VavaCars Website Use Terms & Conditions (Pakistan)

  1. ABOUT US

    1. Company Details. Vava Cars Pakistan (Private) Limited (company number 129609) (we, us and our), is a company registered in Pakistan and our registered office is at 1st Floor, MA Tabba Foundation Building, Gizri Road, Block 9 Clifton, Karachi, Pakistan. Our national tax number is 5365323-0. We operate the website <%= translate('common.vava-site-tr')%> (the Website).
    2. Contacting us. To contact us telephone our customer service team at <%= translate('General.vavaContact')%> or email <%= translate('General.vavaEmail')%>.
  2. TERMS OF WEBSITE USE

    1. These website use terms and conditions (the Terms) should be read together with the other applicable terms as referred to in this document. These Terms set out the terms on which you agree to use the Website, whether as a guest or registered user. These Terms govern the use of the Website by users who are selling their vehicle through us. Separate terms of use govern the use of the part of the Website that can be used by purchasers (including dealerships) (Website Use Terms & Conditions for Dealerships).
    2. Use of the Website includes accessing, browsing or registering to use our Website, using the services as provided by the Website (the Services) whether via a computer, tablet, mobile device or any other means. The Services include the online vehicle valuation tool (the Vehicle Valuation Tool) as well as the physical inspection appointment booking tool (the Physical Inspection Booking Tool).
    3. Please read these Terms carefully before you start using our Website. We recommend that you print a copy of them for future reference.
    4. By using our Website, you confirm that you accept these Terms and that you agree to comply with them.
    5. If you do not agree to these Terms, you must refrain from using our Website or any of the Services.
  3. OTHER APPLICABLE TERMS

    1. 3.1 These Terms refer to the following additional terms, which also apply to your use of our Website and our Services:
      1. Our Privacy Policy. Please see our Privacy Policy , which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.
      2. Our Cookies Policy. Please see our Cookies Policy which sets out information about the cookies on our Website.
    2. Offer Terms. If we offer to sell your Vehicle on your behalf to the dealers by way of online auction or private sale, at a given price that we are willing to pay on non-recourse basis, and you are willing to accept our offer, a binding agreement will only be made between you and us once you have accepted our Standard Vehicle Purchase Offer Terms and Conditions (the Offer Terms). The Offer Terms will be binding on you and us subject to Completion (as defined below) and completion of the conditions at clause
      1. No other terms are implied by trade, custom, practice or course of dealing.
    3. Entire agreement. The Terms constitute the entire agreement between us in relation to their subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in these Terms.
    4. Language. These Terms are made in English and Urdu and if there is any inconsistency between the English and Urdu versions, the English version will prevail.
  4. CHANGES TO THESE TERMS

    1. We reserve the right to revise these Terms at any time without notice. The revised Terms will be effective, and will be binding on you from the date that they are posted on our Website.
    2. Please check this page from time to time to note any amendments that we have made to these Terms. If you continue to use our Website and/or Services, you will be deemed to have accepted the amended Terms. We will use our reasonable endeavours to inform you of any changes in your account or by other reasonable means.
  5. CHANGES TO OUR WEBSITE

    1. We may update our Website from time to time and may change the content at any time. We do not guarantee that our Website, our Services or any other content that we provide on our Website will always be up to date at any given time and error or omission free. We do not have any obligation to update the content on our Website and ensure it is error or omission free.
  6. ACCESSING OUR WEBSITE

    1. You may access and use our Website or our Services free of charge. However, if, at any time, we find that you use our Website or Services for commercial purposes (other than where you are selling your vehicle to us), or not in accordance with the Permitted Use of Our Website and Services term at clause 8 below, we reserve the right to charge our standard fee for your use. This is without prejudice to any other rights or remedies we may have.
    2. We may suspend, withdraw, discontinue or change all or any part of our Website and our Services at any time without notice to you. We will not be liable if for any reason our Website and/or Services are unavailable at any time for any period. You are responsible for any arrangements necessary for you to have access to our Website and/or our Services. You are responsible to ensure that all persons who access our Website and/or Services through your internet connection are also aware of these Terms, and that they comply with them.
    3. We do not guarantee that our Website, Services, or any content we provide on our Website will always be available without interruptions, or always be secure, or be free from bugs, viruses, or other malicious code. You should use your own virus protection software.
  7. YOUR ACCOUNT AND PASSWORD

    1. If you choose to register with our Website, to use our Services and set up or are provided with a username, identification code, password or any other piece of secure login information (the Login Details), you must treat the Login Details as confidential and not disclose these to any third party. You must not share or allow any third party to use your Login Details.
    2. If, in our reasonable opinion, you have disclosed your Login Details to any third party or have failed to comply with any of these Terms, we reserve the right to disable your Login Details.
    3. 7.3 If you suspect that a third party has obtained your Login Details, please contact us as soon as you become aware at <%= translate('General.vavaEmail')%>.
    4. We are not responsible in the event you suffer any loss or damage following any third party use or misuse of your Login Details.
  8. PERMITTED USE OF OUR WEBSITE AND SERVICES

    1. The purpose of our Website and our Services and in particular the Vehicle Valuation Tool and the Physical Inspection Booking Tool is to allow users to obtain a valuation of their vehicle, and to offer your vehicle for sale through us. The Services are not designed for commercial use (other than where you are offering your vehicle for sale through us), whether by individuals or businesses.
    2. You must only access and use the Website and Services where you are offering your vehicle to us:
      1. To obtain a valuation of your vehicle that you intend to sell through us; and
      2. To book a physical inspection for your vehicle that you intend to sell.
    3. You are prohibited from using our Website and Services to obtain a vehicle valuation, for commercial purposes (other than where you are selling your vehicle to us). For the avoidance of doubt, you are prohibited from using our Website and Services in respect of vehicles you intend to sell to third parties
    4. We reserve the right to monitor the use of our Website and Services. If we identify any use by you of our Website and Services for valuation purposes only (without an intention to offer the vehicle for sale through us), without prejudice to our rights at clause 6.2, we reserve the right to charge you our standard fee pursuant to clause 6.1 above.
    5. Prohibited uses. You may use our Website and Services only for lawful purposes. You must not use our Website and Services:
      1. In any way that breaches any applicable local, national or international law or regulation;
      2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      3. In any way manner that is offensive or abusive;
      4. For the purpose of harming or attempting to harm minors in any way;
      5. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
      6. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or any material designed to interrupt, damage, limit or destroy the accessibility and functionality of our Website and Services;
      7. To gain unauthorised access, interfere with, damage or disrupt by any means whatsoever to:
        1. Our Website and Services or any part of them, whether public or non-public;
        2. and
        3. Any equipment or network on which our Website and Services are stored;
        4. Any server connected to our Website or from which the Services are provided; and
        5. and
        6. Any software used in the provision of our Website and Services or any equipment or network or software owned or used by any third party.
      8. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
        1. Content standards. Our content standards apply to any and all material that you contribute to our Website and Services. Contributions must be accurate where they state facts, be genuinely held where they state opinions, and comply with applicable laws in Pakistan. Contributions must not be:
          1. Defamatory of any person;
          2. Promoting violence;
          3. Threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
          4. Likely to harass, upset, embarrass, alarm or annoy any other person;
          5. Discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age;
          6. Obscene, offensive, hateful or inflammatory;
          7. Infringing any copyright, database right or trade mark of any other person;
          8. Likely to deceive any person;
          9. Made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
          10. Promoting any illegal activity;
          11. Used to impersonate any person, or to misrepresent your identity or affiliation with any person;
          12. and
          13. Advocating, promoting or assisting any unlawful act such as (by way of example only) copyright infringement or computer misuse.
  9. LINKS

    1. You must not establish and operate a link to our Website and/or Services in such a way as to suggest or imply any form of association, approval or endorsement on our part where none exists.
    2. You must not establish a link from any website that is not owned by you.
    3. We reserve the right to withdraw any linking permission without notice and to require you to immediately remove any link to our Website and/or Services at any time. The website from which you are linking must comply in all respects with the standards set out in these Terms.
    4. If you wish to make any use of material on our Website and/or Services other than that set out above, please address your request to <%= translate('General.vavaEmail')%>.
    5. Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
  10. INTELLECTUAL PROPERTY RIGHTS

    1. All rights, including copyright and trademarks, in the content of any marketing materials provided by us including these web pages and in the photographs of any vehicles displayed on our Website or any other marketing materials from time to time and all database rights in our database of vehicles, are owned or controlled for these purposes by us.
    2. All trademarks, brands, names, and logos are the proprietary marks of us. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these Terms in any way confers on you any licence or right under any trade marks, names or logos.
    3. You may not use any of our proprietary marks or information displayed on our Website or any other marketing materials. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  11. VEHICLE VALUATION TOOL AND VEHICLE PURCHASE

    1. The purpose of the Vehicle Valuation Tool is to provide you with an estimated value of your vehicle, and the price that we may be willing to pay (the Online Valuation).
    2. We will only provide valuations for and offer to sell vehicles which are registered in locations where we have offices. We will not offer to sell vehicles which are subject to any sort of financing or hire purchase arrangement that remains outstanding. If you wish to sell a vehicle was subject to third party financing through us, you will need to provide us with a copy of the no objection certificate (NOC) at the Physical Inspection Appointment.
    3. The Online Valuation is based on information you disclose in response to requests about your vehicle in the Vehicle Valuation Tool. The information that you must disclose about your vehicle to obtain a valuation includes, without limitation:
      1. The age of the vehicle;
      2. The parameters of the vehicle i.e. make, model, registration year, body, facelift, seats, engine, wheel drive, transmission and trim of the vehicle;
      3. The number of key sets for the vehicle;
      4. Whether the vehicle meets all local and national road safety and environmental standards;
      5. Whether the vehicle is an imported vehicle;
      6. Whether the vehicle has any mechanical faults;
      7. Whether the vehicle’s engine starts and the vehicle can idle;
      8. Whether the vehicle has any mechanical or interior damage;
      9. Whether the vehicle has ever been written off by an insurance company;
      10. and
      11. Any other information that we may add and request from you from time to time. (the Information).
    4. The Online Valuation is not an offer by us to purchase your vehicle, is non-binding, does not infer any contract between you and us, is not a promise to sell and is subject to a physical inspection of the vehicle. The Online Valuation is fixed for 7 days from the date of issue of the Online Valuation, subject to physical inspection of the vehicle as described below at clauses 11.4 - 11.5.
    5. Once you receive an Online Valuation for your vehicle, and before we offer to purchase your vehicle, we will carry out a physical inspection of the vehicle at one of our physical inspection centres (the Physical Inspection Appointment), which you can book through our Physical Inspection Booking Tool on our Website.
    6. During the Physical Inspection Appointment we will inspect the vehicle and consider the vehicle’s history and condition. You agree to give your reasonable cooperation with such inspection and to honestly answer any questions and to provide any further information reasonably requested.
    7. You must provide all information as referred to in our Customer Information (KYC) Policy , and bring with you to the Physical Inspection Appointment an original copy of the documentation verifying your identity as an individual or business (Your Documentation).
    8. Once we have physically inspected the vehicle, we may offer to sell your vehicle, to a dealer at a given price (the Offer Price), which may be different to the price given on Online Valuation. If, pursuant to the Physical Inspection Appointment we consider that there is anything that affects the Online Valuation of the vehicle as provided via the Vehicle Valuation Tool, the Offer Price for the vehicle is likely to differ from the Online Valuation.
    9. You are under no obligation to sell us your vehicle that you have brought to the Physical Inspection Appointment, and we are under no obligation to offer to purchase the vehicle from you after a Physical Inspection Appointment.
    10. If you decide not to sell us your vehicle after a Physical Inspection Appointment, and then subsequently change your mind, you will need to obtain a new Online Valuation for your vehicle, and book and attend a new Physical Inspection Appointment.
  12. VEHICLE OFFER TERMS

    1. If we offer to purchase your vehicle following the Physical Inspection Appointment, and you are willing to accept our offer, you will enter into the Purchase Terms with us (or our nominee). A copy of our Purchase Terms is available here.
    2. Any negotiations or discussions that take place prior to entering into the Purchase Terms will not be binding on you or us.
  13. VEHICLE PURCHASE HANDOVER REQUIREMENTS

    1. Before we proceed to Completion, you must provide us with:
      1. All sets of keys for the vehicle (including passenger keys);
      2. All functional equipment within the car (such as the vehicle’s stereo, spare tyre’s etc.);
      3. and
      4. Any other equipment or materials for your vehicle that enables its use (such as wheel keys, pass codes, access codes etc.).
      5. The documents listed in Customer and Vehicle Information List
    2. You are responsible to ensure that all your personal possessions are removed from your Vehicle before Completion has occurred. We are not responsible for any personal items left in the Vehicle once Completion has occurred.
  14. COMPLETION

    1. 14.1 Completion of the sale of your vehicle to us will take place upon completion of all of the following steps set out below (Completion):
      1. You must attend our offices in person with your vehicle. We may, at our discretion, allow you to send someone else to attend our offices on your behalf. However, they will need to have a valid power of attorney to act on your behalf and we may request additional documentation from them. We will also only ever make payment to the registered owner of the vehicle. If you are selling the Vehicle of a relative that has died, through us, we may at our discretion purchase the vehicle from you but only with a valid succession certificate and we may at our discretion require additional documents and checks before we proceed;
      2. You will provide Your Documentation [INSERT CUSTOMER AND VEHICLE INFORMATION LIST HERE]. and a NOC (if required) to us or our authorised representative;
      3. We will carry out all necessary checks to verify: (i) your identity, (ii) the registration and ownership of the vehicle, (iii) that all vehicle taxes have been paid, (iv) that the police are not aware of any crimes relating to the Vehicle; and (v) any other checks that we may at our discretion deem necessary to carry out.
      4. Once the searches in c) come back clear, you will sign the necessary transfer documents which comprise:
        1. the Acceptance Form,
        2. the Transfer Document,
        3. Delivery Letter and Purchase Receipt,
        in our standard form for purchasing vehicles (together the Vehicle Transfer Documents);
      5. e) You must complete and sign the Vehicle Transfer Documents. We or our authorised representative will also need to sign the Delivery Letter and Sales Receipt on behalf of Vava Cars;
      6. and
      7. Completion will occur once you have signed and given to us the Vehicle Transfer Documents and we have countersigned the Delivery Letter and Sales Receipt.
    2. You will cooperate with all steps of the processes above and you will present all documents as required by us or our representatives.
    3. If you fail to provide any of the items at clause 13.1 or if Completion has not occurred for any reason, without prejudice to any other rights or remedies we have, we reserve the right to:
      1. Withdraw any offer to purchase your vehicle with immediate effect;
      2. Indicate a revised price that we would be willing to offer for your vehicle;
      3. or
      4. Deduct a reasonable amount from the Offer Price to be paid to you.
    4. If we refrain to proceed with Completion, we will return the Vehicle to you.
  15. PAYMENT OPTIONS

    1. Once we are in possession of the vehicle along with all the documents in accordance with these Terms, you will receive an amount equal to PKR 20,000/- or any other amount decided by us in our sole discretion, (the “Advance Payment”), and the balance Offer Price shall be paid by us once the Completion has occurred. All payments will either be deposited directly into your bank account by electronic transfer, pay order or through cross cheque(s) and shall be subject to applicable taxes.
    2. We will try to pay you as promptly as possible and our aim is that we will pay you for your vehicle within approximately 1 working day from Completion, although we cannot take responsibility for any delays.
    3. It is possible that events beyond our control may delay payment, and if that happens we will not have any liability to you for the delay, but we will try and keep you updated.
  16. LIMITATION OF OUR LIABILITY

    1. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
    2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.
    3. We will not be liable to any user for any costs incurred, or loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
      1. Your use of, or inability to use our Website or Services;
      2. Your use of or reliance on any content displayed on our Website or produced by our Services;
      3. Any virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it;
      4. Your use of websites linked from our Website or Services;
      5. Booking, arranging, cancelling, or attending a Physical Inspection Appointment;
      6. and
      7. The physical inspection of your vehicle during the Physical Inspection Appointment.
    4. We will not be liable for any delay or failure to perform any of any obligations under these Terms due to events or other matters beyond our reasonable control.
    5. Please note that we only provide our Website and Services for users who are selling their vehicle to us. You agree not to use our Website and Services for any commercial or business purposes (other than where you are selling your vehicle to us), and please note that in particular, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  17. YOUR LIABILITY

    1. You will compensate us in full for any losses or costs, including reasonable legal fees, we incur as a result of:
      1. Any breach by you of these Terms;
      2. Fraud and misrepresentation;
      3. Your use of our Website or Services in violation of any law;
      4. or
      5. Infringement of the rights of another person.
  18. MISCELLANEOUS

    1. If any term of these Terms is held to be illegal, invalid or otherwise unenforceable, the remaining parts of the Terms will continue to be enforceable.
    2. You may not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms to any other person.
    3. These Terms do not give rise to rights that are enforceable by any person who is not part to these Terms.
    4. If we do not exercise or enforce a right under these Terms against you at any time, this does not prevent us from doing so at a later date.
  19. APPLICABLE LAW

    1. These Terms, its subject matter and its formation, are governed by the laws of the Islamic Republic of Pakistan. The courts of Pakistan will have exclusive jurisdiction in connection with these Terms and your access to and use of our Website and Services (including any claims or disputes).
  20. CONTACT US

    1. To contact us about our Website or the Services, please email <%= translate('General.vavaEmail')%>.