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Terms of Service

Version 2.0 — in effect from ۲۲ سنبلهٔ ۱۴۰۵

Agreeing to these terms

These terms are the agreement between you and the operator of AutoMarkas. By using the site — browsing it, registering, listing a vehicle or messaging another user — you agree to them. If you do not agree, please do not use the site.

The operator is identified on our Imprint page

What AutoMarkas is

AutoMarkas is a marketplace where private sellers and dealers publish vehicles for sale and buyers find them and get in touch. We provide the place where that happens; everything else is between the buyer and the seller.

AutoMarkas is not a party to any sale. We do not own the vehicles listed, we do not take payment, we do not hold money in escrow, and we do not deliver anything. A contract of sale is made between the buyer and the seller alone.

We do not inspect vehicles, verify documents, check mileage or confirm that a seller owns what they are offering. Inspect the vehicle and check its papers before you pay anything.

Who may use AutoMarkas

You must be at least 18 years old to register an account, publish a listing or message another user.

If you use AutoMarkas on behalf of a business, you confirm that you are entitled to accept these terms for it.

Your account

When you register an account you agree to:

  • Give accurate, current and complete information.
  • Keep that information up to date.
  • Keep your password to yourself.
  • Take responsibility for everything done through your account.
  • Tell us at once if you think someone else has got into your account.
  • Not create additional accounts to get around a suspension or a ban.

Dealer accounts and the verified badge

A dealer account is for a business that sells vehicles. Applying for one means giving us your business details and the documents we ask for, and we review an application before we approve it.

A "verified dealer" badge means only this: we reviewed the account's business details before approving it.

It is not a statement about any individual vehicle, not a recommendation, and not a guarantee of anything about a sale. It does not make us a party to a transaction with that dealer.

We can remove the badge or close a dealer account if the details given were wrong, if the documents turn out to be invalid, or if the account breaks these terms.

Listing a vehicle

When you publish a listing you agree to:

  • Describe the vehicle truthfully and completely.
  • Only list vehicles you own or are legally entitled to sell.
  • Use your own photographs of the actual vehicle, not pictures taken from elsewhere or of a similar car.
  • Disclose known accident damage, flood or fire damage, structural repairs and any outstanding finance.
  • Show a real asking price, and not a false low price to attract enquiries.
  • Answer enquiries within a reasonable time.
  • Mark the listing as sold or remove it once the vehicle is gone.

Vehicles that may not be listed

You may not list:

  • Stolen vehicles, or any vehicle you do not have the right to sell.
  • Vehicles with no transferable registration document or ownership paper.
  • Vehicles with undisclosed salvage, flood, fire or structural damage.
  • Vehicles whose odometer has been altered, or whose stated mileage you cannot support.
  • Imported vehicles that have not cleared customs, where that is not stated in the listing.
  • Military, armoured or otherwise restricted vehicles that you are not licensed to sell.
  • Vehicles subject to an undisclosed lien, loan or finance agreement.

What you may not do

You may not use AutoMarkas to:

  • Post false, misleading or fraudulent listings.
  • Do anything illegal, or help anyone else to.
  • Harass, threaten, insult or abuse another user.
  • Attack, probe or get around our security measures.
  • Copy listings or user details in bulk, by hand or by machine, without our written permission.
  • Create multiple accounts to inflate listings, evade limits or avoid enforcement.
  • Ask a buyer for a deposit or a payment before they have seen the vehicle, or push them to a payment method that gives them no recourse.
  • Interfere with the running of the site or with anyone else's use of it.

Reporting a listing, and what we do about it

Every listing has a Report control. Use it if something is wrong — it is the fastest route and it tells us exactly which listing you mean. You can report a listing for any of these reasons:

  • Fraud: The listing looks like a scam, or the seller is asking for money in a way that is not safe.
  • Spam: Advertising, repeated posting, or something that is not a vehicle for sale.
  • Inappropriate content: Offensive text or images, or content that does not belong on the site.
  • Duplicate: The same vehicle has been posted more than once.
  • Wrong category: The listing is filed under the wrong make, model or body type.
  • Something else: Anything not covered above. Tell us what is wrong in your own words.

We look at reports and decide what to do. We aim to review a report within five working days, and sooner where there is a clear risk of harm.

What we can do

Depending on what we find and how serious it is, we may take any of these steps, and we do not have to take them in order:

  1. Warn the account and ask for the listing to be corrected.
  2. Remove or hide the listing.
  3. Suspend the account for a period.
  4. Close the account permanently and refuse new accounts from the same person.

If we act against your account or your listing and you think we got it wrong, write to us within 30 days and say why. We will look at it again and reply.

We cannot promise to respond to every report individually, and we will not normally tell you the outcome of a report you made about someone else's listing.

Fees

AutoMarkas is free to use. There is no charge for registering, for listing a vehicle or for messaging, and the site has no payment system.

If we introduce paid features we will show the price and the separate terms that apply before you pay anything, and those terms will set out your cancellation and refund rights. We will not start charging for something you already have without telling you first.

Your listings, photographs and messages

What you upload stays yours. We do not claim ownership of your photographs, your descriptions or your messages.

You do give us permission to use them for one purpose: running and promoting AutoMarkas. That permission is non-exclusive, worldwide and royalty-free, and it covers storing, copying, resizing, formatting and displaying your content on the site, in our search results, and in material that promotes the site or your listing.

The permission ends when you delete the content, except for copies already held in backups or kept because we are required to keep them, and except where another user already has a copy — for example a message you sent them.

You confirm that you have the right to upload what you upload. Do not use photographs taken from another listing, from a manufacturer's brochure or from anywhere else you do not have permission to use.

If someone has used your content

If your photographs or other content appear in someone else's listing without your permission, tell us and we will look at it. Please include:

  • A link to the listing.
  • Which part of it is yours.
  • How we can see that it is yours — for example the original photograph or where it was first published.
  • Your name and a way to contact you.

Send it to: info@automarkas.com

Our content

The AutoMarkas name, logo, design, text and software belong to us or to our licensors. You may use the site as it is intended to be used; you may not copy its design or its code, or use our name and logo in a way that suggests we endorse you.

What we are and are not responsible for

AutoMarkas is provided as it is. We work to keep it accurate and available, but we are not responsible for:

  • Whether what a user says about a vehicle is true.
  • The condition, safety, roadworthiness or legal status of any vehicle listed.
  • Disagreements between a buyer and a seller.
  • Money you lose in a transaction arranged through the site.
  • Interruptions, faults or loss of data outside our reasonable control.

Nothing in these terms takes away rights you have under the law that applies to you and that cannot be signed away, and nothing here limits our responsibility for death or personal injury caused by our negligence, or for fraud.

Ending the agreement

You can stop using AutoMarkas at any time, and you can ask us to close your account — see the Privacy Policy for how.

We can suspend or close an account that breaks these terms, that is being used fraudulently, or that puts other users at risk. Except where the breach is serious or we are required to act immediately, we will tell you why and give you a chance to put it right.

When an account is closed, the listings on it stop being published. The sections of these terms that are meant to survive — content permissions already relied on, liability, and governing law — continue to apply.

Disputes between users

A disagreement about a vehicle, a payment or a promise made between a buyer and a seller is between those two people. We are not a mediator and we cannot decide who is right.

We will provide the records we hold to a court or an authority that lawfully requires them, and we will act on what we learn where these terms have been broken.

Governing law

These terms are governed by the law of Afghanistan, and disputes between you and us relating to them are subject to the courts of Afghanistan. If you use AutoMarkas as a consumer from another country, this does not take away the protection of the mandatory law of the country you live in.

Before either of us starts a court case we should try to settle the matter directly. Write to us, set out the problem, and give us 30 days to respond.

Changes to these terms

We may change these terms. When we do, we publish the new text here and raise the version number at the top of the page. For a significant change we will give notice on the site before it takes effect. Using AutoMarkas after that means you accept the new terms.

Contact

Questions about these terms:

See also: Privacy Policy · Cookie Policy · Imprint