Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
The sterlingcars.co.nz website (the “Site”) is owned and operated by sterlingcars.co.nz (Pvt) Ltd. (or "Sterlingcars"). By using this Site, you explicitly agree to comply with and be bound by the following terms and conditions (“Terms and Conditions”), and all policies, rules, and instructions, and additional terms posted on or through the Site, all of which are incorporated into this Agreement. By registering for, logging into, visiting and/or otherwise using the Site in any way, you indicate that you understand, intend to be legally bound by, and accept these Terms and Conditions. Sterling Cars may change these Terms and Conditions at any time. Your continued use of the Site following appropriate notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions. At all times, you are bound by the then-current version of these Terms and Conditions and all applicable laws. Please review these Terms and Conditions periodically for changes.
Use of Sterling Cars Listings
Sterling Cars includes a vehicle listing and information service that brings together buyers and sellers, and a secure private vehicle sales platform (“Platform”) through which buyers and sellers can conduct vehicle sales transactions. The information on vehicles provided through these services and on the Site is supplied by the seller or other third parties; Sterling Cars is not responsible for the accuracy of such information. Sterling Cars provides these services and the Site and all information and materials without conditions, representations or warranties of any kind, either expressed or implied. Sterling Cars is not a party to any transaction between vehicle buyers and sellers that occurs through the Site or that originates from information found on the Site. Prices do not include additional fees such as government fees and taxes, title and registration fees, licensing and plate fees, finance charges, dealer document preparation fees, and emission testing.
FOR BOTH THE LISTINGS SERVICE AND THE PLATFORM, STERLING CARS IS NOT AN AUTOMOBILE BROKER OR DEALER AND DOES NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY VEHICLE LISTED FOR SALE ON OUR SITE. Sterling Cars does not hold or possess title for any vehicle listed for sale on our Site and SterlingCars is not a party to any vehicle sale contract between vehicle buyers and sellers that originates on or through the Site.
All buyers and sellers must be at least 18 years old to use the Site and by using the Site, you represent that you are at least 18 years old.
Information about a particular vehicle is supplied by the seller, not by Sterling Cars, and the buyer is solely responsible for reading the full vehicle listing before making a commitment to buy. The price and other terms of any sale are arranged after negotiation between the buyer and the seller. Sterling Cars is not responsible for incorrect information given by buyers or sellers, including information regarding vehicles, including but not limited to vehicle mileage, condition, history, or photos of vehicles.
Sterling Cars is not responsible for any incorrect information or mistakes. We cannot verify the information/photos that sellers supply or guarantee the vehicles they offer. When using this Site, please use common sense and good judgment. When dealing with prospective purchasers/sellers, we urge you to take the same precautions you would take if you were purchasing/selling a car through a classified ad in the newspaper or any other private sales transaction.
STERLING CARS MAKES NO GUARANTEES, WARRANTEES OR REPRESENTATIONS REGARDING ANY VEHICLES LISTED FOR SALE OR SOLD ON OUR SITE. VEHICLE SALES ARE “AS IS”. VEHICLE SALES ARE BETWEEN THE BUYER AND THE SELLER ONLY. STERLING CARS DOES NOT OWN, INSPECT, BUY, OR SELL, ANY VEHICLES LISTED FOR SALE ON OUR SITE. ANY DISPUTE ABOUT THE CONDITION OF A VEHICLE SOLD THROUGH THE SITE IS BETWEEN THE BUYER AND SELLER ONLY. STERLING CARS DOES NOT HOLD OR POSSESS TITLE FOR ANY VEHICLE LISTED FOR SALE ON OUR SITE.
In addition, as a Platform seller you represent and warrant: (i) that all information submitted to Sterling Cars about a particular vehicle and your contact information are accurate and true. In addition, you agree to approve listing descriptions as complete and accurate before publication, (ii) that all relevant vehicle information is included in the listing submission, (iii) that you are prepared to sell the listed vehicle at the price at which it is listed, (iv) that you have possession of the actual vehicle listed and the proper authority to transfer title.
All applications for credit and/or lending arrangements are through one or more unaffiliated third-party providers over whom Sterling Cars has no control. Any application for credit or lending arrangement, terms, conditions, warranties, or representations associated with any application for credit or lending arrangement, is solely between you and any such third-party provider. Sterling Cars is not responsible or liable for any loss or damage incurred as the result of such application for credit or lending arrangement.
The following terms also apply to vehicle purchases and sales through the Platform:
Transfer of Ownership: Sterling Cars will communicate certain information between sellers and buyers (and vice versa) to help facilitate a sale on the Platform, but Sterling Cars does not transfer legal ownership of vehicles from the seller to the buyer.
Dedicated Agents: Any guidance we provide in connection with a vehicle sale through the Platform, including guidance provided by our agents, is solely informational and you may decide to follow it or not. Also, while our agents may help facilitate various aspects of a private sale, Sterling Cars has no control over and does not guarantee: the existence, quality, safety or legality of vehicles advertised to be sold; the truth or accuracy of user’s content or listings; the ability of sellers to sell vehicles; the ability of buyers to pay for vehicles; or that a buyer or seller will actually complete a transaction.
Disputes: The Platform does not support vehicle returns or cancellations of completed sales. Once a sale through the Platform is complete, any dispute between a buyer and a seller concerning a vehicle sold through the Platform must be addressed directly between the buyer and seller separate to and outside of the Platform.
Release: If you have a dispute with a buyer or seller using the Platform, you release Sterling Cars (including our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Ownership And Intellectual Property: Except as otherwise indicated, all copyright rights and other intellectual property rights in this Site and its contents, including any and all messages, data, information, text, music, sound, photos, images, graphics, code, marks, logos, audio and video, footage, animations, podcasts, analyses, studies, reports, downloads, and other content contained herein ("Site Content") is owned by or licensed to Sterlingcars.co.nz (Pvt) Ltd, and protected by law, including copyright, database, trade secret, and trademark laws of Sri Lanka and all applicable jurisdictions, as well as other applicable state, national, and international laws and regulations. The Site Content is Copyright 2020, Sterlingcars.co.nz (Pvt) Ltd, all rights reserved.
Sterling Cars also owns copyright rights in the Site Content as a collective work and/or compilation, and in any and all databases accessible on or through the Site. Sterling Cars, the Sterling Cars logo, and all other marks displayed on this site (the "Trademarks") are registered and/or common law trademarks of Sterling Cars and/or various third parties. Except as expressly stated herein, nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any grant, license or right to use any Site Content or Trademarks without the prior written permission of Sterling Cars or such other party that may own the Trademarks or any licensed copyrights. You agree not to directly or indirectly: attempt to register, challenge or contest the validity or the Sterling Cars’ (or its licensor’s, as applicable) ownership of, such copyrights, Trademarks or any other Sterling Cars’ intellectual property, or assist any third party in doing so.
Use of Chat Rooms, Bulletin Boards and Other Interactive Areas: The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of automobiles and automotive related services or other content, messages, materials or other items on the Site ("Interactive Areas"). If Sterling Cars provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. No action should be taken based upon any of the information contained in the Interactive Areas. You should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable automotive area before acting upon any opinion, advice, or information contained on the Site. All statements, information and other content submitted by users are solely the opinions of users, and not of Sterling Cars.
By using any Interactive Areas, you expressly agree not to use, reproduce, modify, adapt, edit, translate, publicly display, telecommunicate or perform, post, upload to, transmit, distribute, store, create derivative works from or otherwise publish throughout the World, in any media, now known or hereafter devised, on or through the Site any of the following:
Any message, data, information, text, music, sound, photos, images, graphics, code, marks, logos or other content ("Content") that is unlawful, untrue, libellous, defamatory, slanderous, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or inappropriate;
Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, foreign, national or international law;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party (including rights of privacy and publicity);
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising or solicitations;
Private or personally identifiable information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files;
Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
Content that, in the sole judgment of Sterling Cars, contravenes the above, is otherwise objectionable or inappropriate, or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Sterling Cars or its affiliates or its users to any harm or liability of any type.
You further agree that you will not attempt or do any of the following:
Interfere with or disrupt the Site or our computer systems, servers, or networks;
Attempt to gain unauthorized access to any part of the Site, to accounts that belong to other users, or to computer systems or networks connected to the Site; or
Engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such as web robots, crawlers, or spiders (except in strict conformance with the Robots Exclusion Protocol) or otherwise.
By posting or distributing Content to or through the Site, unless we indicate otherwise, you (a) grant Sterling Cars and its affiliates and sublicensees a nonexclusive, royalty-free, perpetual, worldwide, transferable, irrevocable and fully sublicensable right to use, post, store, reproduce, modify, adapt, edit, translate, distribute, transmit, publish, create derivative works from and publicly display, telecommunicate and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant Sterling Cars and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose in their absolute discretion; and (c) represent and warrant that (i) you own and/or control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site, and to grant the licenses granted herein; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity. You further grant Sterling Cars the right to pursue at law any person or entity that violates your or Sterling Cars' rights in the Content or breaches of these Terms and Conditions.
Sterling Cars takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto or in connection therewith, nor is Sterling Cars liable for any mistakes, inaccuracies, infringements, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Sterling Cars is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or any Interactive Area. Although Sterling Cars has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Sterling Cars reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason and without liability to you or any third party, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Sterling Cars’ systems and customers, or to ensure the integrity and operation of Sterling Cars business and systems, Sterling Cars may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content.
Rights to User Content
Content submitted by users will be considered non-confidential and Sterling Cars is under no obligation to treat such Content as confidential or proprietary information. Without limiting the foregoing, Sterling Cars reserves the right to use the Content as it deems appropriate, including, without limitation, posting, reproducing, adapting, translating, publicly displaying, telecommunicating or performing, uploading to, transmitting, distributing, storing, creating derivative works from, publishing, deleting, editing, modifying, rejecting, or refusing to post it. Sterling Cars is under no obligation to offer you or make any payment for Content that you submit or its use as contemplated herein or for your permission or license to edit, delete or otherwise modify Content once it has been submitted to Sterling Cars. Sterling Cars shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Sterling Cars or its licensees or sublicensees, successors and assigns; (c) you forever irrevocably waive in favour of Sterling Cars and its successors, assigns, officers, employees, affiliates, agents and sublicensees, and agree not to claim or assert any entitlement to, any and all moral rights you may have as an author throughout the World in any of the Content; and (d) you forever release Sterling Cars, and its licensees, successors and assigns, from any claims that you could otherwise assert against Sterling Cars by virtue of any such moral rights.
Grant of License; Use of The Site
Sterling Cars grants to you a personal, revocable, nonexclusive, non-transferable license to view, download, and print limited portions of the Site Content available in the public areas of the Site subject to the following conditions: (i) you may only do so on an occasional basis for your own personal and non-commercial use; (ii) you may not modify the Site Content; (iii) any displays or printouts of Site Content must be marked "© 2019, Sterling Cars, All rights reserved."; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in/on the Site Content by Sterling Cars; and (v) you may not reproduce, modify, adapt, translate, edit, upload to, transmit, store, further post, mirror, frame, “deep link,” “scrape,” data mine, prepare derivative works from, sell or distribute or publicly display, perform or telecommunicate Site Content, except as provided herein. Except as expressly permitted above, copying, transmission, reproduction, public display, performance or telecommunication, reproduction, republication, modification, adaptation, translation, editing, storing, transmitting, creation of derivative works, posting, or redistribution of the Site Content or any portion thereof is strictly prohibited without the prior written permission of Sterling Cars. To request permission, you may contact Sterling Cars as follows:
By electronic mail to: email@example.com
Or by regular mail to:
193, Udahamulla Station Road,
You may not use Site Content in any manner that suggests the affiliation, sponsorship, endorsement or association with or by Sterling Cars with or of you or any third-party entity, person, product or service unless express written permission has been given by Sterling Cars in advance. You represent and warrant that your use of Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. Any unauthorized use of the Site or the Site Content will terminate the permission granted by this Agreement and may violate applicable laws, including copyright law, trademark laws, and commercial regulations and statutes.
Agreement with the Leasing Partner
Once you apply for a leasing quotation, such quotations will be subject to the terms and conditions put forth by the leasing service provider and will be subject to approval from the same party. Sterling Cars does not and cannot guarantee the facilitation of a leasing facility to a vehicle buyer and has no legal responsibility regarding any transactions that may take place between the vehicle buyer and the leasing service provider.
STERLING CARS MAKES NO CONDITION, REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SUITABILITY OF THE SITE CONTENT, OR ANY PORTION THEREOF, FOR ANY PURPOSE. THE SITE, ALL SITE CONTENT, AND ALL OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS," “AS AVAILABLE” BASIS, AND STERLING CARS EXPRESSLY DISCLAIMS ANY AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR USE, INCLUDING ALL IMPLIED WARRANTIES IN CONNECTION WITH THE FOREGOING. STERLING CARS ALSO EXPRESSLY DISCLAIMS ANY CONDITION, WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR PROPRIETARY CHARACTER OF THE SITE, ALL SITE CONTENT, AND ALL OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE. STERLING CARS DOES NOT GUARANTEE THAT THE SITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS AND ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, THE ALLEGED INACCURACY OF SITE CONTENT, YOUR INABILITY TO ACCESS THE SITE AT ANY GIVEN TIME, OR ALLEGATIONS THAT STERLING CARS HAS OR SHOULD INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE.
LIMITATION OF LIABILITY
YOU USE THE SITE AT YOUR OWN RISK AND NEITHER STERLING CARS, ITS AFFILIATES AND SUBLICENSEE NOR THE PARTIES WHO PROVIDE INFORMATION AND MATERIAL FOR PUBLICATION WITHIN THE SITE CONTENT SHALL BE LIABLE FOR ANY DAMAGES OF ANY SORT ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE SITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, STERLING CARS ALSO DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR ACCESS OR USE OF THE SITE AND THE SITE CONTENT. IF STERLING CARS IS FOUND TO BE LIABLE UNDER THIS AGREEMENT, INCLUDING FOR DIRECT OR ANY TYPE OF DAMAGES, OUR AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY; OR (B) LKR 20,000.
YOU AGREE TO INDEMNIFY STERLING CARS AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND HOLD ALL OF THE FOREGOING HARMLESS, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY AND EXPENSES, INCLUDING ATTORNEYS FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY BREACH OF THESE TERMS AND CONDITIONS.
Links to Other Sites
Applicable Law and Jurisdiction
The Site (excluding links to third-party sites) is owned and controlled by Sterling Cars, and operated by Sterling Cars from its offices in and around Colombo, Western Province. While Sterling Cars has made no effort to publish the Site elsewhere, because this Site is published on the World Wide Web it is accessible in all nine provinces of Sri Lanka and in other countries. You and Sterling Cars both benefit from establishing a predictable legal environment in which to publish, access and use this Site. Therefore, by publishing, accessing, and/or using the Site, you and Sterling Cars explicitly agree that all disputes, claims, or other matters arising from or relating to your use of this Site will be governed by the laws of Sri Lanka, without regard to its conflicts of law principles.
Assumption of Risk
You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. Although Sterling Cars has endeavoured to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Sterling Cars is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Sterling Cars shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using this Site.
Modifications to the Site
Sterling Cars may change, restrict access to, suspend, or discontinue any aspect of thesterlingcars.co.nz service or the Site at any time, including availability of any feature, database, or content. Sterling Cars may also impose limits on certain features and services or restrict your access to all or parts of the sterlingcars.co.nz web site without notice or liability. Sterling Cars may remove any review from the Site if Sterling Cars determines, in its sole discretion, that the review may be false or fraudulent. Sterling Cars may exclude or remove vehicle prices from the Site if Sterling Cars determines, in its sole discretion, that the prices violate Guidelines for Dealer Pricing and Marketing. Sterling Cars may exclude or remove from the Site embedded contact information in (i) a dealer’s description of a vehicle and/or (ii) images, often known as "Watermarking," if Sterling Cars determines in its sole discretion that such information is embedded with the intent of circumventing the Sterling Cars lead routing process.
Sterling Cars reserves the right (but assumes no obligation) to delete, move, condense or edit any content on the Site that comes to Sterling Cars ' attention and that Sterling Cars considers unacceptable or inappropriate, whether for legal or other reasons.
You agree that we may, under some circumstances and without prior individual notice to you, terminate your use of and access to any of the parts of the Site to which we restrict access, for example, by requiring registration. Some of the reasons for such termination may include, but are not limited to, (a) a breach or violation or suspected breach or violation of these Terms and Conditions or other incorporated terms or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the Site, (d) technical or security issues, and (e) fraudulent or illegal activities. All terminations will be made in our sole discretion and you agree that we will not be liable for any termination of your use of or access to the Site or any part of the Site.
This agreement may not be assigned by you without the prior written consent of Sterling Cars. Any attempted assignment that does not comply with these Terms and Conditions shall be null and void. Sterling Cars may assign these Terms and Conditions, in whole or in part, to any third-party in its sole discretion. These terms and Conditions shall inure to the benefit of and be binding upon the parties hereto, and their permitted successors, permitted assigns, heirs, and legal and personal representatives. If any provisions of this agreement are held to be invalid or unenforceable by an arbitrator or a court of competent jurisdiction, any such provision(s) shall be enforced to the maximum extent permissible so as to effect the intent of the parties and shall not affect the validity or enforceability of any other provisions herein, and the remainder of this Agreement shall continue in full force and effect. Any waiver of any provision herein, to be effective, must be in writing signed by an authorized officer of Sterling Cars, and shall not constitute a waiver of any other provision herein or a continuing waiver of any future breaches of the same provision.
Entire Agreement/Reservation of Rights