TERMS OF USE

 

This is a legal agreement between you and Dazzled Cars (hereafter referred to as “Dazzled Cars” or the holding company “Sedignex Limited”) stating the terms that govern your use of the SERVICE. The “SERVICE” this agreement refers to includes but is not limited to any website, mobile phone application, Facebook page, Twitter account and any other technology or service delivery means that Dazzled Cars provides or utilises. By accessing and using the SERVICE you agree to these terms. If you do not agree to these terms do not use the SERVICE. You must accept and abide by these terms as presented to you: changes, additions or deletions are not acceptable and Dazzled Cars may refuse access to the SERVICE for noncompliance with any of the terms of this agreement.

 

1)       Acceptance of terms of use

a.   By accessing or using the Dazzled Cars SERVICE, the Dazzled Cars app, or any applications (including mobile applications) made available by Dazzled Cars (together, the "SERVICE"), however accessed, you agree to be bound by these terms of use ("terms of use"). The SERVICE is owned or controlled by Sedignex Limited ("Sedignex"). These terms of use affect your legal rights and obligations. If you do not agree to be bound by all of these terms of use, do not access or use the SERVICE.

b.     There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these terms of use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these terms of use.

 

2)       Dazzled Cars’ proprietary rights and Material

a.   The copyright in all MATERIAL contained on, in, or available through the app including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other MATERIAL (“MATERIAL“) is owned by or licensed to Dazzled Cars or its group companies. All rights are reserved. You can view, print or download extracts of the MATERIAL for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the MATERIAL without Dazzled Cars express permission.

b.     The trademarks, graphics, sound effects, and logos (“trade marks“) contained on or in the SERVICE are owned by Dazzled Cars or its group companies or third party partners of Dazzled Cars. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the trade marks without the prior written consent of Dazzled Cars or the relevant group company or the relevant third party partner of Dazzled Cars.

c.   Whilst Dazzled Cars takes care to ensure that the MATERIAL on the Dazzled Cars network is correct, current and free from errors, Dazzled Cars does not warrant the accuracy or completeness of or the representations made in the MATERIAL on the Dazzled Cars network or any web site that links from the Dazzled Cars network or any information received as a result of using the Dazzled Cars network. You are responsible for assessing the accuracy of the MATERIAL and rely on it at your own risk.

d.  The SERVICE and MATERIAL made available on the Dazzled Cars network are provided as general information only. The SERVICEs and MATERIAL are not professional, expert or other advice and are not a substitute for such advice; may not be appropriate, correct or sufficient for your circumstances; should not be relied on as the only reason you do or don't do anything; and may not be continually accessible or free from errors or viruses.

e.     You agree to indemnify Dazzled Cars against any liability, loss, claim or demand if Dazzled Cars (or any of its officers, representatives, employees or agents) suffers any loss or damage or incurs any cost in connection with a breach by you (or any of its officers, representatives, employees or agents) of these terms and conditions.

f.       You must keep your username and password to access the Dazzled Cars network secure and confidential and not provide those details to any third party under any circumstance. You represent and warrant to Dazzled Cars that you accept all liability for any unauthorised use of any username and password issued to you.

 

3)       Paid content

a.     Content posted on the SERVICE that requires payment, whether by credit card through the SERVICE or via any other commercial means is paid content ("paid content") and must be paid for by the originator.

b.       Prepaid listings:

                                 i.            Users wishing to list paid content on the SERVICE will be directed to a third-party payment processing site. Upon receipt of a payment confirmation from the third-party payment processing site, Dazzled Cars shall list the paid content to the appropriate section of the SERVICE.

                                ii.            Paid content purchased using Dazzled Cars nominated third-party payment processing site must be paid for with a credit or debit card. You must be authorized to use the payment method you select.

                              iii.            Under no circumstances shall Dazzled Cars be obliged to refund any payments made in respect of prepaid individual listings.

                              iv.            Subject to the rest of these terms of use, there is no limit on the volume of paid content you may post on the SERVICE.

c.        Links to third party sites

i)         If goods and SERVICEs are offered on or through the Dazzled Cars network by third parties (sellers):

(1)     Vehicle prices exclude government and statutory charges (unless otherwise stated);

(2)     You are responsible for making all relevant searches, enquiries and investigations in relation to any listed vehicle including, any written off vehicle register or register of security interests (including the personal property securities register or otherwise);

(3)     Dazzled Cars does not act as any persons agent or broker; arrange any contract between you and any person or; provide any warranty in relation to any persons goods or SERVICEs;

(4)     Dazzled Cars will not be responsible for the terms of any transaction between you and any person; any goods or services purchased by you from any person or; resolving any dispute between you and any person.

d.     Dazzled Cars may augment information supplied by sellers. This information is supplied by third parties and in the case of motor vehicles is based on model and year. Whilst Dazzled Cars requests sellers check this information, it may be possible for information to be inaccurate. Dazzled Cars strongly recommends that you check with the seller that all information in relation to their goods and SERVICE is accurate.

e.       Notification of claims of infringement

                                 i.            It is forbidden to post any content that violates any international, federal, national, local copyright, patent, trademark or other intellectual property laws applicable in the United Kingdom.

                                ii.            Dazzled Cars is not responsible for any content submitted by a user that infringes another’s proprietary rights.

                              iii.            If you are aware of any content that you believe infringes on yours or a third party’s proprietary rights, please contact us.

                              iv.            Please include in any such notice:

i)         A link to the alleged infringing MATERIAL;

ii)       A description of the alleged infringing MATERIAL;

iii)      A statement contesting that the copyrighted MATERIAL was not posted by the holder or permitted licensee of said copyright;

iv)      Your contact details (including email address); and

v)       Your signature (physical or electronic).

                                v.            Dazzled Cars may, but is under no obligation to screen or monitor any content. If notified of content which allegedly does not conform to these terms of use or infringes a third party’s proprietary rights, Dazzled Cars may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the content. Dazzled Cars has no liability or responsibility to users for performance or non-performance of such activities.

 

4)       Privacy policy

a)  We take your privacy very seriously. Dazzled Cars will only use your personal information in accordance with the terms of our privacy policy which is published on our website www.dazzledcars.com. By using the App you acknowledge and agree that you have read and accept the terms of our privacy policy and these Terms.

 

5)       Access and linking to the SERVICE limitations on your usage of the SERVICE

a.  Use of the Dazzled Cars network is for your personal and non-commercial use only. Except for the MATERIAL held in your computers cache or a single permanent copy of the MATERIAL for your personal use you must not without the prior written approval of Dazzled Cars:

ii.        Modify, copy, distribute, transmit, display, perform, reproduce, publish or license any MATERIAL;

iii.      Use or attempt to use any MATERIAL published on the Dazzled Cars network to create any web site or publication or searchable database;

iv.      Mirror or frame any web site or page within the Dazzled Cars network;

v.        Use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any MATERIAL on the Dazzled Cars network or generate or compile any document, index or database based on the MATERIAL published on the Dazzled Cars network;

vi.      Transfer or sell any information, functionality or products or SERVICEs offered on the Dazzled Cars network; or

vii.     Undertake any other action which is in violation of these terms and conditions (or other terms and conditions and policies referred to in these terms and conditions) or any applicable law.

b.    If Dazzled Cars considers, in its absolute discretion, that you or any party related to you (including any agent, representative, contractor or associate) has acted contrary to these terms and conditions or in a manner contrary to Dazzled Cars’ interests, then Dazzled Cars may immediately terminate your right to access and use the Dazzled Cars network at any time and reserves its rights to take any action it deems necessary or desirable to prevent such repeated action and / or further access to the Dazzled Cars network.

 

6)       General, conduct & acceptable use; no spam

a.        You must be at least 13 years old to use the SERVICE.

b.       You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the SERVICE.

c.   You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Dazzled Cars prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Dazzled Cars upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

d.     You agree that you will not solicit, collect or use the login credentials of other Dazzled Cars users.

e.     You are responsible for keeping your password secret and secure.

f.    You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the SERVICE, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

g.    You may not use the SERVICE for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the SERVICE and your content (defined below), including but not limited to, copyright laws.

h.   You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or MATERIALs (collectively, "content") that you submit, post or display on or via the SERVICE.

i.       You must not change, modify, adapt or alter the SERVICE or change, modify or alter another SERVICE so as to falsely imply that it is associated with the SERVICE or Dazzled Cars.

 

7)       Disclaimer of warranties

a)  The SERVICE, including, without limitation, Dazzled Cars MATERIAL, is provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissible by law, neither Dazzled Cars nor its parent company nor any of their employees, managers, officers or agents (collectively, the "Dazzled Cars parties") make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the SERVICE; (b) the Dazzled Cars content; (c) user content; or (d) security associated with the transmission of information to Dazzled Cars or via the SERVICE. In addition, the Dazzled Cars parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.

b)  The Dazzled Cars parties do not represent or warrant that the SERVICE will be error-free or uninterrupted; that defects will be corrected; or that the SERVICE or the server that makes the SERVICE available is free from any harmful components, including, without limitation, viruses. The Dazzled Cars parties do not make any representations or warranties that the information (including any instructions) on the SERVICE is accurate, complete, or useful. You acknowledge that your use of the SERVICE is at your sole risk. The Dazzled Cars parties do not warrant that your use of the SERVICE is lawful in any particular jurisdiction, and the Dazzled Cars parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction's law is applicable to you and these terms of use.

c)   By accessing or using the SERVICE you represent and warrant that your activities are lawful in every jurisdiction where you access or use the SERVICE.

d)     The Dazzled Cars parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.

 

8)       Limitation of liabilities

a)    Under no circumstances will the Dazzled Cars parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the SERVICE; (b) the Dazzled Cars content; (c) user content; (d) your use of, inability to use, or the performance of the SERVICE; (e) any action taken in connection with an investigation by the Dazzled Cars parties or law enforcement authorities regarding your or any other party's use of the SERVICE; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the SERVICE's operation; or (h) any damage to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Dazzled Cars parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the SERVICE). In no event will the Dazzled Cars parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will the Dazzled Cars party’s total liability to you for all damages, losses or causes or action exceed one hundred United States dollars ($100.00).

b)    You agree that in the event you incur any damages, losses or injuries that arise out of Dazzled Cars acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, SERVICE, property, product or other content owned or controlled by the Dazzled Cars parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, SERVICE, or other content owned or controlled by the Dazzled Cars parties.

c)     By accessing the SERVICE, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive any applicable legislation form the United Kingdom and any similar law of any state or territory, which provides as follows: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

d)   Dazzled Cars is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

 

9)       Indemnity

You (and also any third party for whom you operate an account or activity on the SERVICE) agree to defend (at Dazzled Cars’ request), indemnify and hold the Dazzled Cars parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the SERVICE or those conducted on your behalf): (i) your content or your access to or use of the SERVICE; (ii) your breach or alleged breach of these terms of use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Dazzled Cars in the defence of any claim. Dazzled Cars reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Dazzled Cars.

 

10)   Termination of access to the SERVICE

Service suspension: Dazzled Cars reserves the right to suspend or cease providing any SERVICEs relating to the SERVICE published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.

11)   Enforcement of terms of use

a)  Dazzled Cars reserves the right to take steps Dazzled Cars believes are reasonably necessary or appropriate to enforce and/or verify compliance with any of these Terms of Use (including, but not limited to Dazzled Cars’ right to cooperate with any legal process relating to your use of the Website, and/or a third party claim that your use of the Website is unlawful and/or infringes such third party’s rights). You agree that Dazzled Cars has the right without liability to you to disclose any registration data and/or account information to law enforcement authorities, government officials and/or third parties, as Dazzled Cars believes is reasonably necessary or appropriate to enforce and/or verify compliance with any of these Terms of Use (including, but not limited to Dazzled Cars right to cooperate with any legal process relating to your use of the Website, and/or a third party claim that your use of the Website is unlawful and/or infringes such third party’s rights).

 

12)   Governing law & dispute resolution

These terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English courts.

If any provision(s) of these terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.

a.     Arbitration notice

Except if you opt-out and except for certain types of disputes described in the arbitration section below, you agree that disputes between you and Dazzled Cars will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.

Except if you opt-out or for disputes relating to: (1) your or Dazzled Cars’ intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the api terms; or (3) violations of provisions 13 or 15 of the basic terms, above ("excluded disputes"), you agree that all disputes between you and Dazzled Cars (whether or not such dispute involves a third party) with regard to your relationship with Dazzled Cars, including without limitation disputes related to these terms of use, your use of the SERVICE, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American arbitration association's rules for arbitration of consumer-related disputes and you and Dazzled Cars hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor Dazzled Cars will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Dazzled Cars is a party to the proceeding. This dispute resolution provision will be arbitrated by a mutually agreeable body. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these terms of use.

You may opt out of this agreement to arbitrate. If you do so, neither you nor Dazzled Cars can require the other to participate in an arbitration proceeding. To opt out, you must notify Dazzled Cars in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:  Dazzled Cars c/o Sedignex Limited, Unit 117, Orion Mall, Palm St, Mahe, Seychelles. You must include your name and residence address, the email address you use for your Dazzled Cars account, and a clear statement that you want to opt out of this arbitration agreement.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Dazzled Cars.

b.    Time limitation on claims 

You agree that any claim you may have arising out of or related to your relationship with Dazzled Cars must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

13)   Modifications to terms of use

a.   Dazzled Cars reserves the right at any time and from time to time to update, revise, supplement and otherwise modify these Terms of Use and to impose new and/or additional rules, policies, terms and/or conditions on your use of the SERVICE (collectively referred to as “Additional Terms”). Such Additional Terms will be effective immediately and incorporated into these Terms of Use. Your continued use of the SERVICE constitutes your acceptance of all such Additional Terms. Any Additional Terms are hereby incorporated into these Terms of Use by this reference.