Terms of Use
Last updated on August 14, 2023
By car collectors, for car collectors. Car Collector AG, Rüeggisingerstrasse 140, 6032 Emmen, Switzerland ("CC", "we" or "us"), provides services and products for other car collectors. In particular, we provide you with information regarding cars (unique database), assist you in maintaining your exclusive car collection and provide you with a curated marketplace regarding high value cars.
1.
Scope
These terms of service (the "Terms") outline the rights and obligations between CC and individuals who are ("you"):
(a)
visitors of the website www.carcollector.app or any other website provided by CC (together the "Website"; "Website Visitors"); or
(b)
users of our License Models or of our Special Services (License Models and Special Services are defined under sections 3.2.1.1 and 3.2.2.1 and are collectively the "Services"; "Customers").
2.
Acceptance of Terms & fundamental Warranties
By visiting the Website and/or using the Services, you acknowledge that you have read and understood these Terms, and agree to be bound by them. You may not use the Website or any Services if you do not fully agree with the Terms.
By agreeing to these Terms, you warrant and represent that (a) you are of legal age in accordance with the legal requirements in your country (exception: free Services may also be used by minors of at least 13 years of age) and are capable of sound judgment, (b) you do not use our marketplace in the capacity of a professional car dealer, and (c) that your use of the Website and the Services complies with all applicable laws and regulations.
3.
Use of Services
3.1
Conclusion of Contract
he contract between you and us regarding the use of our Services (the "Contract"), of which these Terms form an integral part, is concluded by:
(a)
you registering an account via our web-based or mobile software application (the "App") and choosing a License Model and us receiving and confirming your registration and choice (cf. section 3.2.1); or
(b)
you accepting a separate offer ("Offer") we communicate directly to you (via our App or otherwise) regarding our Special Services (cf. section 3.2.2). If an Offer is accepted, the terms and conditions of such Offer shall prevail over these Terms in the event of a conflict.
3.2
Services
CC may offer two kinds of Services, namely License Models and Special Services. In the following, these Services are defined.
3.2.1
License Models to use App
3.2.1.1
License Models.
We may offer free and paid license models to use individual functions of our App (i.e., there are different subscription levels; the "License Models"), namely(a)
a comprehensive automotive database to find detailed information about (nearly) any car;
(b)
a tool to support you in managing your car collection (to keep all important details of your cars in one place);
(c)
a curated marketplace to sell and buy eligible high value cars. Such marketplace is dedicated to selected and verified collectors; or
(d)
any other license model we may offer on our Website or through our App.
3.2.1.2
License.
As long as you fully comply with these Terms, and subject to any restrictions stated therein, CC hereby grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use our App within the scope of the applicable License Model. Any open-source or third-party software integrated into the App is provided in accordance with the open-source or third-party license. All rights not explicitly granted in these Terms are reserved by CC.3.2.1.3
Restrictions.
It is at CC's sole discretion whether and to which functionalities of our App you will be granted access, i.e., there is no right whatsoever to be accepted as a licensee of the aforementioned or future functionalities (after having downloaded the App and registration).Marketplace in particular: Only individuals who own at least one high value car (as defined and verified by CC at its own discretion) are eligible for access to the curated marketplace.
3.2.2
Paid Special Services
3.2.2.1
Overview.
We may offer following paid special services (the "Special Services"):(a)
digitalizing your car collection;
(b)
help you finding and buying your dream car (according to your criteria);
(c)
help you selling one of your exclusive, high value cars if it is eligible for listing on our marketplace (which is in CC's sole discretion); or
(d)
any other service we may offer on our Website or through our App.
3.2.2.2
Restrictions.
Even if you have been granted access to the marketplace (cf. section 3.2.1.3), there is no right whatsoever that we will provide support with selling (or finding) your car and/or that your car will be listed in our marketplace. It is at CC's sole discretion whether a car you wish to sell is accepted (is eligible).3.3
Prices and Payment
3.3.1.1
Pricing in general.
The prices for the Services are shown in the App, on the Website or will be directly communicated to you in an Offer. Any pricing information featured on the Website or in any other promotional material is non-binding and does not constitute an offer to contract.3.3.1.2
Special Services - hourly rate.
Unless otherwise agreed, our Special Services are charged on an hourly basis at our standard rate, which can be found in the App and/or on the Website. In the absence of such indication in the App/on the Website the following standard rate applies: 90 Swiss franc (per hour).3.3.1.3
Taxes and Fees.
All prices are subject to any applicable value-added, sales or other taxes, duties or charges imposed on the sale of Services. Such taxes, duties and charges will be additionally charged to you. You are also responsible for any bank or other fees incurred in the payment of the Services. All amounts are to be paid in full without any set-off, deduction or withholding.3.3.1.4
Billing.
Depending on the Services you choose to purchase, billing will occur on a one-time, monthly or annual basis. As a rule, Services are billed in advance. The Services are payable by credit card, bank transfer, are invoiced or are to be settled by any other means of payment we offer you.3.3.1.5
Payment.
For Services payable by credit card, the charge will be made at the time of the final selection of the Services. Invoices are due within 30 days after receipt. After the expiration of the payment term, you are in default without the need of an overdue notice. We may charge interest on overdue payments at a rate of 5% per annum from the date of the invoice until we have received full payment of the amount due including all accrued interest. You agree to pay the collection costs (including legal fees) for any overdue amounts.We reserve the right to withhold our Services (e.g., suspend access to our App) until payment has been received in full.
If our Contract renews automatically (see section 3.5 below), your account will be debited for the next term at the expiry of the current term. If payment cannot be operated or is unsuccessful, your account will be deactivated.
3.3.1.6
No refund.
There are no refunds or credits for early termination, downgrades, partial or non-use of the Services and partial or non-use of any subscription period.3.4
Changes to Services
We reserve the right to expand, discontinue or change the Services at any time (e.g., introduce a new version of our App or discontinue to offer a License Model or a Special Service).
3.5
Term and Termination
3.5.1
Paid Services
(a)
Automatic renewal.
In the case of paid License Models, the term of your subscription corresponds to the license period agreed upon when choosing such License Model. Your subscription will be automatically renewed for successive terms of the same length unless either party terminates it at least one week before expiry of the current term.(b)
Termination.
We may terminate the Contract at any time and with immediate effect for good cause (without any replacement or compensation). Good cause includes, but is not limited to: (i) your violation of the Contract, and (ii) any violation of any applicable laws or regulations.3.5.2
Free Services
In the case of free Services, you can deactivate your account at any time, which is equivalent to you terminating the Contract. We may terminate your use of the free Services at any time without replacement or compensation.
3.5.3
Consequences
Upon termination of the Contract (i) any rights of use and other rights granted to you under such Contract are terminated, (ii) your account will be closed or restricted to the remaining services as deemed appropriate by CC, and (iii) you agree to immediately pay all outstanding fees, charges and otherwise owed amounts.
3.5.4
Survival
Sections 4 to 6 of these Terms, any remedies for its breach and any provisions that by their nature should continue in effect beyond the termination or expiration of the Contract will survive and remain in full force in order to give effect to their intended purposes.
4.
Ownership
4.1
Our Intellectual Property
Unless otherwise stated, the App and the Website, including any related works (e.g., written documents, computer code, concepts, data, databases know-how, etc.) and all related intellectual property and other rights worldwide are owned by or licensed to CC. In particular, CC has a license to use the data of AUTOMOBIL REVUE AG to operate its automotive database.
Any improvement, development, modification or change of any kind of the Services or the Website, including any related works created, produced, written, edited, modified, designed or implemented during the term of our Contract by us with or without you or any third parties, as well as any related intellectual property and other rights worldwide will be our sole and exclusive property, without any claim for compensation by you or any third party that may be involved.
Without CC's prior written consent, you must not:
(a)
reproduce, duplicate, copy, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit any portion of the Website or any Services (in particular no data from our App);
(b)
create derivative works of the Website or the Services;
(c)
modify or alter the Website or the Services (including future versions of our App) in any way other than through the configuration options we provide;
(d)
reverse engineer, disassemble or decompile, or attempt to reverse engineer, disassemble or decompile the Website or the Services (including future versions of our App), in whole or in part;
(e)
remove, circumvent, disable, damage or otherwise interfere with security-related features that prevent or restrict use or copying of any portion of the Website or the Services or attempt to do so;
(f)
remove or delete any copyright, trademark or other proprietary rights notices from any portion of the Website or the Services; or
(g)
use our names, logos, product and service names, trademarks or services marks.
4.2
Intellectual Property Rights with Respect to your Content
The rights to any content transmitted to us or created by you through your use of the Services or the Website (including data, photos and videos) (the "Content") remain with the respective entitled party.
While we do not claim ownership over any Content that you provide, you agree that we have the right to use such Content and you hereby grant us an unlimited, perpetual, non-exclusive, free (of charge) and irrevocable license to use the Content in whatever way we deem appropriate. For clarity: This license is valid for an unlimited time, without the termination of the Contract, deletion of your account or removal of Content (by you) from our Services (App) having any effect on it.
By providing us with Content through the Services or the Website, you represent and warrant that you own all information that you provide on the Services and that such Content is error free (truthful and not misleading). You may not upload, transmit, or otherwise distribute any Content in violation of intellectual property laws or proprietary rights of any third parties or any non-truthful or misleading Content. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law. In addition, you are solely responsible for the infringement of third party rights and any (other) damage caused by your Content.
4.3
No Content storage & Feedback
The Services or Website should not be relied upon as the sole means to store your Content. In particular, we reserve the right to delete any Content irrevocably (i) once the subscription (Contract) has ended, and (ii) anytime when using a free subscription model. We assume no responsibility for such activities or any loss of Content.
You may choose to, or we may invite you, to submit comments, suggestions, or ideas about the Website or the Services, including on how to improve the Website and the Services ("Feedback"). By submitting any Feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place us under any fiduciary or other obligation. We may use, copy, modify, publish, or redistribute the Feedback for any purpose and in any way without any compensation to you.
5.
Rules for using the Services and the Website
5.1
Responsible Use
You commit to refrain from:
(a)
Sharing or disclosing your login information to any other person (except with/to us);
(b)
using the Services or Website for illegal, unfair or offensive purposes;
(c)
taking any action likely to infringe our intellectual property rights or expose us to any liability or sanction;
(d)
manipulating our Services or Website or taking any other action that may interfere with or damage theme;
(e)
scraping the Services or Website by means of automated scripts;
(f)
circumventing or attempting to circumvent any security measures or other technical limitations or restrictions of our Services or Website or attempting to gain unauthorized access to the Services, Website or any connected networks.
(a)
you comply with all applicable national or international laws and regulations for the use of the Services and the Website;
(b)
during registration, you have provided us with accurate, complete, unambiguous and up-to-date information and, in particular, you have not used another person's data with the intention of impersonating that person;
(c)
you are the authorized person and signatory for the means of payment you specified during registration.
5.2
Account Security
You are responsible for maintaining the confidentiality of your login information and other information related to your account.
Moreover, you are responsible for all activities that occur under your account, whether or not you have authorized them. Contact us as soon as possible if you suspect unauthorized use of your login information. We reserve the right to suspend access to all or part of the Services at our sole discretion if we suspect abuse of login information.
6.
Warranty, Limitation of Liability, Indemnification
6.1
NO WARRANTY
THE SERVICES AND THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND (EXPRESS OR IMPLIED) INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR USAGE FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SUITABILITY FOR A PARTICULAR CAUSE, QUALITY, TIMELINESS, RELIABILITY OR AVAILABILITY.
CC EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SERVICES OR THE WEBSITE WILL BE AVAILABLE UNINTERRUPTED, ERROR-FREE OR UP TO DATE, WITHOUT VIRUSES OR OTHER HARMFUL COMPONENTS. IN PARTICULAR, WE DO NOT WARRANT FOR THE ACCURACY OR COMPLETENESS OF THE DATA OR OTHER INFORMATION IN OUR DATABASE(S). WE STRONGLY ADVISE YOU TO VERIFY ANY DATA AND/OR INFORMATION PROVIDED IN CONNECTION WITH OUR SERVICES (IN PARTICULAR INFORMATION FROM OUR DATABASE(S)) INDEPENDENTLY BEFORE MAKING ANY DECISIONS BASED ON IT. YOU ASSUME ALL RISK FOR DAMAGES OR LOSE OF PROFIT THAT MAY OCCUR AS A RESULT OF USING THE WEBSITE OR THE SERVICES.
SPECIAL SERVICES IN PARTICULAR: COMPANY SHALL MAKE REASONABLE EFFORTS TO PERFORM THE SPECIAL SERVICES, BUT DOES NOT WARRANT FOR ANY RESULT. YOU AGREE THAT NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO THE SPECIAL SERVICES.
NO CAR DEALER: CC PROVIDES A MARKETPLACE AND HELPS YOU FIND/BUY OR SELL A CAR. UNDER NO CIRCUMSTANCES DOES CC ACT AS A SELLER, BUYER OR (TEMPORARY) OWNER OF A CAR. CC IS NOT A CAR DEALER AND ANY WARRANTIES OR REGULATIONS APPLICABLE TO SUCH DO NOT APPLY ACCORDINGLY.
FURTHERMORE, YOU AGREE THAT YOU ARE USING THE SERVICES AND THE WEBSITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY, DAMAGE TO THIRD-PARTY PROPERTY, VIOLATION OF LAWS, RULES OR REGULATIONS, LOSS OF DATA OR COMPROMISE OF YOUR OR THIRD-PARTY INFORMATION AND PRIVACY.
6.2
LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL CC OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, PARTNERS OR LICENSORS BE LIABLE FOR ANY DAMAGES, BE IT DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), IN CONNECTION WITH OR OTHERWISE RESULTING FROM ANY USE OF SERVICE OR THE WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, WARRANTY, STATUTE OR OTHERWISE. MOREOVER, ANY LIABILITY FOR SLIGHT NEGLIGENCE IS EXPLICITLY EXCLUDED.
IN PARTICULAR, CC WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING OUT OF (I) YOUR USE OF OR RELIANCE ON THE SERVICES OR THE WEBSITE, (II) YOUR INABILITY TO ACCESS OR USE THE WEBSITE OR THE SERVICES, (III) ANY INCORRECT INFORMATION IN OUR APP, ON OUR WEBSITE OR OTHERWISE RELATED TO OUR SERVICES, OR (VI) YOUR SALE OR PURCHASE OF A CAR, E.G., ANY DAMAGE TO YOUR CAR OR ANY (CONSEQUENTIAL) DAMAGE CAUSED BY E.G., TEST DRIVES. LIKEWISE, CC SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND CC'S REASONABLE CONTROL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, CC’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
6.3
INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CC, ITS OFFICERS, DIRECTORS, EMPLOYEES, MANAGERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF THE SERVICES OR THE WEBSITE, (II) YOUR VIOLATION OF THESE TERMS, (III) CC’S OR ANY THIRD PARTIES USE OF YOUR CONTENT, (IV) THE INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR (V) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY.
WE RESERVE THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF SUCH CLAIMS. YOU AGREE NOT TO SETTLE ANY SUCH CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT. WE WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.
7.
Personal Data
In our
, we inform you how we process and protect personal data. By using the Services or the Website, you declare that you have read the .8.
Miscellaneous
8.1
Entire Agreement
These Terms, accompanied by any Offer and/or any other documents incorporated by reference, constitute the entirety of the agreement between you and us. They supersede any communication or previous agreements (oral or written) with respect to the Services or the Website.
8.2
Waiver of Rights
No waiver of any provision herein on one occasion will constitute a waiver of any other provision or of the same provision on another occasion.
8.3
Severability
In case any provision herein is held to be invalid, illegal or unenforceable in any jurisdiction then such provision will, as to such jurisdiction, be ineffective to the extent of the invalidity, illegality or unenforceability without affecting the validity, legality and enforceability of the remaining provisions. In this case, we undertake to immediately replace the ineffective provision with a provision which best reflects the original intention in terms of its content.
In no event will the invalidity, illegality or unenforceability of a particular provision in a particular jurisdiction invalidate such provision with respect to any other jurisdiction.
8.4
Modification of Terms
We reserve the right to modify these Terms at any time. The most current version of the Terms can be found on our Website. We will notify Customers through an appropriate channel of our choosing about such changes. You are deemed to have agreed to the changes, as the case may be:
(a)
if you accept them directly; or
(b)
if no direct acceptation, if you do not object within thirty (30) days after the notification.
8.5
Applicable Law and Jurisdiction
These Terms and any other agreements pertaining to the use of the Services or the Website will in all respects be governed by and construed and enforced in accordance with the laws of Switzerland, without regard to conflict of law principles or international treaties that would result in the application of any law other than Swiss law.
All disputes arising out of or in connection with these Terms or any other agreements pertaining to the use of the Services or the Website will be subject to the exclusive jurisdiction of the state courts of the Canton of Zurich, the venue being Zurich, Switzerland.
Car Collector AG
Rüeggisingerstrasse 140
6032 Emmen (Switzerland)