YouSellCars Terms and Conditions

POLICY SUMMARY

App and Website entry is conditional to the following Terms and Conditions

When uploading onto the app/mobile application and when entering the Website or utilizing, you will be considered to have accepted all the terms and conditions that apply to its utilization, information disclosed on the website and the offerings and services extended by it. Please ensure to read through these terms and conditions prior to use of this application and Website. If you disagree or objection to these terms and conditions, please stop using the website and App immediately.

We reserve the right to change and/or edit these terms and conditions at any given time and it is your responsibility to observe if any changes have occurred. Personal use of the website or App after amendments are posted on-line will serve as acceptance of the amendments, accordingly, based on the changes to the terms and conditions.

Regarding these Terms and Conditions

"we/us/our" means Ray Thompson (for Canada) and Gareth McNeil (for the United Kingdom).

"website" refers to this website including all offerings and services and the mobile application/app.

"you"/"your" is the responsible person and/or user of the App and website, including users who are registered with YouSellCars.


App and Website Entry

Entry to the App and Website is officially on a temporary base and we hold the right to retract or amend the offering provided on the website without any prior notice. In certain circumstances, we may withdraw access to certain parts of the website or even the entire website, to you as the user. We will not be held liable for any reason, if our website is offline during any time and/or period or if the App is down.

Content

The website and App content and its information contained within may include technical inaccuracies as well as typing/verbal errors. We deny all liability for any illegality or loss or damage sustained due to such inaccuracies and typing/verbal errors.

 

The body of information disclosed on the website may be changed, amended or even updated at certain times as well as be outdated at times. We will not be held accountable to any previous and/or outdated representations, terms and conditions and/or other information changed on the website. We do not accept responsibility for updating the information and/or content on the website current, and we do not accept any liability for any fault of not doing so.

The information shown on the website is for informational purposes and is not to be understood as advice. You should not at any time, depend and/or us any information or content as part of a decision-making process or final decision.

Across the website, advertorial content and information is shown and entered by private and trade users, as well as third parties. We deny all liability for any illegality based on error, lack of admission/inaccuracy in such information and/or content.

We do not supply warranties, conditions, guarantees and/or representations, expressed or implied, as to the following:

The completeness and/or accuracy of information or any advice that may be contained on the website or any website which it may be linked too.  The details of the advertisements for the vehicles appearing on the website, including the ownership, quality, legitimacy of any photographs and all compliances for any vehicles.  The results of any vehicle search processed on the website or vehicles revealed by a search on the App are the only vehicles listed on our database, which may meet the requirements of your search.

 

Contractual Issues

We will not be held to any accusations from you and/or the user that a contract or legally binding arrangement has been agreed between you and us, stemming from communications addressed to us via the website. We hold the right to insist on written contracts when we find appropriate based on our own discretion. Any information shown on the website may not be regarded by you and/or the user as an offer capable of acceptance therefore allowing a legally binding contract.

Liability

 

The displayed content and material shown on the website is offered without any guarantees, conditions or warranties as to its legitimacy. As permitted by law, we (YouSellCars), our employees, agents/dealers, representatives, and third parties connected to us exclude:

  1. All conditions, warranties and other terms which may otherwise be demanded by statute;
  2. Liability for any direct and/or indirect or consequential losses and/or damages incurred by you/the user in connection with:
  1. Failure to fulfil any obligations in terms hereof
  2. Website or resulting from the use, the ability to not use, the website or App
  3. Search results shown from the website or App
  4. Websites linked to our Website regardless of any material posted on it.

We exclude any representations and warranties related to the access and use of our website, regardless as to whether they are statutory or not.

We will carry out maintenance and servicing to our servers and equipment when required. While our objective will remain to keep disruption to a minimum, we will not guarantee that the website and App will be seamlessly available online.

No guarantee is promised that the website is free of viruses and/or any other forms of malicious or malware computer programs. Responsibility falls on the user to ensure the correct anti-virus software’s and checks have been carried out.

We will not be held liable for failure to perform any obligations under these terms and conditions caused by happenings outside of our control.

Content is published on our website during certain time periods, containing marketing material, expansive research findings, surveys, statistical data and various other information on our product and industry.


Intellectual Property (IP)

All intellectual property including our trade marks, names and logos, embodied in the website information or App, are our proprietary marks. Marks identifying third parties are owned or licensed by those third parties and/or their associated companies.

All rights, including copyright, in the information show on the website and the taken photographs of any vehicles advertised on the website during certain time periods and all rights in our database of vehicles, are owned and/or controlled by us.

You may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or extract, by way of “scraping” or re-utilise any of the contents of the website or authorise any person, or procure any other person to do so. You may not cache any of the contents for access by third parties or even mirror or frame any of the information of the website nor incorporate it into another website or authorise or procure any other person to do so, without our written permission.

Any intellectual property disclosed in the information provided by an advertiser and utilised on the Website is hereby assigned to us only.

 

Links to Other Websites

 

Our Website contains hypertext links to other independent websites not controlled by us. We are not responsible for their content or doings. Our inclusion in the App or in the Website of hypertext links to such websites does not exhibit any endorsement of the material and/or information contained on the websites or of the owners.

 

Links to the Website

You can establish a hypertext link to the home page of the website.

Registration Details

To gain access to services on our website or App you will be required to complete the registration process (free of charge). Part of the registration process supplies you with a username and password. You will need to agree that the information supplied with your registration process is accurate and in full detail.

Additionally, you agree that you will not register in the name or clone of any other individual, company or organisation and that you will not adopt any username which we deem to be offensive. All information supplied by you during the registration process will be protected and used in alignment with the terms of our Privacy Policy.

Security

We reserve the right to implement criminal proceedings against you, should you have attempted to maliciously utilise the website or App by gaining unauthorised access to any page and/or area on the website or by executing or attempting to execute any unauthorised or malicious code to the website.

General

We reserve the right to assign or subcontract any and all our rights and obligations under these terms and conditions to a third party.

You are not allowed, without our written consent, to assign or dispose of any rights or obligations surfacing under these terms and conditions. We are entitled to revise these terms and conditions at any time by amending this page. You are expected to check this page routinely and pay attention to any changes made by us, as they are binding on you. Some allocations contained in these terms and conditions could also be superseded and/or amended by provisions or notices published on the Website.

If any of the provisions of the terms and conditions shall be held to be invalid or unenforceable, it will not affect the enforceability of any of the remaining provisions mentioned.

These terms and conditions together with our privacy policy contain the entire agreement and understanding between you and us (YouSellCars) relating to the website, its content and supersede any and all prior existing agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either your or us.

The laws of South Africa will apply in regard of any legal issue or litigation arising directly or indirectly from the terms and conditions, the use or inability to use the website and/or information shown on the Website.

Communication/Data

By using the website (directly or indirectly and without necessarily registering thereon as provided for in paragraph 8 above) and providing us with your details you agree to us and/or our authorized dealers and/or agents:

  1. Using your information for communication purposes regarding matters which we believe might be of interest and/or relevant to you.
  2. Keeping your information in our database for future reference and matters of interest.
  3. Using your information for statistical and data purposes.EC Act DisclosuresAccess to the website is deemed a form of “electronic transaction” by terms of the Electronic Communications and Transactions Act 25 of 2002 (ECT Act) and you are entitled to the below-mentioned disclosures in terms of Chapter 7 of the ECT Act:
    • Our full name and legal status: Ray Thompson (for Canada) and Gareth McNeil (for the United Kingdom).
    • Street address: Ottawa  (for Canada) and London (for the United Kingdom).
    • Postal address: Ottawa  (for Canada) and London (for the United Kingdom).
    • Physical address for receipt of legal service: Ottawa  (for Canada) and London (for the United Kingdom).
    • Main Business: New and used car sales marketplace.
    • Website address: http://www.yousellcars.com
    • Official email address: info@yousellcars.ca  (for Canada) and Gareth@macmacservices.co.uk (for the United Kingdom). 
    • Governing terms of use: These terms including our Privacy Policy
    • Manual in terms of the Promotion of Access to Information Act 2 of 2000: See Website
    • Management: The executive committee of Rayvent Enterprises (Pty) Ltd t/a YouSellCars as determined from time to time 
    • Costs associated with the access to and use of the service: No cost associated with accessing the service
    • Dispute resolution: No specific dispute resolution process
    • Complaints process: If you have any complaints or would like more information please email raymond@chatfind.com 

 

YouSellCars and Chat Find Limited – Terms and Conditions and Privacy Policy

YouSellCars operates their mobile app software and consequential website through a licence agreement with Chat Find Limited.  You are therefore obliged to accept all Chat Find Limited attached Terms and Conditions and Privacy Policy.

Privacy Policy of Chat Find

This Application collects some Personal Data from its Users.

Policy summary

Personal Data collected for the following purposes and using the following services:

    • Access to third party services' accounts
      • Access to the Facebook account
        Permissions: About Me; Chat; Contact email; Current City; Email; List of Friends
    •  
    • Analytics
      • Google Analytics
        Personal Data: Cookies; Usage Data
    •  
    • Contacting the User
      • Mailing List or Newsletter and Contact form
        Personal Data: email address; first name; last name
      • Phone contact
        Personal Data: phone number
    •  
    • Displaying content from external platforms
      • Google Maps widget
        Personal Data: Cookies; Usage Data
    •  
    • Hosting and backend infrastructure
      • Amazon Web Services (AWS) and Microsoft Azure
        Personal Data: various types of Data as specified in the privacy policy of the service
    •  
    • Infrastructure monitoring
      • Crashlytics
        Personal Data: geographic position; unique device identifiers for advertising (Google Advertiser ID or IDFA, for example); various types of Data as specified in the privacy policy of the service
    •  
    • Location-based interactions
      • Geolocation and Non-continuous geolocation
        Personal Data: geographic position
    •  
    • Registration and authentication
      • Facebook Authentication
        Personal Data: various types of Data as specified in the privacy policy of the service
      • Direct registration
        Personal Data: email address; first name; last name
    •  
    • Social features
      • Inviting and suggesting friends
        Personal Data: Various types of Data
      • Public profile
        Personal Data: address; city; company name; country; email address; first name; geographic position; last name; picture
    •  

Further information about Personal Data

    • Prohibited Uses
      You may use Chat Find only for lawful purposes. You may not use Chat Find:

      In any way that breaches any applicable local, national or international law or regulation.
      In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
      To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
      To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar request (commonly known as ‘spam’).
      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 computer code designed to adversely affect the operation of any computer software or hardware.

    • Content Standard
      You will not post photos or other content that are discriminatory, violent,nude, partially nude, unlawful, pornographic, sexually related, infringing or hateful via the Service.

    • Basic Terms
      As a user when you access or use Chat Find you, you agree to be held accountable by these “Terms of Use.”

      The Terms of Use policy will impact your legal rights and obligations. Do not access or use Viral Vote if you do not wish to adhere to Chat Find’s Terms of Use.

      1. Not for the use of individuals under the age of 13 years old.

      2. There is to be no creation or submissions of unwanted comments, likes, emails or alternative forms of
      harassing or commercial communications (ie. Spam) to any Chat Find User.

      3. We reserve the rights to decline access to Chat Find from anyone at any time for any reason.

      4. We reserve the right, in our sole discretion, to change this Privacy Policy ("Updated Policy") from time
      to time. Unless we make a change for legal or administrative reasons, we will provide reasonable
      advance notice before the Updated Terms become effective. You agree that we may notify you of the
      Updated Terms by posting them on the Service, and that your use of the Service after the effective
      date of the Updated Terms (or engaging in such other conduct as we may reasonably specify)
      constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use
      and any Updated Terms before using the Service. The Updated Terms will be effective as of the time
      of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of
      the Service from that point forward. These Terms of Use will govern any disputes arising before the
      effective date of the Updated Terms.

      5. We reserve the right to force forfeiture of any username for any reason.

      6. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts
      containing Content that we determine in our sole discretion violates this Privacy Policy.

      7. You are solely responsible for your interaction with other users of the Service, whether online or
      offline. You agree that Instagram is not responsible or liable for the conduct of any user. Viral Vote
      reserves the right, but has no obligation, to monitor or become involved in disputes between you and
      other users. Exercise common sense and your best judgment when interacting with others, including
      when you submit or post Content or any personal or other information.

      8. Your correspondence and business dealings with third parties found through the service is solely
      between you and the third party.

      9. You agree that you are responsible for all data charges you incur through use of the Service

      10. Chat Find does not claim ownership of any Content that you post on or through the Service. Instead,
      you hereby grant to Chat Find,it's partners and holding company a non-exclusive, fully paid and
      royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or
      through the Service, subject to the Service's Privacy Policy,

    • User Agreement for PayPal Services - Part 1
      YOU AGREE THAT THIS USER AGREEMENT WILL BE EFFECTIVE AS TO ALL USERS ON JUNE 25, 2016

      This Agreement is a contract between you and PayPal Pte. Ltd., a Singaporean company, and governs your use of all PayPal Services. Using the PayPal Services means that you must accept all of the terms and conditions contained in this Agreement and the agreements on the Legal Agreements page including the Privacy Policy and the Acceptable Use Policy. You should read all of these terms carefully.

      We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If the revised version includes a Substantial Change, we will provide you with 30 Days' prior notice of any Substantial Change by posting a notice on the "Policy Updates" page of our website. All future changes set out in the Policy Update already published on the “Legal Agreements” page of the PayPal website at the time you register for the PayPal Services are incorporated by reference into this Agreement and will take effect as specified in that Policy Update.

      Consumer advisory - The PayPal payment service is regarded as a stored value facility under Singapore law. PayPal Pte. Ltd., the holder of the PayPal stored value facility, does not require the approval of the Monetary Authority of Singapore. Consumers (Users) are advised to read these terms and conditions carefully.

      This is an important document which you must consider carefully when choosing whether to use the PayPal Services. Please note the following risks of using the PayPal Services:

      Payments received in your Account may be reversed at a later time, for example, if a payment is subject to a Chargeback, Reversal, Claim or is otherwise invalidated. This means that a payment may be reversed from your Account after you have provided the sender the goods or services that were purchased.

      If you are a Seller, you can lower the risk of a payment being reversed from your Account by following the criteria set out in the Seller Protection section and by following the other guidance provided in the "Security Center page" accessible via every page of the PayPal website.

      We may close, suspend, or limit your access to your Account or the PayPal Services, and/or limit access to your funds if you violate this Agreement, the PayPal Acceptable Use Policy, or any other agreement you enter into with PayPal.

      You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the PayPal Services, including but not limited to, those related to export or import activity, taxes or foreign currency transactions.

      This Agreement is not a solicitation of the PayPal Services and PayPal is not targeting any country or market through this Agreement.

      1. Payment Services and Eligibility.

      1.1 Payment Services.
      PayPal is a payment services provider and acts as such by creating, hosting, maintaining and providing our PayPal Services to you via the Internet. Our services allow you to send payments to anyone with a PayPal Account, and, where available, to receive payments. Our service availability varies by country. We offer services in compliance with local laws and regulations. Click here to see which services are available in your country of residence.

      PayPal is not a remittance business or a money transfer service and the Personal Payments feature may not be used to remit funds to third parties.

      We do not have any control over, and are not responsible or liable for, the products or services that are paid for with our PayPal Service. We cannot ensure that a buyer or a Seller you are dealing with will actually complete the transaction.

      PayPal is not a common carrier or public utility.

      1.2 Eligibility.
      To be eligible to use the PayPal Services, you must be at least 18 years old or higher based on the age of majority in your jurisdiction, and a resident of one of the countries listed on the PayPal Worldwide page.

      You must list your correct country of residence in your Account. This Agreement applies only to Users who are residents of one of the countries listed in Section 1.1 above. If you are a resident of another country, you may access the agreement that applies to you from our website in your country.

      1.3 Information.
      In order to open and maintain an Account, you must provide us with correct and updated Information.
      Your contact information. It is your responsibility to keep your primary email address up to date so that PayPal can communicate with you electronically. You understand and agree that if PayPal sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, PayPal will be deemed to have provided the Communication to you effectively. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add PayPal to your email address book so that you will be able to view the Communications we send to you.

      You can update your primary email address or street address at any time by logging into the PayPal website. If your email address becomes invalid such that electronic Communications sent to you by PayPal are returned, PayPal may deem your Account to be inactive, and you will not be able to transact any activity using your PayPal Account until we receive a valid, working primary email address from you.
      Identity Verification. You authorize PayPal, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information or documentation, requiring you to provide a taxpayer or national identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report or verifying your Information against third party databases or through other sources.
      Credit Report Authorization. If you open a Business Account, you are providing PayPal with your written instructions and authorization in accordance with any applicable law to obtain your personal and/or business credit report from a credit bureau. You are also authorizing PayPal to obtain your personal and/or business credit report: (a) when you request certain new products, or (b) at any time PayPal reasonably believes there may be an increased level of risk associated with your Business Account.
      Updates to Information. If your credit card number or expiration date changes, we may acquire that information from our financial services partner and update your Account.

      1.4 Beneficial Owner.
      You must be the beneficial owner of the Account, and conduct business only on behalf of yourself.


      2. Sending Payments.

      2.1 Sending Limits.
      We may, at our discretion, impose limits on the amount of payments you can send through the PayPal Services. You can view your sending limit, if any, by logging into your Account. If you have a Verified Account, we may increase your sending limits.

      2.2 Default Payment Methods.
      When you make a payment, if you have not selected a Preferred Payment Method, PayPal will fund your transaction in this order (subject to availability based on your Payment Methods and country of registration):

      Balance
      Instant Transfer from your bank account
      Debit card
      Credit card
      eCheck
      Note: If you do not want to use your balance, you must withdraw it before making a payment.

      2.3 Cards as Payment Methods.
      By adding a debit card or credit card as a Payment Method, you are providing PayPal with continuous authority to automatically charge that card to obtain the relevant funds when the card is used as a Payment Method pursuant to this Agreement. You can stop the continuous authority in respect of any card by removing that card as a Payment Method in your Account Profile.

      2.4 Preferred Payment Method.
      You may select a Preferred Payment Method each time you make a payment, except for a Preapproved Payment or a No Log-In Payment.

      For a Preapproved Payment and, in most instances, a No Log-In Payment, you can select a Preferred Payment Method when you provide your initial authorization for this payment and through the My Preapproved Payments section of your Account Profile.

      If you select a Preferred Payment Method but have available balance in your Account, your balance will be used to fund your payment. If eCheck is your Preferred Payment Method, it will be used to fund your PayPal payment, even if you have a balance. PayPal may limit the Payment Methods available for a transaction.

      2.5 Refused and Refunded Payments.
      When you send a payment, the recipient is not required to accept it. Any unclaimed, refunded or denied payment will be returned to your balance or to your original Payment Method. We will return any unclaimed payment to you within 30 Days of the date you initiated the payment.

      2.6 Merchant Processing Delay.
      When you send a payment to certain Merchants, you are providing an Authorization to the Merchant to process your payment and complete the transaction. The payment will be held as pending until the Merchant processes your payment. Some Merchants may delay processing your payment. In such an instance, your Authorization will remain valid for up to 30 Days. If your payment requires a currency conversion, the exchange rate will be determined at the time the Merchant processes your payment and completes the transaction.

      2.7 Preapproved Payments.
      A Preapproved Payment is a payment in which you Authorize a Merchant to directly charge your Account on a one-time, regular, or sporadic basis. Preapproved Payments are sometimes called "subscriptions", "recurring payments”, “preauthorized transfers” or "automatic payments". Within two (2) Business Days of any Preapproved Payment made from your Account, you will receive a confirmation of this transaction by email.

      Notice for Certain Preapproved Payments. If a Preapproved Payment will vary in amount and is made using an Instant Transfer, eCheck, debit card Payment Method or your PayPal balance, you have the right to advance notice of the amount and date of the transfer from the Merchant at least 10 Days before the transfer is made. If the Merchant provides the option, you may choose to receive this advance notice only when the amount of your Preapproved Payment will fall outside a range established between you and the Merchant. This notice is designed to protect you from having insufficient funds in your bank account to cover the Preapproved Payment.

      2.8 Stopping a Preapproved Payment.
      You may stop a Preapproved Payment at any time up to 3 Business Days prior to the date the next payment is scheduled to be made by notifying PayPal. To stop a Preapproved Payment, access the "My Preapproved Payments" section of your Account Profile and follow the links to stop the payment. You may also stop a Preapproved Payment by calling PayPal at 1-402-935-2050 (in the U.S.). Once you contact PayPal to stop a Preapproved Payment, all future payments under your agreement with the Merchant will be stopped. If you stop a Preapproved Payment you may still be liable to the Merchant for the payment or for other penalties under the terms of your agreement with the Merchant and you may be required to pay the Merchant through alternative means. We will be liable for your losses or damages directly caused by our failure to stop any Preapproved Payment if you have followed the instructions in this section to notify us.


      3. Eligibility for Use.

      3.1 Ability to Receive Payments.
      The ability to receive payments varies by country. To determine whether you have the ability to receive payments, click here.

      3.2 Automatic Transfer Countries.
      If you are a resident of an Automatic Transfer Country, then you have the ability to receive payments but you must withdraw the full amount of your payment through an available withdrawal method. If you do not do so, the amount