CarBerri Terms & Conditions

Terms of Use (Updated January 1, 2019)

 CarBerri (hereafter referred to as "CarBerri", "we", "us", or "our") provides an online platform 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.

 

 

 

1.  Summary

CarBerri facilitates sales between sellers and buyers along with additional services and protections, described further throughout this agreement.

Before the sale all vehicles will have been inspected and any modifications required will be carried out by an CarBerri inspector. Photographs will be professionally taken before the vehicle is listed on the website.

The additional features of CarBerri are subject to certain restrictions that are described further throughout this agreement. Furthermore the use of CarBerri services imposes certain commitments to the buyer and seller, which are described further below. 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. Buying Vehicles.

4.1. Once the buyer has agreed to purchase the vehicle, CarBerri will deliver the vehicle and the necessary paperwork to the buyer

(i) CarBerri will present the buyer with all the disclosures and notifications and go over it with them, (ii) the buyer and CarBerri representative must sign and complete all the appropriate paperwork and contract, (iii) buyer pays CarBerri the full transaction fee of the listed car.

 

5. Buying a Vehicle on carberri.com

5.1. Subsequent agreeing to the "Agreement" a prospective buyer is able to browse the website. CarBerri displays professional photographs of each vehicle listed on carberri.com that have been taken of the vehicle at the inspection site, the photos are an accurate description of the vehicle at time of inspection only.

5.2. All vehicles listed by CarBerri will be road worthy and will be sold with a valid vehicle inspection, unless otherwise stated.

5.3. CarBerri may publish any third-party reports related to an individual vehicle but is in no way responsible for the reliability or accuracy of any such report.

5.4. The sale price listed on CarBerri for any vehicle is fixed and not subject to negotiation. The prices on the website are inclusive of all costs of completing the appropriate paperwork and any additional administrative fees you might encounter as well as Value added tax.

5.5. A prospective buyer reserves a vehicle by placing $300 deposit with CarBerri

5.6. When the prospective buyer has "reserved" the vehicle, the respective vehicle will be labeled "reserved" rendering it unavailable for purchase for any new party on CarBerri  for: (i) 4 Days while CarBerri awaits confirmation of the full transaction or (ii) an additional length of time, decided on an individual basis, at CarBerri sole discretion should the prospective buyer (a) provide a valid reason for the payment to take longer, and (b) contact CarBerri in reasonable time, deemed at the full discretion of CarBerri. (iii) if there is no contact over the 4 day limit or inadequate reasons for not purchasing the vehicle before the reservation is over the deposit will automatically be refunded and the car will be available for other customers.

5.7. Once a vehicle is reserved CarBerri will act to (i) Obtain the necessary documentation (ii) Confirm the purchase price of the vehicle in question (iii) Obtain all necessary signatures and sign all applicable documents

5.8. Should CarBerri be unable to, (i) obtain all necessary signatures from the seller to accomplish a transfer of title within 10 days, then CarBerri will inform the buyer by email or voicemail that the vehicle is no longer for sale, the customer will have his deposit returned and the vehicle will be made available again.

5.9. If there is no contact between CarBerri and the customer for a 4 day period your deposit will be refunded, and the vehicle will be available for another customer. If the car is removed by CarBerri due to some unforeseen circumstance you will be entitled to a full refund and CarBerri apologizes for any inconvenience caused.

5.10. CarBerri reserves the right to change the service fee either before or after accepting any order. Once the buyer has ‘reserved’ the vehicle, CarBerri shall notify you if this change affects your reserved vehicle and you have the right to cancel your order if the change is not acceptable, in which case your deposit will be returned in full.

5.11. 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

5.12 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.

5.14. Upon acceptance of the contract the Buyer will be given an invoice detailing the full cost of the vehicle along with any additional charges. The buyer and CarBerri will mutually execute a contract with the seller that will go over the terms of the sale. A buyer is able to pay for the vehicle by: (i) Credit Card (ii) bank transfer, (iii) through a 3rd party finance company, and (iv) any combination of the above

5.15. Terms of Payment (i) Payment is due at the time of the contract execution completion. (ii) All vehicles delivered to the Buyer are without any liens previously attached to the vehicle and come with any required notifications and disclosures. (iii) The seller will retain ownership of the goods until they have been paid for. (iv) Terms concerning delivery are stated below.

5.16. CarBerri may use a third-party payment processor to conduct any and all the transaction, including, but not limited to billing, compensation, and payment via the linked CarBerri account.

5.17. The payment processing will be subject to the respective terms and conditions and privacy policies of this Agreement as well as those of the third-party payment processor. Any errors by the third-party payment processor are not the responsibility of CarBerri. In choosing to a complete a transaction with CarBerri you agree to pay via the third-party payment process chosen at CarBerri’s discretion in accordance with the applicable payment terms, which will be outlined in an invoice prior to sale.

6. Delivery

6.1. At the time of purchase the buyer will choose the delivery time and date, which CarBerri will then endeavor to meet.

6.2. CarBerri will aim to deliver the vehicle on the delivery date (if any), and will give you warning if there are any delays involved. If you experience any delays or issues you must warn CarBerri at least 24 hours before scheduled delivery.

6.3. Where delivery is delayed, CarBerri shall, keep the customer informed at all times. If CarBerri cannot deliver the goods at the time requested by the customer we shall endeavor to find a suitable alternative. If no alternative can be found, and no suitable arrangement can be agreed on at your wish we can consider the contract cancelled at which point you will be entitled to a refund of your deposit.

6.4. If you do not pay for and take delivery of your vehicle within 7 days of notification that the vehicle is available for delivery without a prior warning or explanation, CarBerri shall be at liberty to treat the contract as annulled, thereby making the vehicle available for another customer. If we do not have any communication with you over this period you shall not be entitled for a refund on your deposit.

6.5. CarBerri reserves the right to make a reasonable daily charge for the storage of the vehicle or vehicles, which will be agreed upon before the contract is signed, and all costs shown. CarBerri make a point of no hidden all-inclusive costs.

6.6. On delivery of the vehicle you will be required to sign a buyer’s declaration confirming you have inspected the vehicle, it is undamaged and complies with the details included in the details form. If it does not match you should inform CarBerri immediately quoting the inspection sheet and reporting the issue to an employee.

6.7. If the vehicle is rejected and the decision is agreed by CarBerri, you will be entitled to: (i) receive a full refund

7. 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.

8. Selling the Vehicle Through carberri.com

8.1. When seeking to list a vehicle for sale through the Service, we will ask you, as a prospective seller, to provide basic information regarding the vehicle, including make, model, year, style, condition, history and mileage.  

8.2. If the vehicle meets CarBerri’s qualification criteria, you will then be asked to schedule an inspection with a certified inspector, and to provide either a pick up time or drop off time for getting the vehicle inspected.  

8.3. Each seller acknowledges that if he or she provides CarBerri with any false, incomplete, or inaccurate information, including but not limited to vehicle or personal information at any time, any agreement entered into between seller and buyer for the purchase of a vehicle on CarBerri is null and void and of no force of effect and seller will be responsible to compensate CarBerri for any costs, losses or damages resulting from any false, incomplete, or inaccurate information.

 

8.4. Once you have provided the required information and scheduled an inspection, CarBerri will have a the vehicle professionally photographed, and conduct a pre-purchase inspection, including a test drive of the vehicle. The inspector will also verify the vehicle’s make, model, year, style and mileage, condition, history, title and registration. 

8.5. The inspector will also review the seller’s driver’s license to confirm that the seller is the owner of the vehicle.  Any co-owner of the vehicle must also be present for the inspection and must be verified as the co-owner by CarBerri.

8.6. Upon completing the inspection, if CarBerri chooses to allow you to advertise and offer your vehicle for sale through the Service, CarBerri will provide you with a recommended price, determined using a pricing algorithm developed by CarBerri. 

8.7. Prices are fixed and not subject to negotiation, and are based on a variety of factors, including the market value of the vehicle at the time of inspection and the cost of any needed repairs, in each case as determined by CarBerri in its sole discretion.  

8.8. CarBerri is paid a commission in the event a vehicle is sold.  The sale price advertised on carberri.com is the Seller’s listed price plus CarBerri’s commission in the event the car is sold. CarBerri’s commission is determined on a car-by-car basis by CarBerri in its sole discretion. Carberri’s commission is not negotiable.

8.9. In offering a vehicle for sale through the Service, the seller represents that he or she has physical possession of the vehicle to be sold, and either

(i) that he or she has the ability to transfer title, or

(ii) that he or she has fully disclosed any lien on the vehicle to CarBerri and has provided CarBerri with sufficient information to enable CarBerri to satisfy the lien.

8.10. The Seller agrees to be solely responsible for satisfaction and payment of any liens, claims or damages of any type arising out of the vehicle during Seller's possession and ownership, including but not limited to medical, personal injury, citations, tolls, fines, legal or other claims, and Seller shall indemnify and hold CarBerri and the subsequent Buyer harmless of same.

8.11. In addition, by listing a vehicle though the Service, seller agrees that, unless or until seller advises CarBerri that the vehicle has been sold, or to cancel his or her listing through the Service, the vehicle is available for sale and, as long as the seller is paid the listing Price, seller will consummate the sale transaction. The seller is free to continue to use the vehicle until CarBerri arranges for a pickup of the vehicle and payment of the listed Price to the seller.  It is also the seller’s responsibility to inform CarBerri of any times during which the vehicle will be unavailable for pickup.

8.12. If the seller fails to notify CarBerri that a vehicle listed through the Service is no longer available for sale or to remove the listed vehicle prior to a buyer reserving the vehicle through the Service (referred to as a “Back Out”), Seller agrees that CarBerri may charge and seller will pay a “Back Out Fee” not to exceed $500.00. 

8.13. You also agree that the Back Out Fee will apply if you do not make your car available for pick up by CarBerri within five (5) days of CarBerri’s notice to you that the car has been reserved by a buyer.  In addition, CarBerri reserves the right to refuse to accept a vehicle for listing from a seller with a previous Back Out.

8.14. If a buyer reserves a vehicle advertised and offered for sale through the Service, CarBerri will, as soon as reasonably practicable,

(i) secure the vehicle title from the seller or its lien holder,

(ii) secure all necessary signatures from the seller to accomplish transfer of title,

(iii) transfer the funds to the Seller for the vehicle by way of a check or available payment outlets issued by CarBerri, and

(iv) pick up the vehicle from the Seller.  

8.15. CarBerri may remove the seller’s listing from the Service if CarBerri cannot secure from the seller the title, the vehicle, or the necessary signatures.  Seller agrees to provide reasonable assistance to CarBerri as needed to transfer title to or register the vehicle to the new buyer.

8.16. CarBerri cannot guarantee that any vehicle listed through the Service will be sold. Nor can CarBerri guarantee the length of time it will take for any car to sell.

9. Financial Terms for Purchases

 

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

 

10. Taxes

 

10.1. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors for any vehicle that you sell or purchase with help of CarBerri. CarBerri cannot and does not offer Tax-related advice to any User of the Site, Application and Services. Additionally, please note that each User is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.

 

12. User Conduct

 

12.1. 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:

 

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

 

12.3. 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;

 

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

 

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

 

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

 

12.7. 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;

 

12.8. 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;

 

12.9. 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;

 

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

 

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

 

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

 

12.13. 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;

 

12.14. 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;

 

12.15. 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;

 

12.16. 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;

 

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

 

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

 

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