- These Terms along with other terms, conditions and policies of Stockars set out the terms on which we offer you access to and use of the Stockars site, mobile applications, services and tools (collectively “Services”). By using or accessing the Services in any manner, even through automated means, you agree to comply with these Terms. Additionally, when using a portion of the Services, you agree to conform to any applicable posted guidelines for such Services, which may change or be updated from time to time at our sole discretion.
- These Terms may be updated by us at any time at our sole discretion. You understand and agree that you are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with our Services in any way, your only option is to immediately discontinue using the Services.
- By proceeding to use the Services, you warrant that you are eligible to contract under applicable laws. If you are using or accessing the Services as a representative of any person/entity, you acknowledge that you are legally authorised to represent such person/entity. You affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
SCOPE OF SERVICES
- Stockars is a tool that provides you the means to list used motorized transport vehicles (“Vehicles”) for sale on our partner websites. Stockars and Stradia together form an online platform for listing classified advertisements for sale of used vehicles which brings together potential buyers and sellers through the internet (“Platform”).
- The Platform is not a party to transactions between a buyers and sellers originating on or through it. The Platform merely provides infrastructure which is used by users for posting classified advertisements. The Platform does not initiate or select the receiver of information transmitted by users using its network, nor does it select or modify information contained in such transmissions. For this reason, the Platform acts as a mere conduit or an internet intermediary, and has no liability in connection with third party content available on the Platform or any transactions between third parties pursuant to such content.
ACCOUNT, REGISTRATION AND ACCESS
- If you use our Services, you shall be solely responsible for maintaining the confidentiality of your account credentials and you agree to accept responsibility for all activities occurring under your account. If at any point you feel that your account credentials may have been compromised, please bring it to our attention immediately.
- You agree to provide us true, accurate, current and complete information about yourself as required at the time of your registration and promptly update us in the event of any change in the information provided.
- You agree to maintain only one active account with us, accessing our Services through multiple accounts may result in termination of all your accounts.
1. You acknowledge and agree that you are solely responsible for your content posted on, transmitted through, or linked from our Services (“Content”) and the consequences of posting, transmitting, linking or publishing it.
2. You affirm, acknowledge, represent, warrant and covenant that:
- (i) you own or have and shall continue to, for such time the Content is available on the Platform, have the necessary licenses, rights, consents, and permissions to use such Content on the Platform (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize us to use such Content to enable inclusion and use of the Content in the manner contemplated by these Terms;
- (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by these Terms.
3. You retain all of your ownership rights in your Content, however, by submitting any Content on the Platform you grant:
- us an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Platform and our (and our successors') business, including without limitation for the purpose of promoting and redistributing part or all of the Platform and the Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known;
- us all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Services or the Platform by any party for any purpose; and
- each user of the Platform a non-exclusive license to access the Content through the Platform. This license to each user granted by you terminates once you or we remove or delete such Content from the Platform.
4. You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Platform, or otherwise make available any content:
- that violates any law or regulation;
- that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant us all of the license rights granted in these Terms;
- that infringes intellectual property rights of any party, or is content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
- that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
- that includes personal or identifying information about another person without that person's explicit consent;
- that impersonates any person or entity, including, but not limited to, any of our employees, or falsely states or otherwise misrepresents an affiliation with a person or entity;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch" offer;
- that constitutes or contains "pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature;
- that includes links to commercial services or third party websites, except as specifically allowed by us;
- that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;
- that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Services, or that otherwise negatively affects other users' ability to use the Services or the Platform; or
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the service.
5. You agree not to:
- contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post advertisement on a third party website or post any advertisement on behalf of such user; or to "stalk" or otherwise harass anyone;
- make any libellous or defamatory comments or postings to or against anyone;
- collect personal data about other users or entities for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Services, except for internet search engines and non-commercial public archives that comply with our robots.txt file;
- post content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
- attempt to gain unauthorized access to computer systems owned or controlled by us or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, our services; or
- use any automated device or software that enables the submission of automatic postings on the Platform without human intervention or authorship (an "automated posting device"), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals.
1. In relation to advertisements posted by you through our Services, you shall:
- only post advertisements for the sale of used motorized transport vehicles, advertisements relating to any other products or services are prohibited;
- only post advertisement for sale of Vehicle of which you have possession, legal documentation, ability to transfer title and otherwise possess all legal requirements to effect sale of the Vehicle;
- submit correct and full information about the Vehicle in the advertisement for sale;
- ensure that the description of the Vehicle is not misleading in any manner and describes the actual condition of the Vehicle in the advertisement for sale;
- ensure that the photographs uploaded by you in the advertisement relate to and are illustrative of, the Vehicle for which the advertisement is being posted and do not contain any publicity material including contact details;
- ensure that each advertisement or listing relates to sale of only one Vehicle;
- ensure that you do not post duplicate content, that is to say, more than one advertisement for sale of a Vehicle;
- ensure that you list the Vehicle in the correct category on the Platform; and
- not list advertisements solely for the purposes of generating leads or otherwise soliciting business;
- ensure that all listed Vehicles are kept in stock for successful completion of sales – in the event of sale of the Vehicle on the Platform or by any other means, you shall immediately remove the relevant advertisement from the Platform;
- not test the Platform with false purchase requests; and
- ensure that you do not disclose your contact details like phone number, address, email address in the listing process, other than in the specified place in the listing form.
INTELLECTUAL PROPERTY RIGHTS
- You acknowledge and agree that the materials on Stockars, other than your Content and user content, including the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to us, and are subject to copyright and other intellectual property rights under Dutch laws, foreign laws and international treaties and/or conventions.
- In connection with the Services, we may display certain trademarks belonging to third parties. Use of these trademarks may be subject to license granted by third parties to us. You shall, in no event, reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant you any right in relation to such trademarks.
- Materials on Stockars are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
- We reserve all rights not expressly granted herein in the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted in the Terms, including any use, copying, or distribution of Materials of third parties for any commercial purposes. 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 with security related features of our Services or features that prevent or restrict use or copying of any Materials or enforce limitations on use of our Services or the Materials.
- The Services are protected to the maximum extent permitted by copyright laws, other laws, and international treaties and/or conventions. Content displayed on or through the Services is protected by copyright 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 the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited.
- You further agree not to reproduce, duplicate or copy any Content or Materials from the Services, and agree to abide by any and all copyright notices and other notices displayed on the Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services.
You hereby unconditionally allow us and our service providers to contact you via text messages, emails, push notifications or by phone calls and agree that you shall have no claim against us or our service providers under any applicable law in relation to such communication.
- We may charge a fee to post content in some areas of the Services or for providing you additional promotion tools. Unless specifically mentioned, such fee is exclusive of all applicable taxes, and such taxes will be levied over and above the fees amount mentioned.
- Any fee paid to us is non-refundable, including in event where the Content is removed from or not published on the Platform or you wish to terminate your account.
- Such fee is payable only through means communicated to you from time to time. You agree to pay the fees immediately after it becomes due.
LIMITATIONS OF SERVICE
- You acknowledge and agree that, from time to time, we may establish limits concerning use of the Services, including among others, the maximum number of days that the Content will be maintained or retained by the Services or displayed on the Platform, the maximum number and size of postings, e-mail messages, or other content that may be transmitted or stored by the Services, and the frequency with which you may access the Services.
- You acknowledge and agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted through the Services. You acknowledge and agree that we reserve the right at any time to modify or discontinue the Services (or any part thereof) or the Platform with or without notice, and that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance.
- You acknowledge and agree that we, in our sole and absolute discretion, have the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, and remove and discard any Content within the Services, for any reason including, without limitation, if we believe that you have violated these Terms. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Platform or the Services. Further, you agree not to attempt to use the Services after any such termination.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESSED AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY CONTENT ON STOCKARS OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT MADE AVAILABLE THROUGH THE SERVICE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE PLATFORM. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- You agree to defend, indemnify and hold harmless us, our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Services; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Services and the Platform.
VIOLATION OF TERMS AND TERMINATION
- Please report any violations of the Terms that you become aware of by contacting us using the Contact Us page. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others.
- You agree that we may, under some circumstances and without prior notice to you, terminate your use of and access to any of the parts of the Services without any liability whatsoever towards you. Some of the reasons for such termination may include, (a) your breach or suspected breach of these Terms or other terms or guidelines; (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the Services; (d) technical or security issues; and (e) any fraudulent or illegal activities. All terminations will be made in our sole discretion and you agree that we will not be liable for any termination of your use of or access to the Services. Upon termination, we reserve the right to remove any or all advertisements posted by you on the Platform.
- Notwithstanding any other provision of these Terms, we retain the right to seek equitable remedies, including without limitation, specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach or threatened breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
- The Terms and the relationship between you and us shall be governed by the laws of Netherlands. Any claim you may have against us must be submitted to the exclusive jurisdiction of the courts of Amsterdam, Netherlands.
- These Terms and the other policies posted on Stockars constitute the complete and exclusive understanding and agreement between you and us and govern your use of the Services superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
- These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment or transfer by you shall be null and void.
- Any failure of our part to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired.
- These Terms shall inure to the benefit of and be binding upon each party's successors and assigns.