Home Search Sell Contact
 

Terms and Conditions - User Agreement

The use of the online services provided by Motovit.com - Romanian Company("Motovit") is governed by the terms and conditions set out below ("this Agreement"). Without limiting the way in which you may be bound by this Agreement, by signing a document agreeing to be bound by this Agreement, by clicking a button or checkbox on your computer screen including your acceptance of this Agreement, or by proceeding to use the Services (as defined below) you will be deemed to have accepted and will be bound by the terms and conditions of this Agreement.

  1. 1. Definitions and Interpretation

    1.1

    In this Agreement, the following terms will have the following meanings, unless the context otherwise requires:

    Amendment Date
    has the meaning given in clause 17.1
    Associate
    means any "associate" of a person as that term is defined in the Corporations Act 2001 (Cth)
    Auction
    means an auction conducted by an Auctioneer for the sale of a vehicle using the auction engine on Motovit.com
    Bonus Credits
    means credits with Motovit which may be exchanged for certain goods and services offered by Motovit but which cannot be redeemed for cash
    Buyer or Bidder
    means a person who offers to purchase a vehicle advertised or sold at auction on Motovit.com from a Seller or Auctioneer
    Fees
    means the fees and charges of Motovit which it applies from time to time in relation to the Services
    Motovit or Moto Vitesse
    means Motovit.com - Romanian Company
    Motovit.com
    means the Motovit website and underlying software and infrastructure which permits the holding of Ads and Auctions
    Indemnified
    has the meaning given in clause 15
    Intellectual Property Rights
    means all intellectual property rights of any type whatsoever throughout the world including all rights which subsist in copyright, patent rights, trademark rights, designs and plant breeder rights, whether or not such rights are registered or able to be registered
    Ad or Advert
    means the advertisement placed by a Seller on Motovit.com for the sale of the Seller's vehicle
    Auction
    means the advertisement placed by an Auctioneer on Motovit.com for the sale of the Auctioneer's vehicle
    Personal Information
    has the meaning given in clause 11.1
    Purchase Price
    means the purchase price bid by the Buyer as the Winning Bidder in an Auction
    Rules
    means the policies, rules and procedures of Motovit in relation to the holding of, or participation in, Auctions or the use of Motovit.com. A copy of the Rules may be found here: Motovit Site Rules
    Sale Agreement
    has the meaning given in clause 5.1
    Seller
    means an owner of a vehicle who wishes to sell that vehicle and who uses Motovit.com to advertise the vehicle for sale by placing a simple ad
    Auctioneer
    means an owner of a vehicle who wishes to sell that vehicle and who uses Motovit.com to sell the vehicle at auction
    Services
    means the services provided by Motovit which are described in clause 2
    User Account
    means an online account with Motovit which enables you to use Motovit.com
    Vehicle
    means a vehicle which a Seller or Auctioneer wishes to sell to a Buyer using Motovit.com
    Winning Bidder
    means a Buyer whose bid in an Auction is the successful or winning bid

    1.2

    In the interpretation of this Agreement, unless the contrary intention appears:

    1. a reference to this Agreement means a reference to an agreement between you and Motovit on the terms and conditions of this document and includes an amendment or supplement to, or replacement or novation of this Agreement;
    2. the words "includes" or "including" mean "includes without limitation" or "including without limitation";
    3. a reference to a person includes a reference to a corporation, firm, association or other entity, and vice versa;
    4. the singular includes the plural and vice versa;
    5. a reference to any gender includes a reference to all other genders;
    6. a reference to any legislation or to any provision of any legislation includes a reference to any modification or re-enactment of or any provisions substituted for such legislation or provisions;
    7. an agreement, representation or warranty made by two or more persons is made by them jointly and by each of them severally;
    8. where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning; and
    9. headings are inserted for convenience only and do not affect the interpretation of this Agreement.
  2. 2. Services Offered by Motovit

    2.1

    Motovit provides an online service, in accordance with and subject to, the terms and conditions of this Agreement, whereby ("Services"):

    1. Sellers and Auctioneers may, via Motovit.com, advertise their vehicle for sale whether by way of an Ad or an Auction;
    2. Buyers may, via Motovit.com, contact Sellers and Auctioneers to offer to purchase their vehicles; and
    3. Buyers may, via Motovit.com, bid in Auctions conducted by Auctioneers.

    2.2

    You, as a user of the Services, may use the Services in the capacity as a Seller/Auctioneer, Buyer or both a Seller/Auctioneer and a Buyer. The terms and conditions of this Agreement will apply to your use of the Services in either or both of those capacities.

  3. 3. Creating a User Account to Use the Services

    3.1 Creating a User Account

    1. You agree to create a User Account with Motovit in order to use the Services.
    2. Your User Account will be created using Motovit's online register process, or any other method specified by Motovit from time to time.
    3. Your User Account will permit you to login to Motovit.com to manage your User Account, make use of Motovit.com and to manage other details involving your relationship with Motovit.
    4. You agree to keep confidential and secure any username or password used to access your User Account.
    5. You warrant that all information provided to Motovit in the setup of your User Account is true and correct in every detail.
    6. All users of the Services must be 18 years of age or older. By creating a User Account, you represent and warrant to Motovit that you are 18 years of age or older and you can form legally binding agreements under applicable law. You may however permit minors under 18 years of age to use your User Account on your behalf provided that you are their parent or legal guardian, and provided that their use of your User Account occurs under your supervision at all times. If you do permit a minor to use your User Account in accordance with the forgoing then you agree that you are responsible for their actions, omissions or negligence and you indemnify Motovit against any loss, cost, expense or damage it may suffer as a result of the same.
    7. You agree to only maintain one User Account in relation to your use of the Services and Motovit.com.
    8. You agree to provide Motovit with all identification documents (including copies of passports and drivers licences) which Motovit requests from you from time to time for the purposes of verifying your identity.

    3.2 Use of Your User Account and Motovit.com

    You agree that you will only use your User Account and Motovit.com for the purposes of using the Services and for no other purpose. In particular, in using your User Account and accessing Motovit.com, you will not:

    1. breach the Rules;
    2. resell or sublicense the use of Motovit.com or your User Account to any other person;
    3. use your User Account in a fraudulent or illegal manner, or email or send any materials from your User Account which are offensive, unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable;
    4. use your User Account to stalk or harass another person;
    5. use your User Account to impersonate any person in any way whatsoever;
    6. use your User Account to infringe the copyright, trademark, patent or other Intellectual Property Rights of any person;
    7. use your User Account for sending advertising, chain letters, junk mail, "spamming" or any other type of unsolicited email;
    8. forge or alter the header or address information contained in any email or communication which you send from your User Account or in relation to the Services;
    9. use your User Account to send or deliver viruses, spyware, malware or other harmful, disruptive, or destructive files;
    10. use your User Account in such a way which damages Motovit.com or denies access to Motovit.com to other users of Motovit.com;
    11. intentionally or recklessly use your User Account in a way that degrades the performance of Motovit.com for other users; and
    12. cancel an Ad or Auction initiated by you (including any cancellation as a result of a termination of this Agreement) for the purpose of contracting separately with a Buyer you meet through Motovit.com which results in you avoiding paying Motovit any Fees. In these circumstances, without limiting Motovit remedies against you, Motovit may recover its lost Fees from you by suspending your User Account.
  4. 4. Auctions

    4.1 Conduct in Accordance with the Rules

    Your participation as a Bidder or Auctioneer in an Auction will at all times be governed by the Rules. You agree that you are bound by the Rules and will comply with the Rules.

    4.2 Advertising by Ad or Auction

    You may, as a Seller or Auctioneer, advertise your vehicle for sale via an Ad or an Auction. You may do so by placing a Listing on Motovit.com and indicating at the time of placement whether the sale of your vehicle will be by way of Simple Ad or Auction. Note that you cannot change the type of sale from Ad to Auction (or vice versa) once the Listing has been posted on Motovit.com.

    4.3 Vehicles You Can Sell

    1. You must only list vehicles for sale which you own and which you are entitled to sell. By creating a Listing for a vehicle, you are warranting to Motovit and to each Buyer that:
      1. you are the owner of vehicle;
      2. the vehicle information provided it's accurate; and
      3. your personal details like name, address, phone, email, etc.. are accurate.
    2. You are restricted from placing Listings to sell vehicles which:
      1. are obscene, vulgar and/or deemed by Motovit to be offensive;
      2. contain material which infringes the Intellectual Property Rights of a third party or which assists others to infringe the Intellectual Property Rights of a third party;
      3. are engaged in activities which contravene the law of any territory; or
      4. contravene any provision of the Rules.

    4.4 Ad and Auction Requirements

    1. In listing your vehicle for Auction or Simple Advertising, you agree to comply with the requirements in relation to Auctions and Ads as set out in these terms and conditions or as set out in the Rules.
    2. When you advertise your vehicle for Auction:
      1. you must specify all details requested by Motovit.com in relation to the Auction;
      2. you must conduct the Auction using the Auction engine provided by Motovit.com;
      3. you must conduct the Auction in accordance with the Rules; and
      4. you must sell your vehicle to the Winning Bidder.
    3. When you advertise your vehicle by Ad:
      1. you must specify all details requested by Motovit.com in relation to the Ad;
      2. you must advertise your vehicle by using the Ad engine provided by Motovit.com; and
      3. you must conduct the sale in accordance with the Rules.

    4.5 Conduct of Buyers

    As a Buyer, you may offer to purchase a vehicle of a Seller or Auctioneer via Motovit.com. Your offer to purchase must be submitted via Motovit.com. In the case of an Auction, your offer to purchase will be submitted as a bid in the Auction. All offers to purchase a vehicle (including an Auction bid) must be made in accordance with the Rules.

    4.6 What must be sold as part of a vehicle

    Any vehicle listed for sale on Motovit.com must come automatically with the following:

    1. all papers and documents of the vehicle;
    2. if specified by the Seller or Auctioneer, all of the Seller's or Auctioneer's rights and obligations in relation to any Third Party Agreements.
  5. 5. Legal Relationship Between Buyers and Sellers or Auctioneers

    5.1 Legal Status of Agreeing to Sell a vehicle

    1. When a Seller or Auctioneer agrees to sell a vehicle to a Buyer (whether by way of Auction or simple Ad) and the Buyer agrees to purchase that vehicle, then that agreement for the sale of the vehicle ("Sale Agreement") will be legally binding on both the Seller/Auctioneer and the Buyer.
    2. An offer to purchase a vehicle, whether made in a simple sale e or as a bid in an Auction, is binding and irrevocable on the Buyer.
    3. In the case of a bid at an Auction, the offer to purchase a vehicle will terminate once a higher bid is made by a third party.
    4. The Buyer's offer to purchase a vehicle will not become binding upon an Auctioneer until it is accepted by an Auctioneer. This includes any bids made by the Buyer in an Auction which must be accepted by the Auctioneer for the bid to be valid.

    5.2 Terms and Conditions of the Sale Between the Seller/Auctioneer and the Buyer

    1. The terms and conditions of the Sale Agreement must be specified by the Seller/Auctioneer to the Buyer at the time of sale and/or negotiated separately between those parties after the Seller or Auctioneer places its listing.
    2. A Seller or Auctioneer may, at the time of placing its Listing, elect to use the Default Sale Terms as the terms and conditions governing the sale of the vehicle. If so, both the Buyer and the Seller/Auctioneer will be bound in relation to the Default Sale Terms.
    3. You acknowledge that in using or agreeing to the Default Sale Terms as the terms and conditions governing the sale and/or purchase of a vehicle:
      1. the Default Sale Terms have merely been provided by Motovit to enable Sellers/Auctioneers and Buyers to efficiently agree on the terms and conditions of the sale without resort to significant negotiation. Consequently the Default Sale Terms may not be appropriate or suitable to the sale or purchase of any particular vehicle;
      2. you use the Default Sale Terms at your own risk and of your own choice. There is no compulsion for you to use or agree to the Default Sale Terms;
      3. you have had the opportunity to obtain independent legal advice in relation to the Default Sale Terms; and
      4. Motovit and its Associates have not in any way provided any legal advice or financial advice in relation to the Default Sale Terms or made any representation or warranty that the Default Sale Terms will be suitable for the sale or purchase of your vehiclee.
  6. 6. No Double Selling

    You agree that if you, as a Seller or Auctioneer, purchase a Listing for your vehicle, then, for the duration of that Listing, you will not advertise or offer to sell the vehicle through any other third party service or make direct approaches to potential purchasers outside Motovit.com. You acknowledge that the purpose of this restriction is to avoid you potentially entering into agreements to sell your vehicle to two or more purchasers at the same time and to help provide Buyers with the assurance that should they purchase the vehicle from you via Motovit.com, they will obtain full title to the vehicle.

  7. 7. Motovit's Role in Relation to Ads and Auctions

    7.1 Motovit.com provides a software engine and website to enable:

    1. Sellers, Auctioneers and Buyers to meet;
    2. Sellers to place Listings to advertise their vehicles for sale; and
    3. Auctioneers to conduct Auctions of their vehicles.

    7.2 You acknowledge and agree that:

    1. Motovit is not an auctioneer;
    2. Motovit does not conduct Auctions on behalf of Auctioneers. All Auctions are conducted by Auctioneers on their own behalf;
    3. Motovit does not facilitate payments between Buyers and Auctioneers;
    4. Motovit and its Associates are not responsible in any way for the compliance by each Buyer or Seller/Auctioneer with the Sale Agreement. Motovit do not guarantee and cannot ensure that a Buyer or Seller/Auctioneer will actually complete a sale of a vehicle or act lawfully in their use of Motovit.com; and
    5. Motovit merely provides the software and website (being Motovit.com) by which Seller's and Auctioneer's may post ads and conduct their own Auctions.

    7.3

    You agree that Motovit is an independent service provider to you and is not the employee, agent, partner, joint venturer or subcontractor of any Seller or Auctioneer or Buyer in relation to the sale of a vehicle. Motovit's only role in that sale is the role set out in clauses 7.1 and 7.2 above.

    7.4

    You agree that you do not have the power to bind Motovit in relation to any obligation owing to a third party. You agree that by using the Services (as Seller or Auctioneer or Buyer) that Motovit, in providing the Services and your access to Motovit.com, is providing a platform for you to be introduced to other Sellers or Auctioneers or Buyers (as the case may be). Motovit is not a party to any transaction or agreement between any Seller or Auctioneer or Buyer and is not responsible for any act or omission of any Seller or Auctioneer or Buyer.

  8. 8. Payments

    8.1 Fees payable by a Seller/Auctioneer

    1. When you, as a Seller/Auctioneer, set up a Listing for the sale of your vehicle, you will pay Motovit its Fees which relate to the setup of the Listing and the sale of the vehicle.
    2. The Fees will be payable at the times specified by Motovit on Motovit.com (which may change from time to time).

    8.2 How the Seller's/Auctioneer's Fees are paid

    The Fees are paid using any method of payment which is specified by Motovit from time to time which may include credit card, PayPal, AlertPay, direct debit, or telegraphic transfer.

    8.3 Motovit is not an escrow service

    Motovit is not an escrow service and does not hold vehicle on behalf of any person. All amounts deposited or paid to Motovit are property of Motovit and Motovit may use those funds as it sees fit. The only rights that you have to receive payment of any amounts held by MOtovit are as set out in this clause 8 or under clause 9.

  9. 9. Processing of Refunds

    9.1 How refunds are paid

    If Motovit issues you a refund, that refund will be paid to you using the same payment methods you used to pay any Fees to Motovit as described in clause b or via any other method Motovit chooses from time to time.

    9.2 Withdrawal of an Ad or Auction

    If you, as a Seller or Auctioneer withdraw an Ad or Auction (where permitted by the Rules), then unless we otherwise expressly state to the contrary, there will be no refund of any amount of the Seller or Auctioneer Fees paid in respect of the Ad or Auction.

    9.3 Circumstances in which a refund may be paid

    1. Motovit may refund an amount of any Motovit Fees paid by you if:
      1. any refund policy in the Rules entitle you to a refund; or
      2. Motovit is required by law or considers that it is required by law to do so.
    2. Motovit's determination as to whether a refund is required by this clause 9.3 is final and conclusive and may not be challenged by you.
  10. 10. SUSPENSION OF THE SERVICES

    10.1

    Without limiting Motovit other rights arising under this Agreement, Motovit may suspend your User Account and your use of the Services at any time, with or without notice to you, and for any reason in its sole and absolute discretion, including if:

    1. Motovit considers that you have breached any of your obligations to Motovit under this Agreement;
    2. Motovit considers that you are using your User Account in bad faith or to collude in any way to reduce the amount of Fees that would ordinarily be payable to Motovit;
    3. you are using your User Account or the Services for illegal or fraudulent means or in a manner which Motovit in its sole discretion considers offensive, unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable; or
    4. in Motovit's sole and absolute opinion, the provision of the Services to you is resulting in an unreasonable load on Motovit servers or Motovit's other services.

    10.2

    You agree:

    1. Motovit may suspend the Services where permitted under clause 10.1 at any time including without limitation, during or after a Listing
    2. Motovit's suspension of the Services may, in Motovit's sole discretion, apply to only some of the Services and/or for a fixed or indefinite period of time; and
    3. Motovit may in its sole discretion reactivate the Services and your User Account for you at any time following their suspension.

    10.3

    During a suspension of your User Account, any Listings (whether for Ads or Auction) will be suspended or terminated (as determined by us in our sole and absolute discretion).

  11. 11. Privacy

    11.1

    Motovit will collect your personal information including your name, contact details and payment details (including, without limitation, credit card details) ("Personal Information"). All Personal Information will be handled, used, maintained and disclosed by Motovit in accordance with all applicable privacy laws and data protection laws as well as its privacy policy which applies from time to time.

    11.2

    You agree that you will only use the Personal Information of other Sellers/Auctioneers or Buyers for the purposes of this Agreement and for the purposes of interacting with them in relation to the sale or purchase of a vehicle. Unless separately agreed between you and another Seller/Auctioneer or Buyer, you must not use their Personal Information for any other purpose.

    11.3

    You warrant to Motovit and its third party providers that you will comply with all privacy laws and data protection laws (including, without limitation, the Romanian Privacy Act 2010 (Cth)) in relation to the storage, use and transfer of Personal Information.

  12. 12. YOUR GENERAL OBLIGATIONS

    You agree that:

    12.1

    you will not use the Services for any illegal or fraudulent purpose or for any purpose other than participating in Auctions or advertising by Ads as an Auctioneer/Seller or Buyer;

    12.2

    you will comply with all laws which must be complied with in relation to a Listing or the sale or purchase of a vehicle;

    12.3

    you will comply with any export restrictions which may apply to the export or import of vehicles;

    12.4

    you warrant that you will not, by engaging Motovit to provide the Services, place Motovit in breach of any law or obligation owing to a third party;

    12.5

    you will not undertake any act or cause any omission which will bring Motovit, its brand or other Sellers/Auctioneers and Buyers into disrepute;

    12.6

    you will not use the Services in a manner that may lead to the suspension of the Services under clause 10.1; and

    12.7

    you will provide Motovit with all information requested by Motovit which Motovit requires to provide the Services.

  13. 13. Term and Termination

    13.1

    This Agreement will commence on the date that you first create a User Account with Motovit and will terminate at the later of the date that:

    1. the User Account is terminated or closed; or
    2. you otherwise permanently cease using the Services.

    13.2

    If after termination or closure of your User Account, your User Account is reactivated or a new User Account is opened, or you otherwise recommence to use the Services, then you will again become bound by this Agreement at that time.

    13.3

    This Agreement and your User Account may be terminated by Motovit at any time for any reason whatsoever with or without notice to you.

    13.4

    This Agreement may be terminated by Motovit immediately on written notice to you if:

    1. you are in default or breach of this Agreement; and
    2. Motovit has provided you with 24 hours written notice of the default or breach and where the breach or default is capable of rectification, you fail to rectify the breach or default within the period of the notice.

    13.5

    Upon the termination of this Agreement:

    1. any Listings which you have placed on Motovit.com will instantly terminate;
    2. Motovit will, within a time period determined by Motovit, withdraw the use of the Services from you;
    3. Motovit may withhold a reasonable portion of any amount payable to you (with such amount to be determined by Motovit in its sole discretion) on account of credit card charge backs, refunds, payments due to third parties on your behalf (if any) or other costs and expenses which may be incurred by Motovit following termination (including as a result of a breach by you); and
    4. within 12 months following termination of this Agreement, Motovit will pay to you the amount withheld under clause d less any portion of that amount used by Motovit to satisfy refunds, credit card charge backs, payments due to third parties or other costs and expense incurred by Motovit either before or after termination.

    13.6

    Clauses 3.2, 9, 11, 13.5, 14, 15 and 16 will survive the termination of this Agreement.

  14. 14. LIMITATION OF LIABILITY AND IMPLIED TERMS

    14.1

    You acknowledge that Motovit and its Third Party Providers have made no warranties that the Services will be error free.

    14.2

    You agree that Motovit and its Third Party Providers will not be liable or responsible for any failure in, or delay to, the provision of the Services or in Motovit complying with its obligations under this Agreement where such failure or delay has a arisen as a direct or indirect result of:

    1. fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or an industrial strike;
    2. denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;
    3. a significant demand is placed on Motovit's services which is above the usual level of demand and which results in a failure of Motovit's software and hardware to function correctly;
    4. the failure of any third party (including without limitation, any bank or other financial organisation) to fulfil any obligations to Motovit; or
    5. any other circumstances or event similar to the above which are beyond the reasonable control of Motovit.

    14.3

    You acknowledge and agree that Motovit and its Third Party Providers shall have no liability or responsibility to you whatsoever for:

    1. any of the events described in clause 14.2; or
    2. any unauthorised use or access of your User Account or Motovit.com.

    14.4

    You acknowledge and agree that Motovit and its Third Party Providers have not made and will not make any express or implied warranties in relation to the Services or any other goods or services provided by Motovit under this Agreement, other than those warranties expressly contained in this Agreement. Subject to clauses 14.7 and 14.8, any term that would be implied into this Agreement, including without limitation any condition or warranty, is hereby excluded.

    14.5

    Subject to clauses 14.7 and 14.8, you agree that Motovit and its Third Party Providers will not be liable in respect of any claim by you (whether contractual, tortious, statutory or otherwise) for any direct, special, incidental, indirect or consequential damages or injury including, but not limited to, any loss of profits, contracts, revenue or data arising out of or in connection with the provision of the Services or the provision of any other goods or services under this Agreement and whether as a result of any breach or default by, or any negligence of, Motovit or its Third Party Providers.

    14.6

    The maximum liability of Motovit under this Agreement for any and all breaches of this Agreement and for any negligence in relation to this Agreement, will not exceed the amount of the Fees paid by you to Motovit.

    14.7

    If the Trade Practices Act 1974 (Cth) (or analogous legislation) applies to this Agreement and permits the limitation of liability for breach of warranty implied by legislation, the liability of Motovit is limited, at the option of Motovit, to:

    1. in the case of goods, any one or more of the following:
      1. the replacement of the goods or the supply of equivalent goods;
      2. the repair of the goods;
      3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
      4. the payment of the cost of having the goods repaired; and
    2. in the case of services:
      1. the supplying of the services again; or
      2. the payment of the cost of having the services supplied again.

    14.8

    Any of the terms and conditions of this Agreement which limit or exclude any term, condition or warranty, express or implied, or the liability of Motovit will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting your statutory rights or remedies arising by virtue of the breach of any implied term of this Agreement where such exclusion, qualification or limitation would be prohibited by legislation.

  15. 15. Indemnity

    You indemnify Motovit, its agents, officers, employees, and Third Party Providers ("Indemnified") against any loss, cost, expense or damage (including legal costs on a full indemnity basis) which any of the Indemnified suffer or incur as a direct or indirect result of:

    1. any breach by you of any representation, warranty or term of this Agreement;
    2. any acts or omissions by you which are described in clause 10.1;
    3. any breach by you of your obligations to a third party, including another Seller, Auctioneer or Buyer;
    4. any infringement by you of the Intellectual Property Rights of a third party; and
    5. any legal proceedings threatened or initiated against Motovit by a third party as a result of the events described in clause 15(a) to (d) above.
  16. 16. Intellectual Property

    16.1

    You acknowledge that Motovit is the owner of all Intellectual Property Rights which subsist in your User Account and Motovit.com . You acknowledge that you have no Intellectual Property Rights in your User Account or in Motovit.com.

    16.2

    Each Seller and Auctioneer warrants to Motovit that its Listing at all times will not infringe the Intellectual Property Rights of a third party.

    16.3

    You acknowledge and agree that Motovit will not be liable or responsible for any breach by a Buyer or Seller or Auctioneer of any Intellectual Property Rights or other rights held by a third party in relation to a Listing.

    16.4

    You hereby grant Motovit a royalty free, irrevocable, worldwide, perpetual licence to display and use the contents of your Listing on Motovit.com.

  17. 17. MISCELLANEOUS

    17.1

    Motovit may amend the terms and conditions of this Agreement at any time. Such amendments will take effect from the date of their notification to you ("Amendment Date"). You agree that without limiting the ways in which it may be bound by such amendments, you will be deemed to have agreed to such amendments by making use of or accessing your User Account or Motovit.com after the Amendment Date.

    17.2

    Unless otherwise requested in writing by you, Motovit may use your corporate identity (if applicable) as part of promoting the Services and Motovit in the market place.

    17.3

    Any notice given under this Agreement must be in writing and must be signed by the party or its agent giving the notice. A notice is taken to be received:

    1. in the case of a notice delivered by hand, when so delivered;
    2. in the case of a notice sent by pre‑paid post, on the third day after the date of posting;
    3. in the case of a notice sent by facsimile, upon the receipt by the sender of a transmission report from the despatching facsimile machine which confirms that the facsimile has been successfully sent; or
    4. in the case of a notice sent by email, upon the receipt by the sender of a confirmation from the recipient or the recipient's email server that the email has been received by the recipient.

    17.4

    This Agreement supersedes all prior representations, arrangements, understandings and agreements between the parties relating to the subject matter of this Agreement and sets forth the entire and exclusive agreement and understanding between the parties relating to the subject matter of this Agreement.

    17.5

    A provision of or a right created under this Agreement may not be waived except in writing signed by the party or parties to be bound by the waiver. No single or partial exercise by any party of any right, power or remedy under this Agreement will preclude any other or further exercise of that or any other right, power or remedy. The rights, powers or remedies provided in this Agreement are cumulative with and not exclusive of any rights, powers or remedies provided independently of this Agreement.

    17.6

    If any provision of this Agreement is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of this Agreement to the intent that the invalid or unenforceable provision will be treated as severed from this Agreement.

    17.7

    Motovit may assign its rights and novate or transfer obligations which arise under this Agreement. You must not assign, novate or otherwise transfer your rights or obligations under this Agreement without the prior written consent of Motovit (which may be withheld).

    17.8

    The parties acknowledge and agree that no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement or part of it.

    17.9

    This agreement is governed by, and must be construed in accordance with, the laws of Romania and the parties irrevocably submit to the exclusive jurisdiction of the courts of the Romania and their Courts of Appeal.

Valid XHTML 1.0 Transitional

Terms and Conditions - User AgreementCopyright © 2011 Motovit. All rights reserved.