Car Van Bike

Terms & Conditions

Welcome to CarVanBike and www.carvanbike.com (our “Platform”). These Terms and Conditions (the “Terms”) constitute a legal agreement between you and CarVanBike LTD of 10 Bank Top, Blackburn, England, BB2 1TB (“CarVanBike”, “we”, “us”, “our”) governing the use of our Platform and our Services. We license use of our Platform to you on the basis of these Terms. We do not sell our Platform to you, and we remain the owner of our Platform at all times.

TERMS OF USE
1. The provisions set out in these Terms govern your access to and your use of our Platform and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Platform.
2. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive, and non-transferable license to use our Platform on these Terms.
3. We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to our Platform or your Account at any time, or remove or edit content (including content submitted by you) on our Platform or on any of our affiliated websites (including social media pages).
4. We reserve the right to change, modify, suspend, or discontinue any portion of the Services, our Platform or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
5. Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our Platform or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.
6. The following additional terms also apply to your use of our Platform and form part of these Terms:
  1. Our Privacy Policy
  2. Our Cookie Policy
USER ACCOUNT
1. By registering for an Account (Buyers and Sellers (both Private and Trade) and collectively “Users”), which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our Platform, you agree and acknowledge that:
  1. you have read the terms set out in these Terms and agree to be bound by and comply with them; and
  2. you shall ensure that all Users of your Account abide by these Terms.
2. You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account.
3. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorised to do so.
4. You may not open more than one CarVanBike account at any time.
5. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.

MARKETPLACE
1. CarVanBike does not offer the vehicles itself and merely provides the technical and organisational infrastructure to ensure the proper conduct of transactions on the Platform.
2. CarVanBike does not itself become a contracting party to the contracts concluded exclusively between the Users.
3. Users themselves are responsible for compliance with legal requirements and the assertion of claims arising from the contracts they have concluded. In particular, CarVanBike does not guarantee:
  1. the accuracy and completeness of the statements and declarations made in relation to the Vehicles offered,
  2. the Vehicles offered as such; and
  3. the conduct and performance of the relevant Buyer/Seller, respectively.
4. Users are required to comply with applicable laws when using the Platform and Service.
5. It is each Sellers own responsibility to ensure that their offers are lawful and do not infringe the rights of third parties.
6. The content published on CarVanBike by the respective Users is generally not reviewed by CarVanBike and does not represent the opinion of CarVanBike.
7. CarVanBike is entitled to check the personal details of the Sellers by means of suitable official documents in order to confirm the correctness of the data entered.
8. CarVanBike can only perform a limited review of the Documentation and Qualifications provided by Sellers. Therefore, no guarantee can be given for the accuracy of the vehicles offered by the respective Sellers.
9. CarVanBike is not a mediator or arbitrator but offers limited dispute resolution services if Vehicles are not as described or Seller is not responding whether trough electronic means or customer support. Any such decision made shall be binding on both parties.
10. Subject to the forgoing, the service for Buyers is limited to giving them the opportunity to get to know Sellers and the vehicles offered, and for Sellers is limited to giving them the opportunity to create a profile, through which other Users are encouraged to contact them, at their own initiative. CarVanBike does not guarantee that Buyers will find suitable Sellers or vehicles or that Sellers will find suitable Buyers.
11. CarVanBike assumes no liability for the content that Sellers provide, nor the ability to fulfil the requirements for a by the Sellers offered vehicle or also any information provided by the Sellers.
12. CarVanBike has no influence on the offers made by Sellers.
13. CarVanBike reserves the right to delete the Sellers’ profile in the case of false information and gross violations of these Terms without prior notification or naming of reasons. In the case of gross deception, falsification of documents or other wilful misrepresentation, CarVanBike will take appropriate action, including legal action.

UPLOADING CONTENT TO OUR PLATFORM
1. You irrevocably and unconditionally represent and warrant that any of your content uploaded to our Platform complies with our Privacy Policy, UK`s DPA, the EU`s GDPR and any other applicable laws.
2. You are fully responsible for your content uploaded to our Platform. We will not be responsible, or liable to any third party, for:
  1. the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our Platform; or
  2. the loss of any content or data provided to us by you. You should keep a record of all such content and data (including for the avoidance of doubt any insurance policies).
3. We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
4. We may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymised and used only for the purposes of improving the Services and our response to users of the Platform.
5. We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Platform constitutes a violation of their rights under applicable law.

DATA PROTECTION
1. We will collect and process information relating to the platform in accordance with our privacy policy and our auxiliary policies and under consideration of the DPA and GDPR.
2. We will entrust only such employees and advisers with the data processing who have been bound to confidentiality and have previously been familiarised with the data protection provisions relevant to their work.
3. We and any person acting under our authority who has access to personal data may only process that data in accordance with your instructions unless otherwise required to do so by law and to provide our platform.
4. We agree to the implementation and observance of all technical and organisational measures necessary for this Agreement in accordance with the DPA and GDPR.
5. We will regularly monitor our internal processes as well as the Technical and organisational measures to ensure that the processing is executed in accordance with the requirements of the DPA and GDPR and that the rights of platform or Users are protected.

INTELLECTUAL PROPERTY RIGHTS
1. You acknowledge that all intellectual property rights in our Platform anywhere in the world belong to us, that rights in our Platform are licensed (not sold) to you, and that you have no rights in, or to, our Platform other than the right to use them in accordance with these Terms.
2. Any intellectual property rights in content uploaded by you to our Platform shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish, and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the Platform.
3. You acknowledge that you have no right to have access to our Platform in source code form.
4. Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.

TECHNICAL REQUIREMENTS AND RESPONSIBILITY
1. Users are responsible for ensuring that the technical requirements for access to and use of the respective services are met.
2. This applies in particular to the hardware and operating system software used, the connection to the Internet, the firewall settings (if any) and the current browser software. The User shall carry out necessary and reasonable adjustment measures himself/herself and shall bear the costs for the Internet connection in order to be able to access the services.
3. We do not guarantee that the services offered can actually be used with the User's device.

VEHICLE CONDITION AND HISTORY DISCLAIMER
1. CarVanBike expressly disclaims the accuracy or completeness of any and all information provided to Users regarding vehicles, whether provided in written, verbal, or digital image form including but not limited to HPi.
2. Description of damage is as identified by Sellers, and as with any wrecked/damaged item, there is always the potential for missed and/or hidden damages.
3. Vehicle information is provided for convenience only.
4. CarVanBike is not responsible for any losses or damages incurred by Users as a result of information provided on the CarVanBike Platform regarding the condition of a vehicle.

ACCEPTABLE USE
1. You may use our Platform only for lawful purposes.
2. You may not use our Platform:
3. in any way that breaches any applicable local or international laws or regulations;
4. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
5. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing Terms of Service as amended from time to time; and
6. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar device code designed to adversely affect the operation of any device software or hardware.
7. We will determine, in our discretion, whether there has been a breach of our Acceptable Use Policy through your use of our Platform.
8. When a breach of this policy has occurred, we may take such action as we deem appropriate.
9. Failure to comply with our Acceptable Use Policy constitutes a material breach of the Terms and Conditions upon which you are permitted to use our Platform, and may result in our taking all or any of the following actions:
  1. immediate temporary or permanent cancellation of your right to use our Platform;
  2. immediate temporary or permanent removal of any Contribution;
  3. issuance of a warning to you;
  4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach;
  5. further legal action against you; and/or
  6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
10. We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

LISTING FEES AND PAYMENT
1. When you purchase a listing service, these Terms apply, and you agree to these Terms.
2. If a fee is charged for any portion of the listing service, you agree to pay the fee.
3. The price quoted for the listing service includes all applicable taxes unless otherwise stated.
4. You are solely responsible for payment of any such taxes or other charges.
5. After we notify you that we have not received a payment on time or in full, we may suspend or terminate the listing service if you do not pay the full amount by the deadline set.
6. Suspension or termination of the listing service due to non-payment may cause you to lose access to your account and its contents.
7. Your bank may charge additional fees for listing service if you use a debit or credit card. Please check with your bank.
8. To pay for a listing service, you will be asked to provide a payment method when you sign up for the listing service or at a later stage as applicable.
9. You agree that we may use updated account information provided by your issuing bank or the applicable payment system, if applicable.
10. You agree to update your account and other information, including email address and payment method information, in a timely manner so that we can complete your transactions and contact you about your transactions as needed.
11. If you request us to stop using your payment method and do not provide us with a different payment method within a reasonable period of time upon our request, we may suspend or terminate your paid service for cause. A change to your Billing Account will not affect any charges made by us to your existing Billing Account until we have had a reasonable opportunity to act on that change.
12. If your listing service has a fixed term and price, that price will apply for that term.
13. If you wish to continue using the listing service thereafter, you must agree to a new offer and price.
14. If your listing services are provided periodically and not for a fixed period of time (for example, monthly) and it is not a trial offer, we may change the price of the listing services to reflect the increased cost of providing the listing services, if we add new or improved features, or in response to market changes (for example, due to labour costs, currency fluctuations, changes in taxes/regulations, inflation, licence fees or infrastructure and administration costs).
15. We will notify you at least 30 days before the price change takes effect. When we notify you of a price change, we will also tell you the reasons for the price change and its extent and that the new price will take effect if you do not cancel the Services.

LISTING REQUIREMENTS
1. Sellers with the intention to publish, or list vehicle(s), or have listed vehicle(s), on CarVanBike are required to adhere to the following principles:
  1. Legal and factual completeness and accuracy of data, offers and other information,
  2. Compliance with relevant legal provisions (e.g., consumer rights) in connection with the initiation and conclusion of your own contract with third parties,
  3. Only vehicles that are available for purchase, are offered on CarVanBike,
  4. It is not permitted to place several advertisements for the same vehicle,
  5. The account may not be shared by third parties,
  6. The vehicle offers may not be overlaid by advertising representations,
  7. Pictures must show the offered vehicle or parts of it,
  8. Insertions (e.g., logos) must play a clearly subordinate role,
  9. Verbal representations of the company (e.g., references to websites) are prohibited.
  10. No unspecific or false information to entice interested parties,
  11. Information must be free of charge and may not contain hidden redirects to services for which a fee is charged,
  12. Vehicles that are no longer available must be deactivated.

CARVANBIKE REFERRAL SCHEME
1. Referrers are bound by CarVanBike`s Referral Program Terms and Conditions available at {Insert Link} (“Referral Program Terms”). By participating in the Program, Referrers agree to use the Program in the manner specified in the Referral Program Terms.
2. If you do not agree to the Referral Program Terms in their entirety, you are not authorised to register as a Referrer or to participate in the Program in any other manner. Referrers may not participate in the Program where doing so would be prohibited by any applicable law or regulations.
3. We reserve the right to modify or amend the Referral Program Terms at any time and/or the methods through which rewards are earned.
4. We reserve the right to disqualify any Referrers from participation in the Program at any time at our sole discretion, including without limitation if he/she does not comply with any of these Terms or otherwise fails to comply with any applicable laws (including, without limitation, through any failure or otherwise required by CarVanBike).

WARRANTIES
1. While we make all efforts to maintain the accuracy of the information on our Platform, we provide the Services, Platform, and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
2. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Platform or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our Platform, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.

LIMITATION OF LIABILITY
1. We are not liable for the completeness, accuracy or correctness of any information uploaded on our Platform and any Related Content. You expressly agree that your use of the Services and our Platform, is at your sole risk.
2. You agree not to use the Services, our Platform and the Related Content for any re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our Platform or any other website or software) for:
  1. loss of profits, sales, business, or revenue;
  2. business interruption;
  3. loss of anticipated savings;
  4. loss or corruption of data or information;
  5. loss of business opportunity, goodwill or reputation; or
  6. any other indirect or consequential loss or damage.
3. Nothing in these Terms shall limit or exclude our liability for:
  1. death or personal injury resulting from our negligence;
  2. fraud; and/or
  3. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
4. Our Platform is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
5. These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our Platform. Except as expressly stated in these Terms, there are no conditions, warranties, representations, or other terms, express or implied, that are binding on us. Any condition, warranty, representation, or other term concerning the supply of the Services and our Platform which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

INDEMNITY

You agree to indemnify and hold us, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our Platform, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.

OTHER IMPORTANT TERMS
1. We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms.
2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
3. No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
4. These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these Terms, or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
6. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
7. These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of England and Wales. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.