This website is operated by A House Of Cars. Throughout the site, the terms "we", "us" and "our" "Company" refer to A House Of Cars. A House Of Cars offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. These terms also apply to any mobile service and software provided in connection with the website and its services.
By visiting our site and/ or using something from us, you engage in our “Service” and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Included is submitting bids in our “auction service” for the purchase of vehicles posted by our website as a “Buyer” and submitting information and all other related information with the listing of a vehicle for sale on our website as a "Seller."
Any new features or tools which are added to the website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - AGREEMENT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. Any access or use of the service by anyone under the age of 13 is strictly prohibited and forbidden.
You may not use our service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time at our sole discretion.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – USE OF OUR SERVICE
By using our service you are forming a binding contract with Company. You must read and agree to the terms before using the Service. Any access or use of Service by anyone under the age of 13 is in violation of these Terms and is strictly prohibited. You may only use our Service if your local ,state, or national laws accept the use of Service.
b. A House Of Cars' Service
A House Of Cars is a vehicle listing auction website. We connect the buyer and the seller. We are not an automobile dealer or broker of any sort. We do not buy, exchange or sell any listed vehicles. We do not possess any title or registration for any of the vehicles listed on our website. We do not negotiate the sales of any vehicles listed. We do not offer any warranties, financing, service contracts, insurance of any kind, vehicle registration or titling, vehicle transfer escrow services or any other ancillary products and services. We are not a party of any vehicle contract.
A House Of Cars is not a party to any vehicle sale contract between Buyers and Sellers. We have no liability for interactions or disputes between Users of our website. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Company shall have no liability for your interactions with other Users, or for any User’s action or inaction.
Subject to these Terms, you are hereby granted a non-exclusive, non-transferable, limited and freely revocable license to use the Service as permitted by the features of the Service. We reserve all rights not expressly granted herein in the Service. We may terminate this license at any time for any reason or for no reason without notice.
Your Company account also known as User account gives you access to Service. We may maintain or change Service from time to time at our discretion. You may open a User account on behalf of a company or other entity. This account includes “you” and the entity and you warrant that you are authorized to do so for this entity, that you are an authorized representative and you have the authority to bind the entity to the Terms. You agree to the Terms on the entity’s behalf.
It is prohibited to use another account without permission. All information when creating your account must be complete, accurate and up to date. You are solely responsible for activity on your account. Company will not be liable for any losses cause by unauthorized use.
By providing your email you consent to us using your email address to send you any Service related notices, updates. We may also email you to send you other messages.
2. User and Seller Content
We do not own or claim ownership of any user or seller generated content. This includes any and all material provided to us. You grant Company and its affiliates irrevocable, royalty-fee, perpetual, worldwide, sub licensable and transferable license to use any Seller content as we wish in our sole discretion. This includes personal information of the Seller. We are also not responsible for any loss occurred for using Seller content.
By submitting Seller Content, you represent that you control or have permission of the content and accept these Terms. Company may ask for documentation of permission or control. You are solely responsible for the Seller Content. Company and its employees and affiliates are not liable for any content submitted and are not liable for any damages that might occur from the content.
Company retains the right to refuse or revise any Seller Content for any reason or no reason at our sole discretion.
Company does not guarantee accuracy of any Seller Content or endorse opinions expressed by any User.
3. Our Proprietary Rights
EXCEPT FOR SELLER CONTENT, we own the right to all materials and the Service including logos and trademarks. Any use of Service or its content is strictly prohibited. These include our logos and all images. All Intellectual Property Rights related are exclusive property of Company and its licensors except where noted. Any unauthorized use of Company content or its affiliates is prohibited.
4. Auction and
In our auction SERVICE, the buyer acknowledges that each bid is a binding contract to pay the applicable Buyer’s Fee. The buyer is responsible for all taxes and any fee applicable to the purchase of the vehicle. Service is not responsible and bears no risk of any aspect with the purchase of any vehicle in our Service. Service is not a party in the contract of any vehicle listed. The Seller is not responsible for shipping fees.
Payment for the vehicle is done between the Buyer and the Seller. Service is not part of any party in the contract of sale.
We are not liable for any information posted in an auction listing.
For the Seller, you agree that we may terminate your account or listing for any reason at our sole discretion. We are not liable for any loss or fees associated with the termination or changes to the listing.
During the time the listing is active, the seller acknowledges and agrees that they may not list, post or make available the vehicle to any other entity or listing service.
b. Service to User Payment
In certain circumstances we may choose to pay any User any amount. We may choose to pay Seller an amount at our sole discretion to make up the difference between the Reserve and the highest bid. Seller agrees to return the payment if the vehicle is not sold to the highest bidder within 30 days.
We may also choose to pay any User an amount as a payment.
Any form of payment by us to any User is an independent transaction and does not in any way make A House Of Cars a party in the sale of any vehicle.
5. Payment Terms
a. Some aspects of our Service require fees to be to us. Some of these fees are buyer’s fees. If you wish to use the paid aspects of our Service, you agree to the payments terms and the pricing, we may update these prices and terms. We may also add new paid services, add additional fees or amend fees at our discretion. These fees do not include any tax, government, registration, titling, inspection, MOT, emission or any processing fee or any other fee required by law in the final sale price of any particular vehicle. All amounts on the website are listed in U.S dollars.
b. Refunds. There shall be no refunds of any kind. If you wish you may cancel your account but there are no refunds of any kind. We may also suspend or cancel your account without any refund or compensation of any sort. This No Refund policy includes monetary, any content and any data of any sort associated with your account.
c. Payment Information
All payments made by you to our website will be made through Stripe, Inc., A House Of Cars’ third party payment processing service. Stripe’s terms of service can be found at https://stripe.com/en-ca . All information you provide for any transaction must be accurate, current and complete. You agree to pay all fees and charges in connection to these payments. You will also pay any and all taxes relating to these payments.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 6 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 7 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 9 - PERSONAL INFORMATION
SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions or offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 11 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall A House Of Cars, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 13 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless A House Of Cars and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 14 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 16 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 17 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Quebec .
SECTION 18 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 19 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].