TERMS AND CONDITIONS
1. ACCEPTANCE OF TERMS AND CONDITIONSBy using Dashub.com, you agree to be bound by all terms and conditions contained in this document (hereinafter referred to as “T&C”). If you do not agree with the terms and conditions of the T&C at any time, you will discontinue your use of Dashub.com.
1.1 REVISION OF TERMS AND CONDITIONS
Dashub.com reserves the right to update or revise the T&C at its discretion and without notice. You are responsible for checking the T&C periodically for changes. You can review the most current version of the T&C at any time at: [www.Dashub.com] If you continue to use Dashub.com following the posting of any changes to the T&C, you agree to be bound by these changes.
1.2 VERIFICATION OF INFORMATION
The material that appears on Dashub.com is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing vehicles and/or related services that you have read about on Dashub.com, you should confirm any information that is important to your purchasing decision (including the price).Dashub.com makes no warranty, express or implied, nor any endorsement regarding any vehicles being posted for sale on Dashub.com nor as to any of the related services that are being offered through this site. We are also not responsible for controlling the vehicles posted for sale or services being offered through this website, or any losses that you may incur while using our site.
1.3 RIGHT TO DENY USE
Dashub.com reserves the right to deny use of this website to anyone who does not comply with these requirements or who otherwise uses this website in a manner that the operators of Dashub.com deem inappropriate.
1.4 "AS-IS" AND "WHERE-IS" POLICY
Although Dashub.com cannot monitor every listing posted on our website, it reserves the right, but assumes no obligation, to delete, move, or edit any listings or postings on our website. You understand and agree that the Services are provided "AS-IS" and "WHERE-IS", and that Dashub.com assumes no responsibility for the condition, timeliness or non-delivery of a vehicle(s) and/or related services.
2. DESCRIPTION OF SERVICE2.1 Dashub.com is an online automotive marketplace listing and aggregating 3rd party vehicle listings via insurance auctions, private sellers, dealers, and other companies. As a Member we can, among other services, assist you with: navigating Dashub.com, purchasing a listed vehicle; handling vehicle title and other necessary paperwork, obtaining 3rd party financing, vehicle service contracts (a.k.a. warranty), auto insurance, locating and purchasing auto parts and accessories; obtaining an inspection report on a particular vehicle, arrange for ground or ocean transportation of vehicle, assisting with the preparation of import / export documents, facilitating optional delivery / shipping insurance.
2.2 You understand that Dashub.com, at its sole discretion, and in the event of a sale, controls the vehicle purchase price for Members. In the event where DASHUB is advertising a vehicle, for sale or auction, that is also being offered by one or more other companies, DASHUB is under no obligation to offer the same or similar purchase price to its members. Additional terms of any sale offered through its website may be impacted and/or strictly controlled by the seller and/or dealer of that vehicle or automotive-related services.
2.3 You further understand and agree that Dashub.com as a neutral facilitator in this process has no control over the truth, accuracy, quality, legality, or safety of postings made by users, sellers, dealers, brokers and other automotive industry professionals. You understand and agree that Dashub.com cannot and does not confirm or verify the identity, background, qualifications, or abilities of users, sellers, dealers, brokers and the like, nor does Dashub.com guarantee the condition and/or quality of the vehicles or services that are offered up for sale through this site.
3. MEMBERSHIP & REGISTRATION RIGHTS AND OBLIGATIONS3.1 To obtain access to many of the features of our website, you will be given the opportunity to register with Dashub.com. Dashub.com requires Buyers to register if they wish to use any of the features of the website.. In consideration of your use of the Service you agree to:
a) provide true, accurate, current and complete information about yourself as prompted by this website's registration form;
b) provide authentication/verification of identity by providing a copy of government issued documents such as a valid passport; and
c) maintain and promptly update the registration information to ensure that it is at all times true, accurate, current and complete.
3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, or Dashub.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dashub.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
3.3 Registered members have access to such features as upcoming schedules of auctions, detailed information related to auction inventories, and can participate in online-bidding. You additionally understand that there are particular features and/or services provided through Dashub.com that may have their own auction/purchase policies and/or terms of services; by using these features/services you agree to be bound by their respective terms.
3.4 Members agree and acknowledge that an existing member cannot change personal information him or herself once it has been inputted into the Dashub.com Website System. The existing member must make a formal request by emailing administration at email@example.com.
3.5 Membership at Dashub.com is only open to individuals 18 years of age and older. Nevertheless, Dashub.com reserves the right to deny membership privileges to any individual, in its sole and absolute discretion.
4. BUYER ACCOUNTS “MY HUB”4.1 Upon completing the registration process, you will create an account with a User ID and Password, You are responsible for maintaining the confidentiality of your User ID and Password, and you are fully responsible for all activities that occur under your account.
4.2 You agree to immediately notify Dashub.com of any unauthorized use of your account or any other breach of security and to ensure that you exit from your account at the end of each session.Dashub.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
5. FEES, PAYMENT AND DELIVERIES5.1 DASHUB.com charges a $500 dealer fee for our services. An $85 Documentation fee applies to every vehicle purchase, which covers necessary title transfers and mailing. There are also insurance auction fees which vary with the vehicle purchase price, auction type and location.
5.2 You agree to pay all customary Auction fees and charges for services rendered in connection with the purchase and sale of vehicles; including without limitation, buyer fees, sale fees, entry fees, loading fees, storage fees, and other such fees and charges. It is the sole responsibility of the Buyer to verify fees charged by Dashub.com prior to incurring such charges. All fees and charges are subject to change without notice.
5.3 Deposit payments made towards placing a bid on a vehicle can be paid by credit card. At the discretion of a manager, the balance of a vehicle may be paid by credit card. Should the balance of a vehicle be paid by credit card, you agree to be responsible for an additional 3% service charge on the total invoice due. Prior to any credit card charge, you agree to sign an authorization letter for all charges.
5.4 Payment for vehicles must be made within 2 business days following purchase of vehicle. Vehicles not paid for within the above-specified timeframe will be subject to a Late Fee of $75 per vehicle per day; Dashub.com in its sole discretion reserves the right to waive any penalties or late fees.
5.5 Should Dashub.com acquire a vehicle for you and you default on your acceptance of your obligation to pay for that vehicle in full; Dashub.com is required to re-list the vehicle and you will then be obligated to forfeit your full deposit amount for the re-list fee including filing fees of $200 and any additional fees incurred by Dashub.com.
6. TERMS OF SALE POLICY
6.1 Members acknowledge and agree that the Buyer is responsible for all vehicles purchased through Dashub.com.
6.2 Members agree and acknowledge that once BID and BUY NOW is selected and inputted by the Buyer, it can not be retracted, cancelled or deleted.
6.3 All transactions are in USD (United States Dollars).
7. AUCTION POLICIESIf Buyer bids on a vehicle, that Buyer is obligated to complete the transaction. Once a bid has been submitted, it cannot be retracted, deleted, or cancelled. Dashub.com is in no way responsible if a Buyer's registration information, including ID and password is either lost, misplaced or stolen. Dashub.com is not responsible for any cancelled bids. Dashub.com still reserves the right to reject or void bids for any reason, in its sole and absolute discretion. Should a dispute arise regarding a bid, Dashub.com is the exclusive deciding authority with sole and absolute discretion in resolving disputes. Buyers agree to indemnify, defend, and hold Dashub.com harmless from any and all liability arising out of decisions made in resolving disputes.Dashub.com may, by its sole and absolute discretion and with or without notice, postpone or cancel a sale or withdraw a vehicle from auction. Dashub.com will neither have liability nor obligation to Buyers as a result of any vehicle withdrawal, or auction cancellation or postponement.
8. PURCHASE CANCELLATION POLICYWhen you verify your agreement to purchase a vehicle at the time you place your bid, Dashub.com purchases the vehicle with the intent to fulfill the purchase agreement (Buyer Order) with you. Upon your agreement to purchase the vehicle, you are required to pay Dashub.com the balance for the vehicle purchase price (including all fees, transportation, and additional costs). If you do not pay in full, or otherwise fulfill your end of the purchase agreement (Buyer Order), you may be charged fees by Dashub.com. Those fees include, but are not limited to, late fees up to $75 per day will be applied to each unpaid purchased car. If Dashub.com does not receive the payment in full (or confirmation of the payment in full) within 5 days after the purchase date, Dashub.com may cancel your purchase. In the case of a canceled purchase you will be charged a renege/relist fee. This fee is directly related to the vehicle and the vehicle purchase price. Typically the fee is a percentage of the vehicle purchase price (typical examples ranging from 10% - 15%) or a minimum dollar amount (typical examples ranging from $500 - $1000). You will be billed whichever of the two is higher. Dashub.com recommends consulting with a DASHUB representative about the potential fees involved when agreeing to purchase any vehicle.
9. REFUND POLICY9.1 All credit card transactions for deposits are eligible for a refund 30 days after the initial deposit. Deposits will be refunded as soon as possible after requested. In “MY HUB” you will see the link “Refund Payment”, which will appear after the 30 day eligibility period. To begin the refund process, click on the link and follow the on-screen instructions.
9.2 Buyer agrees and acknowledges that due to the non-cancelable and irrevocable nature of the transactions contemplated herein, all fees and charges are non-refundable and no refund will be processed for any reason. Your security deposit is refundable if customer has paid all invoices, and the following terms and conditions are met: (i) Buyer has not won the sale specified by the bid placed, (ii) Buyer does not have any current bids, (iii) Buyer specifically requests a Security Deposit refund by choosing the refund option in “My Hub” at Dashub.com, (iv) the refund request has been verified as valid by Company and Buyer’s account is in good standing with no fees due.
10. OCEAN SHIPPING POLICYThe Buyer is responsible for all international ocean transportation. Dashub.com can assist with arranging all international ocean transportation. Dashub.com will not be held responsible for any damage in the course of shipping or delays of shipments. The Buyer does have the option to purchase marine insurance for an additional fee.
In order for Dashub.com to assist with transportation solutions, the Buyer must first provide:
a) Completed Consignee Form;
b) Signed Bill of Sale;
c) Full payment;
In case Members wish to arrange for their own Ocean transportation, Dashub.com will only deliver vehicles to shipping company’s bonded warehouse or directly to the exit port.
11. LOCAL GROUND SHIPPING POLICYMembers acknowledge and agree that all local ground transportation of purchased vehicles will be handled by Dashub.com exclusively.
BUYER AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY SHALL NOT UNDER ANY CIRCUMSTANCES HAVE ANY LIABILITY WHATSOEVER TO BUYER OR ANY THIRD-PARTY (WHETHER JOINTLY, SEVERALLY, OR INDIVIDUALLY) FOR ANY DAMAGES OR LOSSES OF ANY KIND (KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, DIRECT OR INDIRECT) ARISING OUT OF OR IN ANY WAY RELATED TO ANY DISCLAIMER PROVIDED IN THIS AGREEMENT.
BUYER AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY SHALL NOT UNDER ANY CIRCUMSTANCES HAVE ANY LIABILITY WHATSOEVER TO BUYER OR ANY THIRD-PARTY (WHETHER JOINTLY, SEVERALLY, OR INDIVIDUALLY) FOR ANY (a) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, (b) LOSS OF USE, DATA, OPPORTUNITY, GOODWILL, REPUTATION, PROFIT, OR REVENUE, OR (c) COSTS OR EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEY FEES), FOR ANY CLAIM (AS DEFINED IN SECTION 13 BELOW) NOT AMOUNTING TO A WILLFUL OR INTENTIONAL WRONG.
REGARDLESS OF THE PREVIOUS PARAGRAPHS, BUYER AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IF COMPANY IS FOUND LIABLE IN ANY CLAIM (AS DEFINED IN SECTION 13 BELOW), COMPANY'S TOTAL LIABILITY TO BUYER OR TO ANY THIRD-PARTY (WHETHER JOINTLY, SEVERALLY, OR INDIVIDUALLY) SHALL NOT EXCEED THE AMOUNT OF ANY FEES (INCLUDING WITHOUT LIMITATION MEMBERSHIP FEES, TRANSACTION FEES, LATE FEES, RELIST FEES, STORAGE FEES, AND OTHER FEES, BUT NOT INCLUDING AUCTION FEES, THE PURCHASE PRICE OF ANY VEHICLE, OR ANY OTHER FEES CHARGED BY ANY THIRD-PARTY) PAID BY BUYER TO COMPANY RELATED TO THE TRANSACTION OR VEHICLE GIVING RISE TO THE LIABILITY. IF NO SUCH FEES WERE PAID BY BUYER TO COMPANY, COMPANY'S TOTAL LIABILITY TO BUYER OR ANY THIRD-PARTY (WHETHER JOINTLY, SEVERALLY, OR INDIVIDUALLY) FOR ANY CLAIM (AS DEFINED IN SECTION 13 BELOW) SHALL NOT EXCEED $500 USD.