CarBerri Terms & Conditions

Terms of Use (Updated February 28, 2019)

 CarBerri (hereafter referred to as "CarBerri", "we", "us", or "our") provides an online marketplace that provides individuals who are selling or buying cars with add on services such as extended vehicle service plans, car inspection, access to financing, closure of transaction (collectively, the “Services”), which Services are accessible at http://carberri.com and any other websites through which CarBerri makes the Services available (collectively, the “Site”), and as links that can be put on other sites. By using the Site and Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below) constitute a binding legal agreement between you and CarBerri. Please read carefully these Terms and our Privacy Policy, which can be found below and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Application. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.

 

Key Terms

“CarBerri Content” means all Content that CarBerri makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding content created by other users about their vehicles.

 

“Collective Content” means User Content and CarBerri Content.

 

“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

 

“Seller” means a person who uses CarBerri Site, Application or Services or another website to sell a car or an add on service.

 

“Buyer” means a person who uses CarBerri Site, Application or Services or another website to buy a car or an add on service.

 

“Listing” means a car that is listed by a Seller as available for sale via the Site, Application, and Services or another website or an add on service that is listed as available for sale.

 

“User” means a person who completes uses the site either as a seller or a buyer or for any other purpose.

 

“User Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.

 

“Tax” or “Taxes” mean any sales taxes; value added taxes (VAT), goods and services taxes (GST) and other similar municipal, provincial and federal indirect or other withholding and personal or corporate income taxes.

 

Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.

 

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE WEBSITE OR THROUGH THE SERVICES. YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. You accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

 

Disclaimers and Limitations of Liability.The Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. As most of the stuff on the Services comes from other users, we do not guarantee the accuracy, completeness, efficacy or timeliness of any postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. Notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of CarBerri, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Content.The Services contains stuff from us, you, and other users (as well as from our third party service providers). You agree not to copy, modify, resell or distribute the Services, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.

Indemnification.You will indemnify and hold harmless CarBerri and its affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

 

1.  Summary

CarBerri connects sellers and buyers and provides additional services and products, described further throughout this agreement.

The additional features of CarBerri are subject to certain restrictions that are described further throughout this agreement. CarBerri recommends that you read the entire Agreement.

 

2. Eligibility

 

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18

or older.

 

3. General Use

3.1. Registration and Amendments

By using CarBerri services in any way, including but not limited to visiting or browsing our carberri.com website and/or registering for its use, you agree that you have fully read and accepted the terms and conditions of this "Agreement". CarBerri reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

 

 

3.2. Intended Use of the Website

 

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 Or older. You must not use the website: a) In any way that breaches any applicable local, national or international law or regulation b) In any way that has an unlawful or fraudulent purpose or effect c) To knowingly transmit any data, send or upload any material that contains viruses or harmful programs designed to adversely affect the operation of any computer software or hardware d) To obtain details for the purposes of harassing our staff or any other illegal activity e) Not to reproduce, duplicate, copy or re-sell any part of the website

3.3. Arbitration and Class Action Waiver

In accordance with the terms set forth below, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.

4. Intellectual Property

Unauthorized use of CarBerri or carberri.com replication or other violations of any kind will be prosecuted to the maximum extent of the law.

5. Financial Terms for Purchases

 

5.1. If you purchase any products from CarBerri, you accept to be responsible for any financial fees that are agreed upon during the purchase process.

CarBerri may act as an intermediary between the buyer and selected third party finance providers. Decisions are always made in this best interest of the customer and we uphold the treat the customer fairly policy. These 3rd party finance providers will be subject to our privacy policy. http://carberri.com/privacy

5.2. Any personal information collected from you will be used purely for the purposes of administration, processing the purchase or sale of the vehicle. Please note there may be times when we use third parties, such as finance brokers. With such situations we will require any party to adhere to our strict privacy instructions. We are also entitled to track certain behavior on CarBerri using cookies. However this is purely for internal research, and details will not be shared.

6. User Conduct

 

6.1. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:

 

6.2. violate any local, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;

 

6.3. use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;

 

6.4. use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;

 

6.5. copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;

 

6.6. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

 

6.7. interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

 

6.8. use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

 

6.9. use our Site, Application or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;

 

6.10. offer any vehicle that you do not yourself own or have permission to sell;

 

6.11. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

 

6.12. use automated scripts to collect information or otherwise interact with the Site, Application or Services;

 

6.13. use the Site, Application and Services to find a Seller or Buyer and then complete a booking of an Accommodation transaction independent of the Site, Application;

 

6.14. as a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;

 

6.15. or post, upload, publish, submit or transmit any Content that:

(i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;

(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

(iii) is fraudulent, false, misleading or deceptive;

(iv) is defamatory, obscene, pornographic, vulgar or offensive;

(v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

(vi) is violent or threatening or promotes violence or actions that are threatening to any other person;

(vii) or promotes illegal or harmful activities or substances;

 

6.16. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;

 

6.17. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;

 

6.18. or advocate, encourage, or assist any third party in doing any of the foregoing.

 

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