1. General Information about the Portal
1.1. This Portal is dedicated to the publication of automobile ads aiming to feed stocks of dealers and dealers, facilitating the accomplishment of business between such companies.
1.1.1. Access Accounts for AUTOACTION PORTAL can only be created by professionals in the automotive sector, and can only be operated by persons over 18 years of age.
1.1.2. The creation of Access Accounts is free, however, in order to advertise vehicles on the platform, the seller must enter into a specific contract with AUTO ACTION for this purpose, expressing his interest in such contact activities by clicking on the 'Contact Us' option or contacting the telephone number indicated on the Portal.
1.1.3. It is not allowed to use the Portal for your own use, since the acquisition must be the object of the buyer's business with the sellers.
1.2. To access the PORTAL AUTOACTION in a secure way, it is the user's responsibility to have an internet connection service, with antivirus and firewall enabled.
1.3. The AUTOACTION PORTAL and its features are presented to the user in the way they are available, subject to improvements and updates, forcing AUTOACTION to:
1.3.1. Preserve the AUTOACTION PORTAL functionality, with unbroken links, using layout that respects usability and navigability, whenever possible.
1.3.2. Display the features clearly, thoroughly, accurately and sufficiently so that there is an accurate perception of the operations performed.
1.3.3. Ensure, through the available state of the art, the confidentiality of the data entered in the AUTOACTION PORTAL and its functionalities, only being accessible by AUTOACTION, and by whom the user agrees, in addition to himself.
1.3.4. Obtain the necessary licenses and authorizations for the availability of content through AUTOACTION PORTAL.
1.4. AUTOACTION channels its efforts for the continuous and permanent availability of AUTOACTION PORTAL. However, there may be some temporary unavailability due to necessary maintenance or even generated by force majeure, such as natural disasters, failures or collapses in the central communication and internet access systems or facts of third parties that fall outside its scope. surveillance and accountability. In the event of such occurrences, AUTOACTION will use its best efforts to re-establish access to the AUTOACTION PORTAL as soon as possible, within the technical limitations of its services and third-party services, on which AUTOACTION depends to be online.
1.5. Possible maintenance procedures will be informed through the official communication channels of AUTOACTION PORTAL (for example, but not limited to official profiles on social media, telephone number or e-mail), if it is necessary that it be unavailable for long periods .
2. AUTOACTION PORTAL Features
2.2. The offers correspond to mere minimum and maximum expectations for later acquisition of the announced cars.
2.2.1. Should there be any offering by the buyer in the three minutes before the expiration of the stipulated term, there will be an extension of another three minutes within the term of the announcement. In the event that the buyer evaluates the car in the maximum amount stipulated, it can finalize the process regardless of the remaining term to finish.
2.3. Buyers will be able to add ads on the "My Favorites" tab to follow them more closely, even though they have not been evaluated by them.
2.4 All vehicles promoted into AUTOACTION PORTAL will be sold as-is.
2.5 Buyers should approve and register a valid bank account with sufficient funds in order to view, send offers and purchase cars into the AUTOACTION PORTAL
2.5.1. When the buyer does not make the payments that he should in a timely manner, the Access Account may be suspended until the due settlement of the payments, which will pay interest at the legally applicable rate, due from the date (s) of the (s) maturing until the actual payment.
2.5.2. AUTOACTION reserves the right to collect amounts for non-compliance and due to the buyer under the civil law, and may therefore use all means provided for in the legislation, including the insertion of data of the infringing buyer in lists restricting credit and promoting legal actions.
2.6. AUTOACTION shall not be liable in any circumstance for the information published or any frustrations of expectations for the acquired cars.
3. THE USER'S RESPONSIBILITIES AND OBLIGATIONS
3.1. The user undertakes to carry out an ethical navigation in the AUTOACTION PORTAL, adequate for the purposes established herein, always respecting the conditions governing the use of AUTOACTION PORTAL and its purpose, under penalty of bearing the consequences of the acts practiced and having the exclusion of the AUTOACTION PORTAL access account.
3.2. The user undertakes to provide correct, complete and updated personal data so that AUTOACTION PORTAL can provide its services in compliance with the laws and regulations in force, in addition to providing contact capable of being activated by AUTOACTION for the best performance of the services , under penalty of applying the legally applicable sanctions, to compensate those who cause harm and to have the access account of this Portal excluded.
3.3. The participants in the offers, who, due to their use of the platform, deduce their bad faith, including not limiting, the submission of successive bidding proposals without concretizing the final business, may be barred access and use of the platform, for a permanent period or temporary.
3.4. It is the responsibility of the user to leave their anti-spam systems, similar filters or message redirection settings adjusted so that they do not interfere with the receipt of AUTOACTION releases and materials, and no excuse is acceptable if they have not had access to any -mail or electronic message by virtue of the mentioned resources.
3.5. By accessing the AUTOACTION PORTAL, the user declares that he / she respects all the intellectual property rights owned by AUTOACTION, such as all the rights related to third parties that may be, or have been in any way available in AUTOACTION PORTAL.
3.6. The user must maintain the confidentiality of the data of his access account in relation to third parties, not divulging or sharing his password with anyone, under penalty of bearing the consequences of the acts practiced with his credential, have the exclusion of the account and to recover damages arising from such undue disclosure.
3.7. If you suspect that the confidentiality of your password has been compromised, it should be changed as soon as possible.
3.8. It is not allowed to access the programming areas of the AUTOACTION PORTAL, its database or any other set of information that is part of the Webmastering activity.
3.9. You may not reverse engineer or reverse engineer, decompile, copy, modify, reproduce, rent, sublicense, publish, broadcast, transmit, loan, distribute, or otherwise have the tools to query this Portal, and of its functionalities.
3.10. In AUTOACTION PORTAL it is forbidden to use spider applications or data mining of any type or kind, as well as another one not typified here, but that operates in an automated way, both for mass operations and for any other purpose.
3.11. Failure to comply with any of the obligations stipulated herein may result in the suspension of features as provided in this document.
3.12. Primarily for ethics and morals, whenever a user can post ads, send comments or opinions to any functionality of AUTOACTION PORTAL, such content may not be published, or be excluded at any time, without prior notice and no right to compensation to whom that is, that they contain:
Offense to the honor, image, reputation and dignity of others;
o Pornography, child pornography or other forms of sexual satisfaction;
Racism or discrimination of any kind;
o Any kind of unlawful embarrassment, harassment or solicitation;
o Manifest violation of copyright or image right;
Use of trademarks, symbols, logos or emblems of others;
o Instigation or apology for the practice of crimes, such as trafficking or use of drugs, rape, murder, illicit gain of advantage, among others;
o Manifest practice of an act contrary to law, public order or morality;
o Use of violence, dissemination of hatred or any other form of aggression to one's physical well-being;
Advertising of any kind, especially those that compete with the activity carried out by the AUTOACTION PORTAL;
o Errors or suspicion of misunderstandings.
3.13. The eventual removal, blocking or suspension of any content or functionality of the Company as a result of any claim shall always be understood as a demonstration of good faith and the intention of amicable settlement of disputes, never, as a recognition of guilt or any violation by AUTOACTION.
3.14. AUTOACTION does not send emails or other types of communication with external links. In this way, if you receive a message of this type, you should be aware of the risks when clicking the link, as it may be a fraud attempt known as phishing.
3.15. In the event of damages to AUTOACTION or to third parties, the responsible undertakes to bear all obligations to indemnify the injured party.
3.16. The user undertakes to reimburse AUTOACTION for all convictions and damages suffered by the person whose origin is of acts practiced through his access, assuming the pole of judicial action or administrative procedure and requesting the exclusion of AUTOACTION, including fully bear the costs and procedural costs involved, leaving it free of losses and burdens.
4. PURCHASE PROCEEDS
4.1. A “purchase” occurs when the third-party seller approves a purchase offer sent by buyer thought Auto Action Portal.
4.2. With the third-party seller’s approval an electronic bill of sale is signed by the third-party seller and Auto Action and the Seller send by mail the title to Auto Action in order to receive the payment.
4.3. Auto Action receives the Vehicle’s title from the Seller, Auto Action checks the information and with everything clear, Auto Action withdrawn from the buyer’s account the funds necessary to pay the third-party seller or his or her designee/from the proceeds of the purchase of the Vehicle.
4.4. At the same time, Auto Action signs a bill of sale with the buyer and provides the transfer of the title to the final buyer.
5.1 With Auto Action orientation, the Buyer should contact the third-party seller in order to arrange the shipment delivery by Buyer’s expenses.
5.2 Third-party seller shall deliver Vehicle to the Buyer, pursuant to the terms of this Listing Agreement.
6. Disclaimer and Limitations of Liability of AUTOACTION
6.1. IT IS EXPRESSLY ESTABLISHED THAT AUTOACTION DOES NOT HAVE THE OBLIGATION TO CONTROL THE ACTIONS PERFORMED BY THE USER IN THE USE OF THE PLATFORM AND, THEREFORE, AUTOACTION SHALL NOT BE LIABLE FOR ANY ACT OF THE USER, INCLUDING ILLEGAL, IMORAL OR ANTITHETIC, PERPETRATED PORVENTURA, HOLDING THESE ANSWERS PERSONALLY AND SOLIDARILY FOR ANY THIRD PARTY CLAIMS OR LEGAL CLAIMS, MUST MAINTAIN THE AUTOACTION FREE FROM ANY RESPONSIBILITY OR ITSELF IN THIS DIRECTION.
6.1.1. Likewise, AUTOACTION assumes no responsibility or liability that is linked to the user's activities in AUTOACTION PORTAL, especially those involving the purchase and sale of vehicles between them, and these must comply with each other the obligations of civil, fiscal, tributary, among others.
6.2. The information provided in the can not be interpreted as consulting or as auction activities, and AUTOACTION is not responsible in any way for the financial decisions or acquisition of certain products that may be taken by the buyer.
6.3. AUTOACTION shall not be liable for any direct or indirect damage caused by third-party events, including, but not limited to, hacking, system, server or internet connection failures, including malicious software actions such as viruses, Trojan, and others that may in any way damage the user's equipment or connection as a result of access, use or navigation in the AUTOACTION PORTAL, as well as the transfer of data, files, images, audio, or videos contained in this .
6.4. The user does not have any right to demand the availability of AUTOACTION PORTAL as best they can, nor can they demand compensation or repair of damages in case AUTOACTION PORTAL remains offline, regardless of the reason.
6.5.1. AUTOACTION does not verify, control, approve or guarantee the adequacy or accuracy of the information or data made available on such links, and is therefore not liable for damages, losses or damages suffered by the visit of such sites, it being for the interested party to verify the reliability of the information and data displayed there before making any decisions or performing any acts.
7. Copyright and Intellectual Property of the Portal
7.1. The commercial use of the expression "Auto Avaliar", "AUTO ACTION", "MEGADEALER" or words similar to these, but with different spelling such as trademarks, corporate names or domain names, in addition to the contents of the AUTOACTION PORTAL screens, as well as such as computer programs, databases, networks and their archives, are owned by AUTOACTION and are protected by international intellectual property protection laws and treaties, including but not limited to DL No. 36/2003 of March 05, which approves the Industrial Property Code.
7.2. By accessing the AUTOACTION PORTAL, you represent that you will respect all AUTOACTION's intellectual property rights, including, but not limited to, computer programs, copyrights and industrial property rights relating to trademarks, patents, domain names , corporate name and industrial designs, deposited or registered in the name of the company AUTOACTION, or Auto Avaliar, as well as all rights related to third parties that may be or have been in any way available in AUTOACTION PORTAL. The access or use of the features of AUTOACTION PORTAL does not grant the user any rights to the use of names, titles, words, phrases, trademarks, patents, domain names, social denomination, literary, artistic, data and information, among others, that are or have been available.
7.3. Reproduction of the contents described above is prohibited, except with the prior written permission of the company that owns its patrimonial rights, or if they are intended for personal use only and without under any circumstances the user acquires any right over them.
7.4. The user assumes all civil and / or criminal responsibility for the improper use of the information, texts, graphics, trademarks, patents, domain names, works, images, logos, and any and all intellectual property rights or industrial applications in AUTOACTION PORTAL.
7.5. Any other use of authorized material, including for editorial, commercial or advertising purposes, may only be done in the form and with the previous and express consent of the company that owns its rights. Unauthorized commercial use may result in civil and criminal offenses.
7.6. Any reuse of authorized material must be subject to a new authorization from the company that owns its economic rights.
7.7. The authorization granted for the use of the requested material can not be transferred to third parties, even if linked to the authorized subject.
7.8. The use of the offered features will be in the form of service rendering, giving the user no right over the computer program and / or the database used by AUTOACTION or its IT structures that support the applications of the AUTOACTION PORTAL.
7.9. When you submit to the AUTOACTION PORTAL any content, such as but not limited to texts, comments, videos, images, audio and messages, state that you own the copyright or authorize them to use them and grant AUTOACTION irrevocable, perpetual, worldwide, unrestricted, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, distribute or display on its own website or in digital environments that belong to it and are linked to the activities of AUTOACTION PORTAL, enabling the best use of the tool or illustration of any product, service or activity offered by it.
8. Privacy of users in the Portal
8.4. In accordance with the legislation applicable to the Protection of Personal Data, the user benefits from the rights of access, rectification, opposition and limitation of treatment, as well as with the limitations established in the law of portability rights and elimination of data concerning him. The user may also withdraw their consent when it is a condition of legitimacy for the processing of data made. To do this, you should contact AUTOACTION by the following means:
You may also file complaints with the Legally Established Control Authority.
9. General Provisions
9.1. The service of the user of the AUTOACTION PORTAL can be realized in its Portal by the link of "Contact Us" or through the other channels of communication made available and indicated in AUTOACTION PORTAL.
9.2. The user may use the "Contact Us" channels whenever they witness or verify inappropriate content on the AUTOACTION PORTAL, whether it is unlawful or contrary to the rules of use stipulated herein.
9.2.1. The report will be confidential and will preserve the user's identity.
9.5. The tolerance of any breach of any of the clauses and conditions of this instrument shall not constitute a breach of the obligations set forth herein and shall not prevent or inhibit the enforceability thereof at any time.
9.7. This Portal is based on the official dates and times of the USA.
10. Applicable Law and Jurisdiction
10.1. The Terms and Conditions of Use described herein are interpreted in accordance with the Portuguese legislation in the Portuguese language, and the Lisbon District Court is hereby elected, expressly renouncing any other, to settle any dispute or controversy surrounding this document, except for specific jurisdiction personal, territorial or functional by applicable law.
11.1. For the purposes of this document, the following definitions and descriptions should be considered for your best understanding:
a. Anti-Spam: A system that prevents unwanted mail, such as mass advertising, by blocking messages or moving them to a specific folder.
b. Internet Applications: Set of features that can be accessed through a terminal connected to the internet.
d. Access Account: A registered visitor's credential that allows access to the restricted area and the unique features of the AUTOACTION PORTAL, which is defined by the username and password.
e. Crawler / Spider: Programs developed to act or obtain information in an automated way in Sites.
f. Personal Data: Set of personal information of a user, a natural person, that identifies him, namely, name, surname, phone contacts, mobile phone and e-mail.
g. : Set comprised of appearance, design and flows of the AUTOACTION PORTAL.
h. Link: Terminology for internet address.
i. AUTOACTION PORTAL: Set of pages and functionalities contained by the domains https://b2b.auto-action.com/ and subdomain https://adm-en.auto-action.com/.
j. Website: Title for website
k. User: Visitor that has access account in the Portal
l. Spider: Program developed to get information in an automated way on the internet, browsing the web (web) as if it were a spider.
m. Webmastering: Understands the creation, programming, development, control and availability of internet pages.
Update: March 26, 2019.
AUTOACTION USA LLC