Terms & Conditions
This website (the "Site") is owned and operated by The-Autos ("The-Autos"). These Terms of Service apply to the Site, located at The-Autos.com, as well as to any mobile or similar versions of the Site that The-Autos operate. By using the Site, you hereby agree that you are at least eighteen (18) years of age and you acknowledge that you have read and agree to be bound by these Terms of Service and the The-Autos Privacy Notice.
The-Autos Is an Advertising
The-Autos operate the Site as an online advertising and research service for car buyers, sellers and enthusiasts. The-Autos does not sell vehicles directly and is never a party to any transaction between buyers and sellers. As a result, The-Autos does not (a) guarantee or ensure any vehicle or any transaction between a buyer and seller, (b) collect or process payment or transfer of title on behalf of buyers or sellers, or (c) warehouse, store, ship or deliver any vehicles.
Dealer and Manufacturer Incentives and Offers
Advertisers on The-Autos may include information about special offers, incentives, or pricing programs associated with a specific brand, model, or vehicle ("Offers"). The-Autos is not responsible for the content of any such Offers, nor responsible for any errors or omissions in Offer contents or descriptions. Users of the site should contact the relevant advertiser for full details on any such Offers, including eligibility requirements, limitations and restrictions, and availability.
All information and content available on this Site (collectively, "Content") is protected by copyright and other intellectual property laws. The Content is owned by The-Autos, its Affiliates, and/or their respective licensors and suppliers (collectively, "Licensors"). The Content is intended for personal and noncommercial use only. While you may interact with or download a single copy of any portion of the Content for your personal and noncommercial entertainment, information or use, you may not reproduce, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of The-Autos.
NOTICE: Certain automotive images or video contained herein are owned by The-Auto and are protected under Nigeria and international copyright law. Access to and use of these images or video is restricted by the terms and conditions of a license agreement. Unauthorized use, reproduction, creation of derivative works, transmission, display or distribution of these images or video is strictly prohibited. The-Auto reserves the right to pursue all legal and equitable remedies against unauthorized uses.
All materials contained in this Website are the copyrighted property of The-Autos. All trademarks, service marks, and trade names are proprietary to The-Autos. Unless otherwise specified, the materials and services on this Website are for your personal and non-commercial use, and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website without the written permission from The-Autos.
We respect the intellectual property rights of others. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. When we receive proper Notification of Alleged Copyright Infringement as described below, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act.
To obtain permission to use The-Autos copyrighted materials, please refer to Rights and Permissions below.
You acknowledge that the Content includes certain trademarks and service marks owned by The-Autos, Affiliates, Licensors and others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content. The "The-Autos" name and logo are trademarks of The-Autos. Other product and company names herein may be trademarks of their respective owners.
Please note that all software programming, including without limitation all HTML and other code contained in this Site (collectively, "Software"), is owned by The-Autos and/or its Licensors and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.
If you operate a website and wish to link to the Site, you must link to the Site's home page unless permission otherwise has been granted in writing by The-Autos. The-Autos reserves the right to reject or terminate any links to the Content or the Site.
By submitting ads, content, photos, data or other materials ("Materials") to the Site, you hereby grant to The-Autos and its Affiliates a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sub-licensable right and license to copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future. You further grant to The-Autos and its Affiliates a royalty-free right and license to use your name, image and likeness in connection with the reproduction or distribution of the Materials.
This Site may offer message boards, bulletin boards, chat rooms or other forums (collectively, "Forums") to give Users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. The-Autos and its Affiliates do not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment and be respectful of other individuals using these Forums. By posting a message in the Forum, you agree to abide by these Terms of Service. You may not use the Site's Forums to engage in any Prohibited Activities (as defined below). Uploading copyrighted or other proprietary Material of any kind on the Site without the express permission of the owner of that Material is prohibited and may result in civil and/or criminal liability.
Given the nature of the Site and the volume of messages and postings, The-Autos cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information providers. The-Autos reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Materials without notice, at any time for any reason. By using the Site, you expressly agree that The-Autos (a) will not be liable to any claims, actions or judgments arising out of or related to any Materials and (b) may monitor, refuse to publish, remove, delete, move or edit any Materials without notice at any time for any reason, without liability and without providing a refund.
The-Autos does not accept unsolicited materials or ideas for use or publication in its programming or in other digital, electronic or print media except in connection with the Forums, chat rooms and bulletin boards on the Site. The-Autos and the Affiliates shall not be responsible for the similarity of any of its content or programming in any media to Materials or ideas transmitted to the Site.
You hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit the Materials to the Site, (b) the Materials do not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and (c) the Materials do not and will not violate any applicable law or regulation including, but not limited to, any automobile advertising laws or regulations, or cause injury to any person. You agree to release, defend, indemnify and hold The-Autos, its Affiliates, the Licensors, and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys' fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Materials you provide, (ii) your use of the Site or any reliance on the Content, (iii) your breach of these Terms of Service or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.
The following is a partial list of the kinds of activities that are prohibited on or through the Site: (a) submitting Material that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Material that could be harmful to minors; (c) engaging in activity or submitting Material that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" to The-Autos Users or others; (e) engaging in activity or submitting Material, or promoting information, that is fraudulent, false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Material that contains restricted or password-only access pages, or hidden pages or images; (g) submitting Material that displays pornographic or sexually explicit material of any kind; (h) submitting Material that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other Users; (j) engaging in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes; (k) using the Site's lead forms and/or toll-free numbers to advertise or promote products and services to The-Autos advertisers; (l) using any robot, spider or other automatic device, or a manual process, to monitor or copy web pages or the Content contained in the Site or for any other unauthorized purpose without our prior expressed written permission; (m) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site; (n) decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code for the Software; or (o) taking any action that imposes an unreasonable or disproportionately large load on The-Autos's hardware and software infrastructure (collectively, "Prohibited Activities").
Sell It Yourself Rules
By listing your vehicle for sale through the Site's "Sell It Yourself" service (the "Listing Service"), you acknowledge and agree to all of the Sell It Yourself Terms and Conditions.
THE-AUTOS CAR RENTAL TERMS
In addition to the vehicle are the following is included in the car rental: All tires, tools, documents, accessories as well as equipment. The renter agrees to all conditions and terms printed on this contract and to the information written on the contract with the same number and date as these car rental terms.
1. The renter fully agrees to the terms and conditions of this contract and has received a copy thereof.
2. The renter has received the mentioned vehicle and its accessories in proper and safe condition.
3. The renter agrees to return the vehicle to The-Autos on the agreed date and place, as written in the contract, or earlier if The-Autos so insists. Should the vehicle not be returned on the agreed time, a fee equal to 1/3 of the daily rate shall be charged for each hour of delay.
4. Liability and driver insurance are according to Nigeria law. Third party liability insurance shall be equivalent to the amount stipulated by the car's insurance company at each time. The renters own liability for damages on the car is limited to the worth of the car. The renter can limit his liability by purchasing a collision damage waiver (CDW) for a fixed amount which is determined each time by The-Autos.
5. The collision damage waiver (CDW) does not cover:
a) Damages done on purpose or by total carelessness of the driver.
b) Damages caused when the driver is intoxicated, under the influence of drugs, or by any other cause which renders him unfit to safely drive a vehicle.
c) Damages to the engine caused by water, such as when crossing un-bridged rivers or driving in water.
d) Damages which occur while the car is being raced or test-driven.
e) Damages caused through war activity, mutiny, riots, and uproar or by sabotage.
f) Burns on seats, carpets or floor mats.
g) Damages to wheels, tires, springs, batteries, glass (lights & windows), and radio as well as damages caused by theft of certain parts of the vehicle.
h) Damages caused by driving on bumpy roads on parts such as: transmission, drive shafts, or other parts in or on the vehicle's under wagon. Damages which occur on the under wagon when the vehicle hits the uneven road, such as ridges left by road planers, or rocks stuck in the road or the roadside. Same applies to damages which occur when loose rocks or other items hit the vehicle while it is being driven.
i) Damages caused when the vehicle is driven where driving is forbidden, also by driving off-road, on trails not marked on charts as normal roads, on snow piles, on ice, over un-bridged rivers or streams, on beaches, in dirt or on any other kind of off-roads.
j) Damages when sand, gravel, ash, lava or other earth materials are blown on the vehicle.
k) Should the vehicle be moved by sea, damages caused to it by the ocean water will not be paid.
l) Damages caused by the wind blowing up the door while opening it.
m) Other cases are referred to the general conditions of the comprehensive vehicle insurance.
7. The car must be operated and driven with great care. The renter shall be liable for all damage to the car and injury sustained by passengers caused by collision or accident, which is not paid by the insurance company of the vehicle.
8. In case of a collision or accident, the renter must report it instantly to law enforcement authorities and to The-Autos, and must not leave the scene of the accident or collision until such action has been taken and after the police has arrived on the scene.
9. Renter shall return the vehicle to the office of The-Autos which has been agreed upon at the beginning of the rental period, along with all tires, tools, accessories and equipment in same condition as it was when received, though ordinary wear and tear is accepted. The-Autos may repossess the vehicle without notice at any time if it is illegally parked, used in violation of law, against the terms of this agreement or is apparently abandoned.
10. Under no circumstances is it permitted to use the vehicle, operate or drive:
a) In violation of Nigeria law, or the conditions and terms of this contract.
b) For the transportation of passengers or property against payment.
c) To propel or tow any vehicle, trailer or other objects.
d) By any person other than the renter signing this contract, unless by written consent of The-Autos.
e) Off-roads, that is roads that are not marked as normal driving roads on a road map.
11. Any violation of Nigeria law, or of any of the terms or conditions of this contract, by the renter or any other driver which the renter has granted permission to operate or drive the vehicle, renders the renter is fully responsible for all damages done to the vehicle whatever the cause may be.
12. The number of kilometers (km) the vehicle is driven while this contract is valid is decided by reading the standard km reading device (speedometer) attached to the vehicle by the manufacturer. Renter shall report immediately if the speedometer is not working or seizes to function during the rental period.
13. The-Autos shall not be liable for disappearance or damage to any property left, stored or transported by renter or other persons, in or on the vehicle, either before or after it has been returned to lessor.
14. Renter agrees to pay The-Autos on demand:
a) Deposit of the probable rental cost.
b) All expenses incurred by The-Autos in returning the vehicle back to The-Autos's station, if it has been left somewhere else, regardless of condition of the vehicle, roads or weather.
c) A sum equal to the value of all the tires (regardless of road conditions), the tools and accessories which have been damaged, lost or stolen from the vehicle.
15. Renter is not authorized to have the vehicle or its accessories repaired or altered. The renter shall not permit any lien to be placed upon the vehicle without The-Autos prior consent. Renter shall pay all unauthorized charges in connection with the use, repairs, or safekeeping of the vehicle.
16. All car must be returned with full tank of gas.
17. Renter agrees to pay all costs to The-Autos incurred in collecting payment from Renter. A credit card number or imprint is taken at start of all rentals for security reasons. It may be used to pay all extra charges, including extra kilometre's, extra days, extra insurance, parking fines, refilling gasoline, damages or any cost due to the car rental as a result of the renters use of the car.
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. THE-AUTOS, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE LISTING SERVICE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND THE-AUTOS, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. ALL INFORMATION RELATED TO VEHICLES AVAILABLE ON THIS SITE IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. THE-AUTOS AND THE AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A VEHICLE ADVERTISED ON THE SITE. THE-AUTOS CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. THE-AUTOS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ALL VEHICLES ARE SUBJECT TO PRIOR SALES. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A VEHICLE MUST BE ADDRESSED WITH THE SELLER PRIOR TO THE SALE OF THE VEHICLE. EXCEPT AS EXPRESSLY SET FORTH IN THE SELL IT YOURSELF TERMS AND CONDITIONS, THE-AUTOS DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE LISTING SERVICE INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT YOU WILL SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE FOR SALE. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Limitation of Liability
THE-AUTOS, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, CONTENT, THE MATERIALS, THE LISTING SERVICE, THESE TERMS OF SERVICE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF THE-AUTOS, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM EXCEED FIFTY DOLLARS ($50). FOR PURPOSES OF THIS LIMITATION OF LIABILITY, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to you.
Termination of Service
You understand and agree that in The-Autos's sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and The-Autos may exercise any other remedy available and remove any Materials, if The-Autos believes that your use of the Site and/or any Materials you provide (a) violate (i) these Terms of Service, (ii) the rights of The-Autos, any Affiliate or Licensor, or another User of the Site, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to The-Autos for violations of these Terms of Service, and you consent to injunctive or other equitable relief for such violations without the requirement that The-Autos post a bond. The-Autos is not required to provide any refund to you if you are terminated as an authorized User of the Site because, in The-Autos's sole discretion, you have violated these Terms of Service.
Changes to these Terms of Service
We reserve the right to update and periodically amend these Terms of Service at our discretion and at any time. If we make changes to these Terms of Service, amendments will be posted online and the date of update will be included. Your continued use of The-Autos and its affiliated sites after any such update indicates your agreement to the same. The-Autos may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability.
This Site includes links to other websites not established or supervised by The-Autos or any Affiliate. The-Autos and its Affiliates do not endorse, sponsor or guarantee these linked websites and are not responsible in any way for any advice, content, information, practices, products or services related to or made available through such linked websites. These Terms of Service will be governed by and construed in accordance with the laws of Nigeria without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in Cook County, Nigeria, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in Cook County, Nigeria, and waive any objection based on forum non convenience. As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by The-Autos to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. This Terms of Service constitutes the entire agreement between the parties regarding the subject matter hereof. Neither this Terms of Service, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties.