Terms and Conditions

These Terms and Conditions will apply to DeMiami’s Services as is fully set forth below:

AGREEMENT: By agreeing to these Terms and Conditions, you will become a client of DeMiami. This confirms your acceptance of the terms that are listed below.

  • All information given by the client is correct and accurate as it pertains to the clients’ circumstances; If trading-in a vehicle, the client confirms that they are the owners of that vehicle(s);
  • The financing and purchasing of the vehicle(s) is an agreement between the finance company and/or the dealership and the client, not DeMiami;
  • DeMiami works on the basis that the clients’ financial position is strong enough to finance, refinance, purchase or lease a new/used vehicle(s). As such you acknowledge you are in a position to buy vehicle(s); DeMiami holds no obligations or commitments when purchasing the vehicle(s);
  • DeMiami acts as an adviser and intermediary between the client and the seller either dealership, company or private citizen and holds no responsibility for any undesirable outcomes as all choices are the clients’ ultimate responsibility;
  • The client acknowledges that they have full control of their decisions and DeMiami gives all opportunity for the client to back out of any deal at any time prior to the purchase of the vehicle(s);
  • The client authorizes DeMiami to negotiate a deal on their behalf;
  • The client authorizes DeMiami to have access to private documentation/information pertaining to the purchase of the vehicle(s);
    DeMiami reserves the right to cancel the arrangement with the client at any time;
  • The Client has the right to cancel the arrangement at any time before the purchase of the vehicle(s);
  • The Client must not enlist any other broker to assist in their purchase;
  • The Client must not negotiate other deals with other dealers whilst DeMiami is working for them;
  • The Client understands that the price we can achieve for you will vary;
    The advertised prices are charged on a per vehicle basis;
  • The Client authorizes third party companies to run their credit for the purpose of obtaining financing in accordance to their circumstances.

INTELLECTUAL PROPERTY: We are the owner or the licensee of all trademarks, and all other marks, trade names, brand names, business names, illustrations, images, logos, registered or unregistered designs, copyrights and other intellectual property rights (“IP Rights”) which appear on any of our materials. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any of our content in any way except for your own personal, non-commercial use.

PRIVACY DISCLOSURE: DeMiami is collecting personal information about you to provide you with our brokering services. The information is required to allow us to assist you in preparing the loan application and locating an appropriate lender. If the information is not provided we may not be able to find an appropriate loan for you. We may use your information to provide you with offers or information of other goods or services we or a third party may be able to provide you with, unless you tell us not to use your personal information for this purpose in writing. We may disclose your information to other organizations to fulfill the purposes identified (or purposes related to those purposes) in this Agreement. Unless you tell us otherwise, we may disclose your information to any person who is acting on your behalf, with your legal authority or who is purporting to act with your legal authority. In addition, we may disclose your personal information to any other organization that you may wish to, or has acquired, an interest in your loan or in our business. We may also contact various organizations that have information about you and your associated companies so as to obtain the information we need to provide our services. The types of organizations we may collect your information from include, but are not limited to: employers; accountants; credit reporting agencies; or any other organization that has information about you which we require to provide our services. You authorize these organizations to release to us any information we may request. You appoint DeMiami as your agent in obtaining a copy of your consumer & commercial credit information for both yourself as individuals and any companies, trusts, trading names, registered names or related entities of which you are either an owner, trustee or director. This authority only applies to enquires made by DeMiami in connection with your application, or proposed application, for credit or you having sought advice relating to your existing credit. You can gain access to the information we hold about you by contacting us. We will hold the information securely and may destroy our records in accordance with established industry document retention practices or as permitted by law. You agree that we may collect and use your personal information as specified above.

RELATIONSHIP: Your relationship with DeMiami is that of independent contractors and nothing in this Agreement shall be deemed to establish a joint venture or partnership, principal-agent, or employer-employee relationship between yourself and DeMiami. Neither you nor DeMiami shall have the right to bind the other to the fulfillment of any condition not contained in this Agreement.

DISCLAIMER: You acknowledge and agree that there are no guarantees with respect to DeMiami’s Services. You understand that financing is subject to credit approval. DeMiami is not obligated to determine the accuracy of the information provided by any third parties and assumes no responsibility for the acts, errors, or omissions of any third parties or the outcome of any transaction. You acknowledge and agree that the information you have provided to us is true and correct and that we will rely upon such information in arranging for the services on your behalf. DeMiami does not offer any legal or financial advice and you are urged to seek professional advice from a lawyer, accountant, and other qualified resources. DeMiami makes no warranties, assurances, or guaranties related to any tax, corporate, commercial, or financial advice provided by third parties. You acknowledge and agree that DeMiami uses a third party to process any payment and DeMiami makes no claims or representations of any kind regarding the third-party processor. DeMiami is not an agent, employee, representative, or other functionary member of any third party.

INDEMNIFICATION: Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, you and DeMiami agree to indemnify and hold each other harmless, as well as each other’s respective affiliates, officers, agents, employees, and permitted successors and assigns, against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

MISCELLANEOUS: a) All notices required or permitted under this Agreement shall be in writing and delivered to the Parties at their respective principal office. b) The Parties agree to execute any further instruments that are necessary to carry out this Agreement. c) This Agreement shall be governed by and construed in accordance with the laws of the State of Florida and the Parties agree to submit any dispute to courts of competent jurisdiction in Miami, Florida only, and the prevailing party shall be entitled to recovery of reasonable attorney’s fees and costs. d) This Agreement constitutes the entire agreement of the Parties and supersedes all prior and contemporaneous agreements, proposals, negotiations, conversations or discussions between the Parties. e) This Agreement may only be amended or modified in writing. f) No term or condition of this Agreement shall be deemed to have been waived except by written instrument of the party charged, and each waiver shall operate only as to the specific term or condition waived. g) This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto. h) Neither party may assign or delegate its rights or obligations under this Agreement without the prior written consent of the other party. i) This Agreement shall inure to the benefit of each of the Parties and their respective successors and assigns. j) The termination of this Agreement shall not affect any accrued rights or liabilities of either party or affect the coming into force or the continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after termination. k) If any provision is held to be invalid or unenforceable by a court of competent jurisdiction, this shall not affect other provisions of this Agreement and the provisions held to be invalid or unenforceable shall be deemed amended as to render them enforceable as nearly as possible to the original intentions of the Parties. l) The Parties each acknowledge that this Agreement was fully negotiated by the Parties and, therefore, no provision of this Agreement shall be interpreted against any party because such party or its legal representative drafted such provision. m) Each party to this Agreement had the opportunity to consult with legal counsel regarding the rights and obligations under this Agreement and has thoroughly reviewed the Agreement. n) This Agreement shall not be interpreted or construed more strictly against the party causing this Agreement to be drafted. o) Section headings used herein are for convenience only and shall not affect the interpretation or the construction of this Agreement or of any provision hereof. p) This Agreement may be executed and delivered in hard copy or electronically in counterparts. q) Transmission by electronic means of an executed counterpart of this Agreement shall be deemed to constitute due and sufficient delivery of such counterpart.

 
 
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