Important – please read these terms carefully. By using the Website, you agree that you have read, understood, accepted and agreed with the Terms & Conditions (as defined below). You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms & Conditions and wish to discontinue using the Website, please do not continue using Website or Apps.
The Terms & Conditions stated herein (collectively, the “Terms & Conditions” or this “Agreement” ) constitute an agreement between you and Acquired Holdings Private Limited (Company No. 201841634K) (the “Company”). In order to use the Website you must agree to the Terms & Conditions that are set out below. By using the website with the purpose of seeking or evaluating car purchase, insurance and financing Websites, or other value added Websites, you hereby expressly acknowledge and agree to be bound by the Terms & Conditions, and any future amendments and additions to the Terms & Conditions as published from time to time at www.acquiredcars.com.
The Company reserves the right to modify, vary and change the Terms & Conditions or its policies relating to the Website at any time as it deems fit. Such modifications, variations and or changes to the Terms & Conditions or its policies relating to the Website shall be effective upon the posting of an updated version at www.acquiredcars.com. You agree that it shall be your responsibility to review the Terms & Conditions regularly whereupon the continued use of the Website after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes.
By using the Website, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms & Conditions and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Website is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Website, you further represent and warrant that you have the right, authority and capacity to use the Website and to abide by the Terms & Conditions. You further confirm that all the information which you provide shall be true and accurate. Your use of the Website is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Website, you agree to comply with all applicable laws.
You may only access the Website using authorized means. The Company reserves the right not to permit you to use the Website should you use the Website with an incompatible or unauthorized device or for purposes other than the purposes for which the Website is intended to be used.
By using the Website, you agree that:
You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Company or any third party as a result of any breach of the Terms & Conditions.
You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Website.
You may cancel your vehicle booking with the Website. If after placing a booking you decide to cancel your booking or do not show up at the designated location, you may be charged a Cancellation Fee or such other Cancellation Fee as the Company may notify you from time to time.
If you feel you were incorrectly charged a Cancellation Fee, you may contact the Company for assistance. The Company reserves its absolute discretion to any refunds that it may determine to provide to you and such refunds may be credited to any payment methods as is deemed reasonable by the Company.
The Company hereby grants you a revocable, non-exclusive, non- transferable, non-assignable, personal, limited license to use the Website, solely for your own personal, non-commercial purposes, subject to the Terms & Conditions herein. All rights not expressly granted to you are reserved by the Company.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party; (ii) modify or make derivative works based on the Website; (iii) create internet “links” to the Website; (iv) reverse engineer or access the Website in order to (a) build a competitive product or Website, (b) build a product using similar ideas, features, functions or graphics of the Website, or (c) copy any ideas, features, functions or graphics of the Website and/or the Software; (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Website; (vi) use any robot, spider, site search/retrieval Website, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; or (viii) remove any copyright, trademark or other proprietary rights notices contained in the Website.
You may use the Website only for your personal, non-commercial purposes and shall not use the Website to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violate third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Website or the data contained therein; (v) attempt to gain unauthorized access to the Website or its related systems or networks; (vi) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (vii) engage in any conduct that could possibly damage the Company’s reputation or amount to being disreputable.
The Company and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Website and by extension, any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website. The Terms & Conditions do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Website, or any intellectual property rights owned by the Company and/or its licensors. The Company’s name, the Company’s logo, the Website, are trademarks of the Company or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term the Software and the Website herein shall include its respective components, processes and design in its entirety.
You shall maintain in confidence all information and data relating to the Company, its Website, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Website, and shall not without the Company’s prior written consent, disclose such information to any third party nor use it for any other purpose.
The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
You agree and consent to the Company, its subsidiaries and any of its affiliate companies collecting, using, processing and disclosing your Personal Data to:
During use of the Website, you may enter into correspondence with, purchase goods, or participate in promotions of third party providers, advertisers or sponsors showing their goods and/or Websites. Any such activity, and any terms, conditions, warranties or representations associated with such activity are solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. Neither the Company nor any of its affiliate companies endorses any Website on the Internet that are linked through the Website, and in no event shall the Company, its licensors or its affiliate companies be responsible for any content, products, Websites or other materials on or available from such sites or third party providers. The Company provides the Website to you pursuant to the Terms & Conditions. You recognize, however, that certain third party providers may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or Websites, and the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers.
The Company may rely on third party advertising and marketing supplied through the Website and other mechanisms to subsidize the Website and/or to earn additional revenue. By agreeing to the Terms & Conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising and marketing, you should notify us in writing or in accordance with the procedure determined by the Company. The Company reserves the right to charge you a higher fee for or deny you use of the Website should you choose not to receive such advertising and marketing. This higher fee, if applicable, will be posted on the Company’s website located at www.acquiredcars.com. You agree and allow the Company to compile and release information regarding you and your use of the Website on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with third party providers, advertisers and/or sponsors you interact with through the Website and/or advertising or marketing material supplied through the Website.
By agreeing to the Terms & Conditions upon using the Website, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Website in your dealings with third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms & Conditions or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party or (d) your use or misuse of the Website.
The company makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the website. The company does not represent or warrant that (a) the use of the website will be secure, timely, uninterrupted or error-free (b) the website will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, websites, information purchased or obtained by you through the website will meet your requirements or expectations, (e) errors or defects in the website will be corrected, or (f) the website are free of viruses or other harmful components. The website is provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the highest and maximum extent.
The company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any websites, including but not limited to products obtained by or from third parties through the use of the website. You acknowledge and agree that the entire risk arising out of your use of the website, and any third party websites and products remains solely and absolutely with you and you shall have no recourse whatsoever to the company.
The website may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. The company is not responsible for any delays, delivery failures, damages or losses resulting from such issues.
Any claims against the company by you shall in any event be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilising the website during the event giving rise to such claims. In no event shall the company and/or its licensors be liable to you or anyone for any direct, indirect, punitive, economic, future special, exemplary, incidental, consequential or other damages or losses of any type or kind (including personal injury, emotional distress and loss of data, goods, revenue, profits, use or other economic advantage). The company and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have booked the website, including but not limited to loss, damage or injury arising out of, or in any way connected with the website, including but not limited to the use or inability to use the website, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party merchant, advertiser or sponsor whose advertising appears on the website or is referred to by the website, even if the company and/or its licensors have been previously advised of the possibility of such damages.
You expressly waive and release the company from any and all liability, claims or damages arising from or in any way related to the third party providers including merchants, advertisers and/or sponsors.
The company will not be a party to disputes, negotiations of disputes between you and such merchants, advertisers and/or sponsors. Unless you are a corporate customer with a current corporate account with the company, the company cannot and will not play any role in managing payments between you and third party merchants, advertisers and/or sponsors. Responsibility for the decisions you make regarding websites and products offered via the website rests solely with and on you. You expressly waive and release the company from any and all liability, claims, causes of action, or damages arising from your use of the website, or in any way related to the third parties including merchants, advertisers and/or sponsors introduced to you by the website.
The Company may give notice by means of a general notice on the Website, electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Website.
This Agreement as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.
This Agreement shall be governed by Singapore law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms & Conditions or the Website shall be referred to the Singapore International Arbitration Centre ( “SIAC” ), in accordance with the Rules of the SIAC as modified or amended from time to time (the “Rules” ) by a sole arbitrator appointed by the mutual agreement of you and the Company (the “Arbitrator” ). If you and the Company are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC in accordance with the Rules.
The seat and venue of the arbitration shall be Singapore, in the English language and the fees of the Arbitrator shall be borne equally by you and the Company, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the Terms & Conditions or use of the Website.
If any provision of the Terms & Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.
The failure of the Company to enforce any right or provision in the Terms & Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
The Terms & Conditions comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.
You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you under this Agreement.