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Terms and Conditions

General

MotorWorld Africa will not give out any personal or business information to third parties, unless required to do so by law, or for shipment purposes.

We will not sell, give or exchange your information with any other business except with your express permission.

From time to time we may undertake to send you details of promotions or specials, however this will be done by us only.

Regards,
Management,

MotorWorld Africa

Part 1: General.

Section 1: Applicability

MotorWorld Africa(hereinafter referred to as "the company") hereby establishes the following rules and regulations (hereinafter referred to as "(the) terms") for persons utilizing the company's services as an agent to supply used cars and other items (hereinafter referred to as "(the) users" and "(the) service" respectively).

Section 2: Scope of and Changes to the Terms

  1. The Terms apply to the company and to users of the service. Both the company and users shall strictly adhere to the Terms in a sincere manner.
  2. Where changes are made in the Terms, the company will notify current and previous users of such changes. If users do not indicate that they do not accept changes when they next use the service, or within one week of notification of said changes, users will be deemed to have accepted the changes.
  3. Where one or more Sections or parts of Sections contained within these Terms is deemed ineffective or not executable, the remainder of the Sections or parts of Sections as well as the Sections or parts of Sections deemed ineffective or not executable will remain fully in force. The company and/or the user will legitimize the Section or part of Section deemed ineffective or not executable and revise it as necessary in order to facilitate enactment.

Section 3: User Notification

  1. Except where otherwise stipulated in the Terms, users are notified by the company via e-mail, via announcements on the service website, or by other means deemed appropriate by the company.
  2. Where notification as described in (1) above is carried out by e-mail, said notification is deemed complete when the e-mail is sent to the user's last known e-mail address.
  3. Where the notification in (1) above is carried out via announcements to the service Website, user notification is deemed complete once it has been posted to the Website and users accessing the service can view the posting.
  4. Once notification as in (2) or (3) above has been completed, any information contained in said notification is effective immediately.
  5. Users are under obligation to read any notification from the company made be e-mail without delay. User reading an e-mail is defined as the user displaying the mail delivered to their server on their screen, carefully reading the content, and verifying that it has been understood.
  1. The enactment, validity, execution, interpretation, etc. of these Terms are subject to the laws of Japan.
  2. The language of operation for the company is English, therefore the original English document pertaining to these Terms takes legal precedence. No changes in enactment, validity, execution, interpretation, etc. are effective with respect to translation of the document into other languages.

Section 5: Court Jurisdiction

  1. If there is any disputes between user(s) and the company with regard to the service and/or any contracts concluded through the service, the parties concerned agree to attempt to settle such disputes in a sincere manner through discussion.
  2. If the dispute(s) cannot be resolved through discussion between the parties concerned, either the Nagoya District Court or the Nagoya Summary Court holds first and exclusive jurisdiction over the dispute.

Section 6: Making Changes to Registration Information

  1. Should changes occur in user information such as name, address, telephone number, and other information provided to the company at the time of application, users must immediately report such changes to the company.
  2. The company is not liable for any damages incurred by the user or a third party due to failure to inform the company of the changes in user information noted above.
  3. Where the user neglects to inform the company of changes in registered information, the user understands that the company will deem any notification sent to have been received by the user at the time it is supposed to be received, even if said notification returns to the company as undeliverable, as the notification will be sent as indicated in the information previously provided to the company by the user.

Section 7: Restrictions

The following actions are prohibited of users of this service.

  1. Actions that infringe company or third party copyrights or other rights, or actions that pose a threat to such rights.
  2. Actions that infringe upon the company's assets or its privacy, or actions that pose a potential threat to such rights.
  3. In addition to numbers (1) and (2) above, actions that cause loss or damage to the company or a third party, or actions that pose a potential threat of such loss or damage.
  4. Transfer of rights stipulated in the Terms to a third party.
  5. Actions resulting in the defamation of the company or a third party.
  6. Actions that run counter to public order and or the action of providing information that runs counter to public order and morals to a third party.
  7. Illegal actions or actions related to illegal actions, or actions that could potentially lead to illegal actions.
  8. Utilizing the service as a third party.
  9. Falsifying or suppressing company or third party information through access of the service.
  10. Utilizing harmful software programs such as viruses through the service or in conjunction with the use of the service, or providing any such programs.
  11. Utilizing the service in order to cause significant interference to the use of the service by other users, either directly or indirectly.
  12. Actions leading to the inconvenience or loss for the company or a third party, actions that may interfere with the service, or actions that impede operation of the service.
  13. Actions that may promote any of the above actions including linking to sites that carry out the above actions (including sites for the promotion of pornography, or where said actions are carried out by a third party).

Section 8: Copyrights

  1. Users may not utilize any information or files accessed via the service by any means whatsoever without the permission of the copyright holder for any purpose besides individual personal use.
  2. Users may not, by any means whatsoever, have third parties utilize or disclose information or files obtained through the use of the service without the permission of the copyright holder.
  3. Should any disputes arise due to violation of the rules stipulated in this Section, the user is responsible, financially and otherwise, for the resolution of such disputes. The company will not be held liable in any way, and the user will not cause loss to the company.

Part 2: Information Pertaining to Sales Contracts

Section 9: Regarding Estimates for Vehicles

  1. Users who wish to obtain an estimate for used cars (hereinafter referred to as "goods") can request the estimate via the service by means specified by the company by entering the required information (name, address, e-mail address, etc.).
  2. Estimates will be sent within two working days only for users that complete the required information as stipulated under the rules of the service. Should a user be unable to obtain an estimate due to incorrect or incomplete information, etc., and as a result incurs loss such as damage or conflict, the user is responsible, both financially and otherwise, for resolving any disputes arising. The company will not be held liable in any way, and the user will not cause loss to the company.

Section 10: Conclusion of a Contract

  1. Users wishing to purchase vehicles from the company through the company's service should remit the amount indicated in the estimate plus company fees (described in Section 10) by telegraphic transfer (TT), or credit card processing or should remit the funds to a specified account by other means of settlement as stipulated by the company in Japanese yen. Users are responsible for any bank fees incurred in the remittance of funds.
  2. Once payment has been made by the user and confirmed by the company, and the user (hereinafter referred to as the client) and the company both agree to the sale of the previously agreed upon vehicle, the client is promptly notified by e-mail, or other means deemed appropriate by the company, that the contract has been concluded. Users who have made remittances are assumed to have understood and agreed to the estimate.
  3. It is the responsibility of the client to research in advance any import regulations in their own country, and to report these to the company. Further, the client is responsible for paying all taxes assessed in their country.
  4. It is the sole responsibility of the client to abide by any import restrictions, guidance and instructions from the relevant authorities that arise from neglecting to proceed as described in (3) above, and the client will not hold the company liable in any instance whatsoever. Further, the client is liable for any resultant damages incurred by the company, while the company bears no liability for any such damages.

Section 11: Termination of Contract

  1. Even where the contract has been concluded as described in Section 10, the company reserves the right to terminate the contract where the vehicle cannot be delivered for reasons related to import restrictions, guidance or instructions, etc., from the relevant authorities, where the client has made false statements or has performed illegal acts, or where it is recognized that the contract is rendered impossible to execute due to actions of the client.
  2. In instances as described in (1) above, any funds remitted or payments made to the company will be returned to the client less the company fees. Any bank fees arising as a result are paid by the user, and the company pays no interest whatsoever on funds held through the date of refund. Further, where any actual costs arise through the period up until the refund is made, any such costs are the responsibility of the user, and the company bears no such costs whatsoever.

Section 12: Forwarding and Shipping

Once the contract has been concluded with the client and the appropriate paperwork (Japanese export customs administration, shipping arrangements, etc.) completed, the client will be promptly notified of shipping details as described in Section 3 (notification).

Section 13: Refunds

  1. Refunds are made only where there is a reasonable basis for such action, such as where agreement is not reached on a contract for the payment concerned.
  2. Refunds may also be given where both parties agree, even where no reasonable basis as described in (1) above is recognized.
  3. Bank fees assessed on remittances related to refunds as described in (1) and (2) above are paid by the client, except where the company is largely responsible.

Section 14: Transfer of Property Rights on Goods

  1. The timing of transfer of property rights between the company and the client is governed by the International Commercial Terms (InCoTerms) set forth by the International Commercial Terms (ICC), as noted on the estimate at the time the contract is concluded (see Section 10). Ownership of goods purchased under F.O.B. quote and the "C" terms (CIF, CFR, and C&I) is transferred when the vehicle is purchased. In other cases, transfer timing is determined by the company and the transferee based on individual circumstances.
  2. Where the company and the client agree to conditions other than the above, their agreement takes precedence.

Section 15: Transfer of Risk

  1. The ICC's InCoTerms apply to the timing of transfer of risk on goods between the company and the client, as noted on the estimate at the time the contract is concluded (see Section 10).
  2. Where the company and the client agree to conditions other than the above, their agreement takes precedence.

Section 16: Product Liability

Company sales are based on as-is condition at the time of sale. While the company does its utmost to purchase mechanically sound vehicles, the company bears no liability whatsoever for problems, including failure and/or accidents, with client purchases of goods where such problems arise from breakdown, defects etc. that are the responsibility of the commodity manufacturer (hereinafter referred to as "the manufacturer"). Further, the company holds no liability for damages so incurred by any third parties.

Section 17: Defect Liability

  1. As described in Section 14, once property rights have been transferred, the company is in no way liable for damages incurred by the client, including defects or failure. Further, the company holds no liability for damages so incurred by any third parties.
  2. The company and client may agree to conditions other than the above, in which case their agreement takes precedence.

Section 18: Cost Burden

  1. The company is in no way liable for costs related to failure or accidents stemming from defects, for defects or failures that are the responsibility of the manufacturer, or for other damages incurred by the client or a third party. The client covers the cost burden required to resolve any such issues.
  2. In the extremely rare event that breakdown or other such damages occur as a result of criminal intent or gross negligence on the part of the company, the company will pay all repair and compensatory costs involved, regardless of the rules stipulated in (1) above.
  3. The company and client may agree to conditions other than the above, in which case their agreement takes precedence.

Section 19: Returns

  1. Where a contract is concluded as stipulated above, the company will not allow for any returns once the goods or property rights on such goods have been transferred.
  2. Exceptions to the above may occur where the company is largely responsible.

Part 3: Sundry Issues

Section 21: Termination and Suspension of Website Service

The company may terminate or suspend operation of the service under the following circumstances:

  1. For regular or emergency system maintenance or work on the website server or website itself, or under unavoidable conditions such as a company system failure.
  2. Where due to war, civil unrest, rioting, labor disputes, earthquake, volcanic eruption, floods, tsunami, fire, blackout, system failure due to hacking or a computer virus, or other emergency conditions, the service cannot be operated as usual.
  3. Where so restricted or order by a government agency, or where the services of other electronic communications companies have been terminated or suspended.
  4. Under any other circumstances where the company deems temporary suspension necessary to the operation of the service.
  5. The company will inform users in advance when operation of the service is to be terminated or suspended as per the above. Note, however, that this may not be possible in emergency situations.
  6. The company is in no way liable for damages incurred by users or third parties resulting form termination or suspension of the service.

Section 22: Exclusions to Terms

  1. Except where otherwise specified in the Terms, the company is in no way liable for damages incurred by users or third parties through the provision of or delays/changes in, suspension, termination, discontinuance, or abolishment of the service, leakage or loss of information provided through registration with the service or other means, or damage otherwise incurred related to the service.
  2. The above may not necessarily apply in cases where there is criminal intent or gross negligence on the part of the company.
  3. The company makes no guarantees whatsoever in terms of the completeness, accuracy, usability, etc., of the description of the service, or of information obtained by users through the service.
  4. The company makes no guarantees of proper operation of any user equipment or software.
  5. The company is in no way liable for any disputes between users and third parties that may arise through use of the service.