Tsikot.com website (hereinafter the "Website").
These terms and conditions ("Terms of Use") apply to the Website, and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms of Use.
By using the Website, you confirm that you understand and accept the Terms of Use. The acceptance of the Terms of Use constitutes the Agreement between the Website and You.
Tsikot.com reserves the right to modify these Terms of Use at any time at its own discretion. Changes will be effective immediately after being posted on the Website with no other notice provided. Your continued use of the Website following the posting of changes to these Terms and Use constitutes your acceptance of those changes.
We grant you a non-transferable and revocable license to use the Website, under these Terms of Use, for the purpose of listing, searching and shopping for vehicles on the Website. By listing any vehicle on the Website you become a 'Seller'. Any breach of the Terms of Use may result in the immediate revocation of the license granted, without notice to you.
Use of the Website
You have to be minimum 18 years of age to access the Website. Content provided on the Website is solely for informational purposes. Product representations expressed on the Website are those of the Seller and are not made by Tsikot.com.
Tsikot.com is not liable for any misuse of information by the users, nor liable or responsible for any failed transaction between two parties. We strongly recommend you read our Safety Tips for buying and selling vehicles on the Website.
Vehicles listed or opinions expressed on the Website are those of the individual posting such content and may not reflect our opinions. Should you choose to register or subscribe for any Website services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes.
Every user of the Website is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. Tsikot.com shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead any third parties or us about to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
Abuse
‘Tsikot.com’ and its community of users work together to keep the Website and services working properly and the community safe. We strongly recommend reporting problems, offensive content and policy breaches to us. We are not liable for trademark or copyright breaches. We work to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. Contact us if you believe your intellectual property has been breached.
Limitation of Liability
In all circumstances, the maximum liability of the Website to the User for damages for any and all causes whatsoever, and the User’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the fee paid by the User for the use of the Website.
In no event, shall the Website be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the Website, even when Tsikot.com has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
Although the Website has several tools and processes to ensure fake, misleading or scamming ads are blocked and removed from the Website, the Website is not liable for such ads. Tsikot.com is also not liable for User loss due to such ads. It is the responsibility of the User to make sure it is using best and safest practices when buying a vehicle, such as never paying for a vehicles without seeing it.
User Submissions
Anything that you submit to the Website and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Website, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.
Listing Acceptance and Pricing
The Website reserves the right to refuse or cancel any listing for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept to publish the listing. We are determined to provide the most accurate information on the Website to our users. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your classified and notify you of such cancellation. We shall have the right to refuse or cancel any such classifieds at any time, whether or not the classified has been confirmed.
Legal Dispute
If a dispute arises between you and ‘Tsikot.com’, you and ‘Tsikot.com’ agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services in accordance with the Arbitration or Applicable Law as stated below, or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute.
Applicable Law and Jurisdiction
These Terms of Use shall be interpreted and governed by the laws in forced in the Republic of the Philippines. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Republic of the Philippines and to waive any objections based upon venue.
Arbitration
Any controversy, claim or dispute arising out of or relating to these Terms of Use will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in English and governed by Philippine law pursuant. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in the Philippines independent of either party. Notwithstanding the foregoing, the Website reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
Relationship
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
We shall send notices to you by email to the email address you provide to ‘Tsikot.com’ during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to you by registered mail shall be deemed to have been received by that party two days after the date of mailing.
Termination
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms of Use or revoke any or all of your rights granted under the Terms of Use. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Website and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Website in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Website shall not be liable to you or to any other person as a result of any such suspension or termination.
