Terms and conditions
These are the general terms and conditions of Autoroute having its offices in ‘s-Hertogenbosch the Netherlands. By using the services of Autoroute on www.autoroute.eu, you signify your acceptance of the terms and conditions set out herein. If you do not agree to these terms and conditions, please do not use the service of Autoroute on this website and exit the website immediately.
- Account: refers to the ability to use the Service.
- Advertisement: all information (videos, texts, graphics) with respect to automotive products and services (to be offered or to be requested) placed by a Client on the Website.
- Autoroute: the private company with limited liability Autoroute BV, having its registered offices in ‘s-Hertogenbosch, the Netherlands;
- Client: the company active in the automotive industry with whom Autoroute has entered into an agreement for the delivery of the Service
- Client ID: refers to an email address which, in combination with the Password, gives access to the Account;
- General Conditions: these general terms and conditions, irrespective of the form in which these general terms and conditions are presented to the Client;
- IP Rights: any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as know how contained in or relating to the Website, Advertisements and the Services.
- Password: refers to a code which, in combination with the Client ID, gives Client access to its Account;
- Service: the service of Autoroute on its Website including, but not limited to, the registration of Advertisements, the automated search in the database of Advertisements, the exchange of messages with other Clients;
- Website: the website www.autoroute.eu.
- The General Conditions shall cover and form part of all offers, proposals, agreements and other juristic acts, either made orally, in writing, electronic or in any other form, concerning Client’s use of the Website and the deliverance of the Service by Autoroute to Client
- All offers by Autoroute shall be without any obligation unless explicitly otherwise stated in writing.
- An agreement shall have been concluded as soon as Autoroute accepts the Client’s order by email or on the moment Autoroute starts executing the agreement. Autoroute has the right to reject Client’s order, for example in the event that the information provided by Client is untrue, inaccurate, incomplete or not current.
- Deviations from the General Conditions shall only apply if and to the extent that they have been explicitly agreed upon in writing between Autoroute and the Client.
- Autoroute explicitly rejects any applicability of any general (purchase) conditions used by the Client.
- If and to the extent that any provision contained in these General Conditions should prove not valid for whatever reason, the other provisions of these General Conditions shall remain in full force and effect. Autoroute and the Client shall negotiate a new provision that shall approximate the contents and the scope of the original provision as closely as possible.
- Autoroute reserves the right to modify these General Conditions at any time by providing such revised General Conditions to the Client or by publishing the revised General Conditions on the Website. The continue use of the Website and the Services shall constitute Client’s acceptance to be bound by the revised terms and conditions.
- On its Website Autoroute provides facilities for companies to place and watch Advertisements, to exchange messages in a forum and to get in contact with other Clients in order to offer or request automotive products or services.
- Autoroute makes every reasonable effort to ensure that all information made available on its Website is accurate. However the Website and all information available on the Website, including but not limited to the Advertisements, is provided on an ‘as is’ and ‘as available’. Autoroute makes no representation or endorsement about the suitability, timeliness or accuracy of the Website, the Advertisements and other information, including information with respect to the cars. Autoroute disclaims all warranties, either express or implied, including but not limited to, warranties of condition, quality, fitness for a particular purpose and non-infringement of third party rights.
- All information on the Website with regards to the Advertisements, the messages in the Forum and other information with respect to cars might come from third parties (other Clients). These third parties are liable for the suitability, timeliness or accuracy of this information. Autoroute accepts no liability for the information of these third parties or other Clients
- Autoroute shall endeavour to provide the Services and the Website with minimum disruptions. However Autoroute cannot guarantee that the Website and the Services will always function without disruptions, delay or other imperfections
- Autoroute is entitled, without any liability, to refuse, limit, suspend and/or interrupt the Services, Website or the Advertisement, for any reason whatsoever, at its own discretion and without any notice to Client. Furthermore, Autoroute may change the technical features of the Service and the Website in order to keep pace with the latest demands and technological developments.
- Client guarantees that it will use the Website and the Services in accordance with these General Conditions and the relevant legislation.
- Client will at all times provide true, accurate, correct and suitable information and guarantees that it is entitled to place the information, including but not limited to the Advertisement on the Website. Furthermore, Client guarantees that the information does not infringe upon the (intellectual property) rights of others and that it is not unlawful in any other way.
- Notwithstanding article 11, if any information required for the providing of the Services are not available to Autoroute, are not in accordance with the arrangements, or if Client does not fulfil its obligations in any other way, Autoroute will be entitled to suspend the provision of the Service.
- Client agrees to indemnify, hold harmless and defend Autoroute at its expense, against any and all third-party claims, actions, proceeding and costs, including but not limited to reasonable attorney’s fees, incurred by Autoroute arising out or relating to its violation of these General Conditions, applicable law, or rights of any third parties and/or the misuse of the Service.
Client ID, Password and Account
- In order to make use of the Service, Autoroute will provide Client with a Client ID, Password and Account.
- Client is solely responsible for maintaining the confidentiality of its Client ID and Password. Client is responsible and liable for all activities conducted through its Client ID, Password and Account, even if this occurs without its permission.
- Client agrees to immediately notify Autoroute in writing of any unauthorised and/or fraudulent use of its Client ID, Password and/or Account. Client agrees to indemnify Autoroute against any and all third party claims and all related liabilities arising out of, or relating to, the use of its Client ID, Password and Account.
- Autoroute reserves the right to change the Client ID or Password if this is in the interest of the functioning of the Service or to prevent fraudulent use of the Service.
- Autoroute is committed to respecting the privacy and the confidentiality of the personal data of its Clients. The Privacy Statement, published on the Website and inserted in Annex 1, applies to the use of personal data, as well as the confidential information.
- Client acknowledges and agrees that it might receive personal data of other Clients. Client will at all times take all reasonable steps to protect and maintain this personal data confidential.
Intellectual Property Rights
- Client acknowledges and agrees that any and all IP Rights are and shall remain the exclusive property of Autoroute and/or its licensors (including other Clients). Nothing in this Agreement intends to transfer any IP Rights to, or to vest any IP Rights in, Client.
- Client will not remove, obscure, make illegible or alter any notices or indications of IP Rights and/or Autoroute’s rights and ownership thereof.
Tariffs and payment
- For the Services, Client will pay Autoroute the tariffs stated on the Website. Unless stated otherwise, all tariffs and charges shall be stated in Euros and shall be exclusive of value added taxes (VAT) or any other applicable taxes.
- Autoroute reserves the right to change the tariffs at any time by giving notice on the Website. If Client does not wish to accept such adjustment of tariffs, Client is entitled to terminate its Account, by written notice, with effect from the date on which the adjustment of tariffs would become effective. Client agrees that by continuing to use Service following the adjustments of the tariffs, it accept such adjustments.
- Client can only make use of the Service when its Account has a positive and sufficient credit balance. Amounts already paid in connection with (the credits of) the Service will not be refunded. Client acknowledges and agrees that the credit must be used within the agreed term, at the risk of such credit lapsing.
- Client can pay the amounts due by means of Paypal, Ideal payment, Webbilling, or other payment solutions provided by Autoroute. Client acknowledges and agrees that the general terms and conditions of the payment service providers (e.g. Paypal, Ideal or Webbilling) apply to the (electronic) payment of the due amounts as well.
Use of the Service
- Client acknowledges and agrees to use the Service, the Website, the Advertisements and other information solely for lawful purposes. In this respect Client is not entitled to, without limitation,
- use any robot, spider, scraper or other automated means to access the Service for any purpose without the express written permission of Autoroute.
- take any action that imposes, or may impose in Autoroute’s sole discretion an unreasonable or disproportionately large load on its infrastructure;
- copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Service without Autoroute’s prior expressed written permission and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the Service;
- harvest or collect information about other users of the Website and the Service; or
- use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications.
- Further the (sales)activities of Client through the Service shall not: (i) be false, inaccurate or misleading; (ii) infringe any third party's copyright, trademark, tradename or other proprietary rights or rights of publicity or privacy; (iii) violate any law, statute, ordinance or regulation; (iv) contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Notification of Intellectual Property Right infringement
- Autoroute will investigate notices of IP right infringement and other complaints with respect to the Advertisements and take appropriate actions.
- If a Client (or third party) believes that (i) an user of the Services infringes its IP Rights and such infringement is occurring on the Website, or (ii) an user acts in any other way unlawfully, it may send Autoroute a notice at firstname.lastname@example.org. The statement and claim in the notice should be accurate and substantiated and supported by evidence. Autoroute is entitled to ask for more information and evidence, before dealing with the request.
- Without limiting other remedies, Autoroute may limit Client’s activity, immediately remove the Account and/or Advertisement, warn other Clients and users of the Website of the actions of Client, issue a warning, temporarily suspend, indefinitely suspend or terminate the Account and refuse to provide its Services to Client if: (a) Client breaches the General Conditions; (b) Autoroute is unable to verify or authenticate any information / Advertisement of Client; or (c) Autoroute believes that Client’s actions may cause financial loss or legal liability for Autoroute or its clients. Client understands and agrees that he shall receive no refund or exchange for any unused subscription fees, any content or data associated with its Account, or for anything else.
- In the event of Autoroute being in breach of any of its obligations under the agreement, Autoroute will accept liability to pay damages only to the extent as laid down in this article 12.
- Autoroute can only be held liable for direct damages resulting from an attributable failure to perform its obligations under the agreement. Direct damages in this respect exclusively mean:
- all reasonable costs incurred by Client in order to have Autoroute perform its obligations under the agreement;
- all reasonable costs incurred by Client in order to prevent or limit any direct damages as meant in this article;
- all reasonable costs incurred by Client in order to establish the nature and scope of the direct damages as meant in this article.
- The direct damages as meant in this article shall be limited to the amount actually paid by Client for the Service during the year in which such damages occurs. In no event, however, shall the total compensation for any direct damages exceed € 500,- (five hundred euro).
- To the maximum extent permitted by applicable law, in no event shall Autoroute be liable for any special, incidental or consequential damages whatsoever, even if Autoroute has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
- The above limitation of liability in article 12.3 shall cease to apply if and insofar as the loss is due to Autoroute´s wilful intent or gross negligence.
Term and termination
- Unless otherwise agreed in writing, the agreement will have an initial term of one (1) year. After this initial term, the agreement will automatically be renewed for periods one (1), unless one of the parties terminates the agreement by e-mail or, in case of the Client, through the settings in its Account, ultimately two (2) months before the end of the term concerned.
- Notwithstanding article 13.1, in the event that Client buys credits without any subscription fee, the agreement will terminate at the end of the term of the credit. Client may renew the agreement by adding new credits to its account.
- Autoroute is entitled to dissolve the agreement with immediate effect and without any judicial intervention being required if the Client does not fulfil its obligations under the agreement. The dissolution does not release the Client from any payment obligation regarding the Services delivered by Autoroute
- These General Conditions are governed by the laws of the Netherlands. All disputes that may arise under or in relation with these General Conditions shall be exclusively submitted to the competent court in ‘s-Hertogenbosch, the Netherlands.
‘s Hertogenbosch, March 2010