The BitCars platform was originally created as a shared-shop-service upon the request of a group of car dealerships who offer and sell using the platform on their own behalf and for their own account.
As a service, the BitCars platform does not participate as a party in the sales transaction and is not involved in billing customers. Additionally, the platform has no control over logistics and is not responsible for quality control. Logistics and quality control are managed by the each particular vendor.
It is essential to emphasize that the payment system utilized within the BitCars platform is provided by an external automated payment processor. The platform itself does not handle any payment transactions directly; instead, it focuses on facilitating the seamless integration and connection with the third-party payment processor, ensuring secure and efficient processing of payments.
The following paragraphs of these Terms & Conditions were standardized and agreed upon by the participating vendors. They outline the terms and conditions that govern the interaction between buyers and the actual sellers of cars within the BitCars platform.
Please note that the BitCars platform's role is strictly limited to providing a seamless and reliable service on behalf of participating dealerships. The platform do not engage in trading activities or take part in the financial aspects of the sales process.
All references and mentions such as "we," "our," "us," etc., in these standardized terms refer to each individual participating vendor.
This website is provided to you, the user, with all its information, tools, and services, subject to your acceptance of all the terms, conditions, policies, and notices stated here.
By visiting our site and/or making a purchase from our platform, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including any additional terms, conditions, and policies referenced herein and/or accessible via hyperlinks. These Terms of Service apply to all users of the site, including, but not limited to, browsеrs, vendors, customers, merchants, and contributors of content.
Please carefully read these Terms of Service before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of its services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store will also be subject to the Terms of Service. You can review the most up-to-date version of the Terms of Service on this page at any time. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to periodically check this page for any changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you confirm that you are of legal age in your state or province of residence, or that you have obtained the necessary consent from your parent or legal guardian if you are a minor, to use this site.
You are prohibited from using our products for any illegal or unauthorized purpose, and you agree not to violate any laws in your jurisdiction (including, but not limited to, copyright laws) while using our Service. Failure to comply with these Terms may result in the immediate termination of your access to our Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content 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.
You understand that your content may be transferred unencrypted and may be subject to transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
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 without our express written permission. The headings used in this agreement are for convenience purposes only and will not limit or affect these Terms in any way.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We strive to provide accurate, complete, and up-to-date information on this site. However, we cannot guarantee that all information available on this site is always accurate, complete, or current. The material on this site is provided for general information purposes only and should not be solely relied upon for making decisions. We recommend consulting primary, more accurate, complete, or timely sources of information before making any decisions based on the material on this site. Your use of the material on this site is at your own risk.
This site may contain historical information, which is not current and is provided for reference purposes only. We reserve the right to modify the contents of this site at any time, but we are under no obligation to update any information on our site. It is your responsibility to monitor any changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for the products listed on our platform are subject to change without prior notice. We reserve the right to modify or discontinue the Service, or any part of it, at any time without notice.
We shall not be liable to you or any third party for any modifications, price changes, suspension, or discontinuation of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may only be available for purchase online through our website. These offerings may have limited quantities and are subject to our Return Policy for returns or exchanges. While we make every effort to display the colors and images of our products as accurately as possible, we cannot guarantee that your computer monitor's display will accurately reflect the actual colors of the products.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services we offer. All product descriptions and prices are subject to change at our sole discretion without notice. We may discontinue any product at any time. Any offers for products or services made on our site are void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, nor do we guarantee that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment information, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email address or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
By making a purchase on our platform, you agree to provide current, complete, and accurate purchase and account information for all transactions.
For more details, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor, control, or have any input in.
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 not be liable for any damages or liabilities arising from or related to your use of optional third-party tools.
Your use of any 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 the tools are provided by the relevant third-party provider(s).
In the future, we may also offer new services and/or features through the website, including the release of new tools and resources. Such new features and/or services will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available through 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 of third-party materials or websites, 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. Before engaging in any transactions, please review the third-party's policies and practices carefully and make sure you understand them. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you submit certain specific submissions (such as contest entries) or if you submit creative ideas, suggestions, proposals, plans, or other materials without a request from us, 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, is 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 rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Furthermore, your comments will not contain libelous or unlawful, abusive, or obscene material, nor contain any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email 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 assume no liability for any comments posted by you or any third party, and we take no responsibility for such comments.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be typographical errors, inaccuracies, or omissions in the information provided on our site or in the Service, including product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, without prior notice (even after you have submitted your order).
We have no obligation to update, amend, or clarify information in the Service or on any related website, including 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 12 - PROHIBITED USES
We draw the Visitors attention to the fact that the use of the Services, the Website and the Platform is governed by the international compliance requirements and requirements of economic sanctions. By using the Platform the User agrees to comply with these requirements. The User is not allowed to place orders on the Platform or use any Services if:
- the User is in or under control or are a citizen or resident of FATF blacklisted countries and/or countries subject to the United Nations Security Council Sanctions List, the European Union or HM Treasury's financial sanctions regimes, the United States embargo (a "Sanctioned Country"), or if the User is a Person on EU or HM Treasury's financial sanctions regime or the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List (a "Sanctioned Person");
- he/she is a Person, who does not meet any User due diligence/compliance standards, requests or requirements of our platform regarding compliance of the User and who otherwise belongs to a high-risk group, including, but not limited to, the factors listed above, including a politically exposed person (PEP) (a natural person who is or who has been entrusted with prominent public functions as well as family members or close associates of such persons).
In addition to other prohibitions outlined in the Terms of Service, you are strictly prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in 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 provide false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that could affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (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 if you violate any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We cannot guarantee that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results obtained from the use of the service will be accurate or reliable. You acknowledge that we may remove the service for indefinite periods of time or cancel the service at any time without notice.
You agree that your use of the service is at your sole risk. The service and all products and services delivered to you through the service are provided "as is" and "as available," except as expressly stated by us. We make no representation, warranties, or conditions of any kind, either express or implied, including but not limited to the implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall we, 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 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 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 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees 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 15 - SEVERABILITY
If any provision of these Terms of Service is deemed unlawful, void, or unenforceable, that provision shall 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 16 - 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 to comply with any term or provision of these Terms of Service or if we suspect that you have failed to comply, we may terminate this agreement at any time without notice. In such cases, you will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our services (or any part thereof) accordingly.
SECTION 17 - 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, along with any policies or operating rules posted by us on this site or in respect to the service, constitute the entire agreement and understanding between you and us, governing your use of the service and 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 18 - CHANGES TO 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, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on 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 - INTELLECTUAL PROPERTY RIGHTS
Intellectual Property Rights: All content, materials, trademarks, logos, and intellectual property displayed on our website and associated platforms are protected by applicable intellectual property laws, including copyright, trademark, and other proprietary rights. The ownership of all such intellectual property remains with us or our licensors. You are granted a limited, non-exclusive, non-transferable license to access and use the website and its content solely for personal, non-commercial purposes. You agree not to reproduce, distribute, modify, or create derivative works of any intellectual property displayed on our website without our prior written consent. Any unauthorized use of our intellectual property is strictly prohibited and may result in legal action.
SECTION 20 - ANTI-MONEY LAUNDERING (AML) AND KNOW YOUR CUSTOMER (KYC) COMPLIANCE.
We are fully committed to upholding and adhering to the latest Anti-Money Laundering (AML) and Know Your Customer (KYC) regulations. As part of our dedication to maintaining a secure and compliant platform, we implement rigorous AML/KYC procedures to verify the identity of our customers and prevent any potential illicit activities. By using our services, customers agree to cooperate with our AML/KYC requirements, which may include providing valid identification documents and other relevant information for verification purposes. We reserve the right to request additional documentation or suspend accounts that do not meet our AML/KYC standards. We assure our customers that all personal information provided during the verification process will be handled with the utmost confidentiality and in accordance with applicable privacy laws. Our commitment to AML/KYC compliance aims to protect the integrity of our platform and maintain a safe environment for all users.
SECTION 21 - COMPLIANCE WITH LOCAL LAWS AND REGULATIONS.
Customers are responsible for ensuring compliance with their local laws and regulations regarding the purchase of cars and the use of cryptocurrencies for payments. It is important to note that some jurisdictions may prohibit or restrict the ordering of cars or the use of cryptocurrencies for transactions. By using our platform and placing an order, customers acknowledge that they have reviewed and understood their local laws and regulations and accept full responsibility for any legal implications that may arise from their actions. We strongly advise customers to familiarize themselves with the applicable laws and seek legal advice if needed before proceeding with any transactions. Our company disclaims any liability for any violations of local laws or regulations committed by customers.
SECTION 22 - RESTRICTIONS ON DELIVERY TO SANCTIONED COUNTRIES
In accordance with international trade regulations and sanctions imposed by various countries and organizations, we regret to inform you that we are unable to deliver our cars to customers or postal addresses located in the following sanctioned countries: Afghanistan, Iran, Yemen, Libya, State of Palestine, Puerto Rico, Somalia, the Democratic People’s Republic of Korea, The Northern Mariana Islands, Syria, Russian Federation, Republic of Belarus, Republic of Sudan, Transnistria, temporarily occupied territories of Georgia, Turkish Republic of Northern Cyprus, Western Sahara, Federal Republic of Ambazonia, Kosovo, South Sudan, and temporarily occupied territories of Ukraine. These restrictions are in place to comply with legal obligations and ensure compliance with international trade laws. We apologize for any inconvenience this may cause and encourage customers residing in these sanctioned countries to refrain from placing orders for our products. We are committed to upholding all applicable laws and regulations, and appreciate your understanding and cooperation in this matter. For further information or clarification, please contact our customer support team.
SECTION 23 - GOVERNING LAW AND JURISDICTION OF THE PLATFORM-AS-A-SERVICE
Any disputes arising out of or related to the use of our platform and services shall be governed by and construed in accordance with the laws of Seychelles. Any legal action or proceeding arising out of or relating to the service shall be exclusively brought in the courts of Seychelles. By using our platform and services, you hereby consent to the personal jurisdiction and venue of such courts and waive any objections to the exercise of jurisdiction over you by such courts.
SECTION 24 - DISPUTE RESOLUTION
In the event of any disputes or claims arising out of or relating to the use of our platform and services, we encourage customers to first contact us directly to seek an amicable resolution. Our customer support team is dedicated to addressing and resolving any concerns or issues in a fair and timely manner.
If a resolution cannot be reached through direct communication, both parties agree to engage in good faith mediation. The mediation process shall be conducted by a neutral third party mediator mutually agreed upon by the parties. The costs and expenses of the mediation shall be shared equally between the parties unless otherwise agreed.
If mediation is unsuccessful or not pursued, any unresolved disputes or claims shall be subject to binding arbitration. The arbitration shall be conducted in accordance with the rules of The Supreme Court of Seychelles, and the arbitrator's decision shall be final and binding. Each party shall bear its own costs and expenses related to the arbitration.
Notwithstanding the above, either party may seek interim or injunctive relief in a court of competent jurisdiction to protect its rights or interests, without waiving the requirement of arbitration for the resolution of the underlying dispute or claim.
SECTION 25 - CONTACT INFORMATION
Development and IT support by IOXO Concepts Limited
General support and questions about the Terms of Service should be sent at support [at] bitcars.eu