Terms

1. GENERAL TERMS Please read these terms and conditions of use including our privacy policy before using our CarTradeGo platforms, referred to as “Services”, as these terms are binding and govern the use of our CarTradeGo website and mobile applications in any and all manners transmitted; by using our auction platform, you implicitly accept these terms of use and our Privacy Policy in full and are bound by them in all platform use and related activities. In the all Terms and Conditions and Privacy Policy, “CarTradeGo” means any and all companies or businesses in the CarTradeGo Group and its licensors, suppliers and service providers, and each or their respective directors, officers, employees, contractors, agents, shareholders, distributors, and representatives, jointly and severally. CarTradeGo has its head offices in London, Ontario. Our Services, User Agreement and Privacy Policy and all related matters are governed by, and will be construed and interpreted solely in accordance with, the laws of the Province of Ontario, Canada and the applicable federal laws of Canada, excluding any rules of private international law or the conflict laws that would lead to the application of laws of any other jurisdiction. CartradeGo may change, modify or amend its policies or terms and conditions of use in any way or at any time with immediate effect from time to time. Notice of said changes will be made by posting to our website platform as notice of such change. Continued access, visitation and /or use of the Service, will constitute your agreement to this User Agreement and Privacy Policies. If you do not agree to the User Agreement Terms and the Privacy Policy you may not access, visit and/or use the Service. CarTradeGo acts only as a facilitating intermediary between buyers and sellers of vehicles who transact independently to list, purchase and sell their vehicles. CarTradeGo is never to be considered to be either the buyer or seller of any vehicle and all agreements, bills of sale, contracts or disagreements are expressly between the buyer and seller. The terms and conditions set out hereto shall override any and all contracts entered into by buyers or sellers using our auction platform. 2. LICENSE AND ACCEPTABLE USE AUCTION PLATFORMS AND WEBSITE Unless otherwise stated, CarTradeGo or our licensors own all of its intellectual property rights related to all websites, auction platforms, functionality and content including but not limited to: all text content, graphics, creative, illustrations, service marks, trade names brand identifiers, designs, plans, software, code, algorithms, data, statistics, analysis, formulas, indexes, registries podcasts, games, images, logo, photographs, videos, sound and all other content, information, and materials, (collectively, “Content”) available on or through the Service, whether posted, uploaded, transmitted, sent or otherwise made available to us, our licensors, vendors and/or service providers.. Users are expressly prohibited to republish, reproduce, copy or regenerate or create derivatives from any material garnered from the website or platform for commercial or other purposes including use of any and all graphic, analytical or written data acquired through use of our platform without prior written consent from CarTradeGo. Users are also prohibited from using our Service or Content in any way that is considered fraudulent, unlawful, illegal or harmful in any way. Users may not engage in any data collection activity related to any and all data on our platform including data extraction, mining, harvesting or aggregation without written consent of CarTradeGo. CarTradeGo limits the use of our rights, trademarks, logos and all Service Content for use in all commercial marketing of users without written consent. If you breach, violate, fail to follow, or act inconsistently with the rules, restrictions, limitations, terms and/or conditions that apply to the Service, whether listed in this User Agreement and Privacy Policy, posted at various points in the Service, or otherwise communicated to users of the Service (collectively, the "Agreement"), we may terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, with or without notice, in addition to our other remedies. In addition, we may curtail, restrict, or refuse to provide you with any future access, visitation, and/or use of the Service. We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate, with or without notice, to prevent violations and enforce the Agreement and remediate any purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the Agreement. As an approved user you confirm that you are located in Canada, are of the age of majority (which in most jurisdictions is either 18 or 19 years old) and are in a jurisdiction in which they live which renders you capable of forming a binding contract under the applicable laws. You will use a User ID and unique password to access our Service. It is the sole responsibility of the user to keep confidential these Service access tools. Any unauthorized use of these Service tools to access or transact business on our platforms will be considered transactions of the user, without limitation, and you may be held liable for any losses incurred arising from a failure of maintaining such confidentiality. For your convenience, our platforms may provide links or references to other third party internet sites or resources operated by other independent (collectively “Hyper Links”) Hyper links are independent form CarTradeGo and CarTradeGo does not endorse, have liability or responsibility nor control over and Hyper Link sties, products, services or content available through a Hyper Linked site. You use any linked sites at your own risk and acknowledge you are fully responsible for adherence to their respective terms and conditions of use and privacy policies. CarTradeGo is not responsible for any dealings you may have with these sites with application of the Disclaimer noted below. The information on vehicles provided via our Services is supplied by the seller or other third parties; CarTradeGo is not responsible for the accuracy of such information. CarTradeGo provides this service and materials without conditions, representations or warranties of any kind, either expressed or implied. CarTradeGo is not a party to any transaction between vehicle buyers and sellers that originates from information found on our platforms. Prices do not include additional fees such as government fees and taxes, title and registration fees, licensing and plate fees, finance charges, dealer document preparation fees, and emission testing. 3. DISCLAIMERS AND LIABILITY EXCLSUIONS To the fullest extent permitted by law, our Services are made available to you on an “as is” or “as available” basis and may contain “faults” and without any representations, warranties, conditions or guarantees of any nature or kind whatsoever, whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or course of performance, including any representations, warranties, conditions of guarantees of or relating to accuracy, capacity, completeness, delays, durability, errors, fitness of use, lack of negligence, viruses or other harmful component, interrupted efforts, all of which are hereby waived by you and disclaimed by CarTradeGo to the fullest extent. If you are dissatisfied with the Service, your sole remedy is to discontinue the use of our services. To the fullest permitted by applicable law, in no event and under no circumstance will CarTradeGo be liable to you or to any other related person for any loss, damage or liability (including direct, indirect, special, incidental, consequential and punitive damages) arising from, connected with or relating to your use, or inability to use, the Services or any related matter, under any theory (including contract, tort, strict liability, statutory liability or any other theory of law) regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by or on behalf of CarTradeGo, even if other remedies are not available or do not adequately compensate you or any other person for the loss, damage and liability and eve if CarTradeGo knew or should have known of the possibility of the potential loss, damage or liability being incurred. 3. NO TRANSACTION FEES CarTradeGo does not charge any fees to individual consumer/non-dealer users for listing their personally owned vehicles on our online auction platforms or for the receipt of a guaranteed purchase offer. Nor does CarTradeGo charge consumers and non-dealers for any services related to assisting consumer/non-dealers in the purchase of their new vehicle. CarTradeGo provides consumers/non-dealers access to our vast network of registered car dealers who will bid to purchase your new car our provide offers to sell you your next vehicle free of charge. CarTradeGo also offers any dealers to facilitate “courtesy trade-ins” of valid CarTradeGo consumer conditional purchaser offers for a fee of $150.00 per transaction. As detailed in the definition of “Courtesy Trade-ins”, any dealer presented with a valid CarTradeGo consumer generated conditional offer, can accept that vehicle as a valid trade-in and act as intermediary between the consumer and the third-party CarTradeGo registered purchasing dealer; hence, becoming a “Trade-in Facillitator” Courtesy trade-ins occur when a dealer, looking to sell an individual consumer a new or used vehicle, but is not interested in buying the individual’s trade-in vehicle. Our service provides the dealer the option to close the deal without actually having to purchase the vehicle from the individual. The Dealer merely acts as intermediary accepting the “Courtesy trade-in” against their vehicle sale. Dealers accepting the CarTradeGo Courtesy trade-ins are required to register with CarTradeGo, pay the “Trade-in Facilitator” transaction fee and facilitate the transfer of the vehicle with the original CarTradeGo successful vehicle auction bidder/buyer. This service allows for the Dealer to complete consumer sales without having to take a trade. Once registered with CarTradeGo, the dealer will be prompted on the CarTradeGo Courtesy trade-in process. Failure to complete Transactions: Once a seller agrees to “sell” their vehicle and accepts the CarTradeGo guaranteed purchase offer with its underlying purchase agreement terms and conditions, they have entered into an exclusive legally binding contract with the registered CarTradeGo Buyer and not CarTradeGo. CarTradeGo, acts only as an intermediary facilitating Sellers and Buyers online transactions. Once sold, the Seller’s vehicle must be made available to the Buyer for delivery/pick-up to the buyer no more than 7 business days after acceptance of the guaranteed purchase offer. Failure to do so may result in legal recourse from the Buyer. Upon receipt of Seller’s acceptance confirmation to the purchase offer, the registered CarTradeGo Buyer will have entered into an exclusive legally binding contract with the CarTradeGo Seller and not CarTradeGo. CarTradeGo, acts only as an intermediary facilitating Sellers and Buyers online transactions. Accordingly, the Buyer agrees to pay the Seller the contract purchase price in full in certified funds to the seller, subject to the terms and conditions of the purchase offer, and arrange pick up the vehicle from the Seller within 7 business days of the Seller’s offer acceptance date. Failure to do so may result in legal recourse from the Seller. In no way, will CarTradeGo be deemed legally responsible for any contractual non-performance by either the Seller or Buyer. 4. ASSIGNMENT We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use. 5. ENTIRE AGREEMENT These terms of use, together with our privacy and cookie policy, constitute the entire agreement between you and CarTradeGo in relation to your use of our website, and supersedes all previous agreements in respect of your use of this website.