Terms And Conditions

Terms & Conditions

The terms and conditions set out herein below govern the use of Showroom.car services offered and available on the website of Showroom.car, all its official Android and/or IOS app and all related site and sub-sites (‘the Sites’). The User is advised to read them carefully as they affect the User’s rights and liabilities under the respective law.

By using the Sites, User is deemed to have agreed to be bound by the terms and conditions set out in this agreement (‘the Agreement’), as well as those terms and conditions incorporated by reference and/or implication.

Showroom.car has the rights to modify, update or amend the terms of the Agreement at any time. If the User continues to use the Sites and/or services provided by Showroom.car on the Sites (‘the Services’), the User shall be deemed to have consented to be bound by the amended terms and conditions. In the event the User does not agree to the amendments, the User shall not continue to use the Sites and/or the Services.

The User

User may be an Individual or Corporate Entity as defined herein below, and included any person browsing and/or viewing the Sites, as well as any person posting any advertisement and listing of any vehicle/ goods/ services for sale on the Site, and the expression ‘Users’ shall mean more than one User.

‘Individual’ – The Services are available only to individuals who are 18 years or above of age and are capable of entering into a legally binding agreement under applicable laws.

‘Corporate Entity’ – The Services are available to companies and/or business entities. Any person using the Services on behalf of such corporate entities represents that he or she has the authority to bind the corporate entity to the terms and conditions set out in the Agreement.

Responsibilities of the User

The User is personally responsible for his/her use of the Site and/or Services.

The User uses the Site and/or the Services at his/her own risk.

The User shall use the Services in accordance with all laws applicable at the time being.

The User shall not list and/or advertise any item on the Site for sale and/or also shall not provide and/or cause to be provided information which:

  1. Infringes any intellectual property rights of any third party including copyright, patent, trade mark, trade name, designs, trade secret, confidential information, rights of privacy or publicity or other proprietary rights or rights of publicity or privacy of any third party, or contents that the User does not have a right to make available under any law or under contractual or fiduciary relationships;

  2. otherwise causes any damage or loss to any person including but not limited to a product that contains a defamatory statement; or

  3. violates, or is illegal under any applicable law, statute, ordinance or regulation.

  4. is unlawful, harmful, threatening, abusive, harassing, libelous, invasive of another’s privacy, or is harmful to any persons in any way;

  5. is pornographic or depicts a human being engaged in any sexual conduct;

  6. harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of political affiliation, religion, gender, sexual orientation, race ethnicity, age, or disability;

  7. impersonates any person or entity, including, but not limited to, Showroom.car employee(s), or falsely states or otherwise misrepresents the User’s affiliation with a person or entity;

  8. includes personal or identifying information about another person without the person’s consent;

  9. is false, misleading, deceitful, or constitutes ‘bait and switch’;

  10. advertises any illegal services or the sale of any vehicle/ goods/ services the sale of which is prohibited or regulated by law.

  11. contains software viruses or any other compute code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  12. disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Sites, or that otherwise negatively affects other users’ ability to use the Site; or

  13. employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of contents transmitted through the Sites.

Additionally, the User agrees not to:

  1. contact any person who has asked not to be contacted;

  2. stalk or harass any party that are involved with Showroom.car;

  3. collect any personal information from the sites for commercial or unlawful purposes;

  4. copy or reproduce any content provided by the website.

  5. post irrelevant repeated content or otherwise impose an unreasonable large load on the Site’s infrastructure.

  6. attempt to gain unauthorized access to Showroom.car computer systems, server and related database or engage in any activity that disrupts or diminishes the quality, interferes with the performance, or impairs the functionality of the Service or the Sites.

Showroom.car has the right to remove any listing that are considered a violation to the above content, at its sole discretion.

Users are solely responsible for the accuracy of the information provided on the Sites.

Account

In order to access the Site, User is required to provide current and accurate information about them (‘User Information’) as part of the account registration process and/or continued usage of the Site offered by Showroom.car and its subsidiaries or affiliated companies. ‘User Information’ referred to hereinabove also includes but, not limited to any information provided by the User to Showroom.car or to other Users.

The User’s Information, User’s account and User ID may not be transferred or sold to another party.

The User is responsible for maintaining the confidentiality of the User’s account and password and for restricting access to all the User’s technology devices, which includes but is not limited to computers, mobile devices and/or any other device a substantial purpose of which is facilitating telephonic communication, but which also incorporates functionality that allows viewing of the Sites and its contents. The User agrees to accept responsibility for all activities that occur under the User’s account or password.

Showroom.car reserves the right to refuse service, terminate accounts, remove or edit any contents, and/or cancel orders in Showroom.car’s website at its sole discretion.

Use of Site Content

Showroom.car grants the User limited license to access and make use of the Sites’ content (‘Sites Content’) and not to download (other than page caching) or modify it, or any portion of it, except with the prior written consent of Showroom.car.

This license does not include:

  1. any collection and use of any product listings, descriptions, or prices; or

  2. any derivative use of the sites or the Site Contents; or

  3. any downloading or copying of account information for the benefit of another merchant; or

  4. any use of data mining or similar data gathering and extraction tools.

Other than the purposes for the Service, the Sites or any portion of the Site Content of Showroom.car sites are not allowed to be reproduced, duplicated, copied, sold, resold, or otherwise exploited for commercial purpose without the written consent of Showroom.car.

The User may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page, layout or form) of the Sites without the written consent of Showroom.car.

The Users may not make use of any Meta tags or other ‘hidden text’ using the Site’s name or trademarks without the written consent of Showroom.car.

Any unauthorized usage of the content on the Site or sub-site terminates the permission or license granted by Showroom.car immediately.

The User may not use any of Showroom.car logo or other proprietary graphic or trademark forming part of the Sites without the written consent of Showroom.car.

Restrictions of content and use of software services

  1. When the User provide the Sites and/or Showroom.car content, the User grants Showroom.car a non-exclusive, worldwide, irrevocable, royalty-free, sub licensable (through multiple tiers) rights to exercise the copyright, trademark, publicity, and database rights the User has in the content, in any media knowns now or in the future.

  2. The User represents and warrants that the User owns and/or controls all of the rights to the content posted by the User; of that content is accurate; the usage of the content supplied by the user does not violate this Agreement and will not cause any injury to any person or entity; and the User will fully indemnify and hold Showroom.car harmless against all claims, liabilities, damage, proceedings, costs and expenses resulting from, arising out of or related to the content the User supplies.

  3. Showroom.car has the right but not obligated to monitor any content or activity and to remove or edit any information provided by User.

  4. Showroom.car is not responsible and assumes no liability for any content posted/provided by the User or any third party.

  5. Any software (‘Software’) used in and for the Site, including but not limited to HTML code, and/or mobile application (including but not limited to iOS and Android app), that is made available to download, is owned by Showroom.car and/or it suppliers.

  6. User notes and acknowledges that the use of the Software is governed by the terms and condition of the agreement upon which User must agree before using the software.

  7. The User may not do any of the following while accessing or using the Services:

    • access, adjust, or use any non-public parts of the Services, Showroom.car computer systems, or technical delivery systems of Showroom.car providers;

    • tamper, scan, or test the vulnerability of any system or network nor breach any security or authentication measures;

    • use any automated process of any kind to query, access, retrieve, copy or data-mine any material belonging to Showroom.car;

    • compile any document, index or database from materials published by Showroom.car to forge any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or

    • interfere, disrupt, (or attempt to do so), the access of any user, host or network, including but not limited to sending virus(s), overloading, spamming, or by scripting the creation of contents in such a manner as to obstruct with or create a burden to the Service.

Termination and suspension

Showroom.car reserves the right to immediately suspend or terminate its services to the User without prior warning and/or notice for violation or breaching of any terms and conditions stated in this Agreement.

No warranty

The Sites and the Services are provided ‘as is’ and as when available, without any warranty of any kind whether express or implied including but not limited to warranties of merchantability, fitness for purpose, title or non-infringement.

To the extent permissible by law Showroom.car excludes all implied warranties, conditions or other terms, whether implied by statute or otherwise, includes without limitation any terms as to skill and care or timeliness of performance.

Copyright and trademarks

All contents included on the Sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software are properties of Showroom.car and/or its content suppliers and protected by all applicable copyright laws.

The Sites’ graphics, logos, page headers, button icons, scripts and services name are trademarks, registered trademarks or trade dress of Showroom.car.

All other trademarks not owned by Showroom.car that appear on the Sites are the property of the respective owners, who may or may not be affiliated with, connected to, or sponsored by Showroom.car.

Exclusion of Liabilities

To the full extent allowed by applicable law, in no event shall Showroom.car, its parent company, affiliates, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assignees, be liable under any circumstance for: -

  1. any punitive, incidental or consequential damages and/or losses arising out of, arising/resulting from or related to this Agreement including economic losses (includes without limitation, loss of revenues, profits, contracts, business or anticipated savings); or

  2. other Users’ content, actions or inactions, or vehicles/ goods/ services that the other Users list; or

  3. the quality, safety, suitability or legality of vehicles/ goods/ services advertised, the truth or accuracy of Users’ content or listings, the ability of sellers to sell such vehicles/ goods/ services, the ability of buyers to pay for such vehicles/ goods/ services, or that a buyer or seller will actually complete a transaction; or

  4. any loss of goodwill or reputation; or

  5. any special, indirect or consequential damage arising out of or in connection with this Agreement, including but not limited to actions for breach of contract, actions under the tort of negligence, defamation, copyright infringement, trademark infringement, passing-off, infringement of registered industrial designs, patent infringement, breach of confidence; or

  6. any liability at common law; or

  7. any bugs, viruses, Trojan horses, attack, interference, hacking, or other security intrusion or the likes which may be transmitted to or through the Sites or by any third party.

Showroom.car is not involved in the actual transaction between buyers and sellers. Showroom.car does not transfer legal ownership of vehicles/ goods/ services from the seller to the buyer, and nothing in this Agreement shall modify the local jurisdiction, under which legal ownership of an item is transferred when the parties (i.e. seller and buyer) intend to transfer such legal ownership.

Showroom.car does not guarantee continuous, uninterrupted or secure access to the Services. Some operation on the Sites may face interference due to outside factors that are not within Showroom.car’s control.

To be clear, Showroom.car is not liable and shall not be liable for any acts or omission of other providers includes but not limited to telecommunication services or for faults in or failure of their networks and equipment.

Returns and Refunds Policy

Showroom.car will not be liable for any refunds or returns. User under such circumstances will be charged for any purchase made on packages, credits and/or services offered on Showroom.car.

Indemnity

The User at all times agrees and undertakes to fully indemnify, hold harmless and defend Showroom.car, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assignees from any actions, claims, demands, proceedings, costs, liabilities and expenses (includes but not limited to legal fees and disbursements) sustained, incurred or paid by Showroom.car directly or indirectly, due to, arising out of, resulting from or in relation to the User’s breach of this Agreement (including documents incorporated by reference), or arising out of the User’s violation of any law or the rights of a third party.

Governing Laws

This Agreement shall be governed by and construed in accordance to the respective applicable laws, and shall be subject to the non-exclusive jurisdiction of the respected courts.

Please note that Showroom.car reserves the right to update, modify or otherwise alter the content of this terms and condition at any time without prior notice. Users hereby agree to comply to the terms and condition set by Showroom.car.