THIS AGREEMENT CONSTITUTES A BINDING CONTRACT WHICH GOVERNS THE USE OF AND ACCESS TO OUR SERVICES BY YOU, YOUR AGENTS AND END-USERS WHETHER IN CONNECTION WITH OUR ADVERTISING SERVICES.

Please read the following carefully, by accepting this Agreement, either by clicking the box indicating your acceptance, accessing or using our website and services, or authorizing or permitting any Agent or End-User to access or use our website or services, you agree that you have read and understood the terms of this Agreement and agree to be bound by this Agreement.

IF YOU DO NOT ACCEPT ALL OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE. BE SURE TO RETURN TO THIS PAGE PERIODICALLY TO REVIEW THE MOST CURRENT VERSION OF THE AGREEMENT. WE RESERVE THE RIGHT AT ANY TIME, AT OUR SOLE DISCRETION, TO CHANGE OR OTHERWISE MODIFY THE AGREEMENT.

The terms “we”, “us”, “our”, and ONLINE AUTO MARKET refer to ONLINE AUTO MARKET INC., a Barbadian corporation and/or our subsidiaries. The term “you” refers to the customer visiting the Website or the customer’s agents or end users.

OUR CONTRACT WITH YOU

  1. These Conditions apply to any advert for the sale of a vehicle that is placed on the website by a private advertiser and together with all other policies and terms posted on the website.
  2. The Conditions also set out the terms on which ONLINE AUTO MARKET enters into a contract with you to provide you with access to our platforms and services.
  3. By placing an advert with ONLINE AUTO MARKET on onlineautomarketbarbados.com you are deemed to have accepted our Terms and Conditions.
  4. Each time we accept a request from you to place an advert on the website, a separate severable contract is formed between you and ONLINE AUTO MARKET which is subject to our Terms and Conditions.

 

VARIATION OF TERMS

  1. ONLINE AUTO MARKET is permitted to revise and modify its terms, conditions and policies at any time as it sees fit, and by using this Website you are expected to review such terms, conditions and policies upon each placement of an advert and on a regular basis to ensure you understand terms governing the use of this Website and our services.
  2. We will give you at least 3 days written notice via email (Notice of Variation) of any variation to our Terms of Advertising.

 

REGISTERATION OF AN ACCOUNT

  1. Upon registering an account for the placement of an advert on onlineautomarketbarbados.com, you will require a username and password which you are responsible for keeping secure. ONLINE AUTO MARKET will not be liable to you if you fail to keep your username and password safe.
  2. If you know or suspect that anyone other than you knows your username and password, you must promptly notify us in writing at info@onlineautomarketbarbados.com.
  3. We will not be liable for any loss you might suffer if a third party gains unauthorised access to your account.
  4. You declare and agree that the information supplied with your registration will be truthful, accurate and complete.
  5. You hereby agree that you will not attempt to register in the name of any other individual nor will you adopt any username which is offensive.
  6. To be eligible to have a registered member account you must be at least 16 years of age and agree to be bound by the Terms and Conditions.
  7. For security and related reasons you must provide us with an up-to-date and valid email address. If for any reasons you change your email address you must notify us of that change immediately by updating your registered member account with the new email address.
  8. You may view, manage and update your Account information through the online Service on our Website. To access your Account you must use the username and password you supplied during enrolment or the temporary password we issue you in the event you forget your password.
  9. All personal information supplied by you as part of the registration process will be protected and used in accordance with the terms of our Privacy Policy.
  10. By submitting an advert to us, you are requesting that your advert appears on onlineautomarketbarbados.com. This means that the advert and all information contained within it can potentially be viewed by all persons with internet access throughout the world. You consent to the publication of your data in this way.
  11. You acknowledge and agree that by placing an advert with us, you will provide us with and we will collect from you certain personal data relating to you (e.g. name, address and contact details). This personal data will be processed in accordance with our Privacy Policy and may be used for a number of purposes and which may include but are not limited to the prevention and detection of fraud, complying with statutory and regulatory obligations.
  12. We have the right to disable any member account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of our terms and conditions or policies.
  13. We do not guarantee this website will be secure or free from bugs or viruses and you are responsible for configuring your information technology, computer programmes and platform in order to access the site. You should use your own virus protection software.

ADVERTISING REQUIREMENTS

  1. Each advert may only feature one vehicle. If you have more than one vehicle to sell, you will need to place a separate advert for each vehicle. We are only able to display one advert for each vehicle at any one time.
  2. You must accurately provide the specified information outlined in our online advert application form in order for your application to be submitted and considered.
  3. We may accept photographs of vehicles for use in adverts. However, we reserve the right in our sole discretion not to include a photograph in an advert.
  4. You are solely responsible for uploading any photographs which form part of your advert unless agreed otherwise by us. We shall have no responsibility for the quality of any photographs you upload or provide to us.
  5. When placing an advert with us a minimum of 4 photos showing front, side and rear of the vehicle and the interior of the vehicle should be provided.
  6. Photographs which form part of the adverts may be checked by us to ensure that the content meets the following requirements:-
    1. Photographs submitted for inclusion in the advert must not contain: nudity, profanity, pornography, drug use, violence, attacks on individuals or groups (including sexist, racist, defamatory or homophobic material), obscene material, copyrighted material including music or radio audio, material that could be considered dangerous or encourage others to be dangerous.
    2. Photographs submitted for inclusion in the advert must not contain individuals that can be personally identified.
    3. Photographs should only show one vehicle.
  7. We may at any time vary the specified information required for placement of an advert on the website operational reasons.
  8. We have the right to require any alterations considered necessary or desirable for the advertisement to meet our approval.

METHOD OF ADVERTISING

  1. If all the requirements for advertising have been satisfied, upon the acceptance of your advert, we will endeavour to publish such an advert within 24 hours of its approval. However, ONLINE AUTO MARKET does not guarantee any such time scale.
  2. Once your advert has been accepted for publication, a confirmation email will be sent to you explaining that the advert has been posted on the website and you will be given a unique identification number in respect of your advert.
  3. In the event that an advert has been rejected for publication, we will attempt to contact you to explain why your advert has been rejected. In the event that we reject the advert prior to publishing, no charge will be incurred by you.
  4. From time to time, we will need to carry out maintenance on our equipment and systems, and we shall use our reasonable endeavours to ensure that, in so doing, minimum disruption to any adverts is caused.
  5. We do not monitor or control and shall not be responsible for the content of your advert which you agree is your sole responsibility. Accordingly, you shall be responsible for any losses, expenses or other costs incurred by us caused by an untrue statement or inaccurate or unlawful content.
  6. We shall have the absolute discretion to suspend or change the position and any advert accepted for publication on the website.
  7. ONLINE AUTO MARKET reserves the right to refuse to publish any advert without reason and to classify and delete an advert at our sole discretion so as to:
  8. comply with legal or moral obligations placed on you or us;
  9. avoid infringing third party rights,
  10. comply with any relevant or applicable laws and regulations relating to our services;
  11. respond to any complaints; and
  12. for any other technical and/ or quality reasons.
  13. Where possible, we will attempt to contact you to inform you of these changes prior to its deletion, and/or to recommend any edits.
  14. We may at any time remove any or all of the materials from the advert which in our opinion are unlawful or are in breach of these Conditions or after three months of inactivity.

 

CHARGES AND PAYMENT

  1. The cost of placing an advert on the website depends on the advertising package you select.
  2. We have the right to amend, vary or change our advertising rates at any time and for any reason but any revised rates shall not apply to any adverts placed with us before publication of the revised rates. Any amendment or variation of the rate will not be deemed to be an amendment to this Agreement and will not require the signature of both parties to be of force and effect.
  3. In any event that we amend our rates and fees, you will be provided at least 7 days notice of such amendment through a post of the revised rates and fees on the website.
  4. All adverts must be pre-paid prior to publication.
  5. You will pay all fees specified in the Order Forms.
  6. Payment can be made using direct credit or debit electronic transfer facilities such as Visa, MasterCard or Paypal or at our offices.
  7. You will provide us with valid and updated debit or credit card or PayPal information reasonably acceptable to us. If you provide credit card information to us, you authorize us to charge such credit card for all Services listed in the Order Form.
  8. Whilst every effort is made to ensure the safety of your credit card transaction, we cannot and do not accept liability for any loss or damage incurred as a result of using the secure payment mechanism.

WARRANTIES AND REPRESENTATION

  1. You hereby warrant and represent that
    1. You are not acting in the course of trade or business;
    2. You have the right and authority to sell the vehicle in the advert;
    3. The information contained within the advert is true and accurate representation of the vehicle to which it relates and any statement made is true and correct and is compliant with the laws and regulations of Barbados including but not limited to the Consumer Protection Act Cap 326D and the Consumer Guarantees Act Cap326E; and
    4. You will not act fraudulent and will deliver any vehicle advertised that is lawfully bought from you.

 

  1. ONLINE AUTO MARKET hereby warrants and represents that
    1. We will provide the advertising service with reasonable care and skill in a professional and timely manner
    2. We will use reasonable endeavours to investigate and remedy faults or errors on the website as soon as possible.
  2. However, we do not warrant that the Website will be fault free or available without interruption.

LICENSE TO USE FEEDBACK

  1. You grant to us and our Affiliates a perpetual, irrevocable, royalty-free license to use and incorporate into our and/or our Affiliates’ services any suggestion, enhancement request, recommendation, correction or other feedback provided by you or users relating to the operation of our or our affiliates’ services.

FORCE MAJEURE

  1. Neither party will be liable for any failure to comply with these Terms and Conditions or any other agreement with you if, and to the extent that, that failure is caused by an act, omission or event beyond the party’s reasonable control. In any such event, the time for performance of obligations under these Terms and Conditions will be extended by the same period or periods for which performance is delayed. Whoever of you or us is affected will use their best endeavours to avoid or remove such causes of non-performance.

INTELLECTUAL PROPERTY

  1. In respect of any materials and content which you upload and thereby supply to us you grant us a non-exclusive, irrevocable, perpetual and royalty free licence to use such material and content, to copy, distribute and disclose to third parties for the any purpose.

RIGHT TO TERMINATE

  1. We may immediately suspend or terminate the contract and remove an advert where:
    1. You breach a term of these Conditions;
    2. You place an advert for one vehicle and then modify adverts details to sell multiple vehicles;
    3. You are a trade seller masquerading as a private seller;
    4. If in our reasonable opinion, we have receive a valid complaint from a third party regarding your conduct in the sale of an advertised vehicle; and/ or
    5. any competent law enforcement or compliance authority instructs, advises or makes a recommendation to us to take down any of your adverts and/or suspend the delivery of services to you.
  2. If we remove an advert in accordance with the aforementioned section 51, you will not be entitled to any refund for the advert in question.
  3. An advert can be cancelled at any time by you, for example to avoid unwanted responses but no refunds will be given unless you cancel due to our breach of the contract.

INDEMNIFICATION

  1. You shall indemnify , defend and hold harmless ONLINE AUTO MARKET INC. and its affiliates, subsidiaries, directors, officers, employees, sublicensees and agents and its successors and assigns from and against any and all claims, losses, liabilities, damages, demand, settlements, expense and cost (including attorneys’ fees and court costs) which arise directly or indirectly out of, relating to, arising out of or resulting from any breach of this agreement or as a result of legal action or threatened legal action arising from the publication of an advert in accordance with your submission.

LIABILITY

  1. We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses, malicious or impairing computer programs or other technologically harmful material that may affect the website, your advert and/ or may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website, or your downloading of any material posted on it or on any website linked to it.
  2. In no event shall ONLINE AUTO MARKET, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and ONLINE AUTO MARKET, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
  3. We cannot guarantee that by placing an advert on the website, you will sell the vehicle in question and we do not commit to finding a buyer for you. Our role is solely to provide a platform on which you can advertise your vehicle for sale.
  4. If, as a result of placing an advert, you are successful in selling your vehicle, ONLINE AUTOMARKET will not be connected in any way to that sale and will not be liable or responsible under any contract for the sale of your vehicle which you might enter into with a third party.
  5. You agree that any questions and complaints regarding a vehicle advertised in your advert will be your responsibility only and that we do not have any liability in this regard.

WAIVER

  1. The failure at any time to insist on performance of any provision of these Terms and Conditions or to fail to exercise a right under the Terms and Conditions is not a waiver of the right at any later time to insist on performance of that or any other provision of these Terms and Conditions or to exercise that or any other right under the Terms and Condition.
  2. No term in these Terms and Conditions shall be regarded as having been waived by a party and no breach shall be taken to have been excused by the consent of a party unless the waiver or consent was signed by the party claiming to have waived or consented

DISPUTES

  1. You hereby agree to use reasonable efforts to resolve expeditiously any dispute, controversy or claim with respect to the matters covered hereby that may arise from time to time by mediation.

SEVERABILITY

  1. If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

 

GOVERNING LAW

  1. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the Island of Barbados.