LAUNCH PLATFORM DISCLAIMER

1. Acceptance of Terms

By accessing, browsing, or using the LAUNCH website or mobile application (collectively referred to as the “Platform“), you agree to comply with these Terms and Conditions and all applicable laws and regulations. If you do not agree with these Terms, you must immediately cease using the Platform.

2. Eligibility

• - Age Requirement: You must be at least 18 years old to use this Platform. By registering and using the Platform, you represent and warrant that you are at least 18 years of age.
• - Registered Dealers Only: Only authorized and registered automobile dealers are eligible to participate in auctions as buyers. To bid, you must complete the registration process and provide any required documentation proving your status as a licensed auto dealer. Individuals, non-registered businesses, or entities not licensed to buy and sell vehicles are prohibited from participating in the auction.

3. Registration and Account Security

• - Account Creation: To participate in auctions, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update your information as necessary.
• - Account Responsibility: You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur under your account.

4. Auction Participation

• - Bidding: By placing a bid, you are making a legally binding offer to purchase the vehicle. If your bid is accepted, you are obligated to complete the transaction according to the terms outlined in the auction listing.
• - Reserve Prices: Some auctions may feature reserve prices. If the reserve price is not met, the vehicle will not be sold.
• - No Reserve Listings: Sellers may choose to not set a reserve price for their listings, instead declare a no reserve auction where the last highest bidder wins the auction.
• - Buy Now Listings: Sellers may choose to only sell their vehicles at a firm price by choosing the Buy Now option. This is on a first come first serve bases and the first user buyer to accept the asking Buy Now price, purchases the vehicle.
• - Auction Fees: Bidders are required to pay certain fees in addition to the final bid price, including but not limited to buyer's premiums/subscriptions, transaction fees, and shipping costs. These fees will be clearly disclosed prior users' engagement in the auctions in buy fees and subscription page.

5. User Responsibilities

• - Honesty and Transparency: Users are expected to conduct all transactions with the utmost honesty and integrity. Bidders must accurately represent their intentions and capabilities to follow through on the purchase if their bid is successful. Misleading, deceptive, or fraudulent behaviour is strictly prohibited.
• - Compliance with Laws: Users agree to comply with all relevant local, state, and national laws and regulations, including those related to vehicle transactions, title transfer, taxes, and registration requirements.
• - Vehicle Information: Sellers must accurately describe the condition of the vehicle, including any defects, damages, or issues that may affect its value or usability. Buyers should conduct their own due diligence and make sure they have acknowledged all information provided by the sellers before placing bids. Reviewing CARFAX is mandatory before placing bids.
• - No Resale of Auction Listings: Users shall not participate in the auction for the purpose of reselling or facilitating the resale of vehicles on behalf of others unless authorized to do so.
• - Clear Communication: Users agree to respond promptly to all messages or inquiries from the platform or other users regarding the auction process.

6. Disclaimers

• - Vehicle Condition: All vehicles are sold “as-is”. The Platform makes no representations or warranties regarding the condition, history, or future performance of any vehicle. Buyers acknowledge that they are solely responsible for reviewing the vehicle’s history report and verifying its condition before bidding.
• - Platform Accuracy: While we make reasonable efforts to ensure that all information on the Platform is accurate, we do not guarantee that it is free from errors or omissions.We reserve the right to correct any inaccuracies and to cancel bids or auctions if necessary.
• - No Guarantee of Sale: The Platform does not guarantee the successful completion of any auction. Auctions may be canceled, delayed, or postponed at our discretion, and no liability will be assumed by the Platform in such cases.

7. Payment and Transaction Terms

• Payment Deadline: Successful bidders must pay the full auction price plus any applicable fees within the specified payment window after the auction ends. Failure to remit payment on time may result in penalties, suspension of account privileges, and possible legal action.
• Payment Methods: Funds will be exchanged between sellers and buyers directly.

8. Ownerships and Titles:

Sellers must be lawful registered owners of vehicles being listed and this will be confirmed by photo ID and title verifications. By listing their vehicles on the Platform, sellers certify they have their title documents present and ready to transfer hands with the respective buyers. Sellers are responsible for providing the necessary title, registration, and any other required documentation in order to receive the proceedings from the buyers.

9. Prohibited Activities

Users are prohibited from:

• - Engaging in fraudulent or deceptive conduct, including misrepresenting bids or vehicle descriptions.
• - Colluding with other users to manipulate auction outcomes.
• - Using automated tools, bots, or other software to place bids without direct involvement.
• - Engaging in verbal arguments and insults in Q&A section.
• - In any way, conduct business described as buying and selling outside of the Platform if vehicles were initially listed on the Platform

Any violations of these terms may result in suspension or termination of the user’s account and legal action.

10. Platform's Rights and Liabilities

Modification of Terms: We reserve the right to modify these Terms and Conditions at any time. Any changes will be posted on the Platform, and your continued use constitutes acceptance of the updated terms.

Suspension or Termination: We reserve the right to suspend or terminate a user's account at our discretion, particularly if the user violates any of these Terms, engages in unlawful activities, or fails to meet their obligations under the auction process.

Limitation of Liability: To the fullest extent permitted by law, LAUNCH shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from your use of the Platform or participation in the auction, including but not limited to errors, omissions, or delays in transactions.

10. Disputes and Arbitration Policy

• - Arbitration: Any dispute arising from or related to these Terms and Conditions, including the use of the Platform, will be resolved through binding arbitration under the rules of the Platform.
• - To be eligible to arbitrate a vehicle, that vehicle must have been picked up within the timeframe set by the Platform. Vehicles must be picked up within 3 business days from the time auctions are won. This timeframe could be changed by the Platform without notice.
• - Arbitration does NOT apply to vehicles sold under $3,000.
• - Pre-LAUNCH “Verified Listing” Badge: The verified badge is illuminated on any auction an agent of the Platform has gone through and assisted the seller on their listing process. This is to insure transparency and with more detailed listings launching to auctions. Arbitration rules will be limited only to mileage discrepancy, major powertrain issues cost over $2,000 in repairs, and structural damages.
• - Non Verified Vehicles: Vehicles sold on the Platform without using the Pre-LAUNCH service, are subject to arbitration or cancelation if a single listed following item costs more than $1,000 (One Thousand Dollars) to replace or to fix (labour cost exempt) on vehicles priced under $50,000 and 2% of sold price for vehicles more than $50,000:
  • Engine
  • Transmission
  • Differential
  • Mileage Discrepancy
  • Structural Damage
  • Major Undisclosed Previous Accident History
  • Undisclosed Exterior & Interior Cosmetic Damages
  • Electrical
• - Wear and Tear Items: Items that are considered wear and tear will not be eligible for arbitration. Buyers are required to take expenses into account for replacement and repair of following items:
  • Tires
  • Brakes
  • Suspension Including Struts, Shocks, Control Arms & Other related Components
  • Scratches
  • Dents
  • Surface Rust
  • Lights
  • Powertrain(such as engine, transmission, driveline,..) components that considered wear and tear such as f luids, drive belts, alternators, and fuses
  • Battery

Users are encouraged to play it safe in participating on the Platform and take into consideration that they are dealing with used vehicles. One of the Platform’s top priority is to create a transparent and hassle free environment for both sellers and their respective buyers.

• - Governing Law: These Terms shall be governed by and construed in accordance with the laws of States / Provinces, without regard to its conflict of law principles.

12. Active Liens and Loans

A lien is a legal claim on the vehicle held by a lender who financed it. The seller must repay the outstanding amount of the lien to clear the vehicle's title before the transfer of ownership can occur. Sellers are required to obtain a “buyout“ statement from all lenders and make payoff arrangement with the winning buyer before being able to receive any proceeding from the auction. This process ensures that the buyer receives a title free of encumbrances, allowing them to fully own and operate the vehicle without any legal complications.

Sellers should:

• Verify the Lien Amount: Contact the lien holder to confirm the outstanding balance on the lien.
• Obtain Payment Information: Determine the acceptable payment methods to settle the lien, ensuring it can be paid off at the time of sale.
• Coordinate With the Buyer: Communicate with the buyer regarding the lien status and the process for clearing it, which may include paying off the lien directly at closing.
• Provide Proof of Payment: Once the lien is paid, the seller should obtain documentation from the lien holder that confirms the lien has been satisfied, which should be presented to the buyer.

In a event when the seller is not able to payoff the outstanding balance first, sellers are required to let bidders know through the Platform. In the event where the auction was a success, the seller will need to coordinate with the buyer to directly pay the purchased price to the lien holder party and if there is any surplus, it will then be paid out to the seller through the platform or in person by the buyer. In a case where the purchased price is not sufficient enough to cover the payout, the seller must coordinate with the buyer to pay the difference before the buyer pays the remaining balance to the lien holder.

13. Contact Us

If you have any questions or concerns about these Terms and Conditions, please contact us at:

Support@Launchcars.net