VavaCars Terms of Use for Dealership Platform (Pakistan)

  1. About us

    1. Company details. Vava Cars Pakistan (Private) Limited (company number 129609) (we, us and our, VavaCars), is a company registered in Pakistan and our registered office is at 1st Floor, MA Tabba Foundation Building, Gizri Road, Block 9 Clifton, Karachi, Pakistan. Our national tax number is 5365323-0. We operate the website www.vava.cars/pk.
    2. Contacting us. To contact us telephone our customer service team at (021) 111-8282-11 or email infopakistan@vava.cars.
  2. TERMS OF DEALERSHIP PLATFORM USE

    1. These terms of use (the Terms) should be read together with the other applicable terms for dealerships in relation to purchasing Vehicles from us as referred to in these terms. These Terms set out the terms on which you agree to use the dealership sections of our website www.vava.cars/pk/dealer (the Dealership Platform). To use the Dealership Platform you need to register with us and become a registered user (Dealership User).
    2. Use of Dealership Platform includes accessing, browsing or registering to use our Dealership Platform, using the services as provided by Dealership Platform whether via a computer, mobile device or any other means. The Dealership Platform is for the auction and sale by us of used cars, vans and fleet (Vehicle). You should use the Dealership Platform to bid on and purchase Vehicles, and for no other reason.
    3. Please read these Terms carefully before you start using our Dealership Platform. We recommend that you print a copy of them for future reference.
    4. By using our Dealership Platform, you confirm that you accept these Terms and that you agree to comply with them.
    5. If you do not agree to these Terms, you must refrain from using our Dealership Platform.
  3. OTHER APPLICABLE TERMS

    1. These Terms refer to the following additional terms, which also apply to your use of our Dealership Platform:
      1. Our Privacy Policy. Please see our Privacy Policy , which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Dealership Platform you consent to such processing and you warrant that all data provided by you is accurate.
      2. Our Cookies Policy. Please see our Cookies Policy which sets out information about the cookies on our Dealership Platform.
      3. Vehicle Sale Terms. If you purchase a vehicle from us the Vehicle Sale Terms shall apply. No other terms are implied by trade, custom, practice or course of dealing.
    2. Entire agreement. These Terms constitute the entire agreement between us in relation to their subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in these Terms.
    3. Language. These Terms are made in English and Urdu and if there is any inconsistency between the English and Urdu versions, the English version will prevail.
  4. CHANGES TO THESE TERMS

    1. We reserve the right to revise these Terms at any time without notice. The revised Terms will be effective, and will be binding on you from the date that they are posted on our Dealership Platform.
    2. By using the Dealership Platform you agree to these Terms.
    3. Please check this page from time to time to note any amendments that we have made to these Terms. If you continue to use our Dealership Platform, you will be deemed to have accepted the amended Terms.
  5. CHANGES TO OUR DEALERSHIP PLATFORM

    1. We may update our Dealership Platform from time to time and may change the content at any time. We do not guarantee that our Dealership Platform or any other content that we provide on our Dealership Platform will always be up to date at any given time and error or omission free. We do not have any obligation to update the content on our Dealership Platform and ensure it is error or omission free.
  6. REGISTRATION TO USE THE DEALERSHIP PLATFORM

    1. To use and make any bids or purchases from the Dealership Platform, as a dealer or on behalf of a dealership, you must be a Dealership User. You must be over 18 years old to register.
    2. As referred to in our Customer Information (KYC) Policy, on registration you must provide us the documents listed here (Your Documentation), which you can provide to us by email to: infopakistan@vava.cars
    3. Your representative may be required to present some or all of this information each time you collect an Order (as defined below).
    4. We may at any time ask for more information so that we can complete our regulatory checks.
    5. As part of our verification process, we may ask to see originals of any of Your Documentation or ask for additional documentation.
    6. You consent to us using your information for us to carry out our customer due diligence and any necessary credit checks.
    7. Each time you submit an Order (as defined below) on the Dealership Platform you confirm that your registration information remains up-to-date and correct.
    8. It is your responsibility to update us with any changes to your information or Your Documentation during the time you are a Dealership User. We reserve the right to cancel any Order (as defined below) or prohibit you from being registered on our Dealership Platform or to use any of our other services if any of your information is incorrect.
    9. You agree that the information supplied with your registration will be truthful, accurate and complete. You also agree that you will not attempt to register in the name of any other company or individual nor will you adopt any username, which we deem to be offensive. All personal information supplied by you as part of the registration process will be protected and used in accordance with the terms of our Privacy Policy .
    10. If you register for the Dealership Platform and set up or are provided with a username, identification code, password or any other piece of secure login information (the Login Details), you must treat the Login Details as confidential and not disclose these to any third party. You must not share or allow any third party to use your Login Details.
    11. If, in our reasonable opinion, you have disclosed your Login Details to any third party or have failed to comply with any of these Terms, we reserve the right to disable your Login Details.
    12. If you suspect that a third party has obtained your Login Details, please contact us as soon as you become aware at (021) 111-8282-11.
    13. We are not responsible in the event you suffer any loss or damage following any third party use or misuse of your Login Details.
  7. ACCESSING OUR DEALERSHIP PLATFORM

    1. You may access and use our Dealership Platform free of charge if you have registered as a user in accordance with clause 6 above.
    2. We may suspend, withdraw, discontinue or change all or any part of our Dealership Platform at any time without notice to you. We will not be liable if for any reason our Dealership Platform is unavailable at any time for any period. You are responsible for any arrangements necessary for you to have access to our Dealership Platform. You are responsible to ensure that all persons who access our Dealership Platform through your internet connection are also aware of these Terms, and that they comply with them.
    3. We do not guarantee that our Dealership Platform or any content we provide on our Dealership Platform will always be available without interruptions, or always be secure, or be free from bugs, viruses, or other malicious code. You should use your own virus protection software.
  8. PURCHASE OF VEHICLES

    1. As a Dealership User you can purchase Vehicles from the Dealership Platform either by agreeing to pay the “Buy it Now” price for a Vehicle (Buy it Now Offer) or placing a successful bid in a Vehicle auction in accordance with the terms below at clause 9 (Winning Bid).
    2. External finance. We may be able to help you with car finance through third parties. Finance is provided, subject to status. If you would like us to recommend external finance to you, we will pass your details and information on to an external finance provider and you consent to us doing this. We may receive a fee or commission from introducing you to a finance provider. We accept no liability for external finance and all finance (and related liabilities) are provided by a third-party.
  9. CONDUCT OF THE AUCTION

    1. If you wish to participate in an auction, you must be a Dealership User.
    2. Without prejudice to any of our other rights, we at our absolute discretion have the right, without giving any reason, to refuse any bid, to withdraw any Vehicle before the “hammer falls” (whereby the online auction period ends), to divide any lot, or to combine any two or more lots, or to withdraw any lot and/or Vehicle from the auction. We are not bound to accept any offer.
    3. Before bidding on an item you agree that:
      1. You have read the full item listing carefully;
      2. By entering a bid you are expressing a serious interest in the item;
      3. You have checked carefully the amount of your bid before submitting to ensure that your bid does not contain any errors;
      4. You have read these Terms and the Vehicle Sale Terms and agree to their terms; and
      5. You are responsible for promptly paying for the item in accordance with the Vehicle Sale Terms, if you place the highest bid for the item during the period that the item is listed.
    4. We reserve our rights to restrict your use of the Dealership Platform and charge you an administrative fee if you do not pay for items which you have bid on and are the Winning Bid.
  10. PLACING AN ORDER AND ITS ACCEPTANCE

    1. Placing your Order. To purchase Vehicles from us, you must be a Dealership User in accordance with these Terms. An order for Vehicles on our platform can be placed by either you placing a Buy it Now Offer or a Winning Bid, (each an Order). Each Order is an offer by you to buy the Vehicles subject to the Vehicle Sale Terms. By placing your Order with us, you accept the terms of the Vehicle Sale Terms, which can be found here Vehicle Sale Terms.
    2. Correcting input errors. Our Order process allows you to check and amend any errors before submitting a bid or agreeing to buy the item. Please check your Order carefully. You are responsible for ensuring that your Order and any specification submitted by you is complete and accurate.
    3. Acceptance of offer. We will acknowledge receipt of your Winning Bid shortly after the auction period finishes by email. If you place a Buy it Now Offer you will receive a confirmation email from us acknowledging that we have received it. Our acknowledgement of your Winning Bid or Buy it Now Offer is our acceptance of your offer, and a binding agreement to sell the Vehicle will be made between you and us on the terms of the Vehicle Sale Terms.
  11. PERMITTED USE OF THE DEALERSHIP PLATFORM

    1. Prohibited uses. You may use our Dealership Platform only for lawful purposes. You must not use our Dealership Platform:
      1. In any way that breaches any applicable local, national or international law or regulation;
      2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      3. In any way manner that is offensive or abusive;
      4. For the purpose of harming or attempting to harm minors in any way;
      5. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
      6. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or any material designed to interrupt, damage, limit or destroy the accessibility and functionality of our Dealership Platform;
      7. To gain unauthorised access, interfere with, damage or disrupt by any means whatsoever to:
        1. Our Dealership Platform (or any part of) whether public or non-public; and
        2. Any equipment or network on which our Dealership Platform is stored;
        3. Any server connected to our Dealership Platform; and
        4. Any software used in the provision of our Dealership Platform or any equipment or network or software owned or used by any third party.
      8. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
      9. Content standards. Our content standards apply to any and all material that you contribute to our Dealership Platform. Contributions must be accurate where they state facts, be genuinely held where they state opinions, and comply with applicable laws in Pakistan. Contributions must not be:
        1. Defamatory of any person;
        2. Promoting violence;
        3. Threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
        4. Likely to harass, upset, embarrass, alarm or annoy any other person;
        5. Discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age;
        6. Obscene, offensive, hateful or inflammatory;
        7. Infringing any copyright, database right or trademark of any other person;
        8. Likely to deceive any person;
        9. Made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
        10. Promoting any illegal activity;
        11. Used to impersonate any person, or to misrepresent your identity or affiliation with any person; and
        12. Advocating, promoting or assisting any unlawful act such as (by way of example only) copyright infringement or computer misuse.
  12. INTELLECTUAL PROPERTY RIGHTS

    1. All rights, including copyright and trademarks, in the content of any marketing materials provided by us including these web pages and in the photographs of any vehicles displayed on our Dealership Platform or any other marketing materials from time to time and all database rights in our database of vehicles, are owned or controlled for these purposes by us.
    2. All trademarks, brands, names, and logos are the proprietary marks of us. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these Terms in any way confers on you any licence or right under any trademarks, names or logos.
    3. You may not use any of our proprietary marks or information displayed on our Dealership Platform or any other marketing materials. You must not use any part of the content on our Dealership Platform for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our Dealership Platform in breach of these terms of use, your right to use our Dealership Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  13. LIMITATION OF OUR LIABILITY
    1. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the applicable laws in Pakistan.
    2. To the extent permitted by the applicable laws, we exclude all conditions, warranties, representations or other terms which may apply to our Dealership Platform or any content on it, whether express or implied.
    3. We will not be liable to any user for any costs incurred, or loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
      1. Use of, or inability to use our Dealership Platform;
      2. Use of or reliance on any content displayed on our Dealership Platform;
      3. Virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Dealership Platform or to your downloading of any content on it, or on any website linked to it; and
      4. Your use of websites linked from our Dealership Platform.
    4. We will not be liable for any delay or failure to perform any of our obligations under these Terms due to events or other matters beyond our reasonable control.
    5. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  14. YOUR LIABILITY
    1. You will compensate us in full for any losses or costs, including reasonable legal fees, we incur as a result of :
      1. Any breach by you of these Terms;
      2. Fraud and misrepresentation;
      3. Your use of our Dealership Platform in violation of any law; or
      4. Infringement of the rights of another person.
    2. You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Terms by you or any other liabilities arising out of your use of this Dealership Platform, or the use by any other person accessing the Dealership Platform using your account and/or your information.
  15. MISCELLANEOUS
    1. If any term of these Terms is held to be illegal, invalid or otherwise unenforceable, the remaining parts of the Terms will continue to be enforceable.
    2. You may not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms to any other person.
    3. These Terms do not give rise to rights that are enforceable by any person who is not part to these Terms.
    4. If we do not exercise or enforce a right under these Terms against you at any time, this does not prevent us from doing so at a later date.
  16. APPLICABLE LAW
    1. These Terms, its subject matter and its formation, are governed by the laws of the Islamic Republic of Pakistan. The courts of Pakistan will have exclusive jurisdiction in connection with these Terms and your access to and use of our Dealership Platform (including any claims or disputes).
  17. CONTACT US
    1. To contact us about these Terms or Dealership Platform please email infopakistan@vava.cars.