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Welcome to AutoMarche!
These general terms and conditions of use have been entered into by and between:
◼ AutoMarche.com (“AutoMarche”, “We”, “Our”, “Us”) makes available to You the information on this website (the “Website”) in accordance with the following Terms and Conditions of Use, and any other rules posted on the Website (collectively, the “Terms”).
◼ You, a natural person or company using the website as a platform for your own or commercial purposes, whether directly or indirectly (“You”, “Your”, “User”).
◼ The Seller, a natural person, car broker, car dealer, vendor, shop using the AutoMarche website platform for its own or commercial purposes, whether directly or indirectly (the “Seller”).
◼ Use of the Website requires the express and unreserved acceptance of the Terms by the User, by ticking the box: “You agree to our Terms and Privacy Policy” at the time of registration. By using the Website, You agree to these Terms. We may modify these Terms from time to time. Please read these Terms and check back often.
◼ If You do not agree to these Terms or changes thereto, then You must immediately stop using the Website.
◼ If You choose to access the Website from locations outside the Lao People’s Democratic Republic (“Laos”), You do so on your own initiative and are responsible for the consequences and compliance with all applicable laws.
1. TERMS OF USE
◼ Cars posted on the Website will require details and complete information.
◼ User must post the car which is available for sale and purchase in Laos. We will not accept any cars that are for sale outside of Laos.
◼ Cars, material, or information related to cars shall be posted after We have allowed the User to post. We have the right to remove such unauthorized posts.
◼ Cars posted must not have any URL to external websites. We have the right to remove such an external website URL.
◼ Any materials, photos and information which are not related to the selling of cars shall be removed.
◼ We have the right to remove hoaxes or fake car listings.
◼ We have the right to remove car listings that lack important information, such as prices and correct models.
◼ We have the right to edit incomplete car listings without getting the consent from the User.
◼ User shall agree to take full responsibility for the information provided.
◼ User shall post real images of the cars for sale. We have the right to remove it if the information posted does not match with the actual cars for sale.
2. ROLES of AUTOMARCHE
The purpose of AutoMarche is to provide the framework for access and use of the Website by the User, either as the Seller or the buyer of a used car, via registration as a member. The Website makes it possible for the Seller and the buyer to negotiate and complete transactions. AutoMarche does not govern relations between the Seller and the buyer. Accordingly, the contract formed at the completion of a sale for these third-party products is solely between the Seller and the buyer. We are not a party to this contract nor assume any responsibility arising out of or in connection with it, nor is the Seller’s agent. The Seller is responsible for selling the products and for dealing with any buyer’s claims or any other issue arising out of or in connection with the contract between the Seller and the buyer.
3. USER REGISTRATION
◼ We will not charge You for car search on the Website and services covered by these Terms. You will be required to register an account with Us to use certain features as a member (“Member”). Registration with AutoMarche is the User’s acceptance of the Terms.
◼ By submitting any content, including without limitation, any photograph, words, pictures, or symbols (“Content”) to Our Website while logged in as a Member, You hereby grant to Us rights as stated in these Terms.
◼ By using Our Website, You agree that We can select and display ads that We think will be relevant to Your interests.
◼ We use Your personal data to help determine which ads to display to You. Please refer to our Privacy Policy for information about how We use Your personal data. The personal data that are required include, without limitation: last name and first name, address, phone, e-mail, certain information concerning identity documents or driving license, car registration number, mileage, make and model, desired password, etc.
◼ For all Website users, You hereby grant Us a perpetual, worldwide, non-exclusive, sub-licensable, royalty-free license to use, reproduce, display, perform, adapt, modify, sell, distribute and promote such Content in any form, in all media now known or hereinafter created and for any purpose, subject to our Privacy Policy.
◼ We also reserve the right to remove any Content submitted by You from our Website at Our sole and absolute discretion, including where We receive a complaint from another user or a notice of intellectual property infringement or other direction for removal, or where in Our sole and absolute opinion such Content is in breach of these Terms or is illegal or otherwise objectionable, or for any other reason as We may see fit.
◼ We may use automated systems that analyze any Content made available by You to help detect infringement and abuse, such as spam, malware, and illegal Content.
◼ We may delete, archive, block or remove communications by You (including but not limited to feedback, postings, messages and/or chats).
4. USER OBLIGATIONS
4.1 You agree not to:
◼ Modify, copy, distribute, publish, reproduce or license any material on or from the Website.
◼ Use or attempt to use any material and information published on the Website to create any website or publication or searchable database.
◼ Use any automated process of any sort to query, access, scrape, data-mine or copy any material on the Website.
◼ Use any information, including images or photographs, which are made available through the Website in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any party.
◼ Create a false identity for the purposes of misleading other users.
◼ Defame, abuse, stalk or threaten other users.
◼ Disclose to any third party Your login information of the Website and not allow any third party to access the Website with Your login information or otherwise to use Your login information. The User shall be responsible for any usage of the Website using his or her login information and any other usage of his or her login information.
4.2 If We consider that You or any party related to You has acted contrary to these Terms, We may immediately terminate our Member registration and the right to access and use of the Website anytime. We reserve the right to take any actions against You.
4.3 The User undertakes to provide complete and accurate information of the User, including in particular the User’s first name, company name and e-mail address, and all other information required for the creation and use of its account. The User is also required to keep this information up-to-date.
4.4 The User shall upload into his or her personalized space only items relating to the User’s car, and not contrary to common decency and public order (such as, without limitation, any Content of a racial, pornographic or sexual nature).
5. USER ACCESS
◼ We do not guarantee access to Our Website since access over the internet can sometimes be affected by technical failures or third party’s activity (such as the transmission of viruses and other malicious acts) outside our control.
◼ In addition, from time to time, We may have to suspend service on Our Website in order to make changes to it or to correct technical problems that have arisen.
◼ Access to and use of the Website shall be at the User’s own risk. The User is responsible for taking all appropriate measures to protect its own data and/or software stored on its smartphone, computer and tablet against any intrusion or breach.
6. PRICE AND VALUATION
◼ The Seller has to provide details regarding the car in order to obtain a valuation from AutoMarche. AutoMarche shall provide the Seller with an evaluation sheet to be used for the purpose of this Website only.
◼ The evaluation sheet is valid one month after the inspection or assessment. We shall not be responsible for any variation or deterioration of the car which may affect the price of the car after the evaluation sheet has been issued.
◼ We shall have intellectual property, copyright and ownership rights of the evaluation sheet issued.
◼ AutoMarche shall not be responsible for any problems which may be caused by the evaluation list.
◼ The Seller may request the Website to remove the evaluation list, and then We shall remove as requested.
◼ AutoMarche shall create a price list and post it on the Website. The price list shall be:
(i) updated every two weeks;
(ii) used on the Website only and shall not be referenced in other websites, and
(iii) used for Your reference only and not intended to bind as the price between the Seller and the buyer.
◼ AutoMarche and the Website are not responsible for and do not guarantee the close of sale between the Seller and the buyer.
7. INTELLECTUAL PROPERTY RIGHTS
◼ You acknowledge and agree that We own or has the license to use the Content on the Website and any and all intellectual property rights used or embodied in or in connection with the Website.
◼ The Content shall not be reproduced, republished, transmitted or distributed in any way without prior written permission from Us.
◼ The Content of the Website is protected by laws on intellectual property. Any unauthorized use of the Content shall constitute intellectual property infringement, giving rise to the User’s civil and criminal liability.
8. SUSPENSION AND TERMINATION
◼ You agree that You will be personally responsible for Your use of the Website and for all of Your communication and activity on and pursuant to the Website.
◼ If We determine that You are or have been engaged in prohibited activities that are not respectful of other users or otherwise violated these Terms, We may deny Your access to the Website on a temporary or permanent basis, without compensation for the User and without any judicial formality being required, by e-mail sent to the User at the e-mail address stated in Member registration.
◼ We reserve the right to suspend, terminate, change or discontinue any aspect of the Website, including the availability of any feature(s) of the Website, at Our sole and absolute discretion, at any time and without notice. Grounds for such termination may include, but are not limited to:
(i) a breach of any of the terms under these Terms;
(ii) violation of any applicable law;
(iii) fraudulent, harassing, defamatory, threatening or abusive behavior; and/or
(iiii) behavior that is harmful to other users, third parties, or the business interests of Us.
◼ Use of an account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to You.
◼ Upon suspension or termination of Your account or Your access to all or any part of the Website,
(i) all rights and/or licenses granted to You under these Terms shall immediately terminate;
(ii) We may remove or discard from the Website any Content associated with Your account; and
(iii) You remain liable for all obligations You may have incurred under these Terms.
9. INDEMNITY
◼ Upon Our request, You agree to indemnify Us fully, defend Us, and hold Us harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from:
(i) Your use or misuse of the Website;
(ii) Your breach of these Terms; and/or
(iii) Your violation of any law or the rights of a third party, including the use by any other persons accessing the Website using Your Internet account caused by Your action or inaction.
◼ You agree to cooperate as fully as reasonably required in defence of any claim.
◼ We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You.
10. EXCLUSION OF LIABILITY
◼ We shall in no event be liable for any death, injury, direct, indirect, incidental, special, consequential, exemplary damages or other indirect damages or costs of any kind suffered or incurred by You arising from or in connection with:
(i) any access, use or the inability to access or use the Website, or reliance on the Content and/or any information in the Website;
(ii) any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus;
(iii) any use of or access to any other website linked to the Website, even if We or Our agents or employees are advised of the possibility of such damages, losses and/or expenses. Any hyperlinks to any other websites are not an endorsement of such websites, and such websites should only be accessed at Your own risk.
◼ We are not obligated to monitor, control or endorse the Content on the Website, and therefore specifically disclaims any liability arising from or in connection with Your use of the Website.
◼ We also reserve the right to review materials posted, to edit, refuse to post, to remove any Content, terminate Your access to the Website at Our sole discretion at any time, without notice, for any reason whatsoever.
◼ We disclaim all liability for any direct, incidental or consequential damage or loss suffered by You that may result from the collection, use or disclosure of Your personal data, including but not limited to any loss of, or any inability to retrieve, any personal data, howsoever caused, or any inaccuracy in the personal data presented, used or transmitted.
◼You should confirm with the Seller any information, including the price, location, documentation that is important to Your purchasing decision. The Website is not responsible for and does not guarantee the performance of cars, goods or services listed or restricted on the Website.
◼ This exclusion clause shall take effect to the fullest extent permitted by Lao law.
11. ENTIRE AGREEMENT
These Terms (and Our Privacy Policy) contains all these Terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether verbal or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to these Terms except as expressly stated in these Terms. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into these Terms (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform these Terms) and that party’s only remedies shall be for breach of contract as provided in these Terms.
12. SURVIVAL
In any event, the provisions of Clauses 4 (User Obligations), 9 (Indemnity) and 10 (Exclusion of Liability) of these Terms shall survive termination of these Terms. In the event You use the Website again, then the provisions of these Terms that then apply will govern Your return to use the Website.