CHASING DREAMS TERMS OF SERVICE
PLEASE READ THE FOLLOWING AGREEMENT WITH FULL ATTENTION AND CARE TO MAKE SURE YOU UNDERSTAND ALL PROVISIONS.
Last Modified: 15/10/17
The Chasing Dreams website, hereby referred the “website”, is under full property and operation of Blackwater GCV (“Blackwater”, “Chasing Dreams”, “us”, “we”).
The articles on this page stipulate the terms you agree to when using our website and/or the accompanied services via desktop, mobile or any other connected device.
The Services (“Service”) on our website are 1) submitting a vehicle description with all relevant information to be listed on the website for sale as a ”Seller” and 2) by entering bids to buy vehicles listed on the website as a “Buyer”.
These terms are applicable to all accessing the website as visitors, users, Sellers or Buyers and other who have registered for access to the Service.
Certain additional services e.g. advertising may be subject to additional terms and conditions specified by us. Your use of these services is subject to those additional terms and conditions.
1. Use of the Service
1.1 Company Service
Chasing Dreams is a platform for vehicle listing, information distribution and auctioning that connects Sellers with Buyers. Chasing Dreams does not sell, buy, exchange, negotiate or attempts to negotiate, a sale or exchange of any vehicle listed on our website. It is not a broker nor a dealer and does not offer any ancillary products or services like vehicle financing, warranty, insurance, vehicle registration, service contracts or transporting services.
By using our Service, you are subjected to the terms and conditions stated in these terms and are granted a non-exclusive, non-transferable, freely revocable and limited license to use the Service as stated by the features of the Service. We reserve all rights not expressly stated in the Service and Company Content. We may terminate your use of our service for any reason at any time.
Before using our Service, you must read and agree to the terms and conditions of the Company. By agreeing to our terms, a contract is created between you and the Company. This contract is only between you and the Company and does not govern any sale, transaction or another kind of relationship between you and another User, including Seller or Buyer. You are not allowed to use our service if you do not agree with the terms of the Company. You are only allowed to use our service when you are in compliance with these terms and applicable local, national and internal laws. The use of our service is strictly prohibited by anyone under 16 years of age.
The Service is unavailable to any User who has previously been removed from the Service.
1.3 Rules of The Service
By agreeing to the terms, you agree not to perform following prohibited activities:
a) Use an automated system, including spiders, offline readers, robots, etc. in a manner in a manner that sends more requests to our servers than a human could produce in the same amount of time by using a conventional web browser. The Company only allows operators of search engines the permission to use spiders for the purpose of creating searchable indices of materials but not caches or archives.
b) Copying, disclosing or distributing any part of the Service, including any automated and non-automated scraping.
c) Sending unsolicited email, chain letters, spam or other kinds of unwanted correspondence.
d) Uploading invalid data or information through replies, when submitting a vehicle or in personal messages.
e) Uploading viruses, worms, malware or other malicious software to or through our Service.
f) Attempting to compromise the security or integrity of the servers of the Service.
g) Bypassing the measures, we take to restrict or prevent access to the Service, including copying of the content within the Service.
h) Collecting any kind of personable information, including account names, from the Service.
i) Using the Service for any commercial purposes without written agreement from the Company.
j) Misrepresenting, hiding or attempting to hide your identity, impersonating another person, misrepresenting your affiliation to an entity or person, committing fraud.
Chasing Dreams is not a party to any vehicle sale and or contracts concluding a sale. The interaction between Users as Users or as Buyers and/or Sellers is solely their responsibility. There is no obligation for the Company to monitor any kind of interaction, whether it be disputes or others, between Users. The Company has no liability or responsibility for the interactions between users.
We may choose to stop the Service or parts of the Service at any point, without giving prior notice to specific Users or in general. We have the right to create usage limits of the Service. We can suspend or terminate the User’s access at any point without any liability for any or no reason.
1.4 User Accounts
You have access to our Service and its functionalities via your User account. We have the right to maintain different types of accounts for different types of Users. When you open a User account in the name or on behalf of an organization or other entity, you will automatically represent that entity as an authorized person of that entity. You will accept the Terms on behalf of the entity.
By creating a User account, you give consent that your e-mail address will be used for Service-related information, such as updates, feature changes, notices required by law, newsletters and other promotions. If you wish not to receive such messages, you are allowed to unsubscribe from these emails.
When creating your User account, all information you enter must be accurate and complete. You are not allowed to use another User’s account without written permission. You are obliged to keep your account secure, by using a strong password and a combination of letters, numbers and upper and lower case. When your account has been breached, you must notify the Company immediately. The company cannot be held liable for any unauthorized use of your account.
2. Content listed by Sellers
When submitting a vehicle for publishing, you give the Company and its affiliates the right to copy, publish, translate, modify, distribute, reproduce, sell, display, host, cache, use, broadcast, store or any other use royalty-free and worldwide without any limits. Everything linked to the Content such as your Account, name, social media username, real name and all other information associated with the Content in all distribution forms such as printed or digital, for any sales, marketing, advertising, public relations with or without notice to you. This right goes without any kind of compensation, in the form of royalties or other, to you nor to an entity you represent, nor will you have the right to inspect or approve any kind of material we wish to publish related to your Content.
The Company has the right to revise, refuse or remove any kind of Seller Content without prior notice for any or no reason. The Company does not claim ownership of Seller content or material.
By entering Seller Content, you acknowledge that 1) you are 18 years of age or older at the time of submission; 2) you own the rights in and around that content, and in the case that you are not, the holder of these rights as completely waved all these rights and granted you those rights without the need for payment to you or to an entity; 3) you have the permission from the owner to submit the content and have the rights to use that content, their name, images, voice and or video without the need of payment to you and or any other person or entity; 4) the content does not contain false or misleading information; 5) the content is not an infringement of privacy or intellectual property; 6) the content does not contain obscene, threatening, hateful, defamatory content; 7) the content does not contain any malware like viruses, worms, etc. 8) the content does not contain email addresses, addresses, phone numbers or other contact information.
Chasing Dreams does not guarantee any kind of accuracy, reliability or truthfulness of any Seller Content. We will not endorse any opinions about the content by you or anyone else. By submitting Seller Content you unconditionally and fully release and forever discharge Chasing Dreams and its employees, directors and any agents from any claims, demands, and damages (direct or indirect, actual or consequential), whether known or unknown, of every kind, arising out of or in any way connected with:
1) disputes between a Buyer and a Seller or any other user or person or entity
2) the use by Chasing Dreams or you of the Seller Content would violate your or others intellectual property rights, privacy, moral rights, publicity rights, and or integrity.
By agreeing to our terms, you agree and acknowledge that we have no liability for nor control over any damages resulting from the use or misuse by you or any other party of any Seller Content.
Chasing Dreams is a channel for Seller Content and has no intent nor obligation to monitor and/or screen this Content. We have the right to investigate in our own discretion whether Content is in violation of our Terms, yet it is not obliged to take action. We have no responsibility or any kind of liability for such activities.
We can request that you provide us with any kind of documentation to verify whether you are compliant with the Terms.
The Seller is solely responsible for the Seller Content. By agreeing to the Terms, you agree to indemnify and hold Chasing Dreams, its directors, employees, affiliates and agents harmless from all claims, expenses, costs, damages or fees arising or in connection with a breach of any representations or your violation of any law or rights of a third party.
We have the right to delete any Seller Content without notice. By agreeing to the terms, you consent to such deletion and waive any claim against us for such deletion. Chasing Dreams is not responsible for failure to store posted content or other materials you have sent/received via the platform. You are solely responsible for your data and should make sure to make copies of your data and/or content.
3. Auctions and bidding
The Seller can indicate when placing Content whether he wishes to use a reserve or not. A reserve is a minimum price the Seller will make the sale of the vehicle he/she has listed in the Content. The reserve can only be indicated prior to submitting the Content for approval. The Seller is not authorized to increase the reserve once a vehicle is listed for auction. The seller is allowed to reduce or waive the reserve during the auction. He could do so by notifying us by e-mail, telephone or web form.
Chasing Dreams reserved the right to limit, suspend or terminate your account if we believe you are abusing our platform and Services. We have the right to remove content, any special status, remove listings, reduce or eliminate discounts and take technical and or legal steps in order to prevent you accessing our Services.
When listing a vehicle for sale via a seller’s listing, you agree that the listing is only available via our website. The seller is not allowed to make the car available via other listing services, dealerships, commissionaires or auctions. Seller agrees that his listing may be removed when in violation of this policy.
Every User acknowledges and agrees that each bid is binding on the User for the applicable fees. The User is responsible for all applicable taxes and fees from his government for the listings on our Service.
3.3 Collection of vehicle
Shipping and delivery fees are entirely the responsibility of the Buyer. It is recommended to do an in-person inspection of the vehicle. The Buyer acknowledges and agrees that the purchasing of a vehicle via our Service is his responsibility and the Company has no liability nor do we bear any risk, responsibilities and make no warranties with respect to any third-party services.
4. Terms of Payment
There are certain fees related to using our Service. This includes the fees that arise from placing the winning bid on an auction. New services could be added by the company with additional charges and fees. We will update you via e-mail once those services have become available to you. We using our Service, you agree to the fees being charged. The fee for winning an auction is 5% of the highest bid. The prices listed by Sellers in the Seller’s Content, exclude government taxes, registration and titling fees, electronic processing charges, technical inspection charges, and all other charges and or fees required by law. The currency used on our platform is EURO.
4.2 Payment information
Chasing Dreams uses the third-party payment service Stripe. All payments to the Company must be made via this service. The company may make an exception on a case-by-case basis. Terms of Service of third-party payment service can be found here: https://stripe.com/be/legal. All information you provide in connection with a transaction must be complete, current and accurate. When subscribing to the Service, you agree to pay all charges incurred with your debit card, credit card, or other payment method used in connection with your transaction. You agree also to pay any applicable taxes in relation to such transactions.
You have the choice to cancel your account at any time. There are, however, no refunds granted in relationship to your cancellation. The only reason you may enjoy a refund is when a Seller’s listing was not published. You may choose to cancel the publication before it was listed. After, you are no longer entitled to a refund. In the event your accounts has been terminated, you agree that there will be no refund given, including any data linked to your account.
5. Proprietary Rights
All materials in or transferred via our Service and the intellectual property rights related thereto are the property of Chasing Dreams. You agree not to rent, modify, distribute, copy, transmit, display, sell, publish or adapt any Company Content. Any use that is not permitted in our Terms is prohibited.
“Chasing Dreams”, the Chasing Dreams logo, the Chasing Dreams company web style “look and feel” or any other name or slogan on our Website are the property of Blackwater and may not be copied, used or imitated. If you would like to leverage any kind of material found on our website, you will need to ask for written permission to Blackwater. You are not allowed to use any hidden text or meta tags utilizing Chasing Dreams, or its other proprietary names.
You may be invited to submit a review or comment regarding your experience with the Service. By submitting your review or comments, you agree that your disclosure is free and without restriction and under no circumstances will it put Chasing Dreams under any obligation to publish your review or comment. We are free to use your comment and base certain actions on it without compensation to you.
We take your trust and security very seriously. We acknowledge protecting your data by taking security measures available to us. However, we cannot guarantee unauthorized parties will never be able to breach our systems and access personal information. When subscribing to our Service, you agree to provide your personal information at your own risk.
Chasing Dreams will respect the privacy of the bidder/seller and will always act in accordance with the provisions of the Belgian Privacy Act (8th of December 19992 on protecting the right to privacy with respect to the processing of personal data.
8. Links and third-party information
Your dealings with advertisers found on the platform, including delivery of goods, warranties or payment or any other terms are solely between you and those advertisers. You agree that the Company is not responsible for any kind of damage of any sort related to your dealing with these advertisers.
By accepting the terms of service, you agree to indemnify and hold harmless the Company and its subsidiaries, licensors, managers, employees, other affiliates and their employees from and against any and all claims, damages, obligations, losses, liabilities, debt, costs or expenses (including attorney’s fees) arising from:
- Your violation of the Terms of Service
- Your use and access of the Service; including any data or content transmitted or received
- Your violation of any third-party right or Intellectual Property Rights
- Your violation of any applicable law or regulation
- Submitted content with misleading, false or inaccurate information
10. No Warranty
We do not endorse, guarantee or assume any responsibility for any product or service advertised or offered by a third party on the platform or hyperlinked website or service.
The Company will not be a party to any transaction and will not in any way monitor transaction between you and other parties.
The Service is provided on “as available” and “as is” basis. To the maximum applicable by law, the service is provided without any warranties. Without limit, the company and its affiliates will warrant that the content is accurate, correct or reliable. Nor will this warranty that the service will meet your requirements, will be available at any time, location, or is secure. There is no warranty that the Service is free of malware or viruses. You are solely responsible for any damage to your computer or mobile device resulting from the use of our Service.
We cannot warranty that all prices posted on the Service are correct and/or communicated correctly. We cannot be held responsible for typographical errors or other errors on the Service. We have the right to refuse or cancel listings that are listed at an erroneous price.
11. Limitation of Liability
In no event will the Company, its affiliates, directors, employees, suppliers or licensors be liable for any incidental, indirect, consequential, punitive, special or exemplary damages, including without limitation damages for loss of profits, goodwill, data, use or other intangible losses, arising out of, relating to the use or not able to use the service.
Under no circumstances will the Company be liable for any damage, loss or injury resulting from tampering, unauthorized access or hacking of your account or the information contained herein.
The Company will assume no responsibility nor liability for:
- Any mistakes, errors, or inaccuracies of content
- Unauthorized access to our servers and/or any information stored therein
- Any viruses, Trojan Horses, or other malware transmitted over the service
- Property damage or personal injury
- Collecting the goods shall be done at buyer’s risk. The Company shall never be held liable for any (physical) damage caused to the buyer or third parties upon collection of the goods.
- Interruption or cessation of transmission of the service
- Any offensive or illegal conduct of any third party
The Company, its directors, employees, suppliers will in no event be liable for any claims, damages, costs in an amount exceeding the amount you have paid the Company.
The Company and the platform are operated from Belgium. The company makes no representation that the Services provided are available for us and appropriate in other locations. When you access the service, you do so under your own responsibility of compliance.
12. Governing Law & Arbitration
Any dispute relating to the conclusion, validity, interpretation or performance of this agreement, shall be governed by Belgian law and shall only be brought in the exclusive jurisdiction of the courts of Antwerp, even in case of several defendants. The Justice of the Peace having jurisdiction implies that the Justice of the Peace of the 5th Canton of Antwerp shall have jurisdiction.
For any dispute with the Company, you agree that you will contact the Company first via email@example.com or via postal mail Ten Otter 2, 2980 Zoersel and attempt to resolve the dispute informally. If we are not able to resolve the dispute after ninety (90) days, we agree to resolve any claim or dispute in connection or relation to these Terms by arbitration.