Terms & Conditions

For Users

1. Terms

Oneclick Drive Portal (collectively “One Click Group”, “MK XYZ”, “we”, “us”, “our”) is based in the UAE and owns and operates the Internet website at www.MK XYZ.com (the “Website”) and an Application. (The “App”) (The Website and the App are collectively referred to as the “Platform”).

By accessing and using the Platform, you are expressly consenting to terms and conditions outlined on this page that are effective as of the date and time you use or access the Platform (the “Terms”). Please read the Terms carefully before accessing or using the information and services available through this Platform.

These Terms will constitute a legal agreement between “you” (the User of this Platform) and Oneclick Drive Platform (MK XYZ.com or MK XYZ). If you do not agree to, or cannot comply with, the Terms kindly refrain from using this Platform.

These Terms may be modified from time to time without notice to you and you should therefore regularly review these Terms for any such modifications. If you do not agree to any change to the Terms then you must immediately stop using the Website.

Certain areas of the Platform may be subject to additional terms of use. By using such areas, or any part of, you agree to be bound by the additional terms of use applicable to such areas. Please refer to our Privacy Policy for information about how we use your data. “Agent / Service Provider / Third Party / Merchant /Supplier / Dealer” means an independent Service Provider of Products / services through which the service will be provided.

MK XYZ Platform provides chauffeur service arrangement, yacht rental services through third Party Suppliers. MK XYZ Platform works as an intermediate, and not in the provision of the travel, rental service itself and therefore, we shall not be liable for deficiencies in the services provided by any of the these Service Providers to the Users.

It is the User’s responsibility to ensure that all information that they, or someone else on their behalf, have provided to MK XYZ Platform is complete and accurate. The User acknowledges and agrees that any information or documents submitted to the Platform will be treated on an 'as-is' basis, and the Platform shall not be held liable for any errors, omissions, or falsifications in such information or documents.

During the booking you (the User) shall pay a booking amount as mentioned for the services. MK XYZ will provide the User with invoice for the bookings done by email as provided by the User.

MK XYZ reserves the right to at any time make changes to the Platform in a way that is appropriate to the User, so as to further develop and improve their quality. In addition, MK XYZ reserves the right to, with good cause, temporarily or permanently discontinue its services on the Platform, even without User being informed directly of this.

The User can pay for their ride by credit card or any method of payment introduced by the MK XYZ Platform from time to time. Any transaction fees when making payments by credit card (e.g. due to different currencies) will be borne by the User. The displayed price and currency selected by you, will be the same price and currency charged to the Card and sent to you in the invoice by email. MK XYZ Platform is not liable for any fluctuations in currency exchange rates, and the User will bear any associated costs.

Chauffeur Services

• The contract for Chauffeur Services or Rent a Car will be concluded directly between the User and the third-party service provider offering these services through the MK XYZ Platform. MK XYZ acts solely as an intermediary platform connecting Users with these service providers. In no event shall MK XYZ be considered a party to the contract, nor shall MK XYZ bear any obligations, liabilities, or responsibilities (whether direct or indirect) for the provision of services by the third-party service provider.
• For the Chauffeur Service section and Rent a Car section, once a user submits the booking form on the Platform and makes a payment, MK XYZ will send a booking confirmation and payment invoice email to the User.
• Upon receiving the booking confirmation, the User may contact the Supplier directly to demand the transportation services, with any subsequent claims, issues, or disputes to be addressed directly with the Supplier.
• During the ride, all passengers are required to follow laws as per the local Transport Authority, especially the seatbelt regulations. Any instructions given by the driver must be followed. Passengers are not allowed to open the doors while driving, throw any objects from the vehicle, and/or stick body parts out of the vehicle. Smoking is prohibited in the vehicle. Any violation of the above rules may result in the User incurring the cost of vehicle cleaning, compensation for lost business due to vehicle downtime, and any fines/penalties imposed by local authorities in the UAE due to the User’s or passengers’ actions. The consumption of food and alcoholic drinks are not allowed in the car.
• Special circumstances, such as air-traffic control strikes, extreme weather conditions, or other unforeseeable events, may lead to delays, cancellations, or changes in service. In such cases, MK XYZ or the third-party service provider will not be liable for any inconvenience or damages incurred by the User. The User acknowledges that longer waiting times, delays, and last-minute cancellations may occur in such exceptional situations and agrees to accept them as reasonable under the circumstances.
• The maximum number of passengers and pieces of luggage mentioned for each vehicle is based on factors such as size and weight of passengers and luggage. The Driver can, at any time, refuse the carriage of passengers or luggage for the safety of passengers and vehicle. The User is responsible for ensuring that all passengers and luggage comply with the stated vehicle capacity limits. Additionally, neither MK XYZ Platform nor the Service Provider shall be responsible for the security of the luggages.
• The User can choose from different vehicle classes (e.g. “Luxury, Executive, Standard, Luxury etc.”) for their trip available on the Platform. User accepts and acknowledges that the vehicle images provided on the Platform are for illustrative purposes only and may differ from the actual vehicle provided for the booking and the actual models may vary for the booked vehicle category. All cars are as per local specifications. In the event that the selected vehicle class is unavailable, MK XYZ or the third-party service provider may offer an upgrade to a higher class of vehicle, subject to availability.
• The User who is renting a car from the rent a car section will be required to provide the valid documents (for UAE resident: UAE driving license, Emirates ID, etc for Non-UAE residents International driving permit/GCC driving license or any other documents which may deem fit ) which shall be under the name of the User. The User shall make sure the documents provided are correct, valid and updated.
• The User, when renting a car through the MK XYZ Platform, agrees not to permit any third party, including but not limited to minors, to drive the vehicle under any circumstances. In the event of such a violation, the User shall indemnify and hold harmless MK XYZ and the Service Provider from any and all losses, damages, liabilities, or expenses arising from such unauthorized use.
• MK XYZ is not responsible for any issues arising from the services provided by the third-party service providers, including but not limited to accidents, delays, vehicle breakdowns, or any other incidents during the ride or car rental period.
• MK XYZ will not be liable for any damages, losses, or claims arising directly or indirectly from the use of Chauffeur Services or Rent a Car services booked through the Platform.
• The User acknowledges that any disputes or claims regarding the services must be directed to the third-party service provider, and the User indemnifies MK XYZ from any such claims.
• MK XYZ reserves the right to update, modify, or change these terms and conditions at any time without prior notice. The latest version of the terms will be available on the Platform. By using the Platform to book Chauffeur Services or Rent a Car, the User agrees to these terms and conditions in their entirety and acknowledges that they have read, understood, and accepted all provisions.

Yacht Rental Services

• The contract would be concluded between the user who has booked the yacht and the owner of the yacht who has listed their yacht on this platform.
• In no circumstances will the contract for the yacht be considered between the user and us, nor will we be under any obligations for the service provided by the yachtsman. MK XYZ acts solely as an intermediary platform for the booking process and, in no circumstances, will MK XYZ be considered a party to the contract, nor will MK XYZ assume any obligations related to the service provided by the yachtsman or the yacht owner.
• Once a user submits the booking form on the platform and makes a payment, MK XYZ will send a booking confirmation email to the user.
• The yachtsman will have a captain and crew on board who will make sure to comply with the rules applicable to them.
• The headcount will be considered as per the number of lives on board, and maximum capacity of the yacht cannot be exceeded at any point.
• All guests are responsible for their personal belongings and valuables.
• All children or infants are to be closely supervised by their parents/guardians and are the sole responsibility of their parents or guardians.
• All guests must put on life jackets in accordance with Coast Guard regulations. Children and infants should keep their life vests drawn all throughout the cruise.
• All passengers should carry either original valid ID or passport, original on the date of the event, as per Coast Guard Regulations. The captain has the authority to refuse any passengers the right to enter the yacht without the above mentioned requirement.
• Guests under the influence of alcohol or otherwise of violating Coast Guard Regulations or UAE government policies are liable to legal proceedings directly with the authority and solely responsible for the penalties/fines in accordance.
• Any use of professional photography for the purpose of public screening requires pre-authorization from relevant authorities.
• The captain’s decision is final once the sailing of the yacht commences. Any non-adherence to the captain’s reminder/warning or non-adherence to Dubai Coast Guard Regulations may result in strict action.
• Any fines/damages that arise due to acts committed by a passenger shall be the responsibility of such passenger and the individual/user who has made the booking, and the same shall be borne by them.
• We shall not be liable or held responsible for any additional expenses that may be caused by injury, sickness, and/or death, nor shall be responsible for any personal harm and/or injuries.
• Smoking of cigarettes/sheesha/hookah is prohibited on a yacht unless permitted by the captain.
• Alcohol is not allowed on yachts during the holy month of Ramadan.
• The passenger should not throw litter in the sea and must use appropriate disposal bins for it.
• Users shall not engage in any fishing or submarine activities without valid licence and/or permission.
• No crew member shall be subjected to any type of harassment by the user and/or any passenger(s) at any time during the sailing period.
• The user and/or passenger(s) shall not bring any pets or any other animals on board without the consent of the yachtsman.
• In the event of unforeseen circumstances such as bad weather, mechanical issues, coast guard restrictions, or new laws, we may cancel your reservation. We'll offer alternative day options or rescheduling.
• Failure to inform the supplier about the cancellation or a no-show will result in no refund.

Cancellation and Refund Policy

• Cancellations 15 Days or More Before Departure: Subject to a cancellation fee of 10% of the deposit.
• Cancellations 14 to 7 Days Before Departure: The deposit is subject to a 20% forfeiture.
• Cancellations 6 to 5 Days Before Departure: The deposit is subject to a 50% forfeiture.
• Cancellations 4 to 3 Days Before Departure: The deposit is subject to a 70% forfeiture.
• Cancellations Less Than 72 Hours Before Departure: No refund will be provided; the full deposit will be forfeited.
• No Show: In the event of a no-show, the full deposit will be forfeited, and no refunds will be issued.

• Notice Period: A minimum of 48 hours’ notice is required to cancel catering services without incurring charges.
• Less Than 48 Hours Notice: Full charges for the catering services will apply.

• Refunds, if applicable, will be processed within 14 business days from the date of cancellation.
• The refund amount will be credited back to the original payment method used at the time of booking.

2. Use License & Restrictions

Permission is granted to temporarily download copies of the materials (information or software) on MK XYZ.com Platform for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• Modify or copy the materials;
• Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• Attempt to decompile or reverse engineer any software contained on web site;
• Remove any copyright or other proprietary notations from the materials;
• Transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by MK XYZ.com/Platform at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Your Responsibilities, Redemption & Refunds

We provide an online Platform (which refers to this website, mobile app, etc.) where we promote third-party/merchant businesses on our Platform. In order to make a purchase you need to register on the Platform using a valid email address and password. We are never a buyer and usually not the Service Provider; we provide a venue/platform for Service Providers and you to negotiate and complete transactions. This means that in addition to this Agreement, you will have other contractual relationships with different legal entities when you interact with the Site. MK XYZ makes no warranty about the standard or quality of any product and/or service. We base our promotional material on information provided by the Agent / Seller / Third Party / Supplier / Merchant and affiliates. MK XYZ will collect money from customers on behalf of the Agent / Service Provider / Third Party / Merchant, and then send confirmation emails for goods and services to be provided by these Agent / Service Provider / Third Party / Merchant. The payment for it will be collected via online credit card payment. Once the payment is made, the confirmation notice will be sent to the user via email within 24 (twenty four) hours of receipt of payment. In case where you wish to cancel a booking, it is mandatory for you to notify us at least before 24 (twenty four) hours of the scheduled time. A nominal amount shall be deducted towards cancellation fees and the balance shall be refunded to the original mode of payment within 10 (ten) to 45 (forty five) days depending on the issuing bank of the credit card. If you fail to notify us within the prescribed time limit, we shall be entitled to deduct the entire amount and no refund shall be made.

For most of the listed ads, we are also not a car rental / sales agency / limousine company and we provide a service whereby agents may market and you may view car details ('Details') together with other content hosted and developed by us. The agents are responsible for preparing the details and field enquiries directly from you. Details are hosted by us in good faith but are produced directly by agents and have not been verified by us. You are responsible for making your own enquiries/purchases and we provide no guarantee and accept no responsibility for the accuracy or completeness of any information contained within the details.

• You are responsible for checking, confirming and satisfying yourself as the final customer
• You are responsible for instructing a surveyor and obtaining legal advice before you do any transaction on our site
• You are responsible for ensuring that you act in good faith towards any other accuracy of any details committing to any businesses.
• You are responsible for checking the car model which is mentioned in the car advertisement itself.

4. Limitations

In no event shall MK XYZ Portal or its suppliers be 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 MK XYZ Internet Website and Mobile application, even if MK XYZ or a MK XYZ’s authorized representative has been notified orally or in writing of the possibility of such damage.

5. Revisions and Errata

The materials appearing on MK XYZ Platform could include technical, typographical, or photographic errors. MK XYZ Platform does not warrant that any of the materials on its Platform are accurate, complete, or current. MK XYZ Platform may make changes to the materials contained on its web site at any time without notice.

6. Additional Payment Terms

• “United Arab Emirates is our country of domicile” and stipulate that the governing law is the local law.
• This Platform is secured with a SSL as well as secure payment gateway. Transactions on the Platform are protected.
• Visa and Master Card using AED currency will be accepted for payment. 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 supersede all other written and oral communications or agreements with regard to the subject matters discussed in these Terms and Conditions. A waiver or modification of these Terms and Conditions will only be effective if made in writing signed by an authorized officer of MK XYZ. All refunds will be made onto the original mode of payment.
• We will not trade with or provide any services to individuals and companies owned or controlled by, or acting for on behalf of OFAC and sanctioned countries and individuals and groups, and entities, such as terrorist and narcotic traffickers designated under the OFAC program that are not country specific.
• Customer using the Platform who are Minor /under the age of 18 shall not register as a User of the Platform and shall not transact on or use the Platform.
• Cardholder must retain a copy of transaction records.
• User is responsible for maintaining the confidentiality of his account.
• In Case of Refunds, it will be made onto the original mode of payment and will be processed within 10 (ten) to 45 (forty five) days depends on the issuing bank of the credit card.

7. Availability of Platform

We strive to ensure that our Platform and the Services are available to you at all times but cannot guarantee that either the Platform or the Services will operate continuously, without interruptions or be fault-free. On occasion, necessary maintenance or upgrade work requires us to make the Platform and the Services unavailable without notice, but we aim to keep downtime to a minimum. We accept no liability for any interruption and/or loss of service. We reserve the absolute right to alter, suspend or discontinue any part of our Platform or the Services, including your access to it.

8. Links & Third Parties

The Platform may contain links to other websites on the Internet that are owned and operated by third parties (the “External Sites”). These links are provided solely as a convenience to you and not as an endorsement by One Click Group of the contents on such External Sites. You acknowledge that MK XYZ Platform is not responsible for the availability of, or the information and content of any External Site. You should contact the site administrator or web-master for those External Sites if you have any concerns regarding such links or the content located on such external Sites. If you decide to access linked third party websites, you do so at your own risk.

9. Platform Terms of Use Modifications

MK XYZ may revise these terms of use for its Platform at any time without notice. By using this Platform you are agreeing to be bound by the then current version of these Terms and Conditions.

10. Disclaimer

• We are under no obligation to monitor or censor any material generated by users of the Service on our Platform. However, we reserve the right to do so at our discretion.
• We are not responsible for the content on the Service or for any errors or omissions therein.
• Systems or technological failures may interfere with or prevent access to all or part of the Service.
• You are responsible for covering the costs of all telecommunications services, including any charges incurred for Internet access when using our Platform, whether or not such access is arranged by us.
• You grant us the right to commercialize, copy, license, use, and adapt any material you generate or submit in connection with the Service for any purpose.
• You are responsible for the security and integrity of your data.
• Data transmission over the Internet may be subject to delays or errors.
• We may periodically contact you with information about products, services, or opportunities offered by us and our business partners. By agreeing to this, you authorize us to contact you via email, SMS, MMS, and other electronic media, unless you explicitly request that we cease communication through these methods.

You hereby accept to disclaim MK XYZ.com from any wrong information submitted by car rental companies or us.

11. Governing Law

Any claim relating to MK XYZ Platform shall be governed by the laws of the UAE without regard to its conflict of law provisions.

12. Airport Transfer

Airport transfer comprises a single, non-stop journey starting from or ending at the selected airport within the United Arab Emirates. No halts are allowed during the journey.

13. Airport Parking

Upto one airport parking cost is included within each service in case of a booking starting or ending at the airport.

14. Chauffeur Service Limitation

Chauffeur service cannot be used for the purpose of repeated shuttling different passengers. Please write to info@MK XYZ.com for a custom quote in case of such a requirement.

For Agents

Introduction

“We”, “Our”, “Us” refers to Oneclick Drive Portal trading as “MK XYZ.com” and its subsidiaries, employees, officers, agents, affiliates or assigned parties. “Our web site” and “Application” collectively refers to Platform. “You”, “Your” or “the Client” refers to you as the user of the Car / Automobiles / Yacht Internet Service (the “Service”). “Service” may include any of the following or a combination thereof depending on the membership chosen:

• process that will facilitate your uploading and managing your own car /yacht Packages listings;
• having your cars/yacht packages featured on our Platform;
• inclusion of your cars/yacht packages in e-mail alerts;
• Website and banners design services;
• email marketing campaigns

The following are the standard terms and conditions (“Terms and Conditions”) that apply to your use of the Service. Receipt of an Advertising Agreement signed by you will constitute your acceptance of the Terms and Conditions. Please read the Terms and Conditions in conjunction with the Advertising Agreement, and any other document provided to you at the time of signing the Advertising Agreement. All “month” references found in the Advertising Agreement, MK XYZ Platform, media kits, Oneclick Drive Portal branded marketing material or any other MK XYZ written or verbal communications refer to a thirty (30) day period.

1. Your Obligations

You agree to the following:

• Adherence to Law: You will advertise only goods and services that are currently available and in accordance with applicable laws, including regulations from the RTA or any other relevant local authority.
• Trade License: You must possess a valid trade license in the United Arab Emirates (UAE).
• Accurate Listings: You must ensure that all content related to your listings, whether it be car, yacht, or safari packages, is accurate and does not mislead or deceive the customer. We reserve the right to remove any listings that breach this policy.
• Compliance: You will ensure that all communications and documents related to the listings do not infringe on third-party rights, including but not limited to copyright, trademarks, or intellectual property.
• Communication: You agree that we can contact you via email, SMS, or other media to inform you about updates, offers, and products related to our platform.
• Material Ownership and Authorization: You represent that you have the right to use and share any material related to your listing and that all content submitted to our platform is authorized by the owners of the material.
• Prohibited Content: You agree not to use our Platform to distribute any content that could harm the platform's integrity or reputation.
• Third-Party Services: You acknowledge that any third-party service you offer via our Platform remains your sole responsibility. Any complaints or claims regarding service failure, delivery, or customer dissatisfaction must be resolved by you, the agent or service provider.

• By using the Service, you grant us an irrevocable, world-wide, royalty free license
• We are under no obligation to monitor or censor any material generated by users of the Service on our Platform. However, we reserve the right to do so at our discretion.
• We are not responsible for the content on the Service or for any errors or omissions therein.
• Systems or technological failures may interfere with or prevent access to all or part of the Service.
• You are responsible for covering the costs of all telecommunications services, including any charges incurred for Internet access when using our Platform, whether or not such access is arranged by us.
• You grant us the right to commercialize, copy, license, use, and adapt any material you generate or submit in connection with the Service for any purpose.
• You are responsible for the security and integrity of your data.
• Data transmission over the Internet may be subject to delays or errors.
• We may periodically contact you with information about products, services, or opportunities offered by us and our business partners. By agreeing to this, you authorize us to contact you via email, SMS, MMS, and other electronic media, unless you explicitly request that we cease communication through these methods.

Agreement Term, Suspension, or Termination of Service

• You may not terminate this Agreement prior to the end of the contracted term under any circumstances. Unless otherwise specified in the Advertising Agreement, the term of this Agreement is twelve (12) months from the start date indicated in the Agreement.
• Upon expiration of the Agreement term, it will automatically expire unless you renew it with us.
• We reserve the right to terminate this Agreement at any time for any reason, provided that we give you thirty (30) days' written notice.
• If you continue to use the Service after termination, you remain responsible for any costs incurred.
• We may suspend or temporarily remove any advertisement you have uploaded to our Platform, or terminate the Agreement immediately, under the following circumstances:
• {'subpoints': ['Failure to pay fees or charges due by the specified date.', 'A breach of any part of the Agreement that is not rectified within seven (7) days after we provide written notice.', 'If any material you provide is false or misleading.', 'If you enter into bankruptcy, liquidation, administration, receivership, a composition with creditors, or become insolvent.', 'If you die, or if you are a partnership that is dissolved or under dissolution, or if you become subject to any similar proceedings.']}
• Failure to pay fees or charges due by the specified date.
• A breach of any part of the Agreement that is not rectified within seven (7) days after we provide written notice.
• If any material you provide is false or misleading.
• If you enter into bankruptcy, liquidation, administration, receivership, a composition with creditors, or become insolvent.
• If you die, or if you are a partnership that is dissolved or under dissolution, or if you become subject to any similar proceedings.
• You acknowledge and agree that the termination of this Agreement does not relieve you from any outstanding obligations or liabilities. We reserve the right to enforce these obligations at any time, even after termination.

2. Packages, Fees and Payment

Full payment in advance or payment via Post Dated Checks (PDCs) issued by the relevant company account prior to the start date outlined in the Advertising Agreement for the rent a car advertising section/ Yacht section packages, are the only acceptable forms of payment for this Agreement. The current fees for the Service are specified in your Advertising Agreement. We offer a number of different packages that vary in terms of price and services included. You may subscribe to any of these packages but switching, or addition of special conditions to, packages is at our sole discretion. We reserve the right to amend the terms and conditions of this Agreement, including package components and fees, at any time. You will be given notice of any changes to our fees or package components. The percentage of success fee will be mentioned on the advertising agreement/contract. VAT on the same will be charged as per UAE law if applicable. After deducting the success fee the Agent / Seller / Third Party / Merchant will receive the balance amount only for vouchers where the Agent / Service Provider / Third Party / Merchant has informed MK XYZ. Payment will be transferred to the Agent / Service Provider / Third Party / Merchant on weekly basis. MK XYZ success fee will become due when a booking is generated/sold and MK XYZ is under no obligation to transfer any amount to the Agent / Service Provider / Third Party / Merchant when service is not provided by the Merchant. MK XYZ has the right to refund any customer who has a valid complaint about Agent / Service Provider / Third Party / Merchant offering, including but not limited to its supply or delivery.

3. Refund Policy

Content posted on Platform, whether by Credit Card through the Platform, or by cheque or bank transfer via a commercial contract is paid content (“Paid Content”) and must be paid for by the originator of the content.

4. Limitation of Liability and Indemnity

To the extent allowable under laws applicable in the United Arab Emirates we:

• exclude all conditions and warranties implied into the Agreement;
• exclude consequential, special or indirect loss or damage (included but not limited)
• limit our liability for breach of any condition or warranty that we cannot exclude to
• resupplying the Service;
• paying the cost of having the Service resupplied;
• limit our liability in respect of any other claim in connection with the Agreement to loss of opportunity, loss of revenue and loss of profits); the greater of (at our option): whether the claim is based in contract, tort (including negligence) or statute to the amount paid to us by you under this Agreement.
• We will not be liable under this Agreement to the extent that liability is caused by:
• {'subpoints': ['any breach of your obligations under this agreement;', 'any delay in performance or breach of the Agreement which arises as a result of any matter beyond our control including but not limited to viruses, other defects or failure of the server hosting our Platform.']}
• any breach of your obligations under this agreement;
• any delay in performance or breach of the Agreement which arises as a result of any matter beyond our control including but not limited to viruses, other defects or failure of the server hosting our Platform.
• You indemnify us and our officers, employees and agents (“those indemnified”) against any direct or consequential liabilities, losses, damages, expenses and costs (including legal expenses on a solicitor and own client basis) incurred or suffered by any of those indemnified as a result of any claim or proceedings brought by a third party against those indemnified in connection with any material generated by you in connection with the Service.

5. General

We may change these Terms and Conditions at any time with or without 30 days prior written notice. You acknowledge that our publishing the amended version of the Terms and Conditions at this link on our Platform constitutes written notice to you of such changes. • No delay or failure by us to enforce any provision of this Agreement will be • A notice must be sent by e-mail, prepaid post or facsimile to your or our last • You must not assign the Agreement without our written consent. • The Agreement (together with any documents referred to in the Agreement deemed a waiver or create a precedent or will prejudice our rights. known address. or provided by us at the same time as the Agreement) comprises the entire agreement. It supersedes all prior understandings, agreements or representations. • The laws of the United Arab Emirates apply. • If any term of the Agreement is or may become for any reason invalid or unenforceable at law, the validity and enforceability of the remainder will not be affected.

For Advertisers

Introduction

“We”, “Our”, “Us” refers to Oneclick Drive Portal trading as “MK XYZ.com” (Platform) and its subsidiaries, employees, officers, agents, affiliates or assigned parties. “Our web site and Application” collectively referreds to as Platform. “You”, “Your” or “the Client” refers to you as the user of our Internet service (the “Service”).“Service” may include the following: • online banner advertising run on our Platform • email marketing campaigns • micro-website & advertising banner creative development creative services The following are the standard terms and conditions (“Terms and Conditions”) that apply to your use of the Service. Receipt of an Advertising Agreement signed by you will constitute your acceptance of the Terms and Conditions. Please read the Terms and Conditions in conjunction with the Advertising Agreement, and any other document provided to you at the time of signing the Advertising Agreement. All “month” references found in the Advertising Agreement, MK XYZ and, media kits, MK XYZ branded marketing material or any other MK XYZ written or verbal communications refer to a thirty (30) days period.

1. Your Obligations

You must: • ensure that material you generate through use of the Service is not unlawful or • ensure that you do not make, arrange or authorize the insertion of any reference for an improper purpose, including information that is defamatory, misleading or deceptive, in breach of copyright or would otherwise expose us to any liability, legal proceedings or other sanction; to us or our Platform in any document (including promotional or merchandising material) or on any web site/app other than our Platform without our prior written consent; commerce; • abide by any applicable rules and regulations related to electronic truncations and • in your use of the Service, comply with all applicable laws; • ensure that: • not make any promotional or merchandising reference to us or our Platform You acknowledge that: without our express written permission.

• By using the Service, you grant us an irrevocable, world-wide, royalty free licence
• we are not under any obligation to monitor or censor the material generated by
• we are not responsible for the Service's content or for any errors or omissions in
• systems or technological failure may impede or prevent access to all or any part of
• you are responsible for and must pay the cost of all telecommunications and to commercialize, copy, license to other persons, use and adapt for any purpose any material you generate or submit to make use of the Service. Users of the Service that appears on our Platform, however we reserve the right to do so;
• any car data provided by or on behalf of you;
• the data;
• Internet access charges incurred when using our Platform, whether or not such access has been arranged by us;
• you are responsible for the security and integrity of your data;
• transmission of data over the Internet can be subject to errors and delays;
• we will contact you from time to time to make you aware of opportunities, products and services offered by us and our business partners. You authorize us to contact you via email, SMS, MMS and other electronic media for that purpose unless you explicitly request us not to contact you via these media.

Term, Suspension or Termination of Service Unless otherwise specifically stated in the Advertising Agreement, this Agreement shall have a Term of three (3) months from the start date of this Agreement. Months are calculated as thirty (30) days. Following the expiry of the Term this agreement will end unless you renew this Agreement with Us. Without limiting our other rights, we may immediately suspend or temporarily remove details of any advertisement uploaded by you to our Platform or terminate this Agreement if: • you fail to pay any fees or charges due to us by the due date; • you breach any part of this Agreement and fail to rectify that breach within seven • any material supplied by you is false or misleading; • you enter into bankruptcy, liquidation, administration, receivership, a composition (7) days of our giving notice requiring rectification; of arrangement with your creditors, or appoint a receiver or manager over all or any part of your assets or become or are deemed to become insolvent; or • you die, or if you are in a partnership, are dissolved or an application to dissolve is filed, or if you are a company, are wound up or an application for winding up is filed. You acknowledge and agree that termination of this Agreement pursuant to this clause does not relieve you of your obligations and liabilities pursuant to the Agreement and we reserve our right to enforce such obligations and liabilities in any event. The Agent / Service Provider / Third Party / Merchant not MK XYZ is solely responsible for providing the Service Provider offering to the customer holding confirmation email including but not limited to supply or delivery for the Service Provider offering, customer service, post sales service and return management. The Service Provider cannot hold MK XYZ responsible for any possible claims of the customer holding confirmation email regarding the Service Provider offering, including but not limited to claims of personal injury, death or property damage. Any issue arising out of or related to the supply of the Service Provider offering by the Service Provider to the customer does not affect MK XYZ right to retain its success fee. MK XYZ will collect money from customers on behalf of the Agent / Service Provider / Third Party / Merchant, and then issue MK XYZ confirmation emails for goods and services to be provided by these Agent / Service Provider / Third Party / Merchant. MK XYZ will charge a success fee for every booking generated. The percentage of success fee will be mentioned on the advertising agreement/contract. VAT on the same will be charged as per UAE law if applicable. After deducting the success fee the Agent / Service Provider / Third Party / Merchant will receive the balance amount only for bookings where the Agent / Service Provider / Third Party / Merchant has informed MK XYZ. Payment will be transferred to the Agent / Service Provider / Third Party / Merchant on weekly basis. MK XYZ success fee will become due when a booking is generated and MK XYZ is under no obligation to transfer any amount to the Agent / Service Provider / Third Party / Merchant where service was not provided. MK XYZ has the right to refund any customer who has a valid complaint about Agent / Service Provider / Third Party / Merchant offering, including but not limited to its supply or delivery. If MK XYZ has already paid Agent / Service Provider / Third Party / Merchant in respect of such refunded booking, MK XYZ may recover the refunded amount from Agent / Service Provider / Third Party / Merchant.

No terms and conditions or other documents submitted or proposed by the Agent / Service Provider / Third Party / Merchant shall be binding between both parties in respect of the transactions set out as per the advertising agreement/contract, unless agreed to in writing by Oneclick Drive Portal LLC.

2. Limitation of Liability

The Platform and the Platform Content (including information on Sales Promotions) are provided on an “AS-IS”, “without faults” and “as available” basis and, to the extent lawful, with no warranties whatsoever. One Click Group expressly disclaims (to the fullest extent permitted by law) any and all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, freedom from computer virus, title, and non-infringement of proprietary rights.

• One Click Group and its personnel are not liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) arising out of, or in way connected with, the use or inability to use the Platform and the Platform Content, or inability to enter into an agreement for the sale or rent of any car listed on the Platform, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not One Click Group is advised of the possibility of such damages.
• Without limiting the above paragraph, One Click Group does not accept any liability in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with any third party advertiser in any way.
• One Click Group does not represent or endorse the accuracy or reliability of any Platform Content (including any information on Sales Promotions) and you acknowledge that any reliance upon such Platform Content (including any information on Sales Promotions) shall be at your sole risk.
• One Click Group is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on this Platform or combination thereof, including any injury or damage to any users or to any persons computer related to or resulting from participation or downloading materials in connection with the Platform.
• Reference to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by One Click Group. The views and opinions of document authors do not necessarily state or reflect those of One Click Group or any agency thereof.
• The User releases MK XYZ of all claims and expenses, including appropriate attorneys fees, levied against MK XYZ by a third party for the use of MK XYZ Platform by the User which violates the contract or is a breach of these Terms.

3. General

We may change these Terms and Conditions at any time on with or without 30 days prior written notice. You acknowledge that our publishing the amended version of the Terms and Conditions at this link on our Platform constitutes written notice to you of such changes. • No delay or failure by us to enforce any provision of this Agreement will be • A notice must be sent by e-mail, prepaid post or facsimile to your or our last • You must not assign the Agreement without our written consent. • The Agreement (together with any documents referred to in the Agreement deemed a waiver or create a precedent or will prejudice our rights. known address. or provided by us at the same time as the Agreement) comprises the entire agreement. It supersedes all prior understandings, agreements or representations. • The laws of the United Arab Emirates, the Emirate of Dubai apply. • You submit to the exclusive jurisdiction of the Courts of the Emirate of Dubai. • If any term of the Agreement is or may become for any reason invalid or unenforceable at law, the validity and enforceability of the remainder will not be affected. If any provisions of these Terms prove invalid, unenforceable, or contain loopholes, the remaining provisions remain in effect. The parties are obliged to replace the invalid, illegal, or unenforceable provisions with ones that come closest to the meaning and economic purpose and the intent of the parties.