AUTOMOTIVENG TEAM & CONDITION

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the to Automotiveng website located Here At The Center heart of Lagos, Lagos Nigeria and all associated sites linked to Automotiveng, or the to OUR mobile application or any similar platform (hereinafter collectively)

 

Please do not share your Valid Information Wallet password, Credit/Debit card pin, other confidential information with anyone even if he/she claims to be from Automotive. We advise our customers to completely ignore such communications & report to us at [email protected]

 

The Platform is owned by Automotiveng Nigeria’s Internet Private Limited, a company incorporated under the Companies Act, 2015 with its registered office at Building ,

 

Your use of the Platform and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with Automotiveng Internet Private Limited and these terms and conditions including the policies constitute Your binding obligations, with Automotiveng.

 

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer Automotiveng by providing Registration Data while registering on the Platform as Registered User using the computer systems. Automotive do not allow  “You” or “User” User to surf the Platform or making purchases without registering on the Platform. The term “We”, “Us”, “Our” shall mean Automotiveng Internet Private Limited.

 

When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform on any device and/or before availing any services offered by Automotiveng on the our Platform which may include services such as recharge or bill payment, digital products, semi-closed wallet service and marketplace service or any other service that may be offered by Automotiveng on the Automotiveng Platform (hereinafter individually, and collectively, the Automotiveng Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all Automotiveng Services, whether offered by One97 or its affiliates.

 

Acceptance

By registering on, accessing, browsing, downloading or using the Automotive Platform for any general purpose or for the specific purpose of availing any Automotive Service, You agree to be bound by the single-sign-on ID (hereinafter SSOID

SSOID is a unique ID that consists of 32 characters and is used for naming wireless networks)   terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each Automotiveng Service (hereinafter collectively, the T&Cs  terms and condition). These T&Cs shall also include any additional or modified terms and conditions in relation to the SSOID or any additional or modified service-specific terms and conditions in relation to any Automotiveng Service or any future service that may be offered by Automotiveng on the Automotiveng Platform. By registering on, accessing, browsing, downloading or using (as applicable) the Automotiveng Platform or availing any Automotiveng Service or the SSOID, You automatically and immediately agree to all the T&Cs. If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use the Automotiveng Platform and immediately terminate Your availing the Automotiveng Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 18 years of age and an individual user of the Automotiveng Platform or a customer or beneficiary of the Automotiveng Services, and Automotiveng. All services are rendered by “US” Automotiveng.ng through the Automotiveng Platform under the brand name “Automotiveng” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, Automotiveng, regarding Your use of Automotiveng ,, the \Online marketplace service or any such other services which may be added on the Automotiveng Platform and which will henceforth be a Automotiveng Service, from time to time. The Automotiveng Services shall be used by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, Automotiveng grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the Automotiveng Platform and/or avail the Automotiveng Services.

 

Eligibility

The  Automotiveng Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Automotiveng from availing the Automotiveng Services or accessing the Automotiveng Platform. By accepting the T&Cs or by otherwise using the Automotiveng Services on the Automotiveng Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed by Automotiveng, or disqualified for any other reason, from availing the Automotiveng Services or using the Automotiveng Platform. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Automotiveng reserves the right to suspend or permanently prevent You from availing Automotiveng Services or using the Automotiveng Platform.

 

Other Terms and Conditions

Additional terms and conditions may apply in order for You to avail specific Automotiveng Services and to specific portions or features of the Automotiveng Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the Automotiveng Platform or for any Automotiveng Service offered on or through the Automotiveng Platform, the latter terms shall control with respect to Your use of that portion of the Automotiveng Platform or the specific Automotiveng Service. Automotiveng may make changes to any Automotiveng Services offered on the Automotiveng Platform, or to the applicable terms for any such Automotiveng Services, at any time, without notice. The materials on the Automotiveng Platform with respect to the Automotiveng Services may be out of date, and Automotiveng makes no commitment to update the materials on the Automotiveng Platform with respect to such Automotiveng Services. The following terms also govern and apply to Your use of the Automotiveng Platform, and they are incorporated herein by this reference: Automotiveng

 

Your Account and Registration Obligations

If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.

Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a onetime password verification.

You agree that Automotiveng shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website Platform.

If You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.

 

Communications

When You use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

 

Platform for Transaction and Communication

The Platform is a platform that Users utilize to meet and interact with one another for their transactions. Automotiveng is not and cannot be a party to or control in any manner any transaction between the Platform’s Users.

 

Henceforward:

  1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Automotiveng does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are by the Seller/Brand and not by Automotivengrt.
  2. Placement of order by a Buyer with Seller on the Platform is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller’s acceptance of Buyer’s offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual’s consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.
  3. Automotiveng does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. Automotiveng does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Automotiveng accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  4. Automotiveng is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Automotiveng cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. Automotiveng shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
  5. Automotiveng does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Platform and use Your best judgment in that behalf.
  6. Automotiveng does not at any point of time during any transaction between Buyer and Seller on the Platform come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
  7. At no time shall Automotiveng hold any right, title or interest over the products nor shall Automotiveng have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Automotiveng is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
  8. The Platform is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Automotiveng is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.

At no time shall Automotiveng hold any right, title or interest over the products nor shall Automotiveng have any obligations or liabilities in respect of such contract.

Automotiveng is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

Select products offered by sellers may be eligible for business purchases on the Platform.

  1. Upon Your purchase of product(s) eligible for business purchases, You may be able to avail the benefits of GST input tax credit. Accordingly, at your request, an invoice containing the GSTIN as provided by You (“Tax Invoice”) shall be issued to You by the Seller(s) selling such products.
  • GST invoice will have, inter alia, the following details printed on it: -GSTIN associated with your registered business, as provided by you
  • Entity name of your registered business, as provided by you
  • Not all products are eligible for business purchases on the Platform and the same is solely at the discretion of the Sellers. You will be able to view the eligibility of Tax Invoice on the product page on the Platform.
  • Purchases on the Platform must only be for end consumption. Users must not use products purchased on the Platform for any commercial, promotional, resale or further distribution purposes.
  • For seamless availment of input tax credit, kindly mention the delivery address as the address which is mentioned as the registered place of business as per the records of GST authority. Please note that availment of input tax credit is subject to provisions of GST Act and rules.
  • The delivery and billing addresses will be required to be the same, please note that input tax credit will be denied by GST authority if the delivery address and GSTIN in the GST invoice are of different states.
  • If GSTIN and/or business entity details are not provided by You, it will be presumed that it is a personal purchase and not a business purchase.
  • Automotiveng is not responsible to verify the correctness of the GSTIN and/or entity name provided by You and You shall be entirely responsible to provide the accurate details.
  • Automotiveng and Seller shall not entertain any request for any revision in the GST Invoice. AUTOMOTIVENG and Seller shall not be liable for Your default including for reasons associated with details provided by You.
  • Automotiveng will not be liable in case You are not able to avail input tax credit or if input tax credit is denied to You for any reason whatsoever.
  • You shall be solely liable for all compliances required under applicable laws.
  • You agree to indemnify and hold Automotiveng and Seller harmless from all losses, claims, costs, expenses, suits, proceedings, or any other liability including any third-party claims (including any penalties imposed by governmental authorities) arising out of or in connection with (1) the GSTIN and/or entity name provided by you or the input tax credit claimed by you or your use or misuse of the GST Invoice and (2) your non-compliance with the applicable laws or (3) your use or misuse of any third-party’s details including GSTIN.
  • Automotiveng has the right to not allow business purchases on the Platform to You if a fraudulent activity is identified.
  • Seller reserves the right to not issue Tax Invoice or issue a credit note against an already issued Tax Invoice to cancel the transaction, if any fraudulent activity is identified.
  1. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.

Disclaimer: Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).

  1. You release and indemnify Automotiveng and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Automotiveng cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.

Please note that there could be risks in dealing with underage persons or people acting under false pretence.

Charges

Membership on the Platform is free for buyers. Automotiveng does not charge any fee for browsing and buying on the Platform. Automotiveng reserves the right to change its Fee Policy from time to time. In particular, Automotiveng may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. In such an event Automotiveng reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Nigeria Rupees. You shall be solely responsible for compliance of all applicable laws including those in Nigeria for making payments to Automotiveng Internet Private Limited.

Use of the Platform

You agree, undertake and confirm that Your use of Platform shall be strictly governed by the following binding principles:

  1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

(a) belongs to another person and to which You does not have any right to;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

(c) is misleading in any way;

(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

(e) harasses or advocates harassment of another person;

(f) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

(h) infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];

(i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

(m) contains video, photographs, or images of another person (with a minor or an adult).

(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(o) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Platform. Throughout this Terms of Use, Automotiveng’s prior written consent means a communication coming from Automotiveng Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;

(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;

(q) interferes with another USER’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services;

(r) refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

(s) harm minors in any way;

(t) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

(u) violates any law for the time being in force;

(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(w) impersonate another person;

(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

(y) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

(z) shall not be false, inaccurate or misleading;

(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

(ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;

  1. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
  2. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
  3. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.
  4. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Automotiveng , , , Automotivng.ng , Automotiveng, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Automotiveng or sellers on platform or otherwise tarnish or dilute any Automotiveng trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Automotiveng systems or networks, or any systems or networks connected to Automotiveng.
  5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
  6. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Platform or any service offered on or through the Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
  7. You may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Flipkart and / or others.
  8. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
  9. Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Platform.
  10. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
  11. You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

We reserve the right, but has no obligation, to monitor the materials posted on the Platform. Automotiveng shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Automotiveng views. In no event shall Automotiveng assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

  1. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
  2. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Platform, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform.
  3. Automotiveng shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

This feature may not be accessible on certain devices and requires an internet connection. Automotiveng reserves the right to change, enhance, suspend, or discontinue this feature, or any part of it, at any time without notice to you. Your continued use of this feature constitutes your acceptance of the terms related to this feature.

  1. You acknowledge and agree that the English translation features are made available on the Platform on a reasonable effort basis for convenience only, without any representation or warranties by Automotiveng, express or implied, including the translations being error free, their accuracy, completeness or reliability. Under the translation feature, You will have the option to adding delivery addresses in the language selected by You out of the featured languages. Such delivery addresses shall be transliterated in English language for processing, handling and fulfilling Your orders on the Platform. Automotiveng expressly disclaims any liability of any nature whatsoever arising from or related to the said translation/transliteration features on the Platform. Some features and sections on the Platform may not be translated in the language selected by You [English language, as applicable], and the English version of the same will be the definitive version. In the event of any conflict or inconsistency between the translated terms and the English version available on the Platform, the English version on the Platform shall prevail. This feature may not be accessible on certain devices. Automotiveng reserves the right to change, enhance, suspend, or discontinue this feature, or any part of it, at any time without notice to You.

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Communication Policy

By accepting the T&Cs, You accept the following:

  • Automotiveng may send alerts to the mobile phone number provided by You while registering with the Automotiveng  Platform for the SSOID service or on any updated mobile number subsequently provided by You on the Automotiveng Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages.
  • Automotiveng will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that You shall have received the information sent from Automotiveng as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the Automotiveng Platform or availing any Automotiveng Services. Automotiveng shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold Automotiveng liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
  • The SMS/e-mail alert/push notification service provided by Automotiveng is an additional facility provided for Your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that You observe any error in the information provided in the alert, Automotiveng shall be immediately informed about the same by You and Automotiveng will make best possible efforts to rectify the error as early as possible. You shall not hold Automotiveng liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by You on account of the SMS/e-mail alert/push notification facility.
  • The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. Automotiveng shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
  • You will indemnify and hold harmless Automotiveng and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which Automotiveng or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by You or improper or fraudulent information provided by You; (ii) incorrect number or a number that belongs to an unrelated third party provided by You; and/or (iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus schedule, delay, and/or rescheduling from Automotiveng and/or the SMS/e-mail service provider.

USE OF AUTOMOTIVENG

You understand that except for information, products or services clearly indicated as being supplied by Automotiveng, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that Automotiveng cannot and does not guarantee or warrant that files available for download through the Automotiveng Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy Your particular requirements of Internet security and for accuracy of data input and output.

Disclaimer; No Warranties

To the fullest extent permissible pursuant to applicable law, Automotiveng and its third-party partners disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from Automotiveng or through the Automotiveng Services or the Automotiveng Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term “Automotiveng” includes Automotiveng officers, directors, employees. You acknowledge that Automotiveng is a reseller of mobile recharges and is not liable for any third party (telecom companies, mobile operators or suppliers) obligations due to rates, quality and all other instances, whether to any such telecom companies’ subscribers or otherwise. You expressly agree that use of the Automotiveng Services on the Automotiveng Platform is at Your sole risk. It is Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. Automotiveng does not warrant that the Automotiveng Services will be uninterrupted or error-free or that defects in the site will be corrected. The Automotiveng Services and the Automotiveng Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. Automotiveng, and its partners do not warrant that the data, Automotiveng software, functions, or any other information offered on or through the Automotiveng Services/Automotiveng Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Automotiveng and its licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the Automotiveng Services/Automotiveng Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through the Automotiveng Services/Automotiveng Platform or any reference sites/platforms/apps/services at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will Automotiveng be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Automotiveng Platform.

Ownership; Proprietary Rights

The Automotiveng Services and the Automotiveng Platform are owned and operated by Automotiveng. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Automotiveng Services and the Automotiveng Platform provided by Automotiveng (hereafter Materials) are protected by Nigeria copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and Automotiveng, all Materials, trademarks, service marks, and trade names contained on the Automotiveng Platform are the property of Automotiveng. You agree not to remove, obscure, or alter Automotiveng or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Automotiveng Services/Automotiveng Platform. Except as expressly authorized by Automotiveng, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Automotiveng reserves all rights not expressly granted in this Agreement. If You have comments regarding the Automotiveng Services and/or the Automotiveng Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to Automotiveng, and shall assign to Automotiveng, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

Modification of this Agreement

Automotiveng reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the Automotiveng Platform or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to Your use of the Automotiveng Platform, availing the Automotiveng Services or for payment transactions initiated after the posting date. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the Automotiveng Services/Automotiveng Platform. For certain changes, Automotiveng may be required under applicable law to give You advance notice, and Automotiveng will comply with such requirements. Your continued use of the Automotiveng Platform following the posting of changes will mean that You accept and agree t o the changes.

Notice

Automotiveng may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Automotiveng Platform or by any other reasonable means. Except as otherwise set forth herein, notice to Automotiveng must be sent by courier or registered mail  [email protected], ,

Waiver

The failure of Automotiveng to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Automotiveng.

Dispute Resolution

If any dispute, controversy or claim arises under this Agreement or in relation to any Automotiveng Service or the Automotiveng Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Automotiveng may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Nigeria Arbitration & Conciliation (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be New Lagos and the language of this arbitration shall be English. Either You or Automotiveng may seek any interim or preliminary relief from a court of competent jurisdiction in New Lagos necessary to protect the rights or the property belonging to You or Automotiveng (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor Automotiveng may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and Automotiveng. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.

Governing Law and Forum for Disputes

Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against Automotiveng must be resolved by a court having jurisdiction in New Lagos, Nigeria. You agree to submit to the personal jurisdiction of the courts located within New Lagos, Nigeria, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.

Severability

If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

Survival

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.

Headings

The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement

This Agreement is the entire agreement between You and Automotiveng relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by Automotiveng in accordance with the terms of this Agreement.

Bill Payments and Digital Products Terms & Conditions

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Automotiveng website located at Automotiveng.ng, and all associated sites linked to Automotiveng.ng , or the Automotiveng mobile application or any similar platform (hereinafter collectively, the Automotiveng Platform) run by AME Communications Limited, having was registered

COPYRIGHT, AUTHORS’ RIGHTS AND DATABASE RIGHTS

All content included in or made available through any Automotiveng Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Automotiveng or its content suppliers and is protected by Luxembourg and international copyright, authors’ rights and database right laws. The compilation of all content included in or made available through any Automotiveng Service is the exclusive property of Automotiveng and is protected by Luxembourg and international copyright and database right laws.

You may not extract and/or re-utilise parts of the content of any Automotiveng Service without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of any Automotiveng Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Automotiveng Service (e.g. our prices and product listings) without our express written consent.

Trademark Information

the Automotiven logo, and other Automotiveng brand names and logos are trade-marks of Automotiveng Limited. All other company names, brand names and logos used on Automotiveng are the trademarks of their respective owners. You agree not to display or use in any manner any of the trade-marks without express written permission from Automotiveng or the trade-mark owner.

MISCELLANEOUS

The Terms and the relationship between you and us shall be governed by the laws of the Federal Republic of Nigeria. Any claim you may have against us must be submitted to the exclusive jurisdiction of the courts of the Federal Republic of Nigeria.

These Terms and the other policies posted constitute the complete and exclusive understanding and agreement between you and us (Automotiveng) and govern your use of the Platform superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment or transfer by you shall be null and void.

Data Privacy

  1. Buyers agree to processing of their personal data in accordance with the terms of Automotiveng Privacy and Cookie Notice
  2. Automotiveng shall process all personal data obtained through the marketplace and related services in accordance with the terms of our Privacy and Cookie Notice and Privacy Policy.
  3. Sellers shall be directly responsible to buyers for any misuse of their personal data and Automotiveng shall bear no liability to buyers in respect of any misuse by sellers of their personal data.

Assignment

  1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these general terms and conditions.
  2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these general terms and conditions.
  3. Third party rights
  4. A contract under Automotiveng general terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party
  5. The exercise of the parties’ rights under a contract under these general terms and conditions is not subject to the consent of any third party
  6. Law and jurisdiction
  7. These general terms and conditions shall be governed by and construed in accordance with the laws of the territory.
  8. Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of the territory
  9. Our company details

The Automotiveng Online marketplace is operated from Heart of  THEGabriel SecuritySystem  Automotiveng Nigeria Limited. We are registered in Nigeria under registration number RC 1732237, and our head office is  liasu road, ikotun, Lagos. You can contact us by using our marketplace contact form

we exists to create a world where shopping for a car is uplifting, our digital automotive marketplace (PREMIUM PLATFORM) helps all kinds of Automotives shoppers consider there choices from every angle
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