THIS PAGE CONTAINS THE FOLLOWING DOCUMENTS:
1. Terms and Conditions
Terms and Conditions
PLEASE NOTE: These updated terms will come into effect as of Saturday May 1st, 2021. Until this time our current conditions and fee structure remain in place.
TERMS AND CONDITIONS
2. LICENSE TO USE WEBSITE
You must not:
1. republish material from this website (including republication on another website);
2. sell, rent or sub-license material from the website;
3. show any material from the website in public;
4. reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
5. edit or otherwise modify any material on the website; or
6. redistribute material from this website except for content specifically and expressly made available for redistribution such as our newsletter.
3. FEES AND PAYMENT
Fees & Incentives:
OTOLANE will invoice the Dealer a buy fee of $110 for automobiles sold for $1,000 or less (Automobiles in this pricing tier are no longer covered by the Total Care Wholesale Protection Plan), a buy fee of $139 for automobiles sold at $1,001 to $3,000, a buy fee of $219 for automobiles sold at $3,001 to $20,000 and a buy fee of $309 for automobiles sold above $20,000. A CARFAX fee of $35.00 per vehicle will be added to the Dealer’s Otolane invoices.
Motorcycles and Powersports will fall under a separate fee schedule. Otolane will still have 0$ sell fees and the buy fees will be as follows: A buy fee of $165 will be charged for all motorcycles and powersports sold for $10,000 or less, a buy fee of $215 will be charged for all motorcycles and powersports sold for between $10,001 and $30,000, a buy fee of $265 will be charged for all motorcycles and powersports sold for $30,001 and above. No Total Care Wholesale Protection Plan fee will be charged for the above mentioned as no Total Care coverage will be provided for these units ( Nonstandard and Modified vehicles, watercraft, motorcycles, dirt bikes, ATV’s, Tractor trailers, farm equipment, and trailers are also exempt from this warranty program).
If a Vehicle is marked “Accept” on the system and is not made available for purchase on the set arrival date (no more than 14 days past the trade date) to the highest bidder at the price of the highest bid, the Dealer will pay a penalty to OTOLANE in the amount of $250. N.B. A live appraisal cannot have an arrival date more than 30 days past trade date.
Vehicles are expected to be available for buyers to pickup on the set arrival date, or within a reasonable delay. Vehicles not made available for pickup or purchase may result in trade cancellation at Otolane’s discretion.
If a vehicle is purchased or “won” by a buyer on the system and is not paid in full or picked-up from the seller’s place of business within 5 business days after being marked as “arrived”, the buyer will pay OTOLANE up to $500 per vehicle in penalties.
Dealer will be invoiced monthly for use of the Service after expiration of specified free trial period, if applicable. Invoices are to be paid weekly by pre-authorized credit card or check payable to OTOLANE. All invoices shall be paid to OTOLANE within thirty (30) days after the date of invoice. Dealer shall pay interest on all overdue amounts from the due date until such amounts are paid at a rate equal to 1.5% per month or the maximum rate allowed by law, whichever is less.
All amounts set out in this Agreement are exclusive of taxes. Dealer will pay or reimburse OTOLANE for all taxes, duties and levies, however designated or computed, that are based upon this Agreement or the provision or use of the Service, including without limitation sales, use and value-added taxes, and other assessments now or hereafter imposed in connection with or resulting from this Agreement, excepting only taxes based on OTOLANE 's net income.
OTOLANE may give Dealer written notice of any change in the fees payable hereunder at any time and from time to time. Any such change shall come into effect on the later of
- the date specified in the notice
- the day that is ninety (90) days after delivery of such notice.
Electronic Fund Transfers will only be available for dealers who are set up for the EFT program and who have completed and submitted all necessary paperwork.
Otolane will not be held responsible for any payment delays as a result of payment failures, bank holidays, or any other reason beyond Otolane's control
Otolane is not responsible for transferring vehicle registrations, these should be transferred and provided to the buyer at the time of pick up, or mailed out to the buyer within a reasonable delay.
A $25 fee will be charged for any failed attempts to withdraw or deposit funds.
4. ACCEPTABLE USE
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
5. RESTRICTED ACCESS
Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.
You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.
You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
You must not use any other person's user ID and password to access our website, unless you have that person's express permission to do so.
We may disable your user ID and password in our sole discretion without notice or explanation.
6. LIMITED WARRANTIES
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
7. LIMITATION AND EXCLUSIONS OF LIABILITY
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
13. EXCLUSION OF THIRD PARTY RIGHTS
14. ENTIRE AGREEMENT
15. LAW AND JURISDICTION
16. OUR DETAILS
The full name of our company is OTOLANESOFT CORPORATION
Our contact email address is email@example.com and can be reached by phone by dialing1 (888) 985 – 0201.
We collect information from you when you register on our site. When registering on our site, as appropriate, you may be asked to enter your dealer name or users names, as well as relevant information (dealer registration number, tax number, etc…). In common with other websites, we may collect log files on the web server saving details such as the visitor's IP address, browser type, referring page and time of visit. Cookies may be used to remember your preferences when interacting with the website. Where registration is elected, your email and a username will be stored on the server, along with the user data and vehicle data belonging to you.
HOW THE INFORMATION IS USED
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. The information is used to enhance your experience when using the website to display personalized content, or content belonging to you. Periodic e-mails may be sent to inform you of news or updates of our service. Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
Cookies are small digital signature files that are stored by your web browser that allow your preferences to be recorded when visiting the website. Also they may be used to track your return visits to the website. You may be able to block cookies via your browser settings but this may prevent you from access to certain features of the website.