Terms and Conditions

CarMart-Ph.com Terms and Conditions

Introduction

These Terms and Conditions of Service (“Terms & Conditions”) govern user utilization of the websites, mobile applications, and services (collectively, the “Services”) provided by CarMart-Ph.com (as defined below). These Terms & Conditions are between user and CarMart-Ph.com or between a seller and buyer, as a service provider identified for a particular Services related to the business. For ease of reference, each of CarMart-Ph.com referred to in these Terms as “CarMart-Ph”. CarMart-Ph is a marketplace that allows users to offer, buy and/or sell with a variety of pricing formats and locations related to vehicles in the Philippines. CarMart-Ph does not have possession of anything listed or sold through the website platform and is not involved in the transaction between buyers and sellers. The actual contract for sale is directly between the sellers and buyers. CarMart-Ph may provide an informational platform for reference purposes as rendezvous between buyers and sellers, while takes steps to help ensure accuracy in the information provided, such as car schedule inspection, listing review, as well as communication with both buyers and sellers, CarMart-Ph does not guarantee users' listings or content to be fully accurate. Ultimately, the Users (Sellers and Buyers) will be transacting with each other, with CarMart-Ph only acting as a platform.

General

These Terms & Conditions apply to all users of the Services, including sellers and buyers. If the user is entering into this agreement for and on behalf of a business entity, and the term “user” in this agreement shall mean the business entity on whose behalf are using the Services unless the context does not permit.

These Terms & Conditions are between user and CarMart-Ph.com or between a seller and buyer, as a service provider identified for a particular Services related to the business. For ease of reference, each of CarMart-Ph.com referred to in these Terms as “CarMart-Ph”. By using the Services in any manner, including but not limited to visiting or browsing the Services, users agree to observe and be bound to the Terms & Conditions. CarMart-Ph reserves the right to change or modify the Terms & Conditions at any time. Users have agreed to the amended Terms & Conditions by continued use of the Services following the date on which the amended Terms & Conditions are posted.

Use of the Services

With the user compliance to the Terms & Conditions, CarMart-Ph grants users limited, non-exclusive, revocable (with or without cause), non-transferable rights, and permission to use the Services.

User shall utilize the Services following these “Terms & Conditions” and shall not:

    • Upload any Content (as defined below) that violates or infringes another party’s rights of publicity, privacy, copyright, trademark, or any other intellectual property rights.
    • Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the Services' integrity or performance.
    • Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Services.
    • Violate any applicable laws, rules, or regulations in connection with your access or use of the Services.
    • Use the Services in violation of or to circumvent any sanctions or embargo.
    • Remove, alter or obscure any proprietary notice (including any notice of copyrights and trademarks) of CarMart-Ph or its affiliates, partners, sellers, or buyers.
    • Use the Services for any purpose for which it is not designed or intended.
    • Use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.
    • Use the Services to send automated, unsolicited, or unauthorized messages, advertising or promotional material, or any junk mail, spam, or chain letters.
    • Upload to, or transmit through the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful components.
    • Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.
    • Collect any information of other users without their consent.
    • Commit any act to avoid/evade paying any applicable fees and/or charges.
    • Attempt to and/or engage in any activity or act that is intended to abuse, abuse, or inappropriately manipulates any transactions, promotion, campaign, and/or discounts offered through the Services. Such acts and activities include but are not limited to; creating fake or duplicate accounts; generating fake orders; buying and reselling your own car.
    • post, list, or upload content or items in inappropriate categories or areas on CarMart-Ph sites;
    • breach or circumvent any laws, third party rights, or our systems, policies, or determinations of user account status;
    • sell any counterfeit items or otherwise infringe the copyright, trademark, or other rights of third parties;
    • use CarMart-Ph Services if the user is not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely ban/suspended from using CarMart-Ph’s site, services, applications, or tools;
    • fail to pay for items purchased by the user, unless user/buyer has the valid reason as set out in CarMart-Ph policy, for example, the seller has materially changed the item's description after buyer reserve/buy/bid, a clear typographical error is made, or buyer cannot contact the seller;
    • fail to deliver items sold by the user, unless user/seller has the valid reason as set out in CarMart-Ph policy, for example, the buyer fails to follow the posted terms or seller cannot contact the buyer;
    • manipulate the price of any item or interfere with other user's listings;
    • post false, inaccurate, misleading, defamatory, or libelous content;
    • take any action that may undermine the feedback or rating systems;
    • transfer user’s account and user ID to another party without CarMart-Ph consent;
    • use any robot, spider, scraper, or other automated means to access CarMart-Ph Services for any purpose;
    • export or re-export any CarMart-Ph application or tool except in compliance with the export control laws of any relevant jurisdictions and accordance with posted rules and restrictions;
    • copy, modify, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from, content that belongs to or is licensed to CarMart-Ph, or that comes from the sites or Services and belongs to another CarMart-Ph user or a third party including works covered by any copyrights, trademark, patent, or other intellectual property rights, except with prior express permission of CarMart-Ph and/or any other party holding the rights to license such use;
    • If CarMart-Ph Administration (the “Admin”) believe that the user is abusing the CarMart-Ph platform in any way, it may, Admin sole discretion and without limiting other remedies, limit, ban, suspend, or terminate user’s account(s) and access to the Services, delay or remove hosted content, remove any special status associated with the user’s account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent from using the Services.

CarMart-Ph reserves the right to ban, terminate or suspend a user’s account if the user is subsequently found or suspected to be engaged in any activity or act that is in breach of the Terms & Conditions, guidelines, and policies.

Account

Users need to have an account with CarMart-Ph (“Account”) to utilize the Services. The creation of an Account will represent and warrant that:

    • If the user is an individual, the user must be in a legal age (at least 18 years of age).
    • If the user is a representative from a company, organization, or any other legal entity (“Entity”), the user has the authority to bind the entity to these Terms & Conditions.
    • The user is capable of entering into and performing legally binding contracts under Philippine law.
    • All information which user provides is accurate, up-to-date, truthful, and complete.

The user under 18 years of age, may only use the Services with the consent of and under the supervision of the parent or legal guardian who shall be responsible for all activities.

The user is responsible for all activities and transactions under the user’s Account. CarMart-Ph will not be responsible in any way if the user’s password and/or Account are misappropriated or used by a third party. The user, therefore agree to:

    • Keep the password secure.
    • Keep the account information up to date at all times.

Comply with CarMart-Ph’s Terms & Conditions and all applicable laws concerning user’s activities and the Content which user upload to the Services.

Unless expressly permitted by CarMart-Ph and subject to these Terms & Conditions and any other additional policies as CarMart-Ph determines, the user shall not set up multiple Accounts. User shall not lend, transfer or sell an Account to another party and must not use another user's Account without their permission.

CarMart-Ph Subscriptions

Fees and Payments

Depending on the type and/or several listings the user choose to post and any additional services user may request about his/her Account or listing, the user may be charged subscription fees, listing fees, and other charges about your Account or listing (collectively, the “CarMart-Ph Fees”).

Users may pay CarMart-Ph Fees using a credit card, debit card, cheque, or by way of telegraphic or other electronic means of transfer, and cash. Users may also pay CarMart-Ph Fees through any of the methods made available on the Platforms or as may be notified to the user from time to time.

User acknowledges and agrees that:

    • in the event of a subscription or recurring payment, you shall ensure that all payments are made and cleared by your bank before each monthly and/or annual recurring payment is due. For payments by credit card, your credit card account must be in good standing and remain valid for the monthly/annual charge(s) to be debited successfully. In the event of an unsuccessful payment, your CarMart-Ph Subscription will automatically be suspended and/or terminated if payments are not received within ten (15) days from the due date;
    • save as set out in this Clause, all subscription fees, listing fees, and/or other charges paid by the user to CarMart-Ph concerning the User Account or otherwise for the user access to and use of the Services, are non-refundable. For the avoidance of doubt, there will be no refunds of any CarMart-Ph Fees if: (i) your Account is suspended or terminated due to a breach of the Terms & Conditions; and/or (ii) any Content has been removed following the
      Terms  & Conditions.
    • in the event of user Account suspension or termination for any reason, any amounts due on the user account will immediately become due and payable. CarMart-Ph reserves the right to immediately charge any amounts user have not previously disputed to the billing method that user is using and shall be entitled to terminate the User Account, without prejudice to any other rights or remedies available to CarMart-Ph;
    • and User is responsible for collecting and paying any taxes associated with using and making sales through the Services.

Posting/Listing Fees

The first six (6) months of using the Services is free, after six months’ user may be charged a listing fee of 150 pesos per month for ten months, and finally, 500 pesos per month which the extend of time depends on the subscription by the user.  

User acknowledges and agrees that:

    • CarMart-Ph does not represent or warrant that any CarMart-Ph Fees paid or payable will lead to a like, offer, chat, and by extension, sale;
    • and there will be no refunds if: (i) user Account is suspended or terminated due to a breach of the Terms & Conditions; and/or (ii) any Content has been removed following the Terms & Conditions.

CarMart-Ph is a Market Place

The Services provide a marketplace for users to interact with each other and to buy and sell cars(Vehicle). CarMart-Ph does not pre-screen a user or the Content provided by a user, nor is CarMart-Ph directly involved in transactions between users. CarMart-Ph has no control over, and the user agrees that CarMart-Ph is not responsible or liable for, any of the following:

    • The quality, safety, morality, or legality of any aspect of the items(Car/Vehicle) listed.
    • The truth or accuracy of the listings, the ability of sellers to sell cars, or the ability of buyers to pay for cars.
    • The true identity, age, nationality, or sense of humor of a user.
    • Any Content posted by users.

User is encouraged to utilize the features and functions available on the Services to communicate with other users and/or to find out more about cars/vehicles which a user has put up for sale. However, please exercise common sense and good judgment in the interactions with other users. While CarMart-Ph endeavors to keep the Services safe for everyone, the user of the Services and the interactions with other users is entirely at their own risk.

Content

The Services allow users to create listings and share content, such as photos, comments, data, text, links, and other information (“Content”).

The user retains ownership rights in the Content which upload or share on the Services but the user grants CarMart-Ph worldwide exposure, store, use, display, reproduce, modify, adapt, edit, publish and distribute such Content to operate, develop, providing, promoting, and improving the Services and to research for the development of new products and services.

Users understand and agree that the sole responsibility for the Content which is posted or shared on or through the Services and any loss or damage which user sustain as a result of such Content is solely the user’s responsibility.

The user acknowledges that CarMart-Ph does not pre-screen Content uploaded by users. CarMart-Ph shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, CarMart-Ph shall have the right to remove Content, without liability or the obligation to offer a refund, in any of the following events:

    • If the Content is in breach of the Terms & Conditions.
    • If CarMart-Ph has received a complaint or notice of infringement concerning the Content.
    • If the Content is otherwise objectionable.

CarMart-Ph may also ban/delete/block Content and the delivery of a communication (including, without limitation, feedback, postings, messages, and/or chats) to or from the Services as part of efforts to protect the Services or users or to otherwise enforce the Terms & Conditions.

Buy and Sell on CarMart-Ph

In using the Services to create a listing and offer a unit (car/vehicle) for sale, and/or offer a service, the user agree to comply with the following:

    • All units must comply with the Terms & Conditions and CarMart-Ph’s policies.
    • The user must provide a fair, accurate, and complete description of each unit, including the price for the certain Car/Vehicle.
    • Seller’s listing for the car/vehicle may only include text, descriptions, graphics, images, and other content relevant to the unit. All Content contained in a listing must be true, complete, accurate, and not misleading in any manner whatsoever.
    • Any links included in the listing lead to the user’s personal or corporate website and must not include any links to third-party websites.

User acknowledges and agrees that CarMart-Ph has no total control over the seller’s listing and content other than the CarMart-Ph website and shall not, in any event, be responsible or held liable for any expired car/vehicle listing and inaccurate information.

 

Without prejudice to the rest of the Terms & Conditions and CarMart-Ph’s policies, user warrant, in respect of each unit (Car/Vehicle) which seller offer for sale on the Services, that:

    • The seller is the owner of the unit, and the unit is not stolen.
    • Car Advisor is the authorized representative of the owner to advise related issues to the purchased of the car/vehicle.
    • The sale of the car/vehicle complies with all laws and regulations which apply to that certain unit.
    • The unit is not dangerous, defective/hazardous, or subject to a recall by a government or manufacturer.
    • The Content in the car/vehicle listing does not infringe or violate any applicable laws and regulations, the intellectual property rights, or proprietary rights of a third party.

All offers made and accepted through the Services are binding. If the seller accepted a buyer’s offer for a certain unit:

    • Seller agrees to meet and comply to complete the transaction with the buyer in a prompt manner unless there is an exceptional circumstance, for instance, if the buyer fails to meet the terms of your listing (such as payment method), fraud, or cannot authenticate the buyer's identity.
    • The seller must not alter the unit’s price after a reserve payment/ sale, or misrepresent the unit's location and price.

If a buyer whose offer for the unit has been accepted by a seller, the buyer agrees to make payment for reservation/full payment to the seller for the unit, unless there is an exceptional circumstance, for instance, if a buyer cannot authenticate the seller’s identity and fraud.

In communicating with a user through the Services for the offering of or acceptance of a car/vehicle listing and/or services or purchase or sale of the unit (each, a “Transaction”), buyer/seller may obtain personal information of that user, such as their name, email address, Cellphone/phone number and mailing address. Without obtaining prior permission of the user, the buyer/seller shall use such information solely for the Transaction.

 

Notwithstanding the foregoing, as CarMart-Ph is not involved in Transactions that are considered solely between users, CarMart-Ph cannot ensure that a user (whether as a buyer or seller) would follow through and complete a Transaction.

Ban, Suspension, and Termination

User may deactivate their own account at any time through the “Settings” section of the user Account.

CarMart-Ph reserves the rights to, at its sole discretion, and without liability:

    • Ban, Suspend, or terminate the user account and/or User access to the Services at any time, for any breach of the Terms & Conditions, guidelines, and any additional policies.
    • Ban, Suspend, or terminate the user account and/or User access to the Services at any time, for any reason, and without advance notice.
    • Change, modify, ban, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice.
    • Ban, Suspend, or terminate the user account and/or User access to the Services at any time, in the event of any act, threats of, verbal and/or written abuse against any CarMart-Ph user, CarMart-Ph employees, representatives, and/or officer. 

User acknowledges and agrees that if deactivate their own User Account or if the Admin ban, suspend or terminate user account, the user will lose any information associated with that Account, including meeting schedules and Content. It is the user's responsibility to back up the Content uploaded to the Services. Upon termination, all rights granted to the user in the Terms & Conditions will immediately cease.

No Warranty

User acknowledges and agrees that the Services are provided on an “as is” and “as available” basis, and that user of or reliance upon the Services and any content, products, or services accessed or obtained thereby is at user sole risk and discretion. CarMart-Ph does not represent or warrant that:

(a) the use of the Services will be secure, timely, uninterrupted, or error-free or that they will be compatible or operate in combination with any other hardware, software, system, or data;

(b) the Services will meet User requirements or expectations;

(c) errors or defects in the Services will be corrected; or

(d) the Services and CarMart-Ph’s server is free of viruses or other harmful components.

All conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.

 

The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device of the user). CarMart-Ph is not responsible for schedule meetings, any delays, delivery failures, damages, or losses resulting from such problems.

No advice or information, whether oral or written, obtained by the user from CarMart-Ph or the Services shall create any representation, warranty, or guarantee. Furthermore, the user acknowledges that CarMart-Ph has no obligation to support or maintain the Services.

CarMart-Ph disclaims all liability or responsibility about the content made available through the Services, including but not limited to the Content uploaded by users or the third party content and services. CarMart-Ph is not responsible or liable in any manner for the user / third party content and services associated with or utilized in connection with the Services, including the failure of such user/third party content and services. 

In addition, the Services may promote, advertise or sponsor functions, events, offers, competitions, or other activities which may be conducted online or offline and which may be conducted by the user/third parties. These activities may be subjected to separate terms and conditions; user participation in such activities is solely at the user’s digression and risk. CarMart-Ph does not accept any responsibility in connection with user participation in activities conducted by any other party.

Indemnity

User will indemnify and hold harmless CarMart-Ph, its subsidiaries, affiliates, partners, shareholders, officers, employees, independent contractors, and agents, and all successors and/or assigns from and against all actions, claims, proceedings, damages, losses, costs and expenses resulting from (a) user utilization of the Services; (b) user Content; (c) any use of user’s Account; (d) user breach of the Terms & Conditions; (e) user breach of any statutory requirement, duty or law; or (f) user violation of any rights of another person or entity.

Compatibility

CarMart-Ph does not warrant that the Services will be compatible or interoperable with the user device or any other piece of hardware, software, equipment, or device installed on or used in connection with the user’s device. Furthermore, users acknowledge that compatibility and interoperability problems can cause the performance of the user’s device to diminish or fail, and may result in permanent damage to the user device, loss of data located on the user device, and corruption of the software and files located on the user device. User acknowledges and agrees that CarMart-Ph and its subsidiaries, affiliates, and partners shall have no liability to the user for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

Sub-contracting by CarMart-Ph

CarMart-Ph reserves the rights to delegate, sub-contract, or otherwise arrange for any related corporations, service providers, partners, subcontractors, and/or agents to perform any part of the Services as CarMart-Ph deems appropriate.

Miscellaneous

User and CarMart-Ph are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms & Conditions.

If any provision of these Terms & Conditions is held unenforceable, then such provision will be modified to reflect the party's intention. All remaining provisions of these Terms & Conditions shall remain in full force and effect.

Except as provided herein, any failure by CarMart-Ph to exercise rights or require performance of an obligation in these Terms & Conditions shall not affect CarMart-Ph’s ability to exercise such rights or require such performance at any time thereafter nor shall the waiver of a breach of these Terms & Conditions constitute a waiver of any subsequent breach.

User shall not assign any rights or delegate any obligations herein without Admin prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.

These Terms & Conditions constitute the entire agreement between the user and CarMart-Ph and supersedes all prior or contemporaneous understandings and/or agreements between the user and CarMart-Ph.

Dated on 01 July 2021