ACCEPTANCE

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The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts provision of the Works. The Company (at their sole discretion) shall only provide the Works after written confirmation from the Customer confirming their request thereof. These terms and conditions may only be amended with the Company’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and the Company.

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PRIVACY POLICY

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The Company is committed to ensuring that the Customer privacy is protected. Should we ask the Customer to provide certain information by which they can be identified, then they can be assured that it will only be used in accordance with this privacy statement. The following types of information about the Customer that will be required is, information such as first name, last name, contact information including email address, vehicle information such as make, model, colour, vehicle identification number (VIN), KMS, Plate. We require this information to understand the Customer needs and provide the Customer vehicle with the correct parts and products and a better service, and for the other following reasons: Internal record keeping. We may use the information to improve our products and services. We may periodically send promotional email about new products, special offers or other information which we think the Customer may find interesting using the email address provided. The Company is committed to ensuring that the Customer information is secure. In order to prevent unauthorised access or disclosure, the Company have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect. The Company will not sell or share the Customer information to third parties outside the Company.

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PRICE & PAYMENT

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At the Company’s sole discretion the Price shall be either: as indicated on any invoice provided by the Company to the Customer; or the Company’s estimated Price which shall not be deemed binding upon the Company as the actual Pricecan only be determined upon completion of the Works. The Company undertakes to keep the Customer informed should the actual Price look likely to exceed the original estimate; or the Company’s quoted Price which shall be binding upon the Company provided that the Customer shall accept the Company’s quotation in writing within thirty (30) days of issue; and unless specifically stated otherwise in writing by the Company, any freight charges or other costs to suppliers for Parts shall not be included in the Price. Time for payment for the Works being of the essence, the Price will be payable by the Customer on the date/s determined by the Company, which may be: on collection of the Parts or vehicle, the date specified on any invoice or other form as being the date for payment. For settlement of this invoice we are able to accept payment in cash, by credit card or bank transfer only. All parts replaced and billed under this invoice will be available for collection at the time of settling this invoice and collecting the vehicle. The Company does not store replaced parts after invoicing is completed and will accept no liability for the parts after this time. The Customer acknowledges and agrees that the Company shall be entitled to: retain any components replaced during the provision of the Works; should the Customer leave the parts with the Company and the Company has the right to retain all proceeds obtained from the sale of such components to any auto recycler or salvage yard.

ADDITIONAL CHARGES

The Company reserves the right to change the Price: if a variation to the Works which are to be provided is requested; or where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, further faults which are found upon disassembly and/or further inspection) which are only discovered upon commencement of the Works; or in the event of increases to the Company in the cost of labour or Parts which are beyond the Company’s control. Where the Company is requested to store the Customer’s Parts or vehicle, or where Parts or vehicles are not collected within twenty-four (24) hours of advice to the Customer that they are ready for collection, then the Company (at its sole discretion) may charge the Customer a reasonable fee for storage. If the Company has been requested by the Customer to diagnose a fault that requires disassembly and/or testing, all costs involved will be charged to the Customer irrespective of whether or not the repair goes ahead.

PROVISION OF THE WORKS

Where the Company is to provide any Works at the Customer’s nominated address, then the Customer shall be liable for all costs incurred by the Company from the time they depart from, and until they return to, their normal place of work (including, but not limited to, mileage and time calculated at the Company’s standard labour rate and any Parts purchased for the Works). The Company may provide the Works in separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions. Any time or date given by the Company to the Customer is an estimate only. The Customer must still accept provision of the Works even if late, and the Company will not be liable for any loss or damage incurred by the Customer as a result of this.

RISK

The Customer acknowledges that the Company is only responsible for Parts that are replaced by the Company and that in the event that other components subsequently fail, the Customer agrees to indemnify the Company against any loss or damage to the vehicle, Parts, or caused by the components, or any part thereof howsoever arising. The Company shall not be liable for the loss of or damage to the vehicle, its accessories or contents while being serviced or being driven in connection with the authorised Works, unless caused by the negligence of the Company or the Company’s employees. It is the Customer’s responsibility to ensure that the vehicle is insured against all possible damage (including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks) whilst stored at the Company’s premises. The vehicle is at all times stored and repaired at the Customer’s sole risk. All parts and labour undertaken as part of this invoice are warranted for a period of six months from the date of invoice. Please note that all tuning and modification works are done for motorsport use only and may not conform to regulations for road use. The Company therefore will accept no responsibility or liability for the use of tuning products, intended for track use only, on the public highway.

TITLE

The Customer acknowledges and agrees that the Customer’s obligations to the Company for the provision of Works shall not cease, and subsequent ownership of the Parts shall not pass, until: the Customer has paid the Company all amounts owing for the Works; and the Customer has met all other obligations due by the Customer to the Company in respect of all contracts between the Company and the Customer. It is further agreed that: until ownership of the Works passes to the Customer, the Customer is only a bailee of the Parts and must return the Parts to the Company on request.

UNPAID SELLER’S RIGHTS

Where the Customer has left any item with the Company for repair, modification, exchange or for the Company to perform any other service in relation to the item and the Company has not received or been tendered the whole of any moneys owing to it by the Customer, the Company shall have, until all moneys owing to the Company are paid: a lien on the item; and the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods. The lien of the Company shall continue despite the commencement of proceedings, or judgment for any moneys owing to the Company having been obtained against the Customer.

GENERAL

The failure by the Company to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Company’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

These terms and conditions and any contract to which they apply shall be governed by the laws of the United Arab Emirates, in which the Company has its principal place of business, and are subject to the jurisdiction of the UAE Court in Dubai.

The Company shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Company of these terms and conditions (alternatively the Company’s liability shall be limited to damages which under no circumstances shall exceed the Price). The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by the Company nor to withhold payment of any invoice because part of that invoice is in dispute.

The Company may license or sub-contract all or any part of its rights and obligations without the Customer’s consent, and: the Company does not warrant the accuracy or quality of the sub-contractor’s work or warrant that any recommendations of the sub-contractor are appropriate or adequate or are fit for their purpose or that they are not given negligently; and the Customer shall not make any demand on the Company or commence any legal proceedings against the Company, and the Company shall have no liability, whether in negligence or otherwise, to the Customer in relation to any work performed by the sub-contractor.

The Customer agrees that the Company may amend these terms and conditions at any time. If the Company makes a change to these terms and conditions, then that change will take effect from the date on which the Company notifies the Customer of such change. The Customer will be taken to have accepted such changes if the Customer makes a further request for the Company to provide Works to the Customer. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.

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The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information. If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide. When you register for an account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number.

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HOW WE USE YOUR INFORMATION

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We use the information we collect in various ways, including to:

• Provide, operate, and maintain our website

• Improve, personalise, and expand our website

• Understand and analyse how you use our website

• Develop new products, services, features, and functionality

• Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the website, and for marketing and promotional purposes

• Send you emails

• Find and prevent fraud

 

LOG FILES

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gsq-offroad.com follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services; analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analysing trends, administering the site, tracking users movement on the website, and gathering demographic information.

 

COOKIES AND WEB BEACONS

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Like any other website, www.gsq-offroad.com uses ‘cookies’. These cookies are used to store information including visitors preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimise the users experience by customising our web page content based on visitors browser type and/or other information.

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DOUBLE CLICK DART COOKIE

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Google is one of a third-party vendor on our site. It also uses cookies, known as DART cookies, to serve ads to our site visitors based upon their visit to www.gsq-offroad.com and other sites on the internet. However, visitors may choose to decline the use of DART cookies by visiting the Google ad and content network Privacy Policy at the following URL https://policies.google.com/technologies/ads.

Some advertisers on our site may use cookies and web beacons. Our advertising partners are listed below. Each of our advertising partners has their own Privacy Policy for their policies on user data. For easier access, we hyperlinked to their Privacy Policies below.

 

GOOGLE

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https://policies.google.com/technologies/ads

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ADVERTISING PARTNERS PRIVACY POLICIES

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You may consult this list to find the Privacy Policy for each of the advertising partners of werksmotorsport.com. Third-party ad servers or ad networks uses technologies like cookies, JavaScript, or Web Beacons that are used in their respective advertisements and links that appear on www.gsq-offroad.com, which are sent directly to users browser. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalise the advertising content that you see on websites that you visit.

Note that www.gsq-offroad.com has no access to or control over these cookies that are used by third-party advertisers.

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THIRD-PARTY PRIVACY POLICIES

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www.gsq-offroad.com Privacy Policy does not apply to other advertisers or websites. Thus, we are advising you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt-out of certain options.

You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers respective websites. What Are Cookies?

 

GDPR PRIVACY POLICY

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General Data Protection Regulations:

• We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following: The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service.

• The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.

• The right to erasure – You have the right to request that we erase your personal data, under certain conditions.

• The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.

• The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.

• The right to data portability – You have the right to request that we transfer the data that we have collected to another organisation, or directly to you, under certain conditions.

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If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please