Using Carnexi

Terms of Use

Last updated: Oct 10, 2020



Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the http://www.carnexi.co.uk website and the Carnexi App mobile application (the "Service") operated by Carnexi ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Access to App

Access to our App is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our App without notice (see below). We will not be liable if for any reason our App is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our App, or our entire App, to users who have registered with us.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

If you are wanting to sell your car, you are required sign up to Carnexi. Simply select a profile image, choose a username, your e-mail, password and you’re set. You too will gain access to the aforementioned features above, making it easier to communicate with potential buyers.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Contents

By using the App to advertise and search for vehicles, you agree that you will only use, reproduce and print materials comprising the results of such searches for your own personal, non-commercial purposes. You must only use the contact details provided by private advertisers to contact them in connection with a genuine enquiry relating to the purchase of the vehicle in question.

Pages contained in the App may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We do not accept responsibility for keeping the information up to date or liability for any failure to do so.

The material on the App is only for information purposes. It does not constitute advice and you should not rely on any material on the App to make (or refrain from making) any decision or take (or refrain from taking) any action.

The App contains material submitted and created by private and trade dealers and other third parties. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material.

We give no warranties, conditions, guarantees or representations, express or implied, as to:-

• The completeness or accuracy of the advice and information contained on the App or any associated website;

• The content of the advertisements for vehicles included in our database, including but not limited to the ownership, quality, authenticity of a vehicle or the content more generally including any photographs, compliance with description or fitness for purpose of any such vehicles. Whilst we use reasonable efforts to identify and remove fraudulent advertisements, we cannot guarantee to identify all fraudulent advertisements on the App.

• The results of any search of our database or circumstances where there is a limited number of vehicles selected by the search on our database which might meet the searcher's requirements.

• The App publishes advertisements placed by third parties to advertise their vehicles and other goods and/or services. We do not own the vehicles or goods advertised for sale on the App and have no liability for these or for any losses that you may incur as a result of purchasing a vehicle, goods and/or any services advertised by third parties. If you choose to purchase a vehicle, goods and/or services advertised for sale by third parties on the App, the contract will be between you and the third party advertiser and not with us. You are responsible for taking steps to safeguard you and your money before contacting a seller and/or making a purchase. If you see anything suspicious please or believe an advertisement to be fraudulent, please report it to us immediately so we can investigate.

Subscriptions & Purchases

Payment will be charged to your iTunes account (Apple ID) at the confirmation of purchase. Subscription will be automatically renewed unless it is cancelled at least 24 hours before the end of current subscription period. You can manage and cancel your subscriptions any time from your account settings on the App Store. You can always restore your previous purchases through the "Restore Purchases" page within the app. Tap on "Restore Purchase" button and we will take care of the rest. We reserve the right to change the premium features anytime.

Content Removal

We can remove any content or information you share on the Service if we believe that it violates these Terms, our policies (including our Community Guidelines), or we are required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your account) immediately if you: clearly, seriously or repeatedly violate these Terms, our policies (including our Community Guidelines), if you repeatedly infringe other people's intellectual property rights, or where we are required to do so by law. If we take action to remove your content for violating our Community Guidelines, or disable or terminate your account, we will notify you where appropriate. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, contact us.

Copyright and trade marks

All rights, including copyright, in the content of the App, in the photographs of any vehicles displayed on the App and all database rights in our database of vehicles, are owned or controlled for these purposes by us.

All trademarks, names and logos are the proprietary marks of Carnexi or of our associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies. No conditions within these terms use confers on you any licence or right under any trademarks, names or logos.

We are not liable for failure to perform any of our obligations under these terms of use caused by matters beyond our reasonable control.

Unless, by exemption permitted within these terms of use, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of the App. In particular, you must not cache any of the contents for access by third parties, nor mirror or frame any of the content of the App nor incorporate it into another app or website without our express written permission.

Liability

The material displayed on our App is provided without any guarantees, conditions or warranties as to its accuracy and as otherwise excluded in these terms of use. You understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, fraudulent or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Carnexi with respect to any such Content.

To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise by implied by statute.

Any liability for a direct, indirect or consequential loss or damage incurred by any user in connection with our App or in connection with the use, inability to use, or results of the use of our App, any apps linked to it and any materials posted on it, including without limitation any liability for:

• Loss of income or revenue;

• Loss of business;

• Loss of profits or contracts;

• Loss of anticipated savings;

• Loss of data;

• Loss of goodwill;

• Wasted management or office time; and

• For any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

We will need to carry out routine maintenance and servicing of our servers and equipment from time to time. While we will seek to keep disruption to a minimum we cannot guarantee that the App will be continuously available on-line. We therefore provide the App on an "as is" and "as available" basis.

We make no warranty that the App ( or associated App) is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software.

We are not liable for any failure to perform any of our obligations under these terms of use caused by matters beyond our reasonable control.

Links To Other Apps

Our Service may contain links to third-party web sites or services that are not owned or controlled by Carnexi.

Carnexi has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Carnexi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United Kingdom, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

General

We reserve the right to assign or subcontract any or all of our rights and obligations under these terms of use to a third party. If we exercise this right, we shall name the assignee or subcontractor on the Website and you will be entitled to terminate the account within 5 working days. You may not without our prior written consent assign or dispose of any rights or obligations arising under these terms of use. These terms of use of access together with our privacy policy contain the entire agreement and understanding between the parties relating to the App, and supersede any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either party. We exclude all representations and warranties relating to access to use of the App, whether they are statutory or otherwise, as far as is possible by law.

If any of these terms of use shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.

These terms of use shall be governed by and in accordance with English law and subject to the exclusive jurisdiction of the English Courts.

If you do not agree to obey these terms of use you must stop using the App immediately.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact us

If you have any questions about these Terms, please contact us by email on support@carnexi.co.uk.