These Terms and Conditions are intended to govern the relationship between Dealcar Software SL (hereinafter, the “Provider”) and the user or company contracting the services (hereinafter, the “Client”), in relation to the use of the software provided by the Provider. This software is offered under a monthly payment model with additional charges for each vehicle sale transaction carried out through the system.
The software enables vehicle dealers to digitise their business in the following four areas:
1. Parties involved:
Provider:Dealcar Software SL, a company incorporated under Spanish law, with tax address at Calle Orense 18, 2E, Madrid, 28020, and registered office at Calle Cornisa 19, 1F, Las Rozas de Madrid, 28231, with CIF B13861794, represented by Carlos Horno Santacruz with NIF number 06012458M.
2. PURPOSE OF THE CONTRACT:The Contract governs the provision of the software as a service (SaaS) by the Provider to the Client, which includes the following components:
Dealcar provides a comprehensive solution for managing the buying and selling of used vehicles, including:
Dealcar Software: Technology solution that includes stock management, vehicle publishing, lead management, website generation and associated digital tools.
• Customer management through a CRM.
• Web Management: Tool for creating and managing a customisable web page.
• File management
• Integration of Additional Services: Insurance, warranty and logistics solutions.
• Omnichannel Functionality: Payment solutions and digital tools to facilitate the Client's operations.
Dealcar Financing: Solutions for managing vehicle financing through two models:
• Dealcar Retail Finance: Connection with selected lenders, provided there is a prior contractual relationship between the Client and the lender.
• Dealcar Fintech: Dealcar acts as an intermediary to facilitate access to financing through its partner financial institutions.
2.2 Usage Modalities for Financing Solutions
2.2.1 Dealcar Retail Finance | Financial Connection
• Dealcar allows the Client to connect with selected lenders, provided there is a prior contractual relationship between the Client (as introducer) and the partner lender.
• Dealcar acts as a technology solution, providing the tools needed to send financing requests from the Dealership's customers to those lenders.
• In this case, Dealcar does not take part in negotiating or managing the loan, acting exclusively as a technology intermediary.
2.2.2 Dealcar Fintech | Financial Intermediation - Coming soon, subject to prior acceptance
• In this mode, Dealcar acts as an intermediary to facilitate financing for the Dealership's customers through lenders partnered with the Platform.
• Dealcar helps the Dealership and the end customer reach an agreement with the lender, integrating the process into the Platform.
• Once the agreement is approved, the Dealership may send requests to the partner lenders through Dealcar Finance.
• The Dealership will receive commissions for the files financed through Dealcar, which may vary depending on:(The term of the loan, the type of insurance sold, the interest rate of the loan, and other conditions)
2.2.3 Distribution of Financing and Insurance Solutions
• The distribution of financing and insurance solutions is provided free of charge to the client as part of the services included in the subscription plan signed by the Client.
• The Client may opt for either of the two modes described (Dealcar Tech or Dealcar Fintech), which are not mutually exclusive.
• Dealcar provides the Dealership with tools to facilitate the sale of used vehicles with associated financing solutions, with limited involvement in the loan application process.
2.2.4 Client Responsibilities
The Client is responsible for:
• Comply with the legal and regulatory obligations applicable to its business.
• Provide truthful and up-to-date information in its financing applications.
• Keep contractual agreements with lenders in force when using Dealcar Tech.
2.2.5 Dealcar Responsibilities
• Provide the technology tools needed to connect with lenders and manage applications.
• In the case of Dealcar Fintech, act as an intermediary to facilitate access to financing solutions.
• Guarantee the confidentiality of the information shared on the Platform, in compliance with applicable data protection regulations.
2.2.6 Limitation of Liability
• Dealcar shall not be liable for the agreements established between the Client and the lenders, nor for the approval or rejection of financing applications.
• Dealcar does not guarantee specific results in terms of approvals or financing conditions offered by financial institutions.
3. LICENCE OF USE AND SCOPE OF THE SERVICE:The Provider grants the Client a non-exclusive, non-transferable and revocable licence to access and use the software, subject to a monthly subscription and additional transaction charges.
4. OBLIGATIONS OF THE PROVIDER:The Provider undertakes to:
• Provide the Client with access to the software.
• Carry out regular maintenance to ensure the software works optimally
• .Offer technical support in accordance with the agreed terms.
5. OBLIGATIONS OF THE CLIENT:The Client undertakes to:
• Pay the monthly subscription and transaction charges on time.
• Use the software in accordance with applicable laws and not for unlawful purposes.
• Keep its access credentials confidential.
6. DURATION AND TERMINATION OF THE CONTRACT:The Contract has an indefinite duration and renews automatically for monthly periods, unless either party gives notice at least thirty (30) days before the expiry date of the current period.
NO LOCK-IN: The Client or the Provider may choose not to renew the Contract at the end of each monthly subscription period by giving the other party written notice at least thirty (30) days in advance.
7. FINANCIAL TERMS:The financial terms, including the monthly subscription fee and transaction charges, are set out in Annex I of this Contract.
Plan contracted: ___ EUR per monthSee pricing -> https://www.dealcar.io/precio
WELCOME OFFER: The base price of the monthly subscription may be subject to offers or promotions, which will be applied according to the terms communicated to the Client.
VAT: The applicable VAT will be added to all plans.More details in Annex I: https://www.dealcar.io/precio
8. SEPA MANDATE:By signing this mandate, the Client authorises GoCardless to debit its account in accordance with the financial terms set out in this contract.9. USE OF THIRD-PARTY SERVICES FOR PAYMENT ACQUIRING:
The Provider informs the Client that third-party services will be used for the acquisition of online payments and their deposit into the Client's account. These payments will be processed through providers designated by Dealcar Software SL. The Client accepts that the use of such third-party services is subject to the terms and conditions of the relevant providers, and that Dealcar Software SL shall not be liable for the acts or omissions of such third parties.
10. Nature of the payment gateway service and limitation of liability in the management of payments and reservations:
10.1 Dealcar is a technology platform (SaaS) that provides participating dealerships (hereinafter, the “Dealerships”) with the tools needed to manage vehicle publishing, online reservations and the collection of amounts associated with such reservations. Dealcar is not the seller, owner, agent or representative of the vehicles offered, nor does it take part in the negotiation, formalisation or execution of the sale contract, which is concluded solely and exclusively between the User and the relevant Dealership.
10.2 With regard to payments made through the platform —including deposits, reservations, advance payments or any other amounts paid by the User—, Dealcar acts solely as a technology service provider and as a technical intermediary (payment gateway), channelling the transaction to the payment service provider engaged for that purpose and, where applicable, to the Dealership. Dealcar does not hold, manage or dispose of the funds in its own name.
10.3 Whether a reservation is refundable or non-refundable, as well as its terms, amounts, refund conditions and retention cases, is determined freely by each Dealership in its commercial policy. Dealcar merely reflects those conditions in the reservation interface, without assuming any responsibility for their content, legality or application.
10.4 Accordingly, the User expressly acknowledges and accepts that Dealcar is released from any claim, controversy, dispute or conflict arising, directly or indirectly, from:
(i) the refund or non-refund of reserved amounts;
(ii) the availability, condition, delivery or characteristics of the vehicle;
(iii) the Dealer's compliance or non-compliance with its contractual obligations;
(iv) errors, delays or incidents attributable to the payment service provider; and
(v) any other issue related to the commercial transaction between the User and the Dealer.
10.5 Any claim relating to the payment, the reservation or the sale must be addressed directly to the Dealer, who is solely responsible to the User.
10.6 Notwithstanding the above, Dealcar may cooperate in good faith by providing the technical information on the transaction held in its systems, where this is reasonable and in accordance with applicable regulations.
10.7 Acceptance of these Terms and Conditions, as well as confirmation of the reservation by payment through the platform, implies the User's express and informed acceptance of the limitations set out in this clause.
11. CONFIDENTIALITY:The parties undertake to keep the Confidential Information confidential as set out in the General Conditions. However, the Provider may mention the Client and the essential features of the Services as a reference.
Dealcar undertakes to:
• Protect the confidentiality of the data of the Client and its end customers.
• Comply with the General Data Protection Regulation (GDPR) and other applicable regulations.
12. NOTICES:All notices between the parties must be made by means that leave a record of their receipt and be sent to the email addresses provided.
13. GOVERNING LAW AND JURISDICTION:This Contract shall be governed by Spanish law, and any dispute shall be resolved by the courts and tribunals of Madrid, waiving any other jurisdiction that may apply.Acceptance of the Contract:The parties sign this Contract electronically and are legally bound by its terms.Access our Terms and Conditions through these links:Privacy PolicyTerms and Conditions
