your Subscription Request, we will issue a Subscription Confirmation, at which point a legally binding contract between us for the Subscription Package will be created. We reserve the right to reject a Subscription Request in our sole and absolute discretion.


The Subscription Period will commence on the Start Date. We will charge the first Monthly Fee and any upfront Additional Fees set out in the Subscription Confirmation to the Payment Method prior to the Delivery Time and, subject to successful payment, will deliver the Vehicle(s) to the location you selected in the Subscription Request at the Delivery Time. The subscriber will have to pay an additional one-time booking fee which is subjective to the vehicle type.


In order to be granted access to and use of a Vehicle, you must, prior to its delivery (i) sign a Subscription Agreement; and (ii) inspect the Vehicle and sign a Handover Inspection Report.


If you fail to pay the first Monthly Fee and any upfront Additional Fees, take delivery of the Vehicle(s), and/or sign the Subscription Agreement or Handover Inspection Report, we may immediately cancel the Subscription Package or Subscription Agreement (as applicable) by notice to you. In this event, you will pay the applicable Cancellation Charge as per the relevant SUBSCRIBE ME policy as amended from time to time.


SUBSCRIBE ME reserve the right to reasonably substitute a Vehicle, including in the event of a manufacturer’s re-call, or other known mechanical fault or safety issue at any time during the Subscription Period.

Your obligations

You agree to observe and act in accordance with these Terms. During the Subscription Period, you must at all times abide by the terms of the Subscription Agreement, including but not limited to, the obligations relating to collection and return of the Vehicle, conditions for using the Vehicle (including restrictions on what the Vehicle can be used for and whom can use the Vehicle).


You agree that you are eligible to use our Platform and Services by confirming you are of least 21 years of age or older, such that you are of legal age to form a binding agreement with us. If you do not meet this requirement, you must not register to use our Platform or Services.


You agree that you will not create a false Account and will not use your Account for any immoral or illegal activity (including but not limited to money laundering or fraudulent bookings).


You agree to ensure that your personal information in your Account is correct and accurate, current and complete, and further you agree to maintain and keep your Account information up-to-date. SUBSCRIBE ME will not be responsible for any incorrect details you provide to us, including if information we provide or other correspondence is not received due to incorrect Account information. If you notice any of your information is incorrect, please let us know by emailing info@subscribeme.ae or chat with us via the live-chat system on our Platform.


Upon delivery (or collection) of the Vehicle, you must inspect the condition of the Vehicle before the start of the Subscription, and you must identify any defects and agree on such defects with the us in a Handover Inspection Report, which forms part of the Subscription Agreement. You agree to keep the Vehicle in good and road-worthy condition throughout the Subscription Period. You agree to return the Vehicle to the us in the same condition as you received it (including to tires and fittings) as a result of the mileage travelled and general use of the Vehicle during the Subscription Period. You must immediately inform us of any defects or damages to the Vehicle while in your possession during the Subscription Period.


You agree to always lock the Vehicle when not using it and acknowledge you shall be liable for any costs for replacement keys. SUBSCRIBE ME shall have no liability to you if any of your belongings are stolen from the Vehicle. You also agree to use the correct fuel for the Vehicle and agree you shall be liable to pay any associated costs to remedy any damage caused by mis-fuelling. You further agree that SUBSCRIBE ME is not liable for any belongings left in the Vehicle when it is returned at the end of the Subscription Period.


You shall not allow any driver other than a named driver(s) in the Subscription Agreement (which include the additional drivers that you have registered in the Platform) to drive the Vehicle at any time during the Subscription Period.If anyone other than you is using the Vehicle, you agree you will remain responsible for the Subscription Agreement and the Vehicle. You shall drive the Vehicle in compliance with all applicable road legislation and rules at all times.


The Vehicle must be returned by the end date of the Subscription Period either by you delivering it to the required location or us collecting it from you. If you do not return the Vehicle by the end date of the Subscription Period, you shall be in breach of these Terms and the Subscription Agreement, and we may report you to the relevant authorities and arrange for the Vehicle to be repossessed and/or seek criminal charges against you.


You must not sell, rent, sub-lease, sub-subscribe or dispose of the Vehicle or any of its parts. For avoidance of doubt, you will not own the Vehicle, which remains the sole property of the relevant SUBSCRIBE ME vendors.

You agree not to modify, alter or attach anything to the Vehicle and you shall be liable for any costs associated in returning the Vehicle to its pre-modified condition if you act in contravention to this sub-clause.

You must not cause or permit anyone other than SUBSCRIBE ME or its nominated repairer to undertake repairs to or maintenance of Vehicles.


You must not to smoke or allow anyone else to smoke inside a Vehicle. You will be liable to SUBSCRIBE ME for a cleaning fee of AED 500 if you breach this obligation, which shall be charged as an Additional Fee.

You acknowledge that you have sole responsibility for your own safety and the Vehicle throughout the Subscription Period.


You shall return the Vehicle to us in a fit condition, namely that the interior and exterior of the Vehicle(s) is clean and free of any damage, blemishes, stains, marks, etc. In case the Vehicle(s) is not in such a fit condition, the Subscriber may be liable to pay for repairs to the Vehicle(s) as per the estimate given by SUBSCRIBE ME.


If your Vehicle is collected without you being present you accept full liability for any damages noted by SUBSCRIBE ME as you were not present to sign off the condition of the Vehicle. This also applies in the case of a forced collection where you are not present to handover the Vehicle.

Restrictions on Use

Throughout the Subscription Period, you agree that the Vehicle(s) will not be used for any purpose that would not be covered by or which would invalidate the Insurance Policy, including without limitation:

  • transporting hazardous, toxic, flammable, corrosive or commercial/trade materials.
  • track-racing, off-road activities, racing, or driving lessons.
  • conveying passengers or goods for hire or reward.
  • driving through waterlogged streets and areas.
  • propelling or towing away any vehicle or object in any test, race contest or competition.
  • carrying any object or substance which because of its condition or smell, may harm the Vehicle or prevent or delay SUBSCRIBE ME’s ability to use the Vehicle to provide Services.
  • driving off paved roads.
  • driving by anyone under the influence of alcohol, hallucinatory drugs, narcotics, barbiturates, or any other substance impairing his or her consciousness or ability to react.
  • driving outside of the United Arab Emirates, unless agreed in writing in your Subscription Agreement with SUBSCRIBE ME.

Renewal

When your Initial Subscription Period expires, your Subscription Agreement will renew automatically for one month based on the same terms and conditions (each a “Renewal Period”)  The monthly subscription amount will be deducted automatically through recurring payment process.


To avoid automatic renewal, you should inform SUBSCRIBE ME to terminate the Subscription Agreement at least 48 hours prior to the expiry of the Initial Subscription Period. If you give notice to terminate your subscription plan less than 48 hours prior to the expiry of the Initial Subscription Period, you will pay an additional 10% of the monthly charges along with the total outstanding amount under the Subscription Agreement.

Payment Methods

When making a Subscription Request, you need to provide a payment method. By providing SUBSCRIBE ME a payment method, you authorise us to charge all amounts due under the Subscription Agreement by that payment method. You remain responsible for any amounts due. If any amount due under the Subscription Agreement is not successfully settled due to expiration, insufficient funds, or otherwise, we may charge, and you must pay a Late Payment Administration Charge.


You can update your payment methods in your Account on the Platform. If the you wish to change the payment method to a new card, it must be validated, before we accept the new card. Following any update, you authorise us to continue to charge from most up to date payment method agreed.

Payment of Fees & Refund

The all-inclusive Monthly Fee, any applicable Additional Fees and any value added tax required will be charged to the Payment Method on a Monthly basis


SUBSCRIBE ME will provide you an electronic payment confirmation through the Platform within 24 hours after you successfully make a payment. SUBSCRIBE ME will also provide you with a tax invoice receipt, if required.

The Additional Fees are subject to change from time to time. We may advise you of any changes to the Additional Fees and the day they become effective through the Platform or any other method of communication, such as email or SMS.


In addition, you agree to pay SUBSCRIBE ME any Additional Fees incurred during the Subscription Period, even if the Additional Fees are not discovered by or reported to or by SUBSCRIBE ME until after the end of the Subscription Period.

Following termination of a Subscription Agreement, refunds (if any) will be processed to the Payment Method within 45 days from the date of termination or the date of return of the Vehicle(s). All Additional Fees and other amounts due to SUBSCRIBE ME, if any will be deducted automatically prior to processing the refund.


All refunds should be claimed within 3 Months from the date of return of the Vehicle(s). Amount will only we refunded through credit card and refund will be paid only to the same card holder.


Additional Fees Payment

The Subscriber shall be responsible for all offences and violations, including but not limited to traffic violations, involving the Vehicle(s). Fines or other expenses incurred by the Subscriber during the Subscription Period shall be paid by the Subscriber irrespective of any time delays of notification to SUBSCRIBE ME by the concerned authorities. A service charge of 10% will be applied by SUBSCRIBE ME on each fine payable by the Subscriber for the Vehicle(s) or a replacement Vehicle.


The Subscriber shall be responsible for the cost of the fuel used while using the replacement Vehicle. In addition, 20% service charges will be applied to this cost.


Salik/ Toll charge will be charged to the Subscriber at actual cost plus an administration fee of AED 1.00 per toll activation. The Salik/ Toll invoice will be submitted on a monthly basis and is payable immediately.

Excess mileage, if any, will be subject to an excess mileage charge as specified above which shall be payable by the Subscriber to SUBSCRIBE ME once the Vehicle crosses the contractual mileage limit (including replacement vehicles) during the Subscription Period or on early termination of the Subscription Agreement where in the allowed mileage will be prorated for the period of use. An additional charge of AED 0.50 will be added for each additional KM and charged along with the final Subscription Agreement invoice.


Original key charges in case of loss or damage will be borne by the Subscriber. The cost will vary from vehicle to vehicle.


Additional Driver charges of AED 250 per month will be applicable.


In case of loss or damage of Registration document (Mulkiya) applicable charges are AED 100.00 for DXB plate & AED 500.00 for AUH plate cars.


If a GPS is provided, charges at AED 800/- will be applicable in case of any loss or damage.


In the event you fail to fulfil your payment obligations under this Subscription Agreement and fail to reply to SUBSCRIBE ME’s notifications for any late payment, the Vehicle will be collected by SUBSCRIBE ME with all applicable fees and charges charged to the Subscriber.


The Subscriber will continue to incur any applicable charges under the Subscription Agreement until the Vehicle has been successfully returned to SUBSCRIBE ME. If the Subscriber fails to cooperate and/or hand over the Vehicle to the SUBSCRIBE ME on time, SUBSCRIBE ME will have the right to disable and/or track the Vehicle and/or to engage third parties or the relevant authorities as may be appropriate (such as police).


In case of an early termination by a Subscriber of the Subscription Agreement, the Subscriber agrees that the Early Termination Fees.

The Subscriber agree that They will pay the Monthly Fee and the Additional Fees (if applicable) through our Platform only, including recurrent payments as well as subsequent transactions.


The Subscriber shall be responsible for taxes (VAT) as applicable, any administrative fees associated with their use of the Services and any credit card fees and banking transaction fees (if applicable).


SUBSCRIBE ME accepts payments by credit and debit card, including without limitation Visa and Mastercard. The Subscribers can make payments in the currency listed on the Confirmation Order that they receive.


By accepting our Terms and Conditions, the Subscribers agree that they authorize SUBSCRIBE ME to charge them automatically for any Monthly Fees and Additional Fees (if applicable) as well as any other recurrent payments or amounts (as applicable), without the need for any additional notice or consent. The Subscribers are responsible for providing complete and accurate billing information to SUBSCRIBE ME and notifying SUBSCRIBE ME of any changes to such information.

Cancellations Of Confirmed Reservations

All reservations modified or cancelled within 3 hours of the checkout time will be subject to cancellation charges of 10% of the Subscription Fees. You will be exempted from cancellation charges, if you cancel the reservation prior to 3 hours before to the checkout.


Reservations cancelled after the vehicle has been delivered and accepted by you will not be refunded and such charges will be retained by SUBSCRIBE ME. In case a subscriber doesn’t pick up their vehicle from the vendor, 20% of the Subscription charge will be deducted from the user, as a cancellation fee.

Early Termination.

If the Subscriber returns the Vehicle before completing 30 days of the Subscription Agreement, they will not be provided with a refund, as the minimum Subscription duration is 30 days.


The Subscriber will be required to pay an Early Termination Fee in the event of early termination. The Early Termination Fee for medium term subscriptions (3, 6 or 9 months) will be the monthly subscription charges which would have been payable by the Subscriber from the date of checkout to the actual termination date.


SUBSCRIBE ME shall have the right to terminate the Agreement in the following circumstances:

  •       If the Vehicle(s) is declared as a total loss (including but not limited to theft), in which case no cancellation charge shall be levied on you (if it is not your fault as stated in the final police report);
  •       In the event that you fail to make any of the payments required to be made by you under the Agreement, or fail to perform any of your obligations hereunder, and where such default continues for a period of ten (10) days following the date of a written notice thereof issued by SUBSCRIBE ME to you.

 

Following such termination of the Agreement, SUBSCRIBE ME shall have the right to recover the Vehicle(s) being used by the Subscriber, without the need to make a demand or give notice and without having to obtain a court order or take any other legal proceedings in this regard. The Subscriber acknowledges this right of SUBSCRIBE ME to recover the Vehicle(s) and it waives any and all damages incurred by it on account of such recovery of the Vehicle(s) by SUBSCRIBE ME.


SUBSCRIBE ME reserves the right to terminate the contract and charge the above-mentioned termination charges in case of default in payments.


Notwithstanding the foregoing, this Agreement may be terminated by either party at any time, if the other party becomes insolvent, is subject to a petition in bankruptcy filed by or against it, or is placed under the control of a receiver or liquidator or a committee of its creditors, or applies for or is the subject of winding up proceedings.

Insurance

SUBSCRIBE ME shall at its own expense provide a comprehensive insurance policy covering the territory of the United Arab Emirates and you shall make yourself familiar with the Policy and comply with all its terms and conditions.

You will be responsible for the payment of an Excess Insurance Charge based on the selected Vehicle model, in respect of any insurance claim relating to damage to the Vehicle(s). However, only in circumstances where the Subscriber provides an accident report from the Police clearly indicating that the known third party was at fault for the occurrence which led to the insurance claim, shall the Excess Insurance Charge be waived.


Both in the case of any sort of accident to the Vehicle(s), or in the eventuality of its total loss, a police report for the insurance claim must be obtained by you and it is the sole responsibility of you to obtain such a police report.

If no police report for insurance claim is obtained by the Subscriber then, in the case of a Vehicle(s) which has suffered any accident or the case of a Vehicle(s) which is a total loss (including theft), the Subscriber shall be responsible for all liabilities and costs arising out of the accident or loss of the Vehicle, including but not limited to, the cost of the Vehicle(s).


If a police report has been obtained by the Subscriber, SUBSCRIBE ME shall provide the Subscriber with a replacement vehicle, the make and model of which shall be decided by it at its discretion. Upon completion of repair to the Vehicle(s) and its return to the Subscriber, the Subscriber shall return the replacement vehicle to SUBSCRIBE ME. If SUBSCRIBE ME provided the same model as the replacement vehicle it may elect in its sole discretion whether to convert the replacement vehicle to the permanent vehicle and advise the Subscriber, in which case the Subscriber agrees to agree to any changes to effect the conversion.


Provided, that in the case of a Vehicle(s) which is a total loss, including theft SUBSCRIBE ME shall, not be liable to provide the Subscriber with a replacement vehicle unless and until the final police report has been provided to SUBSCRIBE ME by the Subscriber. Until the final police report is provided to SUBSCRIBE ME, the Subscriber shall be liable to make payments of the monthly Subscription charges.


The insurance cover provided by the Policy for the Vehicle(s) shall not be applicable in the following cases (i) in respect of the Prohibited Uses, not covered by insurance and, (ii) In respect of any property left, stored, loaded or transported in, upon or by the Vehicle(s) (iii) In respect of theft of any vehicle which is parked in unlocked condition (iv) Driver not registered.

Procedures for Accidents, Damage to & Theft of a Vehicle

In the event of an accident or other road-related incident involving a Vehicle and vandalism to or theft of a Vehicle during the Subscription Period, whether it is your fault or not, you shall report the incident to SUBSCRIBE ME and the police as soon as practically possible, but in any event no later than 24 hours following the incident. If you are in Dubai, in the event of a minor accident (ie, where no one is injured or there is no serious damage to the Vehicle), you must report the accident through the Dubai Police mobile platform.


In the case of an accident, you must not admit responsibility or attempt to negotiate with third parties. You must record the registration number of the other vehicle(s), take photographs of the accident scene, and obtain the names and contact details and insurance details of all other parties involved in the accident. Ensure the Vehicle is secure and comply with all applicable road and traffic laws.


In the event of any damage to a Vehicle during the Subscription Period, whether it is your fault or not, you shall (i) report the incident to SUBSCRIBE ME as soon as practically possible and in any event within 24 hours; (ii) follow SUBSCRIBE ME’s Instructions and provide all reasonable cooperation requested by SUBSCRIBE ME in relation to making necessary repairs (including returning the Vehicle to SUBSCRIBE ME as soon as practically possible, if needed); and (iii) assist SUBSCRIBE ME with the submission of any claim(s) under the Insurance Policy (including providing all necessary information relating to the claim).


SUBSCRIBE ME is under no obligation to refund any part of the Subscription Price if the Vehicle is unavailable for use as a result of the incidents described in this clause.

Repairs & Maintenance

SUBSCRIBE ME shall provide full maintenance, repairs and servicing of the Vehicle(s), in line with the specified service schedule provided to you with the Vehicle(s). Should you fail to make available to SUBSCRIBE ME the Vehicle(s) for servicing in accordance with the specified service schedule, you shall be fully responsible for any resultant damage or loss suffered by the Vehicle(s). No replacement vehicle will be provided in such cases while the vehicle is being repaired.


Any costs for maintenance/repairs/servicing of the Vehicle(s) which are attributable to the negligence of you or breach of the Subscription Agreement by you shall be borne by you and are recoverable as Additional Fees.

It is your responsibility to ensure that oil, water, other fluid levels and tyre pressures of the Vehicle(s) are regularly checked. Failure to carry out these checks could result in damage to the Vehicle(s), in which case you will be responsible for all repair costs incurred.


In the event you encounter a fault or warning light indication on a Vehicle during the Subscription Period, you must notify SUBSCRIBE ME as soon as possible with details of the fault/warning indication.

Replacement Vehicle

Except where stated otherwise in these Terms, SUBSCRIBE ME shall provide you with a replacement vehicle, the make and model of such vehicle to be decided at its discretion, for the duration of any maintenance, servicing, and repairs of the Vehicle(s) during the Subscription Period.


A replacement vehicle for any Vehicle damaged as the result of an accident will only be supplied following the submission of a police report. No replacement vehicle shall be provided if the repair or maintenance of a Vehicle is necessary as a result of your breach of the Subscription Agreement.


Use of any replacement vehicle is subject to the terms and conditions of the Subscription Agreement. You will be responsible for the cost of the fuel consumed while using the replacement vehicle.

Telematics

You agree that we may install a telematics solution on the Vehicles at our cost, which will allow us to use GPS technology to collect information on the Vehicle(s) (including but not limited to mileage travelled, fuel level, braking data), in addition to allowing us to remotely lock or unlock a Vehicle, if necessary. You consent to us collecting the information described in this clause and remotely locking and unlocking at our sole and absolute discretion while a Vehicle is in your possession.

Termination

Subject to payment of any applicable Early Termination Charge and the provisions above, you may terminate a Subscription Agreement at any time through the Platform, and such termination shall be effective at the end of the Month in which the notice is given. No Subscription Price or Additional Fees will be refunded in the event of termination of a Subscription Agreement by a Subscriber, except as specifically provided in these Terms.

SUBSCRIBE ME may terminate a Subscription Agreement at any time upon not less 24 hours  notice to you, in which event SUBSCRIBE ME will, if applicable, refund a pro-rated portion of the Subscription Price. You shall remain responsible for payment of the Subscription Price, and any Additional Fees or other costs or expenses incurred, up to the date of termination.


SUBSCRIBE ME may also, upon notice to you, immediately terminate a Subscription Subscription Agreement if you: (a) fail to pay any sum due under the Subscription Agreement, (b) fail to comply with any term or condition in the Subscription Agreement, (c) engage in any activities or conduct that, in SUBSCRIBE ME’s reasonable discretion, renders you ineligible or inappropriate for continued participation in the Program, or (e) are not paying your debts as such debts generally become due, become insolvent, file or have filed against you a petition (or other document) under any bankruptcy or insolvency law or similar law that is unresolved within 60 days of the filing of such petition (or other document), propose any dissolution, liquidation, or composition with creditors, or if a receiver, trustee, custodian or similar agent is appointed or takes possession of any of your property or business. No Subscription Price or Additional Fees will be refunded in the event of termination under this clause.


No court order shall be required to effect termination under these Terms.


Upon termination of a Subscription Agreement your rights to use the Services and all Vehicles shall immediately terminate, and your Account will be closed. In these events, you agree to return immediately to SUBSCRIBE ME any relevant Vehicle(s) and any other relevant property of SUBSCRIBE ME which is in your possession. Additionally, you shall be responsible for and agree to pay any legal fees, court costs or expenses associated with enforcing the terms of a Subscription Agreement, whether upon termination or otherwise (including, without limitation, any costs relating to recovering any Vehicle or other property of SUBSCRIBE ME and any amounts owing to SUBSCRIBE ME).


All provisions contained in a Subscription Agreement which expressly or by their nature are intended to survive after termination shall do so, including, but not limited to, all indemnities and limitations of liability.

Liability

SUBSCRIBE ME shall not be liable, whether in contract, tort, or under any other legal principle, for any damages or losses arising in connection with: your use, or inability to use, the Platform or Services or websites linked to it; any losses not directly caused by SUBSCRIBE ME’s breach of the Subscription Agreement; any indirect, incidental, consequential or punitive damages, including loss of revenue, loss of profits, loss of data, loss of business reputation, or otherwise; errors, mistakes or inaccuracies in your personal information or other data stored within your Account; failure to provide the Services where such failure is due to events beyond SUBSCRIBE ME’s control (including, without limitation, a network failure, fire, flood, act of war, terrorism, any law or action taken by a government or public authority, and act of God).

Any cause of action or claim you may have arising out of or relating to the Subscription Agreement or the Services must be commenced within 1 year after the cause of action accrues, failing which such cause of action or claim is permanently barred.


SUBSCRIBE ME’s maximum aggregate liability to you shall be limited to the actual amount paid by you for the Services you order through the Platform or AED 50,000.00, whichever is lower.

Indemnification

You agree to defend, indemnify, and hold SUBSCRIBE ME and its officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Platform and Services or your violation of the Subscription Agreement.

Resolving Complaints

If you are dissatisfied in any way with the Services or the Program, you may make a complaint to SUBSCRIBE ME at any time. SUBSCRIBE ME will use its best efforts to deal with your complaint in a fair and timely manner. On some occasions, SUBSCRIBE ME may appoint a third party to handle your complaint.

Ownership of Intellectual Property

You acknowledge and agree that SUBSCRIBE ME retains ownership of all intellectual property rights relating to the Platform, the Services, including patents, copyrights, graphics, logos, and trademarks, which may not be copied, downloaded, reproduced, used, or modified without prior written consent from SUBSCRIBE ME. All other names, logos, product and service names, designs, and slogans on the Platform or used in connection with the Services are the trademarks of their respective owners.

Forms of Communication

You acknowledge you are contracting with us electronically and agree we may use electronic means to communicate with you to provide notices and disclosures (including email and the Platform).

Additionally, you agree to us contacting you via other means including, but not limited to, written or verbal means using the contact information you provide to us in your Account.

Privacy Policy

Any information, including personal identification information or banking information, you provide to us for the purposes of accessing the Program and using the Platform and the Services will be governed by our Privacy Policy.

Governing Law and Jurisdiction

The Subscription Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the Emirate of Dubai and all applicable federal laws of the United Arab Emirates. Any dispute arising out of or in connection with the Subscription Agreement, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the Dubai Courts.

General

The rights granted to you under the Subscription Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer the Subscription Agreement without the written consent of SUBSCRIBE ME shall be void and of no effect. SUBSCRIBE ME may assign the Subscription Agreement to an affiliate or to another entity whether in connection with a corporate transaction or otherwise.


No delay or omission by SUBSCRIBE ME to exercise any right or power shall impair any such right or power or be construed to be a waiver of it.


Unless stated otherwise, all remedies provided for in this Agreement are cumulative and in addition to any other remedies available to either party at law, in equity, or otherwise.

If any term, provision, covenant, or condition of the Subscription Agreement is held to be invalid or unenforceable for any reason, the remainder of its provisions will continue in full force and effect as if the invalid portion had been eliminated.


If there are differences between these Terms and a Subscription Agreement, the Subscription Agreement will take precedence.


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