Agreement

Carwebby (The company) hereby establishes the following terms and conditions for users utilizing the company's internet sales service (The service) for commodities under the domain and sub-domains of www.carwebby.com (The site). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.

You must read, agree with and accept all of the terms and conditions contained in this Agreement. We strongly recommend that, as you read this Agreement, you also access and read the information contained in the other pages and website referred to in this document, as they may contain further terms and conditions that apply to you as a user.

Clause 1: Scope of the Agreement

The Agreement applies to both sellers and buyers of the service. Both sellers and buyers shall strictly adhere to the Agreement in a sincere manner, The company is not a seller and buyer. Although we are commonly refered to as an online web site, it is important to realize that we are not a traditional "seller and buyer". Instead, the Site acts as a venue to allow anyone to offer and buy just about anything, at anytime, from anywhere, at a fixed price format. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the vehicles advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyer to pay for vehicles.

Clause 2: Use Notification

We may change our service and the fees for our services from time to time. Where changes are made in the Agreement, the company will notify you of such changes on the site. Once the notice is given, you wil be deemed to have accepted the changes.

Clause 3: Applicable Low

The enactment, validity, execution, interpretation, etc. of the Terms are subject to the laws of Japan.

Clause 4: Court Holding Jurisdiction

Should any disputes between sellers and buyers occur with regard to the service and/or any contracts concluded through the service, you concerned agree to attempt to settle any such disputes in sincere manner through discussion.

Clause 5: Making Changes to Registration Information

Should change occur in your information such as name, address, telephone, number, and other information provided to the company or the seller at the time of application, you must report any such changes to the company immediately. The company is not liable for any damage concerned due to your neglect to inform the company of changes in user information.

Clause 6: Information Control

The company does not control the information provided by other users that is made availavle through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and the company is not responsible for the acts or omissions of users on the Site.

Clause7: Buying

1. As a buyer, you are obligated to complete the transaction with the seller if you purchase a vehicle. Purchased vehicles cannot be canceled except in exceptional circumstances, such as: when the seller materially changes the item's description after you purchase; a clear typographical error is made; you cannot authenticate the seller's identity; when the company finds some big differences and problems compared as described; or when the seller does not confirm your purchase in the site.
2. You agree that the mileage record of the vehicle may change because the vehicle is delivered to the vehicle garage by the seller's driving and to the port by the transportation company.
3. The seller will dispatch the invoice to you by E-mail or FAX after your order is finalized. You have to directly make a full payment according to the invoice to the seller's bank account stated on the invoice. When the company cannot confirm your full payment within 72 hours, the company can cancel your order. The full payment should be sent by TT remittance within 72 hours. You also have to inform the company of the remittance and sometimes send the copy of the bank evidence to the company by FAX according to the company's instruction.

Clause 8: Listing and Selling(For Sellers)

1. Sellers must be legally able to sell buyers the vehicle(s) sellers listed for sale on the Site. Buyers must describe vehicles correctly and all terms of sale on the listing page of the Site. Seller's listings may only include text descriptions, graphics, pictures, movie and other content relevant to the sale of that vehicle. All listed vehicles must be listed in an appropriate category.
2. Sellers are obligated to complete the transaction with the buyer upon the order's completion.

Clause 9: Seller's Information(For Sellers)

Seller's information (or any items listed) and seller's activities on the Site shall not:

1. be false, inaccurate or misleading;
2. be fraudulent or involve the sale of counterfeit or stolen items;
3. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
4. violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising);
5. be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
6. be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content;
7. contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
8. link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement;

Clause 10: Restrictions

The following actions are prohibited:

1. Actions of infringement on the company or third party copyright or other rights.
2. Illegal actions or actions related to illegal actions, or actions that could potentially lead to illegal actions.
3. Actions deemed inappropriate by the company.

Clause 11: Copyrights

1. You may not utilize any information or files accessed via the service by any means whatsoever without the permission of the copyright holder for any purpose besides individual personal use.
2. Should any disputes arise due to violation of the rules stipulated in this Clause, you will be responsible, financially and otherwise the company will not be held liable.

Clause 12: Conclusion of Contract

It is the responsibility of the buyer to research in advance any import regulations in buyer's own country, and the buyer is responsible for paying all taxes assessed in their country.

Clause 13: Forwarding and Shipping

Once the contract has been concluded and the appropriate paperwork (Japanese export customs administration, shipping arrangements, etc.) completed, the buyer will be notified of shipping details and required information.

Clause 14: Refunds

1. Refunds are made only where there is a reasonable basis for such action and where agreement is not reached on a contract for payment concerned.
2. Bank fees assessed on remittances related to refunds are paid by the buyer.

Clause 15: Transfer of Property Rights on Goods

The timing of transfer of property rights between the seller and the buyer is governed by the International Commercial Terms. In other case, transfer timing is determined by the company and the transferee based on individual circumstances.

Clause 16: Returns

Where a contract is concluded as stipulated above, the buyer will not be allowed for any returns once the goods or property rights on such goods have been transferred.

Clause 17: No Warranty

WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Some countries do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from country to country.

Clause 18: Liability Limit

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) JPY10,000. Some Countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Other important issues

Clause 19: Safeguarding User Information

The company will not disclose information provided to the company where disclose is requested by the user and required by the law.

Clause 20: Termination and Suspension of Service

1. The company may terminate or suspend operation of the service due to emergency circumstance, war, riot, earthquake, etc.
2. The company will inform users in advance but this may not be possible in emergency situations.
3. The company is in no way liable for damages incurred by users or third parties resulting from termination or suspension of the service.