Instant Offer Terms & Conditions
1. Effect of This Agreement:
This Agreement governs Your use of the Instant Offer service (the "Service") provided by bdcars360.com ("bdcars360") through bdcars360.com or any other website owned or operated by bdcars360 (the "bdcars360 Website"). To utilize the Service, your vehicle must undergo a complimentary inspection conducted by the Buyer. For clarity, any mention of the "Buyer" in this Agreement encompasses the Buyer's employees, officers, agents, and contractors.
2. Eligibility for use of the Service:
To qualify as an Eligible Seller and be able to use the Service, you must:
‐ be at least 18 years old. ‐ Register as a member with bdcars360. ‐ not fall into any of the excluded categories outlined below, as determined by bdcars360.
Excluded Categories:
You may be considered as Ineligible Seller if you:
‐ Hold or are required to hold a motor vehicle dealer license. ‐ Engage in the business of providing motor vehicles for commercial use, such as rental, taxi, courier, or delivery services. ‐ Submit for sale more than one item in any single category (e.g., motor vehicles) within a 12-month period.
3. The Required Actions:
You must:
‐ Adhere to the terms and conditions of this Agreement. ‐ Provide all information requested by bdcars360 or the Buyer in the format specified. ‐ Accurately describe your vehicle. ‐ Maintain the confidentiality of your email and password information. If your password is lost, stolen, or compromised, change it immediately. You are responsible for all transactions made using your email and password.
4. Prohibited Actions:
a. You must not submit a vehicle for sale via the Service if:
‐ It is located outside of Bangladesh. ‐ It has been used commercially, such as a rental car, taxi, or for courier or delivery services. ‐ It is not immediately available for sale, such as a vehicle you intend to auction, rent, or syndicate. ‐ You do not have the right to sell it.
b. You must not:
‐ Submit misleading or deceptive material about a vehicle on a bdcars360 website or to the Buyer. ‐ Use the Service for commercial purposes, including querying, accessing, retrieving, scraping, data-mining, copying, generating, or compiling any material from the Service.
5. Terms for use of the service:
a. The Service provides Eligible Sellers with a conditional quote (Conditional Quote) for their vehicle from a third-party motor vehicle wholesale dealer (Buyer). b. The Conditional Quote Price is based on information provided by you and other sources. Conduct your own research to determine if the price is fair. c. The Conditional Quote is valid for 24 hours (or longer as indicated) and expires on the notified date (Acceptance Period). If accepted, arrange for an inspection by the Buyer during the Acceptance Period. d. bdcars360 will share your information with the Buyer for fraud checks and to contact you regarding the Conditional Quote and any subsequent offer. e. If you have a private seller ad, it will remain on the bdcars360 website until you notify us of the sale. The Conditional Quote is confidential and cannot be disclosed without bdcars360s' prior written approval. f. The Buyer will inspect your vehicle at your specified location. The inspection is for the Buyer's information only. You will not receive a copy of the inspection report or a roadworthy certificate. The Buyer is not liable for any claims related to the inspection services. g. Following the inspection, the Buyer will agree to purchase your vehicle for the Conditional Quote Price unless it is not in Acceptable Condition. If not, the Buyer may withdraw the offer or provide a revised offer based on factors like repair costs, vehicle details, and other relevant factors. h. No contract of sale is formed between you and the Buyer through the Service. You must separately enter into an agreement with the Buyer. Any contract is between you and the Buyer, and bdcars360 is not a party to or responsible for such transactions except as required by law. i. The Buyer may withdraw any offer if the vehicle's condition changes significantly between the inspection and delivery. Notify bdcars360 of any changes to avoid inconveniences and costs related to transport. j. bdcars360 and the Buyer may send you communications regarding your use of the Service, including conditional or unconditional quotes and surveys. 6. Cancellation of a Conditional Quote:
a. bdcars360 reserves the right to cancel a Conditional Quote for any reason before You finalize the sale with the Buyer. b. bdcars360 generates Conditional Quote Prices using various data and systems. While we take reasonable steps to ensure accuracy, there may be rare cases where unexpected or inconsistent prices are generated due to inaccurate data or system malfunctions. In such cases, bdcars360 may cancel the Conditional Quote. c. If your Conditional Quote is canceled: ‐ You cannot sell your vehicle to the Buyer at the Conditional Quote Price using Instant Offer. ‐ Your ad will remain on the bdcars360 website until we are notified that your vehicle has been sold or your ad is suspended or removed. 7. Intellectual Property:
You grant bdcars360 and the Buyer a perpetual, royalty-free, and irrevocable license to use, reproduce, adapt, commercialize, or otherwise utilize in any manner all materials and information you submit to them.
8. Warranties Provided to bdcars360.com:
You warrant that: a. You have the authority to sell all items you've submitted for sale through the Service. b. All contact and other details you've provided to bdcars360 or the Buyer are accurate. c. Your use of the Service and the bdcars360 Network will comply with the terms and conditions of this Agreement, the bdcars360 Terms and Conditions of Use, and any other reasonable requirements or instructions issued by bdcars360 or the Buyer. 9. Indemnity to to bdcars360.com:
You indemnify bdcars360 against all losses, damages, claims, and demands (including defense and settlement costs) arising from: a. Your breach of this Agreement, including any representations or warranties. b. Your willful, unlawful, or negligent acts or omissions. c. The sale or offering for sale of any vehicle by you. You are not liable for losses or damages caused by bdcars360s' own actions. 10. Liability:
a. Except as specified in this clause, bdcars360 excludes all implied guarantees and warranties for goods or services. However, any rights conferred by applicable statutes that cannot be excluded, restricted, or modified remain unaffected. b. bdcars360 is not liable for any indirect or consequential losses, including loss of use, production, profit, revenue, business, data, contract, anticipated savings, delays, financing costs, increased operating costs, or economic losses. c. "bdcars360" refers to bdcars360, its officers, employees, contractors, and agents, both individually and collectively. d. This clause remains effective even after the expiration or termination of this Agreement. 11. Privacy:
For information on how bdcars360 collects, uses, and discloses your personal information, pleaseclick here and here. When bdcars360 shares your personal information with the Buyer, it will be stored, used, and disclosed according to the Buyer's Privacy Policy. As a user of the Services, you may receive correspondence (including electronic correspondence) regarding your account and your use of the Service. This correspondence is part of the Service and necessary for managing your account and usage. If you prefer not to receive this correspondence, please refrain from using the Service. 12. General:
bdcars360 may modify or amend this Agreement by updating this website. Any changes apply only to applications made after the update date and do not affect existing rights or obligations. All rights not explicitly granted are reserved. If any part of this Agreement is invalid, illegal, or unenforceable, that part will be removed, and the remaining terms will apply. bdcars360s' failure to enforce any provision does not waive its rights. Any waiver must be made in writing and signed by bdcars360.
This Agreement governs Your use of the Instant Offer service (the "Service") provided by bdcars360.com ("bdcars360") through bdcars360.com or any other website owned or operated by bdcars360 (the "bdcars360 Website"). To utilize the Service, your vehicle must undergo a complimentary inspection conducted by the Buyer. For clarity, any mention of the "Buyer" in this Agreement encompasses the Buyer's employees, officers, agents, and contractors.
2. Eligibility for use of the Service:
To qualify as an Eligible Seller and be able to use the Service, you must:
‐ be at least 18 years old. ‐ Register as a member with bdcars360. ‐ not fall into any of the excluded categories outlined below, as determined by bdcars360.
Excluded Categories:
You may be considered as Ineligible Seller if you:
‐ Hold or are required to hold a motor vehicle dealer license. ‐ Engage in the business of providing motor vehicles for commercial use, such as rental, taxi, courier, or delivery services. ‐ Submit for sale more than one item in any single category (e.g., motor vehicles) within a 12-month period.
3. The Required Actions:
You must:
‐ Adhere to the terms and conditions of this Agreement. ‐ Provide all information requested by bdcars360 or the Buyer in the format specified. ‐ Accurately describe your vehicle. ‐ Maintain the confidentiality of your email and password information. If your password is lost, stolen, or compromised, change it immediately. You are responsible for all transactions made using your email and password.
4. Prohibited Actions:
a. You must not submit a vehicle for sale via the Service if:
‐ It is located outside of Bangladesh. ‐ It has been used commercially, such as a rental car, taxi, or for courier or delivery services. ‐ It is not immediately available for sale, such as a vehicle you intend to auction, rent, or syndicate. ‐ You do not have the right to sell it.
b. You must not:
‐ Submit misleading or deceptive material about a vehicle on a bdcars360 website or to the Buyer. ‐ Use the Service for commercial purposes, including querying, accessing, retrieving, scraping, data-mining, copying, generating, or compiling any material from the Service.
5. Terms for use of the service:
a. The Service provides Eligible Sellers with a conditional quote (Conditional Quote) for their vehicle from a third-party motor vehicle wholesale dealer (Buyer). b. The Conditional Quote Price is based on information provided by you and other sources. Conduct your own research to determine if the price is fair. c. The Conditional Quote is valid for 24 hours (or longer as indicated) and expires on the notified date (Acceptance Period). If accepted, arrange for an inspection by the Buyer during the Acceptance Period. d. bdcars360 will share your information with the Buyer for fraud checks and to contact you regarding the Conditional Quote and any subsequent offer. e. If you have a private seller ad, it will remain on the bdcars360 website until you notify us of the sale. The Conditional Quote is confidential and cannot be disclosed without bdcars360s' prior written approval. f. The Buyer will inspect your vehicle at your specified location. The inspection is for the Buyer's information only. You will not receive a copy of the inspection report or a roadworthy certificate. The Buyer is not liable for any claims related to the inspection services. g. Following the inspection, the Buyer will agree to purchase your vehicle for the Conditional Quote Price unless it is not in Acceptable Condition. If not, the Buyer may withdraw the offer or provide a revised offer based on factors like repair costs, vehicle details, and other relevant factors. h. No contract of sale is formed between you and the Buyer through the Service. You must separately enter into an agreement with the Buyer. Any contract is between you and the Buyer, and bdcars360 is not a party to or responsible for such transactions except as required by law. i. The Buyer may withdraw any offer if the vehicle's condition changes significantly between the inspection and delivery. Notify bdcars360 of any changes to avoid inconveniences and costs related to transport. j. bdcars360 and the Buyer may send you communications regarding your use of the Service, including conditional or unconditional quotes and surveys. 6. Cancellation of a Conditional Quote:
a. bdcars360 reserves the right to cancel a Conditional Quote for any reason before You finalize the sale with the Buyer. b. bdcars360 generates Conditional Quote Prices using various data and systems. While we take reasonable steps to ensure accuracy, there may be rare cases where unexpected or inconsistent prices are generated due to inaccurate data or system malfunctions. In such cases, bdcars360 may cancel the Conditional Quote. c. If your Conditional Quote is canceled: ‐ You cannot sell your vehicle to the Buyer at the Conditional Quote Price using Instant Offer. ‐ Your ad will remain on the bdcars360 website until we are notified that your vehicle has been sold or your ad is suspended or removed. 7. Intellectual Property:
You grant bdcars360 and the Buyer a perpetual, royalty-free, and irrevocable license to use, reproduce, adapt, commercialize, or otherwise utilize in any manner all materials and information you submit to them.
8. Warranties Provided to bdcars360.com:
You warrant that: a. You have the authority to sell all items you've submitted for sale through the Service. b. All contact and other details you've provided to bdcars360 or the Buyer are accurate. c. Your use of the Service and the bdcars360 Network will comply with the terms and conditions of this Agreement, the bdcars360 Terms and Conditions of Use, and any other reasonable requirements or instructions issued by bdcars360 or the Buyer. 9. Indemnity to to bdcars360.com:
You indemnify bdcars360 against all losses, damages, claims, and demands (including defense and settlement costs) arising from: a. Your breach of this Agreement, including any representations or warranties. b. Your willful, unlawful, or negligent acts or omissions. c. The sale or offering for sale of any vehicle by you. You are not liable for losses or damages caused by bdcars360s' own actions. 10. Liability:
a. Except as specified in this clause, bdcars360 excludes all implied guarantees and warranties for goods or services. However, any rights conferred by applicable statutes that cannot be excluded, restricted, or modified remain unaffected. b. bdcars360 is not liable for any indirect or consequential losses, including loss of use, production, profit, revenue, business, data, contract, anticipated savings, delays, financing costs, increased operating costs, or economic losses. c. "bdcars360" refers to bdcars360, its officers, employees, contractors, and agents, both individually and collectively. d. This clause remains effective even after the expiration or termination of this Agreement. 11. Privacy:
For information on how bdcars360 collects, uses, and discloses your personal information, pleaseclick here and here. When bdcars360 shares your personal information with the Buyer, it will be stored, used, and disclosed according to the Buyer's Privacy Policy. As a user of the Services, you may receive correspondence (including electronic correspondence) regarding your account and your use of the Service. This correspondence is part of the Service and necessary for managing your account and usage. If you prefer not to receive this correspondence, please refrain from using the Service. 12. General:
bdcars360 may modify or amend this Agreement by updating this website. Any changes apply only to applications made after the update date and do not affect existing rights or obligations. All rights not explicitly granted are reserved. If any part of this Agreement is invalid, illegal, or unenforceable, that part will be removed, and the remaining terms will apply. bdcars360s' failure to enforce any provision does not waive its rights. Any waiver must be made in writing and signed by bdcars360.