Terms and Conditions of Use

This nolemons/NoLemons/ No Lemons website (the “Website”) is owned and operated via DDA License No. 99135 (the “entity”). These Terms and Conditions of Use (“Terms of Use” or the “Agreement”) apply only to this Website and the services contained therein (collectively, our “Services”). These Terms of Use are a legal and binding agreement between you and the entity governing your use of this Website and our Services, which includes its content, information, services, and features.

BY DOWNLOADING OR USING THIS WEBSITE OR APPLICATION, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THE FOLLOWING TERMS OF USE. IF YOU DO NOT AGREE, PLEASE DISCONTINUE YOUR USE OF THIS WEBSITE OR APPLICATION.

What is nolemons/No Lemons?

nolemons/No Lemons connects those offering cars for sale (“Sellers”) and those looking to acquire cars (“Bidders”). The Services act as a meeting place only; the actual contract for sale for each car listed on the Services is directly between the Seller and the winning Bidder (the “Buyer”). When we use the word “you” in these Terms, it refers to any user, regardless of whether he or she is a Seller, Bidder, other registered user or unregistered user, while if we use one of those specific terms, it only applies to that category of user.

nolemons/No Lemons is a platform for connecting Sellers and Bidders and is not responsible for the quality or accuracy of any vehicle or information any Bidder or Seller provides on the platform. nolemons/No Lemons IS NOT AN AUTOMOBILE BROKER, DEALER OR TRADITIONAL AUCTIONEER AND WE DO NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY VEHICLE LISTED ON THE WEBSITE OR UTILIZING THE SERVICES. NO LEMONS/No Lemons DOES NOT (I) HOLD TITLES FOR ANY VEHICLE LISTED ON THE WEBSITE UNLESS OTHERWISE SPECIFIED, (2) GUARANTEE ANY VEHICLE OR ITS CONDITION LISTED ON THE WEBSITE OR (3) HAD ANY VEHICLES LISTED ON THE WEBSITE IN ITS LEGAL POSSESSION UNLESS OTHERWISE SPECIFIED.

Modification of Terms of Use

nolemons/No Lemons reserves the right at any time to update, change, modify, or revise these Terms of Use. Any changes will become effective upon posting to this Website, along with the date on which it was most recently updated as indicated by the “Last Updated” section at the end of these Terms of Use. Your continued access to and/or use of this Website after any such changes constitutes your acceptance of the Terms of Use as modified. It is your responsibility to review the Terms of Use regularly for updates.

Eligibility

The Website and Services are not intended for access or use by children, especially those under the age of 16. If you are under the age of 16, you may not access or use the Website or Services or provide information to us. By accessing or using the Website and/or Services, you represent that you have legal capacity to enter into this Agreement and to fulfill your obligations set out in this Agreement. If you are not of an age old enough to enter into contracts in your state (i.e., a minor), you need to review this Agreement with your parent or guardian before using the Website and/or Services; if your parent or guardian does not agree with the Agreement as applied to you, then you are not authorized to access or use the Website and/or Services.

User Account

You will need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You must maintain the security of your account and account credentials, and you are responsible for any activities on your account and must promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of those users.

In connection with the use of the App, certain data—potentially also personal data—including the user details and your profile image, if any, will be collected in order to provide the App’s functions to you and to other users. For these purposes, such data may also be transferred to other nolemons/No Lemons entities and other third parties that are engaged by in this context.

You represent and warrant that (a) the user details you provide are truthful, (b) if applicable, the profile image you provide depicts only yourself and no others, and (c) you own the necessary rights to provide the user details and profile image, as well as to grant the rights of use as set forth in the next paragraph, and (d) you are not infringing any privacy right by providing and using the user details and profile image.

You hereby grant nolemons/No Lemons the right to (1) use your user details and profile image (if applicable) in connection with the presentation of your user profile, which you acknowledge is visible to other users, and (2) transfer your user details and profile image to other nolemons/No Lemons entities or to other third parties that are engaged by nolemons/No Lemons or other nolemons/No Lemons entities for purposes of providing the App and its functions.

Fees

At this time it is free to use the Website but certain aspects of the Services will require that you pay us fees (as set forth below). If you decide to use these paid aspects of the Services, you agree to the terms set forth below, as we may amend them from time to time. We reserve the right to charge for certain or all Services in the future. We will notify you before any Services (other than those set forth below) you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.

• Seller’s Fee -- There is a 2% success fee to list a vehicle for sale.
• Buyer’s Fee -- If you are the winning bidder for a car, you shall pay us a fee (a “Buyer’s Fee”) equal to 5% of the winning bid amount. Notwithstanding the foregoing, for each winning bid utilizing the Services, the minimum Buyer’s Fee is AED 1,000 (approximately $272 USD as of March 2022) and the maximum Buyer’s Fee is $5,000 (as of March 2022).
• All Buyer’s Fees are non-refundable. When you place a bid on a vehicle, we will place a hold on your credit card in an amount up to that fee. We will remove all such holds (except the hold on the winning Bidder’s credit card) after the auction is completed. The hold on the winning Bidder’s credit card will be charged as payment for the Buyer’s Fee immediately after the auction listing ends.

You must pay all fees and applicable taxes associated with use of our Services by the payment due date (including, without limitation, any fees incurred in connection with the use of our third party payment processor, Stripe). Stripe’s terms of service can be found here.

All information that you provide in connection with a purchase must be accurate, complete, and current. You agree to pay all charges incurred by any use of your credit card, debit card, or other payment method in connection with a sale/purchase on the Website at the prices in effect when such charges are incurred. You also agree to pay any applicable taxes, if any, relating to any sale/purchase. All purchases made from using the Website and/or Services are between the applicable Buyer and Seller; for that reason, in the event you seek a refund related to a purchase or have any questions regarding your purchase, you must directly contact the applicable Seller.

How the Auction Works

Reserve and Publication

• In order to use the Services to list a vehicle, a Seller is required to indicate whether there is a minimum price at which the Seller is willing to consider a sale to a Bidder (the “Reserve”) or whether no such minimum bid is required (“No Reserve”). A Seller may reduce or waive a Reserve during the auction by notifying nolemons/No Lemons of such change via email or, if available, nolemons/No Lemons’s web-based notification tools made available to Seller. Nolemons/No Lemons will only approve a listing for publication on the Website once a Seller has either selected a Reserve or selected “No Reserve” for the applicable listing.

Seller Acknowledgment

• If a user submits a vehicle for sale on the Website, and we accept such vehicle, then user is considered a “Seller” on the Website. As a Seller, you are responsible in all respects for the Content you submit and any other information related to any vehicle you offer for sale. You are also fully responsible in all respects for consummating the transaction with the applicable winning Bidder in accordance with the Agreement. SELLER HEREBY ACKNOWLEDGES AND AGREES THAT FOLLOWING PUBLICATION AND FOR THE PERIOD THAT SUCH SELLER’S LISTING IS MADE AVAILABLE ON OR THROUGH THE SERVICES, SUCH SELLER MAY NOT LIST, POST OR OTHERWISE MAKE AVAILABLE THE APPLICABLE VEHICLE ON ANY OTHER AUCTION, DEALERSHIP, OR LISTING SERVICE. FURTHERMORE, EACH SELLER HEREBY ACKNOWLEDGES AND AGREES THAT AT ANY TIME FOLLOWING PUBLICATION, SELLER’S LISTING MAY BE REMOVED BY nolemons/No Lemons (IN OUR SOLE DISCRETION).

Bidder Acknowledgment

• Each Bidder acknowledges and agrees that each bid submitted is binding and cannot be amended or corrected, even if submitted in error. Each Bidder further acknowledges and agrees that any bid submitted for a vehicle will remain active until the conclusion of the applicable auction unless the bid is outbid. In the event a Bidder’s bid is the highest bid (and meets any applicable Reserve), then the Bidder is obligated to purchase the applicable vehicle from the Seller, subject to the terms of the Agreement. In the event a Bidder does not consummate the transaction with the applicable Seller for any reason (other than the sole default of such Seller), then nolemons/No Lemons reserves the right to (a) charge Bidder’s credit card for an amount equal to the Buyer’s Fee or (b) suspend or terminate Bidder’s account.