Terms and Conditions of Use for the Website of CarNext

The website www.CarNext.com (Website) and its contents are property of and managed by CarNext B.V. based John M Keynesplein 10A (1066 EP) Amsterdam, The Netherlands, Tel: +49 211 87542644 and Email: support.de@carnext.com (together with its group companies, including CarNext DE GmbH, having its office at Lippestraße 4, 40221 Düsseldorf, Germany, will be collectively referred to herein as CarNext) . If you have any questions or complaints about this Website, please contact us using the contact form on this Website.

1. Applicability 1.1. These terms and conditions of use (Terms of Use) apply to your visit to and your use of this Website, as well as to all information, recommendations and/or services provided to you on or through this Website (Information). In the event of any conflict between the terms and conditions of specific products and services and these Terms of Use, the conditions specific to such products and services shall prevail.

1.2. By accessing or using this Website, you agree to the applicability of our Terms of Use. These Terms of Use may be changed over time. Users of the Website are advised to regularly read the Terms of Use for possible changes.

1.3. These Terms of Use were last changed on 1st of April 2021.

2. Information and Liability 2.1. CarNext controls and maintains this Website from the Netherlands and makes no representation that the Information provided on or via this Website is appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws.

2.2. The Website is provided "as is" and "as available". CarNext does not offer any specific guarantee of the results expected, hoped for or obtained through the use of the Website.

2.3. The Information is for general information purposes only and does not constitute advice or contractual proposal unless otherwise specifically provided for. CarNext will reasonably keep the Information on this Website and its contents correct and up-to-date but does not guarantee that the Website and/or the Information is free of errors, defects, malware and viruses or that the Website and/or Information is correct, up-to-date and accurate.

2.4. CarNext shall not be liable for any damages, claims or losses, direct or indirect, resulting from the use, operation, misuse of or inability to use the Website, including but not limited to the damages caused by malware, viruses, data loss, defects or any other errors, any incorrectness or incompleteness of the Information or the Website or by third party claims in connection with the use of this site.

2.5. CarNext shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with this Website, including but not limited to damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

2.6. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the disclaimers and limitations of liability may not apply to you. To the extent that CarNext may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of CarNexts liability shall be the minimum permitted under such applicable law.

3.Use of this Website 3.1. The user undertakes to use the Website in a diligent, correct and lawful manner and in particular, by way of example and not exhaustively, undertakes to abstain: -from any improper use of the Website in contrast with the law, this Terms of Use and all other indications published on this Website;

-from any action that may prejudice the rights and interests of CarNext and/or third parties, including intellectual property rights, or damage, deteriorate or prevent in any form the normal use of the Website and its underlying software, electronic databases, files and any class of content stored on these;

-from use of the Website in a way which may prevent the use of other internet users and/or which may damage / threaten the functioning of the Website and / or affect the Information provided on or through the Website;

-from providing, uploading, sending or otherwise transmitting any information that is not correct, unlawful and/or harmful to CarNext and to other users.

4. Linked Sites This Website provides links to external internet sites. CarNext shall not be liable for the use or the content of internet sites that link to this site or which are linked from it. Our Privacy Statement and Cookie Policy do not apply to any collection and processing of your personal data on or through such external sites.

5. Privacy and Cookie Statement CarNext collects and processes the personal data of the visitors of the Website according to the Privacy Statement and Cookie Policy.

6. Intellectual Property 6.1. Unless otherwise indicated, all rights to this Website and the Information, including copyrights, trademarks, patents and other intellectual property rights, are owned by CarNext or its licensors. For the avoidance of doubt, the term Website refers to any content on the Website and any other element allowing operation of the Website including but not limited to the underlying software, multimedia elements and electronic databases.

6.2. Users are permitted to read the Website and the Information and make copies for their own personal use, for example by printing or storing it.

6.3. You may not copy, store, reproduce, distribute, modify, communicate to the public, reverse engineer, decompile or disassemble this Website, its content and its code, create any derivative works from them, extract or reutilize electronic databases underlying the Website or use the Website in a way that contradicts with the legitimate and normal use of the Website and/or use them against unfair competition, whether in whole or in part, except as explicitly permitted under the Terms of Use. Screen-scraping (or web-scraping) is prohibited without the express written consent of CarNext.

7. Unsolicited Ideas 7.1. If you post unsolicited ideas and/or materials whether consisting of texts, images, sounds, software, information or otherwise (Materials) on this Website or send these to CarNext by e-mail or otherwise, CarNext shall be entitled to use, copy and/or commercially exploit such Materials to the fullest extent and free of charge and CarNext shall not be bound by any confidentiality obligation in respect of such Materials.

7.2. You hereby indemnify and hold CarNext harmless from and against all actions, claims and liabilities, suffered, incurred or sustained by CarNext as a result of the use and/or exploitation of the Materials infringing the (intellectual property) rights of any third party or otherwise being unlawful towards a third party.

8. Severability If these Terms of Use are or become partially void, the parties will continue to be bound by the remainder of the same. The parties shall replace the void part by provisions that are valid and have legal effect that correspond with those of the void part as much as possible, taking into account the content and the purpose of these Terms of Use.

9. Online Communication Messages that you send to CarNext by email may not be secure. CarNext recommends that you do not send any confidential information to CarNext by email. If you choose to send any messages to CarNext via email, you accept the risk that they may be intercepted, misused and modified by a third party.

10. Amendments CarNext reserves the right to change the information provided on or through this Website, including the terms of these Terms of Use at any time and without notice. It is recommended that you periodically review the information provided on or through this Website.

11. Applicable Law and Dispute Resolution 11.1. These Terms of Use shall be exclusively governed by Dutch law, with the understanding that consumers using the Website can still rely on mandatory provisions protecting the consumer under the laws of his/her country of domicile.

11.2. All disputes arising in connection with these Terms of Use, including disputes concerning the existence and validity thereof, shall be exclusively resolved by the competent courts of Amsterdam, with the understanding that consumers may also bring disputes in connection with these Terms of Use to the competent court of his/her place of domicile.

11.3. CarNext is neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.The EU Commission offers the possibility of dispute resolution on an online platform operated by the Commission. This platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.

11.4. In the event of a discrepancy or difference in interpretation between various language versions of these Terms of Use, the English language version shall prevail.