TERMS AND CONDITIONS

Welcome to CarSwitch. These Terms and Conditions ("T&Cs") govern your use of our website, mobile applications and services. By accessing or using our services, you agree to be bound by these T&Cs, forming a legally binding agreement between you ("the User") and CarSwitch Arabia Information Technology DMCC (the “Company”). If you do not agree to these terms, you must not use our website, mobile applications or services.

CarSwitch provides a comprehensive platform for buying and selling vehicles, including a classifieds section where users can list, browse, and purchase vehicles independently. Our services facilitate transactions between Private Sellers, Dealers, and Buyers, ensuring a seamless experience in the automotive marketplace.

By accessing our platform, you confirm that you are at least 18 years old. If you are registering on behalf of a company or other legal entity, you accept that you have the authority to bind that entity to these terms, which includes having the necessary permissions or authorizations from the entity.

CarSwitch reserves the right to modify these T&Cs at any time. We will notify users of significant changes via email or through notices on our website. You can always find the latest version of the T&Cs at https://ksa.carswitch.com/en/termsandconditions.

Should you have any questions or require clarification, you can please contact us at:

Email: marhaba@carswitch.com

Phone: +966 11 277 791171

Address: CarSwitch Arabia Information Technology, Al Imam Saud bin Faysal road, Al Aqeeq District, Riyadh, Saudi Arabia with company registration number 1010686132 and VAT No 311038094700003

Thank you for choosing CarSwitch. We look forward to assisting you with all your vehicle needs.

Definitions

In these Terms and Conditions, unless the context requires otherwise:

Buyer: A private individual or a company interested in purchasing a vehicle advertised on CarSwitch.

CarSwitch: Refers to CarSwitch Arabia Information Technology including its subsidiaries, employees, officers, agents, affiliates, or assigned parties.

Classifieds Section: A part of CarSwitch’s platform branded as "Self Switch," where users can list and browse vehicles available for sale independently.

Client: Refers collectively to Buyers, Sellers (including Private Sellers using Safe Switch, Private Sellers using Self Switch, and Dealers), and any users who engage with our website, mobile applications, and affiliated products or services.

Lead: The contact information, including name, phone number and email address, of a Buyer generated when a user expresses interest in a product on our platform, typically through inquiries or engagement.

Our Platform: Refers to the CarSwitch services accessible via our website located at https://ksa.carswitch.com, our mobile applications available on Android and iOS, and any subdomains or affiliated services.

Seller: Refers to any user who lists a vehicle for sale on CarSwitch. There are three types of Sellers:

1. Safe Switch Seller: A Private Seller who avails the Safe Switch service, employing CarSwitch as an agent to inspect, list and manage the entire sales process on their behalf.
2. Self Switch Seller: A Private Seller who avails the Self Switch service, carrying out all related seller activities independently on the CarSwitch platform.

Safe Switch: CarSwitch’s branded managed selling service for used cars, where CarSwitch acts as an agent on behalf of Safe Switch Sellers to inspect, list and manage the entire sales process on their behalf.

Self Switch: CarSwitch’s branded classifieds platform, allowing Self Switch Sellers to list and manage vehicle sales independently.

We/Us/Our: Refers to CarSwitch Arabia Information Technology and its subsidiaries, employees, officers, agents, affiliates, or assigned parties.

General Terms

Eligibility and Registration: Users must be over 18 years old. By accessing the platform, you confirm your eligibility and, if accessing on behalf of a company, your authority to bind that company or entity.

Acceptance and Modifications: By using CarSwitch, you agree to these T&Cs and any specific terms. CarSwitch may modify T&Cs at any time, with significant changes notified via email or on the platform. By continuing to use the platform, you accept the terms and conditions. Regular review of T&Cs is advised.

User Responsibilities: Users must comply with all domestic laws, maintain account confidentiality, and provide accurate information, including vehicle details such as make, model, year, mileage, and condition. Users are responsible for all activities under their account and must provide all necessary documentation for ownership transfer, adhering to CarSwitch’s guidelines and legal requirements.

Fees and Payments: All fees, including upfront listing fees, success fees, and payments, must be paid as specified during the listing process. Fees are non-refundable unless otherwise stated, and users are liable for any costs associated with service activation.

Prohibited Activities: Users must not engage in unlawful, fraudulent, or deceptive activities on the platform, including listing stolen vehicles, providing false information, or violating any laws. CarSwitch reserves the right to remove any listings that breach these terms.

Termination and Suspension: CarSwitch may suspend or terminate services at any time for T&C violations, fraudulent activities, or actions that harm the platform or its users. Termination ends all service rights, and associated data may be deleted. Users remain liable for any payments due up to the point of termination.

Limitation of Liability: CarSwitch is not liable for indirect, incidental, or consequential damages from service use. Direct liability is limited to the amount paid for the service in question. However, CarSwitch is not liable for inaccuracies in vehicle information, any delays or disputes during the transfer process, or any third-party service. CarSwitch does not authenticate manufacturer warranties, service contracts, or vehicle histories. CarSwitch is also not liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on our platform.

Indemnification: Users agree to indemnify CarSwitch, its affiliates, officers, and employees against claims, damages, losses, and expenses (including legal fees) arising from service use, T&C violations, or rights infringements.

Privacy and Data Usage: User data collected through CarSwitch services is handled according to CarSwitch’s Privacy Policy, available on the platform.

Governing Law and Jurisdiction: These T&Cs are governed by UAE law, with disputes subject to UAE court jurisdiction.

Entire Agreement: These T&Cs, including referenced documents, constitute the full agreement between users and CarSwitch, superseding prior ones.

Severability: If any T&C provision is invalid or unenforceable, the remaining provisions remain effective. An enforceable term may replace an invalid one to reflect the original intent.

No Waiver: CarSwitch’s failure to enforce any T&C does not waive its rights, which may be enforced at any time.

Platform Availability: CarSwitch does not guarantee uninterrupted service and may suspend it for maintenance.

Force Majeure: CarSwitch is not liable for failure or delay due to events beyond its control, including natural disasters or governmental actions.

Transfer of Rights: CarSwitch may transfer its rights and obligations under these T&Cs to another entity with user notification. This transfer does not affect user rights.

Third-Party Rights: These T&Cs are solely between users and CarSwitch; no third party may enforce their provisions.

Governing Language: In case of discrepancies between language versions, the English version prevails to the extent permitted by law.

Legal Compliance: Users must adhere to all applicable laws, including those related to electronic transactions and commerce. CarSwitch operates in compliance with legal standards.

OFAC Sanctions: CarSwitch does not engage with OFAC-sanctioned entities. Users must ensure compliance with international sanctions and trade restrictions.

Scope of Services

CarSwitch.com is a website owned and operated by CarSwitch Arabia. Sellers may enlist CarSwitch services to aid in the sale of their vehicles. CarSwitch provides Private Sellers with services including identifying potential Buyers and facilitating the closing of a sale. Services may also include vehicle inspections, advertising, arranging test drives, and providing guidance in the transfer of ownership in accordance with the laws of the KSA.

All vehicles advertised on Our Website are owned by third parties who have enlisted Our services to aid in the sale of their vehicles. Accordingly, We are not responsible for, and expressly disclaim all liability for, any information concerning the vehicle or its owner, the current or future operability of the vehicle or any of its features, any damages incurred prior to, after, or during the sale of the vehicle, or any monetary losses or damages of any value incurred for any reason during the transfer of ownership of the vehicle.

Self Switch (classifieds platform)

Self Switch is a self-service platform where Sellers can independently list their vehicles, whilst Buyers can view the listings and contact Sellers, and the two parties can proceed to transact a vehicle independently without CarSwitch's direct involvement.

Sellers are responsible for creating accurate ad listings that adhere to our Ad Listing Guidelines, including complete vehicle details, photos, and descriptions. All communication, negotiation, and sales activities are handled directly by the Seller. Accordingly Buyers are responsible for making their own enquiries and CarSwitch provides no guarantee and accepts no responsibility for the accuracy or completeness of any information contained within the listing or communicated by the Seller or Buyer.

Safe Switch (Managed Selling Service)

Safe Switch is CarSwitch's managed service for selling used vehicles. CarSwitch acts on behalf of Safe Switch Sellers, to inspect, list and manage the entire sales process, including advertising, handling Buyer inquiries, negotiations, and assisting in the paperwork and ownership transfer - essentially helping Sellers identify Buyers and finalize sales.

Sellers are responsible for providing accurate vehicle details, necessary documentation, and cooperating with CarSwitch for vehicle inspections and test drives. When we introduce a prospective Buyer to a Safe Switch Seller, that Buyer is considered our client. Once a sale price is agreed upon with this Buyer (client) and the Safe Switch Seller, and the vehicle ownership is transferred or a monetary deposit is collected to reserve the vehicle, the Safe Switch Seller owes CarSwitch the Success Fee plus VAT. If the Safe Switch Seller later decides against transferring the vehicle to this Buyer, for any reason, the Success Fee remains payable.

Listing Fees

A non-refundable upfront fee plus VAT is payable by a Seller to have a vehicle listed on our platform for a limited period of time. CarSwitch reserves the right to remove any listing, without refund, which violates our T&Cs and may terminate servicing the respective Seller for non-compliance.

Money-back Guarantee (promotion periodically applicable, only to Safe Switch Listing Fees)

To avail the Money-back Guarantee on the Listing Fee, the Seller must have paid the Listing Fee while the Money-back Guarantee promotion was active (visible on the CarSwitch platform) and all of the following conditions apply:

1. Only valid for one Listing Fee per Seller per calendar year.
2. The vehicle must have a Fair price, Good price or Great price badge at the time of listing.
3. The request to avail the Money-back Guarantee must be received within 37 (Thirty Seven) calendar days after the Listing Fee was paid.
4. The Sellers actions prevented CarSwitch from fulfilling its role in securing a buyer, for example the Seller changed their mind and no longer wants to sell the car, or now wants to sell the car for a higher value than its listing price, or sells the car independently on their own, or is unable to transfer ownership to a buyer because of fines, its condition or other reasons.

All vehicles listed on CarSwitch are owned by third parties who have enlisted our services. CarSwitch is not responsible for, and expressly disclaims all liability for, any information regarding the vehicle or its owner, the vehicle's operability, damages before, during, or after the sale, or any financial losses during ownership transfer.

CarSwitch determines the specific placement, and order, of listed vehicles appearing to users on the platform. All listings are automatically removed once the time period of that listing product expires, or a reservation fee is collected from a Buyer, or a listing does not meet any of our Ad Listing Guidelines.

For detailed information on each service, including responsibilities, fees, and terms, please refer to the corresponding sections below. CarSwitch’s Privacy Policy, available here, outlines the privacy practices applicable to all users engaging with our platform.

Success Fee

The Success Fee is a non-refundable fee a Safe Switch Seller must pay to CarSwitch as soon as CarSwitch collects a monetary reservation deposit from a prospective Buyer who agrees to purchase the vehicle at the Safe Switch Seller’s listing price or any other price the Safe Switch Seller has agreed to. At this stage the vehicle will be automatically delisted from our platform and the Success Fee plus VAT will be payable, and non-refundable, even if the Safe Switch Seller:

1. Has already sold the vehicle to another buyer they have identified independently (Safe Switch Sellers must delist the vehicle from the CarSwitch platform either through the website, app or contacting the registered phone number to avoid paying the Success Fee).
2. Has changed the selling price after a Buyer already pays a reservation deposit.
3. Has changed their mind about selling the vehicle all together.
4. Is unable to transfer ownership of the vehicle to the Buyer for any reason, including but not limited to the vehicle condition, outstanding fines, or bank financing obligations.

Reservation Fee

To purchase a vehicle listed on our platform, a Buyer must first place a non-refundable reservation fee plus VAT as indicated on the platform. This reservation fee plus VAT is then deducted from the agreed upon selling price of the vehicle, and the balance must then be paid by the Buyer to the Seller within 7 (Seven) working days to complete the purchasing process (CarSwitch Secure Payment services can be availed to facilitate this procedure).

Once a Buyer places a reservation fee plus VAT on our platform, the Seller commits to reserve the vehicle for this Buyer for up to the time periods described below. It is the Seller’s sole responsibility to ensure the availability of the car to this Buyer, and CarSwitch does not take any responsibility regarding the Seller’s commitment to reserve it.

If a Buyer places the reservation fee plus VAT prior to physically seeing the vehicle, and the Buyer has not had any reservation fee refunded in the past 30 (Thirty) calendar days, and 48 (Forty Eight) hours have not passed since placing the reservation fee, then the reservation fee plus VAT is fully refundable if the Buyer does not like the vehicle or a comprehensive inspection of the vehicle surfaces condition issues which were not communicated on the platform.

Otherwise the reservation fee is non-refundable unless there is a material change in the condition of the vehicle from when it was physically seen by the Buyer, or if the Buyer fails to secure financing from at least two different providers within 7 working days of the reservation fee being paid and does not proceed with the purchase. A processing fee of SAR 500 will apply in the event a reservation fee is refunded.

If the Buyer opts for financing, the Seller agrees to reserve the vehicle for 7 working days from (i) when the reservation fee was placed or (ii) the Buyer physically saw the vehicle, during which the Buyer must provide written evidence of financing approval or rejection. Failure to provide this evidence results in the forfeiture of the reservation fee. If financing is approved, the Buyer must complete the ownership transfer within an additional 7 working days with the Seller's cooperation. Failure to complete the transfer also results in forfeiture of the reservation fee.

Sellers must adhere to CarSwitch's guidelines throughout the process. CarSwitch disclaims any liability for inaccuracies in any information provided by Buyers or Sellers or delays in the sales process. CarSwitch reserves the right to terminate the service for non-compliance with these terms.

Service Fee

A service fee is payable to CarSwitch by Buyers, which is typically collected alongside the reservation fee, once a Buyer completes the transfer of ownership of the vehicle. This service fee is eligible for a refund only if the transfer of ownership does not take place within 14 (fourteen) business days after the placement of the reservation fee.

Secure Payment Service

When Buyers and Sellers elect to use our Secure Payment service, CarSwitch acts as a mediator to collect, hold, and disburse funds between them until the completion of a vehicle transfer. Both Buyer and Seller are appointing CarSwitch to facilitate the transaction, and CarSwitch accepts this role.

The Buyer will initially transfer funds to CarSwitch (prior to legal transfer of ownership of the vehicle). Funds held by CarSwitch do not accrue interest to the benefit of either the Buyer or the Seller. CarSwitch will disburse the funds to the Seller upon receipt of a car registration card, possession certificate, or executed power of attorney indicating the Buyer has legally taken ownership of the vehicle or has the legal right to take ownership.

CarSwitch will refund funds to the Buyer if the transfer of ownership is not completed in a timely manner or if the car's condition has materially changed prior to transfer.

CarSwitch is not liable for losses, costs, or damages incurred during its role as a mediator, except in cases of willful or gross negligence from CarSwitch. CarSwitch relies on the instructions and documents shared by the Buyer and Seller and does not investigate their authenticity.

Third-Party Warranty

We may provide a third-party warranty on some of the vehicles advertised on our platform. Only vehicles, whose detail pages on the platform, explicitly mention such a warranty is available are eligible for this warranty (subject to the conditions below):

1. Warranties are offered by a third party provider in contract with CarSwitch for offering car warranty services. CarSwitch is in no case liable for any malfunctions of any vehicle on the platform.
2. In case of future claims related to the warranty, CarSwitch is not involved in the process of claims management and is not liable for any decisions made by the third party offering the warranty related to the approval or rejection of the claim.
3. Parts covered under the warranty may include: Engine, Gearbox, Differential, A/C compressor, Radiator, steering wheel oil reservoir, brake oil reservoir.
4. Coverage amount per claim from the service provider ranges from SAR 3,000 to SAR 5,000.
5. Buyer must sign the Warranty Terms and Conditions declaration form within 24 hours of buying the car; otherwise, the warranty can be voided by the service provider.
6. The warranties are subject to the terms and conditions of the third-party offering the service.
7. Warranties are not guaranteed to be offered on all cars on our website, even in cases where it shows a warranty badge on our website. In some cases, the car might go through additional inspections after the deposit is paid on the car, and CarSwitch or the third-party warranty provider might revoke the warranty on the car.
8. The customer is committed to periodic maintenance depending on the manufacturer’s guidelines every five thousand kilometers or every three months, whichever is earlier, or ten thousand kilometers, or six months, whichever is earlier.
9. Not to carry out any repairs before the company's approval of the parts covered by the warranty, and the customer is not entitled to claim the value of the repair except after obtaining prior approval.
10. The customer is not entitled to claim any repairs resulting from an accident or collision.

We are not responsible for, and expressly disclaim all liability for, any claims related to this warranty. The warranty terms and conditions mentioned on Our Website are for informational purposes and may be inaccurate or incomplete and may change without notice. You are required to refer to the booklet from the third-party warranty provider for accurate information.

Ad Listing Guidelines

The vehicle described in a listing must be real and available for sale in the Kingdom of Saudi Arabia. Listings describing fictional or unavailable cars are strictly prohibited, and CarSwitch reserves the right to delist a listing, without refund, if proof of ownership has not been provided.

1. Only one vehicle is permitted per listing, and accordingly the content of the listing including images must focus on a single vehicle.
2. Images should be taken of the actual vehicle, not downloaded from the internet: The images used in the advertisement must be original and taken by the Seller themselves (or a CarSwitch employee). They should be clear, of high quality and accurately represent the condition and appearance of the car being advertised without filters, branding, text or other manipulations. Upload images individually and do not upload collages.
3. Disguise license plates before uploading images and ensure no personally identifiable information is visible in the image or background (for example a Villa number and so on).
4. Provide accurate and comprehensive car description information in your listing, completing all fields requested by the platform including the year, make, model, mileage, condition, features and relevant specifications.
5. The year, make, model and specs for a listing cannot be amended.
6. Provide your valid and up to date contact information which will be publicly displayed on our platform so prospective Buyers are able to contact you directly.
7. Content of your listing must not contain any offensive, explicit, or illegal language, images, or other materials.

CarSwitch reserves the right to ask for changes to the information, request additional details, or reject the listing without refund if it does not meet these guidelines.

Online Payments

• Accepted Methods: CarSwitch accepts online payments using Visa and MasterCard credit/debit cards in SAR. Payments are processed through a secure connection, and users are charged upon confirming their intent to purchase a service.

• Payment Confirmation: Users will receive payment confirmation via email or app notification once the payment is processed. Multiple transactions may result in multiple postings to the cardholder’s monthly statement.

Refund Policy

• General Refunds: Services rendered by CarSwitch are generally non-refundable after electronic confirmation of purchase. Refunds are issued only in specific cases as outlined in these terms.

• Refund Process: Refunds, when applicable, will be made to the original payment method and processed within 10 to 45 calendar days, depending on the issuing bank.

Cancellation Policy

• Service Cancellations: Cancellations of services such as vehicle inspections, advertising, or valuation are non-refundable once paid.

• Transaction Cancellations: Cancellations related to the purchase or sale of a vehicle are non-refundable once the transaction process has commenced.

Legal Compliance

• AML and CTF Compliance: All parties involved in transactions agree to comply with relevant anti-money laundering (AML) and counter-terrorist financing (CTF) laws and regulations applicable in the KSA.

• You agree to comply with all applicable laws and regulations of the Kingdom of Saudi Arabia in your use of Our Platform and Services.

User Obligations

• Record Retention: Users must retain copies of transaction records and adhere to merchant policies and rules.

Privacy and Data Protection

• Data Collection and Usage: We collect personal information (e.g., names, contact details, IP addresses, browsing and transaction history) to facilitate transactions, enhance services, perform analytics, and communicate with users. Non-personal data may be shared with third parties for analysis.
• User Rights: Users may access, update, delete, or restrict the processing of their personal information. Requests can be made to our support team. Users may also object to data processing for direct marketing and exercise data portability rights where applicable.
• Data Retention and Security: Personal data is retained as necessary for outlined purposes or legal requirements, with industry-standard encryption and security protocols ensuring data protection.
• Privacy Policy: Detailed data handling practices, including cookie usage, are available in CarSwitch’s Privacy Policy.
• Third-Party Links: Our platform may link to third-party websites. CarSwitch is not responsible for the privacy practices of these external sites.
• Changes to Privacy Practices: CarSwitch may update privacy practices; significant changes will be communicated through platform notices.