Car Chaser Export is a platform that connects car buyers and sellers, allowing individuals to purchase cars, including via bidding and auction (Services). This document sets out the Terms of Use of the Platform. Any person who wishes to use this platform (buying a Car) or participate in a bid/auction for cars must approve and comply with these Terms and Conditions.
Please read these Terms of Use carefully. By using, browsing and/or accessing the Platform, this signifies that you have read, understood and agree to be bound by the Terms of Use. If you do not agree with the Terms of Use, you must cease using the Platform or any of the Services immediately. These terms, including any document incorporated by reference herein, including, but not limited to the Privacy Policy (collectively, the “Terms”) apply to any User who uses any one or more of the Services, accesses, refers to, views and/or downloads any information or material made available on the Website for whatever purpose (hereinafter referred to as “User”, “you” or “your”).
Any changes to the Terms will be retrospective and effective as and when they are live. In agreeing to these terms, you also agree to be bound by the Privacy Policy, any applicable terms and conditions applicable within the Federal Republic of Nigeria and the Republic of Ghana.
4.1. To access the Platform and use the Services and become a User, you are required to register for an account through the Platform. As part of the registration process and as part of your continued use of the Services, you may be required to complete a Registration Form and to provide personal information about yourself (such as identification or contact details).
4.2. You warrant that any information you give to other Users and us in the course of completing the registration process will always be accurate, correct and up to date.
4.3. If you have completed the Registration Form, provided us with all the necessary information, and we accept
5.1. We will use reasonable efforts to maintain the availability of the Platform; however, we do not guarantee that the Platform will be available at all times. You agree to use the Platform at your own risk and discretion, and you accept and acknowledge that the I.T. infrastructure and software are prone to unforeseen issues which may cause the Platform to be unavailable or data to be lost. You agree that we will not be liable or accountable for any reason for any loss as a result of the unavailability of the Platform and that your only recourse is to cease using the Platform and the Services.
6.1 As a User, you agree to comply as follows: (i) you are above the age of 18 years of age; (ii) you will use the Platform and the Services for the purposes permitted by these Terms of Use; (iii) you will not share your credentials (including your username or password) with another person; (iv) you are responsible to ensure that you have a secure internet connection to access the Platform and that your device is capable of accessing the Platform and using the Services; (v) any information or document that you publish, upload, transmit, post or distribute on the Platform will always be accurate, correct, true and up to date; (vi) you must not access the Platform or use the Services for any illegal, unauthorised or unlawful purpose; (vii) you must make available to us or supply to us any information or documentation, if requested by us, to support to use of the Services including where there is an investigation; and (viii) you must not misuse the Platform, including but not limited to making false bids, and/or attempts to violate security or integrity of the Platform.
7.1. Pre-Authorization Requirement
To participate in any bid or live auction on the Platform, you must authorize a $500 (Canadian Dollars) pre-authorization hold on a valid debit or credit card.
This pre-authorization is not a charge, and funds remain in your account. Car Chaser does not hold or store these funds.
You acknowledge that your financial institution may apply additional fees, including foreign exchange or transaction charges, for which you are solely responsible.
7.2. Use of Pre-Authorization During Bidding
Once authorized, you may participate in auctions on the Platform.
During active bidding, the $500 pre-authorization will remain temporarily on hold and unavailable for use, in accordance with your card issuer’s policies.
Car Chaser does not control hold durations set by your financial institution and is not responsible for any related delays or fees.
7.3 Non-Successful Bidders
If you are not the successful bidder, the $500 pre-authorization hold shall be released by your financial institution. The timing of such release may vary depending on the policies of your bank or card issuer.
7.4. Successful Bidders
If you are the successful bidder, you shall have a period of forty-eight (48) hours to complete payment of the purchase price.
The $500 pre-authorization may be captured (charged) and applied toward the purchase price if you proceed with the transaction within the prescribed 48-hour period; or
The pre-authorization may be captured as a penalty in the event that you fail to complete the transaction after entering into a binding agreement.
By participating in the auction, you authorize CarChaser to capture the pre-authorized amount under these conditions.
7.5. No Interest
No interest shall be payable on any pre-authorized amounts.
You agree that during the auction, you will use the Platform solely for the purpose of participating in the bids and purchasing a Car. You acknowledge that Car Chaser makes no representation about the condition of the Vehicles sold on the Platform other than as represented by the Seller and in the Car Report. Car Chaser reserves the right to remove and ban any person from using or accessing the Platform, where, in its sole discretion, the user has used the Platform in a way that contravenes these Terms.
You acknowledge that the Company may decide, at any time during the auction and in its or her sole discretion: (a) whether to accept or reject a bid that does not match or exceed the Reserve Price (price set by the Seller), (b) suspend online bidding, (c) restart or cancel any online bidding.
The Company may close an auction/bid before the scheduled duration if it becomes aware: (a)Any fraudulent bidding; (b) Any processing or system errors; (c) Any site and/or technological failures; (d) Any issues with proof of ownership of the item being auctioned; or (e) any legal requirements, it must comply with.
11.1. Where the Company discovers any circumstance in 10(a) – (e), the Company may reasonably extend the time for the Bids; Re-open an auction; redo the auction; or retract a winning bid. The Company will not be held liable for bids that, due to technical difficulties, were not received or accepted, unless it arises directly as a result of fraud. In the same vein, the Company will not be liable for any loss, liability or damage, incurred by you as a result of a bid not received or accepted, which was reasonably due to technical difficulties. Car Chaser will not be held liable for any consequential damages or lost profits arising out of or in connection with the delivery of the Services.
12.1. You agree to indemnify and hold Car Chaser harmless from any claim or demand, including legal fees, made by you as a result of your use of the Service, except to the extent that the claim arises directly from Car Chaser’s gross negligence or wilful misconduct. This indemnity shall extend to the shipping of vehicles to the port of destination and any loss or damage that may affect the vehicle during transportation or clearing at the destination port.
13.1. Once a bid is submitted, it is final and may not be withdrawn or modified. Bidding increments are determined by the Company. Car Chaser establishes and administers the auction rules, and you agree to be bound by and comply with such rules and any related determinations.
14.1. If you are the successful bidder at the auction, you agree to:
(a) that the successful bid is a binding contract between you and the Seller to purchase the vehicle at the agreed price; and
(b) pay the purchase price, including the cost of shipping (including applicable taxes and duties) to the Company;
(c) Car Chaser is responsible for arranging logistics/shipping, but risk shall transfer to the buyer once the vehicle is loaded on the vessel. The Buyer is responsible for procuring insurance for the Vehicle, provided that where Car Chaser provides the insurance, the Buyer shall be responsible for the payment/cost and the Buyer shall be listed as the loss beneficiary; and
(d) Take all necessary steps to finalize any other thing that may be required to deliver the vehicle to the Successful Bidder.
15.1 Pay the Deposit within any period/timeline stated by the Company and complete all documentation and provide all information required by the Company.
16.1. Unless otherwise agreed between Car Chaser and the Successful Bidder, the Successful Bidder must provide full payment for the Item to Car Chaser within [2] Business Days (48hrs) after notification of Car Chaser acceptance of its offer/bid in accordance with these Terms and Conditions.
16.2. Full payment for the Item will include the accepted Bid amount, and any other fees as specified in the Item description (these other fees include the cost of insurance and shipping)
16.3. Payment for the Item(s) must be made by way of transfer to the account nominated in writing by Car Chaser.
16.4. In the event the Successful Bidder fails to pay for a vehicle after 2 Business Days. In accordance with these Terms, Car Chaser may, in its absolute discretion, offer the vehicle for sale to the Bidder who submitted the second-highest Bid at the end of the live auction period at a price determined by Car Chaser. Notwithstanding the foregoing, the Successful Bidder who fails to pay the Purchase Price after 2 working days after written notice from Car Chaser to pay the amount, shall, without any further notice, lose the Pre-authorized/Participation Fee of $500 paid.
17.1. Whether you are a successful or an unsuccessful bidder at the auction, you acknowledge and agree that your personal information used to enable you to become a Registered Bidder on the Platform will be retained and stored for a maximum period of seven (7) years, in line with company protocol. Your personal information will be held in accordance with the terms of our Privacy Policy.
The Timed Auction will, at all times, be conducted pursuant to and in accordance with, the rules and regulations as set out herein: (a) The Timed Auction will commence on a date, time and for a set duration as advertised by the Company on the Platform; (b) The limitations, if any, of the Timed Auction will be set up and operated by the Company; (c) The Completion Date shall be the date the Timed Auction ends; (d)The Vendor shall provide to Car Chaser the reserve price before the Timed Auction; (f) Only a Bidder will be permitted to bid using the Services during the Time Auctions. A Bidder must register and provide their details in accordance with the identification requirements stated in the Platform; (g) Bidders must only place a bid if they intend on purchasing the vehicle. (h) Dummy bidding is strictly forbidden and is an illegal practice; (i) Car Chaser makes no representation or warranty relating to the vehicle other than what has been represented by the Vendor, that is being auctioned via the Services. The vehicles are sold ‘as is’. It is the Bidder’s sole responsibility to ensure they are familiar with the vehicle in all respects; (j) Once a bid is placed, it cannot be cancelled or amended. (k) A Bidder can only place a bid that is higher than the current bid meeting the reserve price. (l) The Timed Auction will proceed for a set duration. All bids must be placed during that time. Car Chaser reserves the right to extend the duration. (m) Once a Bidder meets the Reserve Price after the vehicle on the Platform, they will become the purchaser at the close of the Timed Auction and will complete the Purchase. (n) Car Chaser reserves the right to remove a User’s ability to Bid if any of the terms and conditions outlined herein or in any ancillary agreement are breached. (o) Car Chaser may, while acting reasonably, cancel a Timed Auction, or, in circumstances where it becomes aware of any errors, or delays in connection with, or as a result of technological difficulties after the Timed Auction has been conducted, conduct the Timed Auction again; (p) Car Chaser will not be held liable for bids that, due to technical difficulties were not received or accepted, unless it arises directly as a result of Car Chaser negligence or wilful conduct; (q) Car Chaser will not be liable for any loss, liability or damage, incurred by you as a result of a bid not received or accepted, which was reasonably due to technical difficulties. (r) Car Chaser does not warrant that the platform will operate without interruptions or without errors. The Company will not be responsible for any bids attempted to be placed, or not received or accepted, due to technological issues. We accept no liability for any loss or damage arising out of, or in connection with, the failure of the Auctions Live platform, unless that failure is a direct result of our gross negligence or wilful misconduct.
19.1 The Successful Bidder/Buyer shall be responsible for payment of all shipping and insurance fees to his/her port of destination. Upon completion of bids and payment of all fees, including purchase price, shipping, import duties, and applicable taxes, Car Chaser shall ship the vehicle to the Buyer’s port of destination of choice. The Buyer shall be fully responsible for clearing the vehicle upon arrival at the port of destination. Car Chaser shall forward all necessary documents, including the Bill of Sale for the vehicle, to the Buyer to enable the Buyer to clear the vehicle at the ports. The Buyer shall be responsible for any local duty or charge payable on the vehicle, including any demurrage for late clearance of the vehicle.
19.2 Car Chaser shall not be responsible for any damage or loss that occurs to the vehicle during shipping or during clearance or offloading at the destination port. The Buyer shall immediately become responsible once the car is shipped by Car Chaser and notice of shipping is delivered to the Buyer.
The Platform and the Services are subject to copyright. All intellectual property, trademarks, branding and material on or relating to the Platform and the Services are owned, registered and/or licensed by Car Chaser, who grants to you a non-exclusive, royalty-free, revocable licence while you are a User to: (a) use the Platform pursuant to these Terms of Use; (b) use and store the material contained in the Platform in your device’s cache memory; and (c) print pages from the Platform for your own personal and non-commercial use. Car Chaser does not grant you any other rights whatsoever in relation to the Platform or the Services. All other rights are expressly reserved by Car Chaser.
21.1 You may not, without our prior written consent and the consent of any other relevant rights owners, broadcast, republish, upload to a third party, transmit, post, distribute, show in public, adapt or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms of Use. This prohibition does not extend to materials on the Platform, which are freely available for re-use or are in the public domain. Where you publish, upload, transmit, post or distribute Your Content on the Platform, then you grant to us a non-exclusive, transferable, perpetual, royalty-free, irrevocable, worldwide licence to republish, upload to a third party, transmit, post, distribute, show in public, adapt or change Your Content.
We take your privacy seriously, and any information provided through your use of the Platform and/or Services is subject to our Privacy Policy, which is available on our website.
Subject to this clause, and to the maximum extent permitted by law: (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms of Use are excluded; and (b) we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet our obligations under the applicable laws), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms of Use (including as a result of not being able to use the Services or the late supply of the Services).
Use of the Platform and the Services is at your own risk. Everything on the Platform and the Condition of the Vehicles is provided to you “as is” and “as available” without warranty or condition of any kind. We do not make any express or implied representation or warranty about the Vehicles or Platform. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; (b) the accuracy, suitability or currency of any information on the Platform, the Services, or any of the products or services contained within the Platform (including third party material and advertisements on the Platform); (c) costs incurred as a result of you using the Platform, the Services or any of the products or services contained within the Platform; and (d) the services or operation of links on the Platform (which are provided for your convenience) (e) condition of the vehicles;
You acknowledge that the Platform and the Services are only intended to facilitate the purchase of vehicles between the Users (including transportation of the vehicle) and Platform and do not offer any services other than the Services, and we hold no liability to you as a result of any conduct of Users or the misuse of Your Content by any party (including other User).
Our total liability arising out of or in connection with the Services or these Terms of Use, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed any Participation fee and commissions received by Car Chaser. You expressly understand and agree that we, our affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss. You acknowledge and agree that we take no responsibility for and have no liability for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you as a result of the use of the Platform by you or any other user of the Platform
You agree to indemnify us, our affiliates, employees, agents, contributors, third party providers and licensors from and against: (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with the use of the Platform or your information published on the Platform which is false or misleading, inaccurate, out of date or incomplete; (b) any direct or indirect consequences of you accessing, using or transacting on the Platform or attempts to do so; and/or (c) any breach of these Terms of Use.
Jurisdiction
27.1 These Terms and any interpretation or disputes thereunder may be subject to the municipal courts in Ontario, Canada, where the Platform registered User (Vendor or Buyer) is resident within the country of Canada or North America. All of disputes will be resolved under Ontario’s jurisdiction. Any such dispute in respect of these Terms shall require the aggrieved Party and Car Chaser to use their best endeavours to resolve the dispute informally within 7 (seven) days of the dispute having been raised in writing. Any unresolved dispute relating to these Terms must thereafter be referred to arbitration.
27.2 For non-Canadian and North-American residents and Users of this Platform, the interpretation of these Terms, and any disputes arising therefrom, shall be adjudicated and subjected to the Courts in the Federal Republic of Nigeria or the Courts in the port of destination. Any such dispute in respect of these Terms shall require the aggrieved Party and Car Chaser to use their best endeavours to resolve the dispute informally within 7 (seven) days of the dispute having been raised in writing. Any unresolved dispute relating to these Terms must thereafter be referred to arbitration in Lagos, Nigeria, or in the port of destination.
