These General Terms and Conditions apply to all business relationships between Car VX Limited ("CAR VX") and its customers unless a separate, written agreement is entered into. Please read this document carefully. It contains important information about the customer`s rights and obligations, as well as limitations and exclusions that apply to the customer.
Carvx.jp (Site) is owned and operated by Car VX Limited (we, us) and provides the customers of the Site (The customers) with vehicle information and reports (Reports) through our online information service (Vehicle Information Service).
1) Application of Terms
These terms and conditions constitute the terms of use (Terms of Use) and govern the customer`s access to, and use of, the Site and the Vehicle Information Service unless additional specific terms apply. The customer`s use of the Site and the Vehicle Information Service indicates the customer accept the Terms of Use. We may change the Terms of Use by publishing those changes on the Site. If the customer does not agree with the Terms of Use and/or any changes to them that we publish, the customer must not use the Site or the Vehicle Information Service.
2) Term
The representations of CAR VX’s services and products available through its website do not constitute a binding offer. With a customer’s order, the customer submits a binding offer for the formation of a contract. Following the order CAR VX will process the customer’s order and send a confirmation email to acknowledge the receipt of the customer’s order. This acknowledgement of receipt does not constitute an acceptance of the order. The order is accepted with a separate notification or with the provision of the requested goods or services. CAR VX sends the order information and the terms and conditions to the customer by email. The customer can obtain the Terms and Conditions at any time.
3) Privacy Policy Acknowledgement
The customer agrees he/she has read and understood our Privacy Policy. The customer must comply with the Privacy Policy (as revised by us from time to time). However, the Privacy Policy does not form part of these Terms of Use. To the extent of any inconsistency, these Terms of Use prevail.
The customer`s use of the Site is evidence of the customer`s consent to the collection, storage, use and dissemination or disclosure of any Personal Information the customer provides to us (including name, email address, date of birth, gender and postcode).
4) Collection and Use of Personal Information for Other Purposes
The customer agrees that we may collect and use the customer`s Personal Information as a The customer and the activities of The customers on the Site. We may also collect anonymous depersonalised information (i.e. information that does not identify a customer). We use anonymous and Personal Information about the activities of individual customers of the Site by tracking their username (Collected Information). The Collected Information (all or some of it) may be used for marketing purposes. Where that occurs, the Collected Information will be disclosed to our corporate partners, who may contact the customer about goods and services that maybe of interest to the customer.
The customer expressly agrees that:
(a) we can use the Collected Information for our own statistical analysis purposes, such as (i) to determine the most popular Reports and results on the Site and (ii) to assist us enhance the functionality of the Site; and (b) we can use and disclose the customer`s Personal Information to contact the customer about other goods and services that are available from us or any of our corporate partners.
5) Ownership of Content on the Site
The customer acknowledges that all materials displayed on the Site, including without limitation all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks (including the name "CAR VX") on the Site (Content) are owned by us or licensed to us and are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Site. The customer must not use, adapt, modify, reproduce, store, distribute, print, display, publish, create derivative works, download onto a computer, upload to a third party, post, transmit or distribute the Content.
Even if Content is delivered to the customer in a form that is technically able to be modified, delivery of Content in that form is not a grant of permission to modify that Content unless expressly noted at the time of delivery.
6) Access to the Site
The customer may view the Site using the customer`s web browser and save an electronic copy, or print out a copy, of parts of the Content without modification solely for the customer`s own personal use, information, research or study. The customer must not access or use the Site or the Content in any manner or for any purpose which is illegal or prohibited by any laws that apply to the customer or violate our rights in any way or is otherwise prohibited by these Terms.
The customer must take the customer`s own precautions to ensure the customer`s use of the Site does not expose the customer to the risk of viruses, malicious computer code or other forms of interference which may damage the customer`s own computer system. We do not accept responsibility for any interference or damage to the customer`s own computer system or data which arises in connection with the customer`s use of the Site.
7) Availability
The customer acknowledges that the Vehicle Information Service is supplied online over communications links and other networks, and that the availability of the Site and the Reports rely on the availability of those links and networks. We will take reasonable steps to ensure that any Vehicle Information Service that we choose to provide is available, but we are not responsible if the links or networks are unavailable at any time, and we do not guarantee that the Site, the Vehicle Information Service or the Reports will be continuously available.
8) Procedures
The customer agrees to comply with these Terms and follow any procedures and other instructions we provide when the customer use the Vehicle Information Services. The customer agree to keep any user name, password or other identifier we give the customer for the Site and/or the Vehicle Information Service (Identifier), confidential and secure. The customer agrees that any Identifier will not be transferred or disclosed to any third party and the customer will tell us if it is no longer required. The customer is responsible for all use of any Identifier and any liability that is incurred or arises through use of the customer`s Identifier. If we ask the customer to, the customer agrees to stop using an Identifier or use a replacement Identifier we give the customer.
9) Supply of Reports
We will supply each Report to the customer after we accept the customer`s request for the particular Report.
10) Vehicle Buyback Guarantee
When the customer purchase a CAR VX Report, the customer will automatically receive Vehicle Buyback Guarantee on a qualifying vehicle in accordance with and subject to the CAR VX Buyback Guarantee terms and conditions.
11) Ownership of Reports
The customer acknowledges that we, together with our licensors, own all intellectual property rights (including without limitation all copyright in the layout and manner in which the information in the Reports is compiled) and nothing in these Terms of Use transfers any ownership in the Reports to the customer. The customer acknowledges that the Reports may include information that is licensed to us by third parties.
12) Use of Reports
The customer agrees that the Reports are provided to the customer strictly for the customer`s personal use and solely for the purpose for which they are supplied.
If we deliver Reports to the customer electronically, the customer are permitted to retain one electronic copy of the Report on the customer`s personal computer. The customer are also entitled to print one hard copy of the Report for the customer`s file. Other than the permissions granted in this paragraph, the customer may not use, reproduce, modify, adapt, transfer, re-sell, re-package or otherwise re-use all or any part of a Report in any way or for any purpose.
If the customer is a business entity, in addition to the permissions granted in the paragraph above, the customer may print three copies of the Report for display at the customer`s premises and provide hard copies of the Report to potential purchasers.
13) Our Charges
The customer acknowledge that we have no obligation to provide Reports to the customer until:
(a) the customer submits the customer`s order for a Report using the [online form]; and
(b) the customer provides us with a valid credit card number for payment that will be processed at the time of ordering; and
(c) the customer`s payment for that Report is successfully processed.
The customer acknowledges that the customer`s payment details for Reports ordered through the site are received by us and we may provide them to a third party solely for the purpose of processing the customer`s payment. That third party will process the customer`s payment and the customer must agree to the terms and conditions of any third party payment processor before the customer`s payment will be accepted.
14) Disclaimer
15) Limitations on Liability
Information and products or services offered on this web site are provided "as is" without any express or implied warranty of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement. In no event will CAR VX be liable to any party for any damages of any kind, including but not limited to direct, indirect, special or consequential damages arising out of the use or inability to use this web site, or any linked web site, including without limitation, lost profits, loss of use, business interruption, or other economic losses, loss of programs or other data, whether in an action of contract, negligence or other tortious action, even if CAR VX is advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of warranties or damages.
In no event will CAR VX warrant or guaranty the correctness, comprehensiveness, completeness, accuracy, timeliness, merchantability or fitness for any particular use or purpose of any information, products, or services on this web site.
The information, products, and services available on this Web site may include technical inaccuracies or typographical errors.
16) Termination
We may terminate the customer`s access to this Site at any time without reason and without notice. The Terms of Use survive any such termination.
17) Governing Law
The Terms of Use are governed by the laws in force in Hong Kong. The customer agree to submit to the exclusive jurisdiction of the courts in Hong Kong.
Terms and Conditions
