Navigating the digital automotive landscape requires a clear understanding of the terms and conditions that govern online platforms. For users of EV Marketplace by ChinaCrunch, understanding these terms is crucial for a seamless and secure experience. This article provides an in-depth look at the comprehensive Terms and Conditions of Use for the EV Marketplace by ChinaCrunch website, outlining the rights, responsibilities, and limitations for both the platform and its users.
Site Provisions and Services
EV Marketplace by ChinaCrunch operates as an online advertising and research service connecting car buyers, sellers, and enthusiasts. It is important to note that the platform itself does not directly sell vehicles and is not a party to any transaction between buyers and sellers. Consequently, EV Marketplace by ChinaCrunch does not guarantee vehicles or transactions, nor does it handle payment processing or vehicle delivery. Advertisers on the platform may offer special promotions, but EV Marketplace by ChinaCrunch is not responsible for the content or accuracy of these offers. Users are advised to contact the relevant advertiser for complete details. The platform also clarifies that it is not responsible for the accuracy or suitability of third-party products and services information that may be accessed through the site.
Access and Use of the Site
Access to the EV Marketplace by ChinaCrunch site and its services may be subject to occasional interruptions for maintenance or due to force majeure events. Users agree not to employ automated mechanisms like web robots or crawlers to access or scrape data from the Site. Unauthorized alteration, modification, or reproduction of any service is strictly prohibited and constitutes an infringement of intellectual property rights. Using any portion of the Site on another website without prior written permission is also expressly forbidden. Users must not remove or alter any copyright or trademark notices.
User Materials and Interactive Forums
When users submit advertisements, content, photos, or other materials (“Materials”) to the Site, they grant EV Marketplace by ChinaCrunch a royalty-free, perpetual, and non-exclusive license to use, modify, and distribute these Materials in any existing or future media. Users also grant permission to use their name and likeness in connection with the Materials and waive their “moral rights.” Users represent that they own the rights to the Materials they submit, that the Materials are accurate, and that their use does not violate the Terms and Conditions or cause harm. EV Marketplace by ChinaCrunch assumes no liability for Materials posted by users or third parties.
The Site may feature interactive forums, message boards, and chat rooms, accessible only to individuals aged 18 and older. EV Marketplace by ChinaCrunch does not endorse the accuracy of any advice or information posted in these forums. Users must adhere to the Terms and Conditions when posting messages and are prohibited from engaging in “Prohibited Activities.” Uploading copyrighted material without permission can lead to legal liability. Similar to general “Materials,” users submitting to forums represent that they own the rights, the information is accurate, and its use complies with the terms and conditions. EV Marketplace by ChinaCrunch is not responsible for any forum content posted by users.
Trademarks, Intellectual Property, and Copyright
Users acknowledge that EV Marketplace by ChinaCrunch owns the trademarks and service marks used on the Site. Unauthorized use of these marks is prohibited, especially in ways that could cause confusion or imply endorsement by EV Marketplace by ChinaCrunch. Users also agree not to alter any trademark, logo, or copyright notices. All software, including HTML and other code, is the property of EV Marketplace by ChinaCrunch and is protected by intellectual property laws. Unauthorized use of the software is strictly prohibited and may result in severe legal penalties.
EV Marketplace by ChinaCrunch adheres to a policy of responding to intellectual property infringement claims. To report an infringement, a written notification must be provided, including a signature of an authorized person, identification of the copyrighted work, the infringing material, contact information for the complaining party, a good-faith belief statement, and a perjury statement confirming accuracy and authorization.
Representation, Warranty Disclaimer, and Limitation of Liability
Users represent and warrant that they have the authority to submit content, that the content does not infringe on third-party rights, and that it complies with all applicable laws and regulations. Users agree to indemnify EV Marketplace by ChinaCrunch against any claims arising from their use of the Site, violation of terms, or their content.
The Site, software, content, and listing services are provided on an “as is, as available” basis. EV Marketplace by ChinaCrunch disclaims all express or implied warranties, including warranties of merchantability and fitness for a particular purpose. Information regarding vehicles is supplied by sellers or third parties, and EV Marketplace by ChinaCrunch does not verify or warrant its accuracy. All vehicles are subject to prior sale, and any concerns must be addressed with the seller before purchase.
Buyers are solely responsible for custom clearance, necessary documents, and any associated legal fees or taxes. EV Marketplace by ChinaCrunch is not liable for damages resulting from the use of the Site, services, or content. The aggregate liability of EV Marketplace by ChinaCrunch for any claim shall not exceed fifty dollars ($50).
Third-Party Service Providers and Links
The services offered may depend on third-party providers, over whom EV Marketplace by ChinaCrunch has no control and for whom it is not liable. Users should familiarize themselves with the terms and policies of these providers. Platform providers like Apple and Google are not parties to these Terms of Use and have no obligation regarding the mobile applications.
The Site may link to third-party websites, products, or services not owned or controlled by EV Marketplace by ChinaCrunch. The platform is not responsible for the content, policies, or practices of these third parties. Users engage with these external sites at their own risk, and EV Marketplace by ChinaCrunch disclaims all liability for them.
Security, Termination, and Compliance
EV Marketplace by ChinaCrunch does not guarantee that the Site will be free from viruses or unauthorized access. Users are responsible for implementing sufficient security measures and data backup. While encryption is used, the internet is not a completely secure medium.
EV Marketplace by ChinaCrunch reserves the right to terminate or suspend access to the Site or Services if a user violates the Terms and Conditions or engages in fraudulent activity. Monetary damages may not be sufficient, and injunctive relief may be sought. No refunds will be provided in case of termination due to violations.
Use of the Site is at the user’s own risk. Users assume full responsibility for any loss resulting from accessing content and services. EV Marketplace by ChinaCrunch is not liable for indirect, incidental, punitive, or consequential damages.
Prohibited Activities and Privacy
A list of prohibited activities includes submitting offensive content, engaging in activities harmful to minors, harassment, spamming, submitting fraudulent or misleading information, and engaging in unauthorized commercial activities. Users must not solicit passwords or personally identifiable information for unlawful purposes.
The collection and use of personal information are governed by EV Marketplace by ChinaCrunch’s Privacy Notice, which is incorporated by reference.
International Users, Governing Law, and Dispute Resolution
The Site is intended for users in Hong Kong. Access from territories where the Site or Services are illegal is prohibited. Users accessing the Site outside of Hong Kong must comply with all applicable laws and regulations and agree to indemnify EV Marketplace by ChinaCrunch against any claims arising from such use.
These Terms and Conditions are governed by the laws of Hong Kong. Any legal action must be commenced within one year. Both EV Marketplace by ChinaCrunch and users waive their right to a jury trial and agree to resolve disputes through binding arbitration in Hong Kong, according to the Hong Kong Arbitration Rules. Claims must be brought on an individual basis, and class action or representative claims are prohibited.
Changes and Contact Information
EV Marketplace by ChinaCrunch reserves the right to update these Terms and Conditions at any time. Continued use of the Site after updates signifies agreement to the modified terms. Users must discontinue use if they do not agree to the changes.
For any questions or comments regarding these Terms and Conditions, users can contact EV Marketplace by ChinaCrunch via email at legal@china-crunch.com or by mail.
Effective Date: January 1, 2023