Autocroc

BUY & SELL EVERYTHING AUTO FOR FREE

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Welcome to Autocroc – your place for everything auto!

1 Introduction

Search and sell everything auto. New, Used, Classics, Parts, Imports, Barn finds, Motor sport, Aviation, Marine, Military or Salvage Repairable Vehicles with Autocroc ‘your place for everything auto’ you can sell and find the most amazing vehicles and parts.

Autocroc, (hereinafter referred to as "Operator") operates websites (Autocroc.com and other country specific top level domains such as .co.uk) and mobile apps (Autocroc app for iOS, Autocroc app for Android, Autocroc app for Windows) (hereinafter collectively referred to as "Autocroc" / "Autocroc services"), under the name “Autocroc”.

These terms and conditions (hereinafter referred to as "Terms") apply to the use of the Autocroc services and additional services offered through the Autocroc-Services. The Terms available at Autocroc.com at the exact time of usage of the Autocroc services will be applied. By using Autocroc services the user accepts the Terms. If the user does not accept the Terms, the use of any Autocroc services is prohibited.

2 Offered Services

Autocroc is a marketplace where registered users can buy and sell a variety of vehicles and vehicle related goods and services (hereinafter referred to as "Products"). This is permitted as long as offers, sales and/or acquisitions do not violate statutory provisions, good morals and/or the Terms.

The Autocroc app can be downloaded free of charge from the Apple App Store, Google Play Store and the Microsoft Store, the Autocroc website is free to use and is available at http://www.autocroc.com. The use of the Autocroc basic service version is free of charge. Depending on individual mobile phone rates, costs for data transfer may apply, which have to be carried by the user. Various supplementary products like extra photos or adding video or subscriptions (e.g. Premium-Membership) (hereinafter collectively referred to as “premium features”) are subject to charge and can be purchased through the Apple App Store, Google Play Store, Microsoft Store or Paypal. Respective prices are clearly displayed in the mobile applications and website prior to the actual purchase and have opt out options.

The Operator reserves the right to change these prices at any given time. All prices are quoted inclusive of value-added tax at the respective applicable statutory rate. Moreover, the Operator reserves the right to offer varying premium features in the Autocroc iOS App, Android App, Microsoft App and the Website, due to different stages of development.

The user agrees with his/her purchase of a premium-feature that Autocroc immediately delivers the purchased service entirely following the conclusion of the corresponding contract.

The operator is not responsible for content generated by users. However, there is no right for publication of content. Participation on Autocroc is not enforceable and can also not be compelled or required in any other form. The Operator reserves the right to deny the participation of Autocroc temporarily or permanently even without further reasons. A new registration under a different name and/or other email address following having been blocked is not allowed. If a user has been blocked, he/she may contact the Operator via email at support@autocroc.com and request for clarification regarding this matter.

3 Contractual conditions

The Operator only provides information as well as a technical framework for users. The classified listings and user posts are not legally binding offers by the Operator. Claims of contracts between users cannot be claimed from the Operator. The Operator is not a contracting party. The contracts are exclusively concluded between the users of the marketplace. The fulfillment of these contracts concluded via Autocroc is carried out exclusively among the users. The Operator therefore only provides the technical framework for users to conclude such contracts.

The Operator offers various paid premium features. These premium features represent offers made by the Operator in order to conclude a contract regarding the respective premium feature. Contracts for the use of paid premium conducted by the user’s acceptance of the respective offer. Firstly, the user chooses the desired supplementary product or the desired subscription. As soon as the user confirms and pays the purchase, the respective premium feature will be activated. A contract is concluded as soon as the user confirms the In-App purchase and, if necessary, enters the respective password. By concluding the contract, the supplementary product will be activated and immediately consumed/the term of the subscription starts to run. In the course of In-App purchases the Operator does not acquire any billing- or payment information, as all transactions run through the user’s Apple App Store- or the Google Play Store- or the Microsoft Store or User Paypal account. In case of input errors or other errors the user shall get in touch with either the Apple App Store or the Google Play Store or the Microsoft store or Paypal.

The user is not entitled to download the displayed information on a computer or any other data medium. The repeated and systematic downloading of part of the displayed information, even of an insignificant nature and scope, is equivalent to downloading a substantial nature and scope or part of the displayed information. Moreover, the use of a computer program for the automatic relisting-out of data in particular, such as scraping, crawlers, spiders or bots is absolutely prohibited. Printing of the displayed information is only allowed for private purposes and only to an absolutely necessary extent. Any use of information for business purposes, in particular for commercial use, is forbidden.

The Autocroc app is compatible with iOS, Android & Windows devices, although perfect performance cannot be guaranteed on every device as versions differ. Please note that additional terms and conditions by the Apple app store, Google play store and the Microsoft Store may apply.

4 Eligibility, registration, and deletion of the account

Users have to register to use most of the features. Registration is free of charge for users. The use of the Autocroc service is permitted for individuals over the age of 18 years, who are viable to entering a legally binding contract. Furthermore, users between the age of 14 and 18 years are allowed to enter contracts whereby the approval of the respective parent or legal guardian has been given.

Individuals can make use of the Autocroc services by registering via a Facebook account or Google+ account or by email with email reply confirmation. By registering, the user confirms that he/she has reached the age of 18 years or is between the age of 14 and 18 years and has received approval for the unlimited use from their parent or legal guardian. The specified profile data must be correct, complete and must continuously be kept up-to-date. Multiple registrations are not permitted.

The users’ login credentials must be kept confidential. The user must take appropriate measures to prevent the unauthorized use of this data in order to access Autocroc. In case third parties have had access to the login data, the Operator needs to be informed immediately or the access data must be changed immediately.

By registering, the user agrees to receiving the recurring Autocroc newsletter and therefore receives information at regular intervals from Autocroc. The user may unsubscribe from the newsletter by directly clicking on the unsubscribe link in the newsletter.

Users can delete their user account at any time without giving reasons. Further information can be found below in the Privacy Policy.

5 Withdrawal and termination

The cancellation policy applies to consumers (as defined by law) who purchased premium features at the Operator, which are subject to charge.

Right to cancel premium features:

The consumer may withdraw from the contractual agreement of a purchased premium feature within a period of 14 calendar days, by email without giving reasons. The withdrawal period starts on the day of the conclusion of the contract. To comply with the cancellation period, it is sufficient to submit the cancellation within the due time. Cancellations must be sent to: support@autocroc.com

However, at the time of the purchase of a premium feature the user agrees that the Operator immediately activates the premium feature before the withdrawal period expires. The user also agrees that with such activation the right of withdrawal is waived.

Obligations for the refund of payments must be fulfilled within 30 days.

If the user deletes the Product on which the premium feature was applied, the premium feature is considered to be fully consumed, even if the premium feature is time-dependent and the period has not expired (e.g. deleting a classified listing with a highlight-premium-feature, deleting a premium search agent, deleting the user-account).

6 Posts by users, copyright of third parties

Each post must be written or created personally by the respective user.

It is strictly forbidden to publish illegal, obscene, offensive, discriminatory, vulgar, violence-glorifying, pornographic, adult content and/or any other content that infringes personal rights. Moreover, aspersions and insults of people and businesses are not permitted. In addition, the harassment through mass distribution of content or messages (spam), the systematic harassment of individual users, hacking in any form, i.e. electronic attacks of any kind on the Autocroc service, the database and the network of the Operator or on individual users, as well as the spreading of viruses etc. are strictly prohibited and are reported to the respective authority.. Violations leading to the deletion of the item or blocking of the user account. In addition, the Operator reserves the right to move, remove posts, disable or to delete user accounts.

With the publication of classified listings, especially in regards to images (e.g. Product images), the user must ensure that copyrights are respected accordingly. This is done by ensuring that the user has all rights to publish and does not violate any rights whatsoever. Uploaded or embedded images/graphics cannot have watermarks or marks of other websites. The Operator reserves the right to limit the maximum size of images and to modify or remove images.

The user assures that he does not copy, paste, upload or integrate copyrighted content in any other form to the Autocroc services. Exceptions are such contents that have been released for further use by the copyright holder.

The user may not use Autocroc for the promotion of third-party products, the distribution, offering or sale of products, whose distribution, offering or sale is unlawful according to the local law or which are subject to selling restrictions (e.g. as a result of regulations) as well as for the distribution, offering or sale of food or living creatures, Autocroc is for Vehicles only.

7 Classified listings and transactions

The displays of items offered for sale (in the following called "classified listings") include information about the user who is offering this item (hereinafter referred to as “Seller”), user uploading images of the item, a description of the item provided by the user, the location of the item, as well as a purchase price proposal. If the seller states a fixed price then the buyer can pay the price or make an offer by phone, email, sms or by person. If the seller states a Breaking – Savage – Parts then this item is to be offered as individual pieces in which the buyer will request prices by phone, email, sms or by person. If the seller states Wanted then anyone with said item can offer it for sale. If the seller states a price of 0.00 it means he/she intends to give the item away for free.

If the Operator is informed that this is not the case, the classified listing will immediately be removed.

Sellers and Buyers will agree prices and payment terms by phone, email, sms or by person but not through the Autocroc app or website

The Operator does not offer any items, does not submit any bids, does not receive any bids and does not accept any offers in regards of the items in the classified listings. The Operator is not a party partaking in the sales contracts concluded, which are closed exclusively between the users of this marketplace. Furthermore, the fulfillment of these sales contracts concluded via the platform of the Operator is exclusively carried out among users.

The Operator is not obliged to verify the transmitted or stored information or to actively search for circumstances which may indicate illegal activity.

Should the Operator somehow become aware of a specific unlawful act of an individual user or receive information within the Autocroc services, the information will immediately be removed or the access to this content will be blocked. If you are aware of such actions or information we ask for immediate notification by email at support@autocroc.com.

8 Granting of rights and liability for users

By posting user contributions, the user grants and the user represents and warrants that he has the right to grant, to the Operator an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, modify, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute the content created by the user for any purpose, commercial, advertising, or otherwise, or in connection with Autocroc or any other product or service of the Operator or the promotion thereof.

This includes the full and unrestricted online and offline use of such content. These rights remain indefinitely with the Operator, even if the user is no longer registered with Autocroc.

Shall the Operator be held liable, due to a violation of the Terms or applicable law by the user, the user obliges himself to release the Operator from any legal consequences (e.g. claims of third parties). The indemnity includes but is not limited to payable fines, damages, as well as all costs of legal defense and legal representation.

9 Liability

The Operator cannot be held liable for the correctness of the information or the images shown in the classified listings or the comments of the users or the contractual commitment of users or the flawlessness of the purchased item.

The Operator is not liable for any damage caused by errors, delays or interruptions in the transmission, malfunctions of the technical systems, loss or deletion of data, viruses or any other damage which can occur during the use of Autocroc, unless they are caused intentionally or grossly negligently by the Operator or the damage concerns the injury of life, body or health. The Operator is liable only for the amount which corresponding with contract-typical foreseeable damages. There is no liability for loss of profits, savings, damage from claims of third parties, and for other direct and indirect consequential damage.

The foregoing limitations of liability include claims against employees or representatives of the Operator as well as the licensors of the Operator and their licensors or the licensees of the Operator and their licensees. Autocroc services might be subject to an underlying licensing agreement. The liability of the licensor is determined by the respective licensing agreement.

Moreover, the Operator is not liable for the content, accuracy, legality and functionality of third party internet pages, which reference from or to the platform of the Operator via a link.

The Autocroc services are only accessible for the user with an active Internet connection. The Operator neither assumes responsibility that the Autocroc services are continuously usable and/or accessible, nor is the Operator liable for technical transmission delays or failures. The Operator excludes any warranty for the functionality of the Autocroc services. The Operator is not liable for the unauthorized knowledge attainment of personal user data by third parties such as hackers.

10 Violations of the Terms

In case of violations of one or more of these provisions the Operator is entitled to temporarily or permanently, and notwithstanding of further legal steps against the affected user, block or delete his/her account, posts, classified listings and any other content provided by this user, and/or to partly or fully prevent the publication of articles and profiles of the user and/or to block their access to the Autocroc services totally or in part. In case a user has been blocked, they can write to support@autocroc.com and ask for clarifications regarding his/her restriction.

In case a user receives a definite block (restriction) from the Autocroc services, all purchased premium features forfeit without compensation. For a temporary block the right to use the premium features will not be extended by the period of the exclusion. These services also forfeit without compensation.

If a temporary blocked classified listing will be blocked definitely, all premium features purchased and/or used for this listing will forfeit without compensation. For a temporary block of a classified listing the right to use the purchased and/or used premium features for this classified listing will not be extended by the period of the block. These services also forfeit without compensation.

The enforcement of any other claims, especially for damage compensation, remains expressly reserved for the Operator.

If a users violate the rights of third parties or the Terms, we ask for notification with a brief description via email at support@autocroc.com.

11 Data protection

The protection of the personal data provided is very important to the Operator. Privacy rules, as specified in the Privacy Policy, apply.

12 Amendment of the Terms

As soon as the Operator changes the Terms, the amended version together with the respective publication date will be published herein. An explicit reference to the change of the Terms will not be made. The Terms shall automatically be reviewed by the users periodically to check for changes. If the user does not agree with the changes the user remains free to delete his/her account.

13 Final provisions

The Terms shall be subject to United Kingdom law, excluding the UN Convention of International Sale of Goods and the reference norms (IPRG, EVÜ, etc.). The exclusive place of jurisdiction is the relevant court in London, United Kingdom.

With a view to reaching an out-of-court settlement between the Operator and the User, the User my contact the online platform provided by the EU. The so called LISTINGR-platform is available here: http://ec.europa.eu/consumers/odr/. The Operator expressly points out that the sales contracts in regards of classified listings constitute contracts between the users. The Operator does not offer any items, does not submit any bids, does not receive any bids and does not accept any offers in regards of the items in the classified listings.

If individual stipulations of the Terms should be or become ineffective, invalid or unworkable, this shall not touch the legal effectiveness of the other stipulations of the Terms. In place of the ineffective, invalid or unworkable stipulation, a valid and workable regulation shall apply which approximates as closely as possible to that the contract partners would have economically intended if the contract partners would have pursued with the ineffective, invalid or unworkable stipulation. The above stipulations apply accordingly in the event that the contract is shown to be incomplete.

Terms and conditions version: 18-09-2016

Autocroc, United Kingdom

Welcome to Autocroc – your place for everything auto!

PRIVACY STATEMENT FOR EUROPEAN CONSUMERS AND CUSTOMERS

This information is designed to help you understand what we do with information about people, referred to as “personal data”. It is addressed only to consumers and customers based in Europe. For consumers and customers in other countries, this statement is not addressed to you and the information it contains may not apply to you. You should refer instead to our Privacy Policy.

We are Autocroc Ltd, of Unit 1, New Farm Buildings, Maidenhead, SL6 3ST. We are the data controller of your personal data. If you have any questions or concerns about the information presented here, or about what we do with personal data, you should email us at support@autocroc.com or write to us at the above address, to the attention of our support team.

Our sites are not intended to be used by children.

In summary, we use personal data:
- to connect consumers interested in listed vehicles & parts with the dealerships and sellers that are advertising them for sale
- to connect consumers interested in auto services with the businesses that are advertising them
- to connect consumers interested in auto deals and auto comparison with the businesses that are advertising them
- to operate the interactive features of our websites and mobile applications, such as the discussion forums, saved searches and pricing alerts
- to promote our services, and to help our advertisements appear to people who are more likely to be interested in them
- to manage our customer relationships, handle queries and complaints, prevent fraud and otherwise operate our business.
- to promote sales and business listings on our social media pages to increase awareness to people who are more likely to be interested in them
The rest of this statement provides further details. In order to help you reach the information you want quickly, we have divided this page into different sections according to your different potential interactions with us.

Autocroc Ltd, Maidenhead, Berkshire, United Kingdom (hereinafter referred to as "Operator") operates websites (autocroc.com and other country specific top level domains like .co.uk) and mobile apps (Autocroc app for Android, Autocroc app for iOS, Autocroc for Windows) (hereinafter collectively "Autocroc" / "Autocroc services"), under the name "Autocroc". The Operator is the controller of personal data. The Operator decides on the purposes and means of processing personal data and is ultimately responsible for ensuring that the processing takes place in accordance with governing personal data legislation.

I. Introduction

The Operator takes data privacy very seriously and wants to reveal openly and transparently how this topic is dealt with.

When Autocroc is used, the Operator is provided with a set of personal data. Personal data means information which can directly or indirectly be linked to a living natural person. Examples of personal data include name, email address, telephone number, social media accounts, bank payment details and home or business addresses; however, information about IP numbers and user behavior when using the services may also constitute personal data. Below, the Operator explains to the users of Autocroc (hereinafter referred to as “user” or “users”) how data, what kind of data and for what purpose data is collected and to whom this data may be shared with. Finally, the Operator informs users about their rights as well as internal rules for data storage.

This Privacy Policy is a supplement to the Terms and Conditions and applies to the use of the Autocroc services and the utilization of all other offered services on Autocroc. The privacy policy applied refers to the policy available online at Autocroc at the time of a user’s specific visit or at the time of the specific use of a Autocroc service. By using Autocroc services the user fully accepts this Privacy Policy. Otherwise the use of any Autocroc-Service is not permitted.

The User may revoke his consent to this Privacy Statement at any time in writing (see Section VII).

II. Data collection

The Operator collects data in connection with the registration of an account and also in connection with subsequent use of the Autocroc services. In order to give a good overview of how the processing of personal data is carried out, the personal data has been divided into three categories based on how it is collected:

1. Data that is given to us by the user

When an account is created or activities are carried out through the framework of the account, personal information about the individual user is needed. Personal data in this category is characterized by the fact that the user actively provides the data to us by, e.g. completing a web form, reporting incidents to support, or providing us with feedback through functions created for such purposes.

To facilitate the registration for users and to reduce the threat of scammers and spammers the user has three ways of registering an account:

A. Registration with email with email confirmation:

The Operator hereby accesses the data of the user, which he has specified during the registration process, i.e. name, email address and password, the user will receive a confirmation email with a link to complete registration. The profile data given by the user must be correct, complete and must continuously be kept up-to-date. The user has control of which personal details are displayed in their listing.

B. Registration via Facebook Connect:

The Operator accesses user data, which is saved in the individual’s Facebook Profile. The user agrees to share this data with the Operator during the registration process. This permission can be revoked at Facebook at any time. Of course, the Operator does not have access to the users’ Facebook Login data. The Operator is not liable or responsible for wrong or unauthorized data transfers from Facebook. The user has control of which personal details are displayed in their listing.

C. Registration via Google+ Connect:

The Operator accesses user data, which is saved in the individual’s Google+ Profile. The user agrees to share this data with the Operator during the registration process. This permission can be revoked at Google+ at any time. Of course, the Operator does not have access to the users’ Google+ Login data. The Operator is not liable or responsible for wrong or unauthorized data transfers from Google+. The user has control of which personal details are displayed in their listing.

2. Data collected when you use the Autocroc services

By using the Autocroc services and carrying out activities, the user provides data which is stored by the Operator in its database. This process takes place for user recognition and to ensure the delivery of the service that the user has requested. The Operator will also store information when the user contacts the Operator, for example when the user emails the Operator’s customer support, so that the Operator can assist the user and answer open questions. The Operator may also use anonymous and aggregated data about such inquiries to improve its services.

By using the Autocroc services, the Operator gathers information about individual user’s activity, e.g. which services and screens are visited within Autocroc and how they are used. The collected data can be divided into the following types:

A. Technical information about the user’s device and internet connection

Through server logs and other tools the Operator records information about the user’s device and internet connection, including operating system, browser version, IP addresses, cookies and other unique identifiers. The technical information is usually processed as aggregated data in order to analyse how the Operator’s services are used. The Operator may, however, link such data to the user’s account, for instance so that the Operator can customize the Autocroc-services to the User’s device.

B. Information about the use of the Autocroc services

The Operator registers the user’s account activities such as logging in or out of the user account, and any purchase of products or services through the Autocroc services. The Operator also stores information about a user’s visit on Autocroc. The Operator uses this information, amongst other things, to prevent abuse, to improve the Autocroc services and to provide users with personalized services, recommendations and advertisements.

C. Information about users’ location

When Autocroc is used, the individual user’s location may be estimated through the IP or Geo-location detected on the individual’s device. This information is, for instance, used to show content or provide offers relevant to the user’s location. This is done to improve the Autocroc services and to identify and display the location of the classified ads listed by the user. In order to avoid the identification of a user’s actual exact location, a slightly displaced location of the seller is shown in the published classified ads.

D. Cookies and locally stored content

When the user uses the Autocroc services the Operator applies various technologies in order to recognize the user. The Autocroc website uses “cookies” in order to enable all functionalities of the Autocroc website and to facilitate the use of the page. For instance, the Operator uses cookies so that the user does not have to log in every time he visits the Operator’s services. The Operator may also store anonymous identifiers locally on the user’s device, especially mobile devices that are incapable of using cookies. See Clause VI below for more information on cookies and anonymous identifiers.

E. Google Analytics

The Operator uses Google Analytics, a web analytics service provided by Google Inc. Google Analytics which also uses " cookies". The user is free to opt-out of data collection generated by cookies related to the use of the Autocroc Website (incl. IP-address) as well as from the processing of such data. This can be done by simply downloading and installing the respective Browser-Plugin. Further information about Google Analytics and related data protection can be found under https://tools.google.com/dlpage/gaoptout

or under

https://support.google.com/analytics/answer/6004245?hl=en

3. Information from other sources

The Operator may from time to time receive information from other sources such as partners, ad networks and other third parties that help the Operator understand user activity and preferences. This is collected to improve the Autocroc services. Examples of this include when the user creates a user account by connecting with his/her Facebook profile, and the Operator may add basic profile information. An advertising partner may also share information about what happened after the user had clicked on an ad on the Operator’s website, so that the Operator can measure the impact of an ad and provide more relevant content or advertisements. The analysis is usually carried out at an aggregated and anonymized level.

III. Processing purpose

The Operator uses data of the user for the following purposes:

Summary of purposes: The Operator processes and may share personal data with other companies within the Autocroc Ltd Company for the purposes of (1) delivering the Autocroc services; (2) improving and developing the Autocroc services; (3) personalized advertisements, offerings and recommendations; (4) identification of market trends; (5) preventing, limiting and investigating abuse of the Autocroc services.

More detailed information about purposes is available here below.

1. Delivery of the Autocroc-Services

For the usage of Autocroc-Services it is necessary, that the Operator identifies the users’ current location. This allows Autocroc to show classified ads located close to the user and is also used when publishing classified ads by sellers. In order to avoid the identification of a user’s actual exact location, a displaced location of the seller is shown in the published classified ads.

In addition, the Operator uses other personal information to personalize a user’s account and offer a good user experience. This relates primarily to user experience in connection with registration, login, surfing between services and purchases of products and services.

2. Improvement and further development of the Autocroc Services

The Operator uses information to improve its services, for instance by trying to make the registration, log in and payment processes for premium services as user-friendly as possible. This may result in, for instance, registering all steps (screen views, clicks) related to the search of a particular product in order to understand if certain elements of the process are confusing to the users or not. The analysis is usually carried out at an aggregated and anonymized level, but the Operator may also use identifiable data to provide technical support and to understand how each individual uses the Autocroc services.

To improve the Autocroc services and to detect and analyze errors, the Operator uses certain tracking-tools. Therefore, the Operator traces user behavior independently as well as via third-party suppliers (e.g. Google Analytics). Part of this data also contains (not solely) the users’ IP-Address and user behavior. Please take note that Google and other third-party suppliers also save this data for statistical reasons and transfer this data to servers in other countries. Some third-party suppliers also reserve the right to share the collected information with other parties.

The Operator may inform the user about changes to or improvements of the Autocroc services by using his email address or through push notifications. In addition, the user will recurrently receive the Autocroc newsletter. The newsletter can be unsubscribed by directly clicking on the unsubscribe link within the newsletter.

3. Personalized advertisements, offerings and recommendations

The Operator uses information to personalize and tailor services, and to also provide the users with a content that may be relevant to them. Sometimes the Operator serves content based on the user’s explicit wishes, such as if the user opts in to receive search alerts. The Operator may also serve content and recommendations based on user activities; for instance, when the Operator recommends products based on popularity among users. Furthermore, the Operator may use information in advertising campaigns that is tailored to the users when they visit affiliated services within the Autocroc Ltd Company.

The Operator can advertise via the Autocroc services or the operator by collaborating with third party providers in order to optimize the impact of the advertisement.

4. Identification of market trends

The Operator analyses data to understand market trends in order to improve, develop and customize the Autocroc services. Such analysis can be made both by the Operator directly or by so called data processors, which analyze the data on behalf of the Operator (subject to strict data processing agreements that maintain data confidentiality and integrity).

5. Preventing, limiting and investigating abuse of the Autocroc services

We use information to restrict various forms of abuse of the Autocroc services, such as fraudulent activities, denial of service attacks, spamming, viruses, unauthorized logins and other actions that violate our Terms & Conditions, or are prohibited by law.

IV. Usage of data by third parties

For all services, that use social networking functionalities such as the Facebook Like button or the Google +1 button or the Twitter Follow button, please be aware, that Facebook and other suppliers of social networks can collect user data even if the user is not registered on the page or has not specifically approved the data transfer. By using popular functions such as the Facebook “Like-Button” or the Google “+1 Button” or the Twitter “Follow Button” the providers of these features can draw conclusions concerning page visits and the individual user’s behavior. Further information can be found in the terms and privacy policy of the respective supplier at these links http://www.google.at/intl/en/policies/privacy/

http://www.facebook.com/policy.php

https://twitter.com/privacy?lang=en

Third parties that fall under the provisions of point V about the sharing of data may collect and use the data to improve their products and services and for analytics purposes. Third parties may disclose this data in an aggregated form only.

V. Transfer of data

The Operator will not share, sell, convey or otherwise disclose personal data other than as stated in this Privacy Policy, unless it is required to do so by law or the user has given his/her explicit consent to do so. However, personal data may be transferred due to the following reasons:

1.Transfer of personal data within the Autocroc Ltd Company

Personal data may be transferred to other companies within the Autocroc Ltd company owned wholly or partially, directly or indirectly by Autocroc it is relevant for achieving the purposes for which the data has been compiled. Such companies may independently process personal data with the aim of personalizing and improving user’s experience and/or their own products and services, in accordance with the privacy policy applicable to each specific company.

2. Disclosure of personal data to a third party

If there is suspicion of illegal activities in connection with the use of our services, information may be disclosed to the police and other public authorities subject to a court or administrative order. The Operator may share information with other third parties if they can prove an overriding interest in the identity verification of a user as well as in the determination of certain unlawful facts. Further third parties have to substantiate that the knowledge of this information is essential evidence for a prosecution act. The matter stated above does not rule out that personal data assistants may be used. These process personal data on behalf of the Operator in accordance with written personal data assistance agreements and instructions. Personal data assistants who obtain access to user data (e.g. when a third party is used to perform payment transactions or store information on a server) are not granted any right to use individual users’ personal data for purposes other than those stated in this privacy policy.

3. Transfer of personal data to a country outside the EU/EEA

The Operator may transfer parts of users’ personal data to a third country, i.e. a country outside the EU/EEA. For example, personal data may be stored on servers located in a third country. We have established legal mechanisms to ensure that users rights are protected irrespective of such transfers.

VI. Cookies and other technologies

The Autocroc website uses “cookies” in order to enable all functionalities of the Autocroc website and to facilitate the use of the page. "Cookies" are small text files that allow the Operator to store specific information on the user’s PC while he/she visits the Operator’s website. Cookies support the Operator in finding out more about the frequency of usage of the website, the number of users of the website, as well as enabling the Operator to make offers as easily and efficiently as possible. The User may disable cookies in general, restrict them from certain websites or adjust his/her browser to notify him/her about cookies. Cookies can be removed from a PCs hard disk at any time. Please note that in this case the display of the website might be restricted and that the user guidance might be limited.

In addition to cookies, local storage, pixel tags and other similar technologies are used. These are used to achieve similar results to that of cookies. These technologies recognize users and the users’ behavior. Sometimes these technologies are used in combination with cookies. These can only be blocked, removed or disabled in browsers that allow these settings.

VII. Deletion of the user account

The user is entitled to delete his/her account without giving any reason. It should be noted that by deleting an account all personal data will be deleted. The Operator reserves the right to maintain personal data regardless if the account has been deleted. Possible reasons for this include (but are not limited to) the enforcement of the terms and conditions, compliance with legislative requirements, support of investigations, enforcement of ongoing and unfinished deals as well as the settlement of disputes. If the storage of personal data is no longer necessary for the Operator, the data will be destroyed immediately.

The Operator notifies all third party recipients of personal data about the user’s request to delete his/her data, unless this proves to be impossible or is a disproportionate burden.

It should also be noted that the timely deletion of search results in search engines cannot be guaranteed by the Operator.

If the user wants to correct, rectify or erase data within the framework of the legal requirements, or if the user decides to revoke their consent to this Privacy Statement he/she may a request to support@autocroc.com. The email request should be justified if the user requests the deletion of their personal data within the legal framework. The Operator will, however, not be able to provide access to the Autocroc services if the user revokes his/her consent.

It may take up to 8 weeks to process user requests as stated in this Clause.

VIII. Duration of storage

Personal data is kept no longer than necessary in order to be able to satisfy the purpose of the processing. Personal data is deleted or anonymized on a regular basis when it is no longer relevant for the purposes for which it has been collected. The Operator will, for example, retain personal data as long as the account has not been deleted or the user has revoked his consent according to Clause VI or as long as necessary for the provision of the Autocroc services or as otherwise necessary to comply with applicable laws.

IX. Final provisions

1. Changes to the Privacy Statement

As soon as the Operator changes the terms of this Privacy Statement, the amended version in combination with the respective publication date will be published herein. An explicit reference to the change of the privacy policy will not be made. The privacy policy shall automatically and periodically be reviewed by the users to comply with changes. If an individual user does not agree with the changes made, he/she is free to request the deletion their account or to revoke his/her consent of this privacy policy (also see Clause VII).

2. Liability

The Operator is not liable for unauthorized access of user data for example caused by hackers or system errors.

3. Applicable Law

This privacy policy shall be subject to United Kingdom law, excluding the UN Convention of International Sale of Goods and the reference norms (IPRG, EVÜ, etc.). The exclusive place of jurisdiction is the relevant court in London, United Kingdom.

4. Severability Clause

If individual stipulations of this privacy policy should be or become ineffective, invalid or unworkable, this shall not touch the legal effectiveness of the other stipulations of this privacy policy. In place of the ineffective, invalid or unworkable stipulation, a valid and workable regulation shall apply which approximates as closely as possible to that the contract partners would have economically intended if the contract partners would have pursued with the ineffective, invalid or unworkable stipulation. The above stipulations apply accordingly in the event that the contract is shown to be incomplete.

Privacy Policy Version: 18-09-2016

Autocroc, Untied Kingdom

Welcome to Autocroc – your place for everything auto!

1 Introduction

Search and sell everything auto. New, Used, Classics, Parts, Imports, Barn finds, Motor sport, Aviation, Marine, Military or Salvage Repairable Vehicles with Autocroc ‘your place for everything auto’ you can sell and find the most amazing vehicles and parts.

Insaneye, (hereinafter referred to as "Operator") operates websites (Autocroc.com and other country specific top level domains such as .co.uk) and mobile apps (Autocroc app for iOS, Autocroc app for Android, Autocroc app for Windows) (hereinafter collectively referred to as "Autocroc" / "Autocroc services"), under the name “Autocroc”.

These terms and conditions (hereinafter referred to as "Terms") apply to the use of the Autocroc services and additional services offered through the Autocroc-Services. The Terms available at Autocroc.com at the exact time of usage of the Autocroc services will be applied. By using Autocroc services the user accepts the Terms. If the user does not accept the Terms, the use of any Autocroc services is prohibited.

2 Offered Services

Autocroc is a marketplace where registered users can buy and sell a variety of vehicles and vehicle related goods and services (hereinafter referred to as "Products"). This is permitted as long as offers, sales and/or acquisitions do not violate statutory provisions, good morals and/or the Terms.

The Autocroc app can be downloaded free of charge from the Apple App Store, Google Play Store and the Microsoft Store, the Autocroc website is free to use and is available at http://www.autocroc.com. The use of the Autocroc basic service version is free of charge. Depending on individual mobile phone rates, costs for data transfer may apply, which have to be carried by the user. Various supplementary products like extra photos or adding video or subscriptions (e.g. Premium-Membership) (hereinafter collectively referred to as “premium features”) are subject to charge and can be purchased through the Apple App Store, Google Play Store, Microsoft Store or Paypal. Respective prices are clearly displayed in the mobile applications and website prior to the actual purchase and have opt out options.

The Operator reserves the right to change these prices at any given time. All prices are quoted inclusive of value-added tax at the respective applicable statutory rate. Moreover, the Operator reserves the right to offer varying premium features in the Autocroc iOS App, Android App, Microsoft App and the Website, due to different stages of development.

The user agrees with his/her purchase of a premium-feature that Autocroc immediately delivers the purchased service entirely following the conclusion of the corresponding contract.

The operator is not responsible for content generated by users. However, there is no right for publication of content. Participation on Autocroc is not enforceable and can also not be compelled or required in any other form. The Operator reserves the right to deny the participation of Autocroc temporarily or permanently even without further reasons. A new registration under a different name and/or other email address following having been blocked is not allowed. If a user has been blocked, he/she may contact the Operator via email at support@autocroc.com and request for clarification regarding this matter.

3 Contractual conditions

The Operator only provides information as well as a technical framework for users. The classified listings and user posts are not legally binding offers by the Operator. Claims of contracts between users cannot be claimed from the Operator. The Operator is not a contracting party. The contracts are exclusively concluded between the users of the marketplace. The fulfillment of these contracts concluded via Autocroc is carried out exclusively among the users. The Operator therefore only provides the technical framework for users to conclude such contracts.

The Operator offers various paid premium features. These premium features represent offers made by the Operator in order to conclude a contract regarding the respective premium feature. Contracts for the use of paid premium conducted by the user’s acceptance of the respective offer. Firstly, the user chooses the desired supplementary product or the desired subscription. As soon as the user confirms and pays the purchase, the respective premium feature will be activated. A contract is concluded as soon as the user confirms the In-App purchase and, if necessary, enters the respective password. By concluding the contract, the supplementary product will be activated and immediately consumed/the term of the subscription starts to run. In the course of In-App purchases the Operator does not acquire any billing- or payment information, as all transactions run through the user’s Apple App Store- or the Google Play Store- or the Microsoft Store or User Paypal account. In case of input errors or other errors the user shall get in touch with either the Apple App Store or the Google Play Store or the Microsoft store or Paypal.

The user is not entitled to download the displayed information on a computer or any other data medium. The repeated and systematic downloading of part of the displayed information, even of an insignificant nature and scope, is equivalent to downloading a substantial nature and scope or part of the displayed information. Moreover, the use of a computer program for the automatic relisting-out of data in particular, such as scraping, crawlers, spiders or bots is absolutely prohibited. Printing of the displayed information is only allowed for private purposes and only to an absolutely necessary extent. Any use of information for business purposes, in particular for commercial use, is forbidden.

The Autocroc app is compatible with iOS, Android & Windows devices, although perfect performance cannot be guaranteed on every device as versions differ. Please note that additional terms and conditions by the Apple app store, Google play store and the Microsoft Store may apply.

4 Eligibility, registration, and deletion of the account

Users have to register to use most of the features. Registration is free of charge for users. The use of the Autocroc service is permitted for individuals over the age of 18 years, who are viable to entering a legally binding contract. Furthermore, users between the age of 14 and 18 years are allowed to enter contracts whereby the approval of the respective parent or legal guardian has been given.

Individuals can make use of the Autocroc services by registering via a Facebook account or Google+ account or by email with email reply confirmation. By registering, the user confirms that he/she has reached the age of 18 years or is between the age of 14 and 18 years and has received approval for the unlimited use from their parent or legal guardian. The specified profile data must be correct, complete and must continuously be kept up-to-date. Multiple registrations are not permitted.

The users’ login credentials must be kept confidential. The user must take appropriate measures to prevent the unauthorized use of this data in order to access Autocroc. In case third parties have had access to the login data, the Operator needs to be informed immediately or the access data must be changed immediately.

By registering, the user agrees to receiving the recurring Autocroc newsletter and therefore receives information at regular intervals from Autocroc. The user may unsubscribe from the newsletter by directly clicking on the unsubscribe link in the newsletter.

Users can delete their user account at any time without giving reasons. Further information can be found below in the Privacy Policy.

5 Withdrawal and termination

The cancellation policy applies to consumers (as defined by law) who purchased premium features at the Operator, which are subject to charge.

Right to cancel premium features:

The consumer may withdraw from the contractual agreement of a purchased premium feature within a period of 14 calendar days, by email without giving reasons. The withdrawal period starts on the day of the conclusion of the contract. To comply with the cancellation period, it is sufficient to submit the cancellation within the due time. Cancellations must be sent to: support@autocroc.com

However, at the time of the purchase of a premium feature the user agrees that the Operator immediately activates the premium feature before the withdrawal period expires. The user also agrees that with such activation the right of withdrawal is waived.

Obligations for the refund of payments must be fulfilled within 30 days.

If the user deletes the Product on which the premium feature was applied, the premium feature is considered to be fully consumed, even if the premium feature is time-dependent and the period has not expired (e.g. deleting a classified listing with a highlight-premium-feature, deleting a premium search agent, deleting the user-account).

6 Posts by users, copyright of third parties

Each post must be written or created personally by the respective user.

It is strictly forbidden to publish illegal, obscene, offensive, discriminatory, vulgar, violence-glorifying, pornographic, adult content and/or any other content that infringes personal rights. Moreover, aspersions and insults of people and businesses are not permitted. In addition, the harassment through mass distribution of content or messages (spam), the systematic harassment of individual users, hacking in any form, i.e. electronic attacks of any kind on the Autocroc service, the database and the network of the Operator or on individual users, as well as the spreading of viruses etc. are strictly prohibited and are reported to the respective authority.. Violations leading to the deletion of the item or blocking of the user account. In addition, the Operator reserves the right to move, remove posts, disable or to delete user accounts.

With the publication of classified listings, especially in regards to images (e.g. Product images), the user must ensure that copyrights are respected accordingly. This is done by ensuring that the user has all rights to publish and does not violate any rights whatsoever. Uploaded or embedded images/graphics cannot have watermarks or marks of other websites. The Operator reserves the right to limit the maximum size of images and to modify or remove images.

The user assures that he does not copy, paste, upload or integrate copyrighted content in any other form to the Autocroc services. Exceptions are such contents that have been released for further use by the copyright holder.

The user may not use Autocroc for the promotion of third-party products, the distribution, offering or sale of products, whose distribution, offering or sale is unlawful according to the local law or which are subject to selling restrictions (e.g. as a result of regulations) as well as for the distribution, offering or sale of food or living creatures, Autocroc is for Vehicles only.

7 Classified listings and transactions

The displays of items offered for sale (in the following called "classified listings") include information about the user who is offering this item (hereinafter referred to as “Seller”), user uploading images of the item, a description of the item provided by the user, the location of the item, as well as a purchase price proposal. If the seller states a fixed price then the buyer can pay the price or make an offer by phone, email, sms or by person. If the seller states a Breaking – Savage – Parts then this item is to be offered as individual pieces in which the buyer will request prices by phone, email, sms or by person. If the seller states Wanted then anyone with said item can offer it for sale. If the seller states a price of 0.00 it means he/she intends to give the item away for free.

If the Operator is informed that this is not the case, the classified listing will immediately be removed.

Sellers and Buyers will agree prices and payment terms by phone, email, sms or by person but not through the Autocroc app or website

The Operator does not offer any items, does not submit any bids, does not receive any bids and does not accept any offers in regards of the items in the classified listings. The Operator is not a party partaking in the sales contracts concluded, which are closed exclusively between the users of this marketplace. Furthermore, the fulfillment of these sales contracts concluded via the platform of the Operator is exclusively carried out among users.

The Operator is not obliged to verify the transmitted or stored information or to actively search for circumstances which may indicate illegal activity.

Should the Operator somehow become aware of a specific unlawful act of an individual user or receive information within the Autocroc services, the information will immediately be removed or the access to this content will be blocked. If you are aware of such actions or information we ask for immediate notification by email at support@autocroc.com.

8 Granting of rights and liability for users

By posting user contributions, the user grants and the user represents and warrants that he has the right to grant, to the Operator an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, modify, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute the content created by the user for any purpose, commercial, advertising, or otherwise, or in connection with Autocroc or any other product or service of the Operator or the promotion thereof.

This includes the full and unrestricted online and offline use of such content. These rights remain indefinitely with the Operator, even if the user is no longer registered with Autocroc.

Shall the Operator be held liable, due to a violation of the Terms or applicable law by the user, the user obliges himself to release the Operator from any legal consequences (e.g. claims of third parties). The indemnity includes but is not limited to payable fines, damages, as well as all costs of legal defense and legal representation.

9 Liability

The Operator cannot be held liable for the correctness of the information or the images shown in the classified listings or the comments of the users or the contractual commitment of users or the flawlessness of the purchased item.

The Operator is not liable for any damage caused by errors, delays or interruptions in the transmission, malfunctions of the technical systems, loss or deletion of data, viruses or any other damage which can occur during the use of Autocroc, unless they are caused intentionally or grossly negligently by the Operator or the damage concerns the injury of life, body or health. The Operator is liable only for the amount which corresponding with contract-typical foreseeable damages. There is no liability for loss of profits, savings, damage from claims of third parties, and for other direct and indirect consequential damage.

The foregoing limitations of liability include claims against employees or representatives of the Operator as well as the licensors of the Operator and their licensors or the licensees of the Operator and their licensees. Autocroc services might be subject to an underlying licensing agreement. The liability of the licensor is determined by the respective licensing agreement.

Moreover, the Operator is not liable for the content, accuracy, legality and functionality of third party internet pages, which reference from or to the platform of the Operator via a link.

The Autocroc services are only accessible for the user with an active Internet connection. The Operator neither assumes responsibility that the Autocroc services are continuously usable and/or accessible, nor is the Operator liable for technical transmission delays or failures. The Operator excludes any warranty for the functionality of the Autocroc services. The Operator is not liable for the unauthorized knowledge attainment of personal user data by third parties such as hackers.

10 Violations of the Terms

In case of violations of one or more of these provisions the Operator is entitled to temporarily or permanently, and notwithstanding of further legal steps against the affected user, block or delete his/her account, posts, classified listings and any other content provided by this user, and/or to partly or fully prevent the publication of articles and profiles of the user and/or to block their access to the Autocroc services totally or in part. In case a user has been blocked, they can write to support@autocroc.com and ask for clarifications regarding his/her restriction.

In case a user receives a definite block (restriction) from the Autocroc services, all purchased premium features forfeit without compensation. For a temporary block the right to use the premium features will not be extended by the period of the exclusion. These services also forfeit without compensation.

If a temporary blocked classified listing will be blocked definitely, all premium features purchased and/or used for this listing will forfeit without compensation. For a temporary block of a classified listing the right to use the purchased and/or used premium features for this classified listing will not be extended by the period of the block. These services also forfeit without compensation.

The enforcement of any other claims, especially for damage compensation, remains expressly reserved for the Operator.

If a users violate the rights of third parties or the Terms, we ask for notification with a brief description via email at support@autocroc.com.

11 Data protection

The protection of the personal data provided is very important to the Operator. Privacy rules, as specified in the Privacy Policy, apply.

12 Amendment of the Terms

As soon as the Operator changes the Terms, the amended version together with the respective publication date will be published herein. An explicit reference to the change of the Terms will not be made. The Terms shall automatically be reviewed by the users periodically to check for changes. If the user does not agree with the changes the user remains free to delete his/her account.

13 Final provisions

The Terms shall be subject to United Kingdom law, excluding the UN Convention of International Sale of Goods and the reference norms (IPRG, EVÜ, etc.). The exclusive place of jurisdiction is the relevant court in London, United Kingdom.

With a view to reaching an out-of-court settlement between the Operator and the User, the User my contact the online platform provided by the EU. The so called LISTINGR-platform is available here: http://ec.europa.eu/consumers/odr/. The Operator expressly points out that the sales contracts in regards of classified listings constitute contracts between the users. The Operator does not offer any items, does not submit any bids, does not receive any bids and does not accept any offers in regards of the items in the classified listings.

If individual stipulations of the Terms should be or become ineffective, invalid or unworkable, this shall not touch the legal effectiveness of the other stipulations of the Terms. In place of the ineffective, invalid or unworkable stipulation, a valid and workable regulation shall apply which approximates as closely as possible to that the contract partners would have economically intended if the contract partners would have pursued with the ineffective, invalid or unworkable stipulation. The above stipulations apply accordingly in the event that the contract is shown to be incomplete.

Terms and conditions version: 18-09-2016

Autocroc, United Kingdom