Vehicletrade TT Proprietary company that is registered at the Trade Register withthe Maharashtra Shop Act under Shri Sai krupa Auto and located at Kopargaon,Dist Ahmednagar, Vehicletrade TT and its affiliates and/or branches (hereinaftertogether "VehicleTrade TT") provide a collection of online UsedVehicle resources which include classified advertisements (collectively, the"Service") on the website www.vehicletradett.com and correspondingand the mobile application of the platform (collectively, the "Platform").
ii] DESCRIPTION OFSERVICE AND CONTENT POLICY
A. VEHICLETRADE TT is the next generation of online classifieds. We act as a vanueto allow our users who comply with these Terms to offer, sell and buy UsedVehicles products and services listed on the Platform. Although you may be ableto conduct payment and other transactions through the platform, usingthird-party vendors such VEHICLETRADE TT is not a party to such transactions,has no control over any element of such transaction. And shall have noliability to any party in connection with such transactions. You use theService and the Platform at your own risk.
B. You understand that VEHICLETRADE TT does not control, and is not responsiblefor ads, directory information, business listings/information, messages betweenusers, including without limitation e-mails sent from outside VEHICLETRADE TT’sdomain or other means of electronic communication, whether through the Platformor another Third Party Website (defined below) or offerings, comments, userpostings, files, images, photos, video, sounds, business listings/informationand directory information or any other material made available through the Platformand the Service ("Content"), and that by using the Platformand the Service, you may be exposed to Content that is offensive, indecent,inaccurate, misleading, or otherwise objectionable. You acknowledge and agreethat you are responsible for and must evaluate, and bear all risks associatedwith, the use of any Content, that you may not rely on said Content, and thatunder no circumstances will VEHICLETRADE TT be liable in any way for theContent or for any loss or damage of any kind incurred as a result of thebrowsing, using or reading any Content listed, emailed or otherwise madeavailable via the Service. You acknowledge and agree that VEHICLETRADE TTcannot and does not pre-screen or approve any Content, but that VEHICLETRADE TThas the right, in its sole and absolute discretion, to refuse, delete or moveany Content that is or may be available through the Service, for violatingthese Terms and such violation being brought to VEHICLETRADE TT’s knowledge orfor any other reason or no reason at all. Furthermore, the Platform and Contentavailable through the Platform may contain links to other third party websites("Third Party Websites"), which are completely unrelated to VEHICLETRADETT. If you link to Third Party Websites, you may be subject to those ThirdParty Websites’ terms and conditions and other policies. VEHICLETRADE TT makesno representation or guarantee as to the accuracy or authenticity of theinformation contained in any such Third Party Website, and your linking to anyother websites is completely at your own risk and VEHICLETRADE TT disclaims allliability thereto.
C. You acknowledge and agree that you are solely responsible foryour own Content posted on, transmitted through, or linked from the Service andthe consequences of posting, transmitting, linking or publishing it. Morespecifically, you are solely responsible for all Content that you upload, emailor otherwise make available via the Service. In connection with such Contentposted on, transmitted through, or linked from the Service by you, you affirm,acknowledge, represent, warrant and covenant that: (i) you own or have andshall continue to, for such time the Content is available on the Platform, havethe necessary licenses, rights, consents, and permissions to use such Contenton the Service and Platform (including without limitation all patent,trademark, trade secret, copyright or other proprietary rights in and to anyand all such Content) and authorize VEHICLETRADE TT to use such Content toenable inclusion and use of the Content in the manner contemplated by theService, the Platform and these Terms; and (ii) you have the written consent,release, and/or permission of each and every identifiable individual person orbusiness in the Content to use the name or likeness of each and every suchidentifiable individual person or business to enable inclusion and use of theContent in the manner contemplated by the Service, the Platform and theseTerms. For clarity, you retain all of your ownership rights in your Content;however, by submitting any Content on the Platform, you hereby grant to VEHICLETRADETT an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive,royalty-free, sub-licensable, transferable license to use, reproduce,distribute, prepare derivative works of, display, and perform the Content inconnection with the Platform and VEHICLETRADE TT's (and its successors')business, including without limitation for the purpose of promoting andredistributing part or all of the Platform and Content therein (and derivativeworks thereof) in any media formats and through any media channels now orhereafter known. These rights are required by VEHICLETRADE TT in order to hostand display your Content. Furthermore, by you posting Content to any publicarea of the Service, you agree to and do hereby grant to VEHICLETRADE TT allrights necessary to prohibit or allow any subsequent aggregation, display,copying, duplication, reproduction, or exploitation of the Content on theService or Platform by any party for any purpose. As a part of the Service, VEHICLETRADETT may offer the facility of automatically capturing of the"Description" of your ad based on the images uploaded by you. VEHICLETRADETT makes no warranty the veracity or the accuracy of the generated Description.The Description may be edited by you at any time while your ad is live. Youalso hereby grant each user of the Platform (a) a non-exclusive license toaccess your Content through the Platform, and (b) the right to contact you withregard to the Content posted by you through private chat or any other means.The foregoing license to each user granted by you terminates once you or VEHICLETRADETT remove or delete such Content from the Platform. Further, you grant VEHICLETRADETT the right to make available your Content to any third party in connectionwith the transaction contemplated in your classified advertisement.
D. VEHICLETRADE TT does not endorse any Content or any opinion,statement, recommendation, or advice expressed therein, and VEHICLETRADE TT expresslydisclaims any and all liability in connection with User Content. VEHICLETRADETT does not permit copyright infringing activities and infringement ofintellectual property rights on the Platform, and VEHICLETRADE TT may, at itssole discretion, remove any infringing Content if properly notified inaccordance with applicable law that such Content infringes on another'sintellectual property rights. VEHICLETRADE TT reserves the right to remove anyContent without prior notice. VEHICLETRADE TT may also terminate a user'saccess to the Platform if they are determined to be a repeat infringer or foundto be indulging in any act contrary to these Terms. A repeat infringer is auser who has been notified of infringing activity more than twice and/or hashad a user submission removed from the Platform more than twice. Further, atits sole discretion, VEHICLETRADE TT reserves the right to decide whether anyContent is appropriate and complies with these Terms.
Youagree not to post, email, host, display, upload, modify, publish, transmit,update or share any information on the Site, or otherwise make availableContent:
i. that violates any law or regulation;
ii. that is copyrighted or patented, protected by trade secretor trademark, or otherwise subject to third party proprietary rights, includingprivacy and publicity rights, unless you are the owner of such rights or havepermission or a license from their rightful owner to post the material and togrant VEHICLETRADE TT all of the license rights granted herein;
iii. that infringes any of the foregoing intellectual propertyrights of any party, or is Content that you do not have a right to makeavailable under any law, regulation, contractual or fiduciary relationship(s);
iv. that is harmful, abusive, unlawful, threatening, harassing,blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasiveof another's privacy or other rights, hateful, or racially, ethnicallyobjectionable, disparaging, relating or encouraging money laundering or illegalgambling or harms or could harm minors in any way or otherwise unlawful in anymanner whatsoever;
v. that harasses, degrades, intimidates or is hateful towardsany individual or group of individuals on the basis of religion, gender, sexualorientation, race, ethnicity, age, or disability;
vi. that violates any (local) equal employment laws, includingbut not limited to those prohibiting the stating, in any advertisement foremployment, a preference or requirement based on race, color, religion, sex,national origin, age, or disability of the applicant.
vii. that threatens the unity, integrity, defense, security orsovereignty of India, friendly relations with foreign states, or public orderor causes incitement to the commission of any cognizable offense or preventsinvestigation of any offense or is insulting any other nation;
viii. that includes personal or identifying information aboutanother person without that person's explicit consent;
ix. that impersonates any person or entity, including, but notlimited to, an VEHICLETRADE TT employee, or falsely states or otherwisemisrepresents an affiliation with a person or entity;
x. deceives or misleads the addressee about the origin of suchmessages or communicates any information which is grossly offensive or menacingin nature;
xi. that is false, deceptive, misleading, deceitful,misinformative, or constitutes "bait and switch" offer;
xii. that constitutes or contains "pyramid schemes,""affiliate marketing," "link referral code," "junk mail,""spam," "chain letters," or unsolicited advertisements of acommercial nature;
xiii. that constitutes or contains any form of advertising orsolicitation if (1) posted in areas or categories of the Platform which are notdesignated for such purposes; or (2) e-mailed to VEHICLETRADE TT users who haverequested not to be contacted about other services, products or commercialinterests;
xiv. that includes links to commercial services or Third PartyWebsites, except as specifically allowed by VEHICLETRADE TT;
xv. that advertises any illegal services or the sale of anyitems the sale of which is prohibited or restricted by applicable law,including without limitation items the sale of which is prohibited or regulatedby applicable law;
xvi. that contains software viruses or any other computer code,files or programs designed to interrupt, destroy or limit the functionality ofany computer software or hardware or telecommunications equipment or any othercomputer resource;
xvii. that disrupts the normal flow of dialogue with anexcessive number of messages (flooding attack) to the Service, or thatotherwise negatively affects other users' ability to use the Service; or
xviii. that employs misleading email addresses, or forgedheaders or otherwise manipulated identifiers in order to disguise the origin ofContent transmitted through the Service.
Additionally,you agree not to:
xix. contact anyone who has asked not to be contacted, or makesunsolicited contact with anyone for any commercial purpose, specifically,contact any user to post an advertisement on a third party website or post anyadvertisement on behalf of such user; or to "stalk" or otherwiseharass anyone;
xx. make any libelous or defamatory comments or postings to oragainst anyone;
xxi. collect personal data about other users or entities forcommercial or unlawful purposes;
xxii. use automated means, including spiders, robots, crawlers,data mining tools, or the like to download or scrape data from the Service,except for internet search engines (e.g, Google) and non-commercial publicarchives (e.g. archive.org) that comply with our robots.txt file;
xxiii. post Content that is outside the local area or notrelevant to the local area, repeatedly post the same or similar Content, orotherwise impose unreasonable or disproportionately large loads on our serversand other infrastructure;
xxiv. post the same item or service in multiple classifiedcategories or forums, or in multiple metropolitan areas;
xxv. attempt to gain unauthorized access to computer systemsowned or controlled by VEHICLETRADE TT or engage in any activity that disrupts,diminishes the quality of, interferes with the performance of, or impairs thefunctionality of, the Service or the Platform.
xxvi. use any form of automated device or computer program(sometimes referred to as "flagging tools") that enables the use of VEHICLETRADETT's "flagging system" or other community control systems withouteach flag being manually entered by a human that initiates the flag (an"automated flagging device"), or use any such flagging tool to removeposts of competitors, other third parties or to remove posts without areasonable good faith belief that the post being flagged violates these Termsor any applicable law or regulation.
xxvii. use any automated device or software that enables thesubmission of automatic postings on VEHICLETRADE TT without human interventionor authorship (an "automated posting device"), including withoutlimitation, the use of any such automated posting device in connection withbulk postings, or for automatic submission of postings at certain times orintervals; or
iv] PAID SERVICES
Wemay charge a fee to post content in or utilize some areas of the Service (“PaidServices”).VEHICLETRADE TT has authorised Vehicletrade TT an Indian Proprietary 172070031180984having its registered office at Office No. 11, Near Khule Natyagruha, Opp. S TStand, Kopargaon- 423601 (“Vehicletrade TT” or “we” or “us”)to sell such Paid Services to its users. By posting Paid Services on theWebsite you enter into an agreement with Vehicletrade TT, the terms of whichare set out herein. Provisions of the Terms relating to the Content shall alsobe applicable to Paid Services. Further, you continue to be bound by the Termsin connection with your use of the Website and the Services. Currently, weoffer the following kinds of features for Paid Services. Only some of thesefeatures may be made available to you by us, depending on your usage, category,geographical location and medium of purchase. The terms of Paid Services andthe relationship between you and Vehicletrade TT shall be governed by the lawsof India. Any claim you may have against Vehicletrade TT must be submitted tothe exclusive jurisdiction the courts of New Delhi. We reserve the right tomodify the price at which these features are made available to you:
PremiumAds is a feature that enables the display of your advertisement in a designatedarea of the Website and/or in a highlighted manner (depending on the platformthe content is being viewed), so as to distinguish it from other content postedon the Website. In the designated area of the Website pertaining to FeaturedAds, Features Ads are listed in a sequential manner. Therefore, it is possiblethat a particular Featured Ad is not visible to you each time you browsethrough the Website.
Thisfeature has been provided to enable users to draw attention to theiradvertisements and increase the likelihood of receiving responses frompotential buyers. We do not guarantee an increase of a specified quantum in theresponses received by you and any representation on the Website in this regardis merely indicative.
Theduration for which your Ad will be displayed as a Featured Ad shall be thenumber of days specified at the time of purchasing the feature or 30 days fromthe original date of posting the Content on the Website, whichever is earlier.There is no limit on the volume of Featured Ads you may post on the Website.You can purchase a single Featured ad or can avail bulk packages (“Featured adspackage”) based on your requirement and such packages may be provided to you ona discounted price as mentioned on the Website. VEHICLETRADE TT reserves theright to limit the extent and manner in which Featured Ads may be edited byyou.
Paidad is a feature, which enables you to post ads even after you have exhaustedyour free limits in a category. Free limit defines the number of advertisementsthat you can post for free in each category within a defined periodicity andthis limit may differ across categories, usage, and geographical location. Forinstance, if you have posted 3 advertisements in a category in the last 30 daysand the free limit is 3 advertisements per month for such category, you willnot be allowed to post a free advertisement after you have posted your thirdadvertisement.
Alladvertisements posted by you through your account will be counted towards freelimits. Any subsequent change of phone number after posting an ad, will notaffect the available limits.
Youcan either purchase a single Paid ad or can avail bulk packages (“Paid adspackage”) based on your requirement which shall be provided toyou on a discounted price as mentioned on the Website.
Validityof Paid ads:
Limited Paid ads package – In Limited Paid ads package, you canpost a limited number of ads during the validity of the package. Paid adsin this package shall each be valid for 30 days from the date ofposting regardless of when it is posted by you during the life of the LimitedPaid ads package.
Paymentfor Paid Services
Uponselecting any feature of Paid Services, you may be redirected to a third-partypayment processing site such as PayU offering payment through various channelssuch as net banking, debit card and credit card (“Payment Gateway”).VEHICLETRADE TT may offer you a right to pay through cash or other channelssuch as cash collection. You agree that Paid Services will be made available toyou only upon receipt of payment confirmation from the Payment Gateway orcollection agencies. Upon making payment to us, through any medium whatsoever,you warrant to us that you are entitled to use the medium or otherwise make thepayment to us under applicable law.
Youhave the ability to provide us your Goods and Services Tax IdentificationNumber (GSTIN) on the platform. Your GSTIN details are mandatory for passing onthe credit of GST charged. In case you fail to provide us with your GSTINdetails, we will assume that you are not registered with the GST authorities,without independently verifying your registration status.
Unlessotherwise mentioned on the Website, prices indicated are inclusive ofapplicable taxes.
Ifyou choose to delete or deactivate any Paid Services prior to the period forwhich it is active, we will not be liable to refund you for any unutilizedtime. In the event you are not able to avail the Paid Services on the Websiteon account of any technical reasons, on receipt of payment confirmation,equivalent units of the paid feature against the ad units you were not able topost shall be credited to your account. For example, if you buy a package of 3Featured Ad units out of which you have consumed only 2 units and were unableto post the remaining 1 ad unit as a Featured Ad on account of a technicalglitch during the lifetime of the package validity, you will be credited only 1unit of Featured Ad to your account.
Theabove refund policy shall not be applicable in the event any content in youradvertisement is found to be violating the Terms or there has been any abusereported in relation to your advertisement or your advertisement is deleted ornot re-posted on the Website on account of any technical reasons due to any subsequentediting done by you.
v] POSTING AGENTS
Asused herein, the term "Posting Agent" refers to a third-party agent,service or intermediary that offers to post Content to the Service on behalf ofothers. VEHICLETRADE TT prohibits the use of Posting Agents, directly orindirectly, without the express written permission of VEHICLETRADE TT. Inaddition, Posting Agents are not permitted to post Content on behalf of others,directly or indirectly, or otherwise access the Service in order to postContent on behalf of others, except with express written permission or licensefrom VEHICLETRADE TT.
vi] ACCESS TO THESERVICE
VEHICLETRADETT grants you a limited, revocable, non-exclusive license to access and use theService for personal use. This license granted herein does not include any ofthe following: (a) access to or use of the Service by Posting Agents; or (b)any collection, aggregation, copying, duplication, display or derivative use ofthe Service nor any use of data mining, robots, spiders, or similar datagathering and extraction tools for any purpose unless expressly permitted by VEHICLETRADETT or as otherwise set forth in these Terms. Notwithstanding the foregoing,general purpose internet search engines and non-commercial public archives thatgather information for the sole purpose of displaying hyperlinks to theService, provided they each do so from a stable IP address or range of IPaddresses using an easily identifiable agent and comply with our robots.txtfile, may engage in the activities set forth in (b). For purposes of thisexception, a "general purpose internet search engine" does notinclude a website or search engine or other services that specializes inclassified listings including any subset of classifieds listings such as housing,for sale, jobs, services, or personals, or which otherwise provides classifiedad listing services. The license set forth in this Section permits you todisplay on your website, or create a hyperlink thereto, individual postings onthe Service so long as such use is for non-commercial and/or news reportingpurposes only (e.g., for use in personal blogs or other personal online media).If the total number of such postings displayed on or linked to your websiteexceeds limits set by VEHICLETRADE TT, your use will be considered to be inviolation of these Terms, unless VEHICLETRADE TT expressly grants youpermission otherwise. You are also permitted to create a hyperlink to the homepage of the Platform so long as the link does not portray VEHICLETRADE TT, itsemployees, affiliates or agents in a false, confusing, misleading, derogatory,or otherwise offensive matter. Use of the Service beyond the scope ofauthorized access as set forth in these Terms immediately terminates anypermission or license granted herein. In order to collect, aggregate, copy,duplicate, display or make derivative use of the Service or any Content madeavailable via the Service for other purposes (including commercial purposes)not stated herein, you must first obtain a license from VEHICLETRADE TT.
vii] NOTIFICATION OFCLAIMS OF INFRIGEMENTS
VEHICLETRADETT is not liable for any infringement of intellectual property rights arisingout of materials posted on or transmitted through the site, or items advertisedon the site, by end users or any other third parties.
If you are an owner of intellectual property rights or an agent who is fullyauthorized to act on behalf of the owner of intellectual property rights andbelieve that any Content or other content infringes upon your intellectualproperty right or intellectual property right of the owner on whose behalf youare authorized to act, you may submit a notification to VEHICLETRADE TTtogether with a request to VEHICLETRADE TT to delete the relevant Content ingood faith in the claims of infringement form available
viii] INTELLECTUALPROPERTY RIGHTS
You acknowledge and agree that the materials on the Platform, other than the UserContent that you licensed under Section ii(C) of the Terms, including withoutlimitation, the text, software, scripts, graphics, photos, sounds, music,videos, interactive features and the like ("Materials") andthe trademarks, service marks and logos contained therein ("Marks"),are owned by or licensed to VEHICLETRADE TT, and are subject to copyright and otherintellectual property rights under Indian Copyright laws, foreign laws andinternational treaties and/or conventions. In connection with the Services, thePlatform may display certain trademarks belonging to third parties. Use ofthese trademarks may be subject to the license granted by third parties to VEHICLETRADETT. You shall, in no event, reverse engineer, decompile, or disassemble suchtrademarks and nothing herein shall be construed to grant you any right inrelation to such trademarks. Materials on the Platform are provided to you ASIS for your information and personal use only and may not be used, copied,reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, orotherwise exploited for any other purposes whatsoever without the prior writtenconsent of the respective owners. VEHICLETRADE TT reserves all rights notexpressly granted herein to the Platform and the Materials. You agree to notengage in the use, copying, or distribution of any of the Materials other thanas expressly permitted herein, including any use, copying, or distribution ofMaterials of third parties obtained through the Platform for any commercialpurposes. If you download or print a copy of the Materials for personal use,you must retain all copyright and other proprietary notices contained therein.You agree not to circumvent, disable or otherwise interfere withsecurity-related features of the Platform or features that prevent or restrictuse or copying of any Materials or enforce limitations on use of the Platformor the Materials therein. The Service is protected to the maximum extentpermitted by copyright laws, other laws, and international treaties and/orconventions. The content displayed on or through the Service is protected bycopyright as a collective work and/or compilation, pursuant to copyrights laws,other laws, and international conventions. Any reproduction, modification,creation of derivative works from or redistribution of the Platform, theMaterials, or the collective work or compilation is expressly prohibited.Copying or reproducing the Platform, the Materials, or any portion thereof toany other server or location for further reproduction or redistribution isexpressly prohibited. You further agree not to reproduce, duplicate or copyContent or Materials from the Service, and agree to abide by any and allcopyright notices and other notices displayed on the Service. You may notdecompile or disassemble, reverse engineer or otherwise attempt to discover anysource code contained in the Service. Without limiting the foregoing, you agreenot to reproduce, duplicate, copy, sell, resell or exploit for any commercialpurposes, any aspect of the Service. VEHICLETRADE TT is a Trademark registeredwith the India’s Patent and Trademark Office.
ix] USER SUBMISSIONS
You understand that when using the Platform, you will be exposed to Content from avariety of sources and that VEHICLETRADE TT is not responsible for theaccuracy, usefulness, safety, or intellectual property rights of or relating tosuch Content, and you agree and assume all liability for your use. You furtherunderstand and acknowledge that you may be exposed to Content that isinaccurate, offensive, indecent, or objectionable, defamatory or libelous andyou agree to waive, and hereby do waive, any legal or equitable rights orremedies you have or may have against VEHICLETRADE TT with respect thereto.
You agree to defend, indemnify and hold harmless VEHICLETRADE TT, its officers,subsidiaries, affiliates, successors, assigns, directors, officers, agents,service providers, suppliers and employees, from and against any and allclaims, damages, obligations, losses, liabilities, costs or debt, and expenses(including but not limited to attorneys' fees) arising from: (i) your use ofand access to the Platform and/or the Service; (ii) your violation of any termof these Terms; (iii) your violation of any third party right, includingwithout limitation any copyright, trademark, trade secret or other property, orprivacy right; or (iv) any claim that your Content caused damage to a thirdparty. This defense and indemnification obligation will survive termination,modification or expiration of these Terms and your use of the Service and thePlatform.
xi] NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements or otherunsolicited communications to VEHICLETRADE TT email addresses or through VEHICLETRADETT computer systems are expressly prohibited by these Terms. You acknowledgeand agree that from time to time VEHICLETRADE TT may monitor email usage usinghuman monitors or automated software to flag certain words associated with spamor scams in emails that are sent between one user to another in the VEHICLETRADETT email system. Any communication between yourself and any other userutilizing the communication features available on the Service and the Platformmay be used only in accordance with the Terms. Any unauthorized use of VEHICLETRADETT computer systems is a violation of these Terms and certain applicable laws.Such violations may subject the sender and his or her agents to civil andcriminal penalties.
xii] DEALINGS WITHORGANIZATIONS AND INDIVIDUALS
You acknowledge and agree that VEHICLETRADE TT shall not be liable for yourinteractions with any organizations and/or individuals on the Platform orthrough the Service. This includes, but is not limited to, payment and deliveryof goods and services, and any other terms, conditions, warranties orrepresentations associated with any interaction you may have with otherorganizations and/or individuals. These dealings are solely between you andsuch organizations and/or individuals. You agree and acknowledge that VEHICLETRADETT shall not be responsible or liable for any loss or damage of any sort incurredas the result of any such dealings or interactions. If there is a disputebetween participants on the Platform, or between users and any third party, youunderstand and agree that VEHICLETRADE TT is under no obligation to becomeinvolved in such dispute. In the event that you have a dispute with one or moreother users, you hereby release VEHICLETRADE TT, its officers, employees,agents and successors from any and all claims, demands and damages (actual andconsequential) of every kind or nature, known or unknown, suspected andunsuspected, disclosed and undisclosed, arising out of or in any way related tosuch disputes and/or our Service.
xiii] LIMITATION ANDTERMINATION OF SERVICE
You acknowledge and agree that VEHICLETRADE TT may establish limits from time totime concerning use of the Service, including among others, the maximum numberof days that Content will be maintained or retained by the Service, the maximumnumber and size of postings, e-mail messages, or other Content that may betransmitted or stored by the Service, and the frequency and the manner in whichyou may access the Service or the Platform. You acknowledge that your accountis identified and linked through your mobile number, Facebook account or emailaddress through which you have registered. In the event you have more than oneaccount linked through your mobile number, Facebook account or email address, VEHICLETRADETT reserves the right to remove or restrict the usage of such duplicateaccounts. You acknowledge and agree that VEHICLETRADE TT has no responsibilityor liability for the deletion or failure to store any Content maintained ortransmitted by the Platform or the Service. You acknowledge and agree that VEHICLETRADETT reserves the right at any time to modify, limit or discontinue the Service(or any part thereof) with or without notice and that VEHICLETRADE TT shall notbe liable to you or to any third party for any such modification, suspension ordiscontinuance of the Service. You acknowledge and agree that VEHICLETRADE TT,in its sole and absolute discretion, has the right (but not the obligation) todelete or deactivate your account, block your e-mail or IP address, orotherwise terminate your access to or use of the Service (or any part thereof),immediately and without notice, and remove and discard any Content within theService, for any reason or no reason at all, including, without limitation, if VEHICLETRADETT believes that you have violated these Terms. Further, you agree that VEHICLETRADETT shall not be liable to you or any third-party for any termination of youraccess to the Platform or the Service. Further, you agree not to attempt to usethe Service after any such termination.
xiv] DISCLAIMER OFWARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND THE SERVICE ISENTIRELY AT YOUR OWN RISK AND THAT THE PLATFORM AND THE SERVICE ARE PROVIDED ONAN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIESOF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANDNON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLESTEXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW VEHICLETRADE TT,ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSOR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. VEHICLETRADETT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OFTHE PLATFORM'S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THEPLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS,MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE,OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORMAND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANYAND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV)ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANYBUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO ORTHROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS INANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THEUSE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISEMADE AVAILABLE VIA THE PLATFORM OR THE SERVICE. VEHICLETRADE TT DOES NOTWARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ORSERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANYHYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VEHICLETRADETT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANYTRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OFPRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANYMEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISECAUTION WHERE APPROPRIATE.
xv] LIMITATIONS OFLIABILITY
INNO EVENT SHALL VEHICLETRADE TT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS,BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARYDAMAGES (EVEN IF VEHICLETRADE TT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE,INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OFTHE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE,OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OFTHE PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITHRESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVEDTHROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANYLINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS ORADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THESERVICE OR ANY LINKS ON THE VEHICLETRADE TT SITE. THESE LIMITATIONS SHALL APPLYTO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREETHAT VEHICLETRADE TT SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THEDEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THATTHE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THEPLATFORM IS CONTROLLED AND OFFERED BY VEHICLETRADE TT. VEHICLETRADE TT MAKES NOREPRESENTATIONS OR WARRANTIES THAT THE PLATFORM IS APPROPRIATE FOR USE IN OTHERLOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORM FROM OTHER JURISDICTIONS DO SOAT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCALLAW.
These Terms, and any rights and licenses granted hereunder, may not be transferred orassigned by you, but may be assigned by VEHICLETRADE TT without restriction.Any assignment or transfer by you shall be null and void.
xvii] ABILITY TOACCEPT TERMS OF SERVICE
This Platform is intended only for adults and that you are eligible to contract asper applicable laws. If you are using/accessing this Platform as arepresentative of any person/entity, you acknowledge that you are legallyauthorized to represent that person/entity. Minors, i.e. users of under 18years of age, are only allowed to access the Platform and use the Service, inthe event of approval of their legal representatives or in the event that itconcerns an act or a transaction that is usual and acceptable standard in civillife and practice. You affirm that you are either at least 18 years of age, oran emancipated minor, or possess legal parental or guardian consent, and arefully able and competent to enter into the terms, conditions, obligations, affirmations,representations, and warranties set forth in these Terms, and to abide by andcomply with these Terms. In any case, you affirm that you are over the age of13, as the Platform is not intended for children under 13.
NOTICE TO CHILDREN UNDER THE AGE OF 13 AND THEIR PARENTS OR GUARDIANS If you are underthe age of 13, YOU MUST NOT USE THIS PLATFORM. Please do not send us yourpersonal information, including your email addresses, name, and/or contactinformation. If you want to contact us, you may only do so through your parentor legal guardian.
These Terms and the other policies posted on the Platform constitute the complete andexclusive understanding and agreement between you and VEHICLETRADE TT andgovern your use of the Service and the Platform superseding all priorunderstandings, proposals, agreements, negotiations, and discussions betweenthe parties, whether written or oral. The Terms and the relationship betweenyou and VEHICLETRADE TT shall be governed by the laws of the Netherlands. Anyclaim you may have against VEHICLETRADE TT must be submitted to the exclusivejurisdiction the courts of Amsterdam, The Netherlands. However, in the eventthat you are a consumer, it may be that consumer law requires that another lawis applicable and that a claim may be submitted to another jurisdiction. Thefailure of VEHICLETRADE TT to exercise or enforce any right or provision of theTerms shall not constitute a waiver of such right or provision. If anyprovision of the Terms is found by a court of competent jurisdiction to beinvalid (including, without limitation, because such provision is inconsistentwith the laws of another jurisdiction) or inapplicable, the partiesnevertheless agree that the court should endeavor to give effect to theparties' intentions as reflected in the provision. If any provision orprovisions of these Terms is held to be invalid, illegal or unenforceable, thevalidity, legality and enforceability of the remaining provisions of the Termsshall not in any way be affected or be impaired. YOU AGREE THAT ANY CAUSE OFACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICEAND/OR THE PLATFORM MUST COMMENCE WITHIN A REASONABLE TIME AND IN ANY EVENTWITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, EXCEPT THAT VEHICLETRADETT MAY COMMENCE ANY SUCH CAUSE OF ACTION IN ACCORDANCE WITH THE APPLICABLESTATUTE OF LIMITATIONS UNDER DUTCH LAW. OTHERWISE, SUCH CAUSE OF ACTION ISPERMANENTLY BARRED. These Terms shall inure to the benefit of and be bindingupon each party's successors and assigns.
xix] VIOLATION OFTERMS AND LIQUIDATED DAMAGES
Pleasereport any violations of the Terms that you become aware of by contacting ususing the link at the bottom of the VEHICLETRADE TT homepage at www.vehicletradett.com. Any failure to actby VEHICLETRADE TT with respect to a breach by you or others does not waive ourright to act with respect to subsequent or similar breaches by you or others.You understand and agree that, because damages are often difficult orimpossible to quantify, if actual damages cannot be reasonably calculated thenyou will be liable to pay VEHICLETRADE TT the following as liquidated damages(and not a penalty):
a. If you are a Posting Agent that uses the Service in violationof these Terms, in addition to any liquidated damages under Section xx(e) belowyou agree to pay VEHICLETRADE TT ninety-nine euros (€99) for each and everyitem you post in violation of these Terms. A Posting Agent will also be deemedan agent of the party engaging the Posting Agent to access the Service, andsuch party (by engaging the Posting Agent in violation of these Terms) agreesto pay VEHICLETRADE TT an additional ninety-nine euros (€99) for each itemposted by the Posting Agent on behalf of such party in violation of theseTerms.
d. If you use VEHICLETRADE TT e-mail addresses or computersystems to send unsolicited e-mail advertisements to VEHICLETRADE TT e-mailaddresses or any other party, you agree to pay VEHICLETRADE TT thirty euros(€30) for each such e-mail.
e. If you post messages in violation of these Terms, other thanas described above, you agree to pay VEHICLETRADE TT ninety-nine euros (€99)for each such message. Notwithstanding the foregoing, VEHICLETRADE TT may, inits sole and absolute discretion, issue a warning before assessing damagespursuant to this Section xx(e).
f. If you aggregate, copy, display, mirror, reproduce, orotherwise exploit for any purpose any Content (except for your own Content) inviolation of these Terms without VEHICLETRADE TT's express written permission,you agree to pay VEHICLETRADE TT ten thousand euros (€10,000) for each day onwhich you engage in such conduct.
Ifnone of the foregoing clauses (a) – (f) are applicable, you agree to pay VEHICLETRADETT’s actual damages, to the extent such actual damages can be reasonablycalculated. Notwithstanding any other provision of these Terms, VEHICLETRADE TTretains the right to seek equitable remedies, including without limitation,specific performance of any term contained in these Terms, or a preliminary orpermanent injunction against the breach or threatened breach of any such termor in aid of the exercise of any power granted in these Terms, or any combinationthereof, without the necessity of posting a bond.