Terms & conditions


Terms of use

1. Use of Mycar.mu

  1. 1.1. Welcome to Mycar.mu. This website ("Website"/ “Mycar.mu”), is a Website owned and operated by Starting Gate Ltd (“Starting Gate”, “we" and "us"). Starting Gate is a Mauritian company having its registered address at Lot 3, The Cubicle, Phoenix, Mauritius, bearing business registration number C14122063. The term 'you' refers to the user or viewer of our Website.
  2. 1.2. These terms of use (“Terms of Use”) tell you the terms on which you may use this Website to access the information, products, services and advertisements (the “Content”) available through the Website. By accessing, viewing or using the Content on the Website you have indicated to us that you both understand and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please refrain from using this Website.
  3. 1.3. Please also read our privacy policy ("Privacy Policy") which explains how we will use any information about you that we receive. The Privacy Policy forms part of these Terms of Use.
  4. 1.4. Additional terms may apply to particular services offered by us ("Additional Terms"). These Additional Terms will be set out at the point of access to the relevant service. If there is any inconsistency between the Additional Terms for a particular service and the Terms of Use, the Additional Terms will prevail.
  5. 1.5. Mycar.mu is a vehicle listing and information service that brings together buyers and sellers. We are not a broker or retailer and does not sell or 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 Mycar.mu. We do not hold or possess ownership details for any vehicle listed for sale on Mycar.mu and we are not a party to any vehicle sale contract between vehicle buyers and sellers that originates on Mycar.mu.

2. Registration

  1. 2.1. In order to use to certain of our services, you will need to register (free of charge for individual private seller only) to create a website account (“Website Account”) whereby you may choose, or you may be provided with, a user identification code and password. Please treat such information as confidential and refrain from disclosing them to any third party. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly contact us at info@mycar.mu or 606 4112 | 606 4513 | 5757 2118.
  2. 2.2. You shall at all times remain fully responsible for all activities that occur through your Website Account (including but not limited to posting vehicle/products/services advert).
  3. 2.3. You agree that the information supplied with your registration will be truthful, accurate and complete. All personal information supplied by you as part of the registration process will be protected and used in accordance with the terms of our Privacy Policy.
  4. 2.4. We reserve the right to disable any user identification code or password, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
  5. 2.5. From time to time, we may restrict access to some parts of or the entire Website to users who have registered with us.

3. Content

  1. 3.1. The Content on Mycar.mu is provided for general information only. It is not intended to amount to advice on which you should rely. You are advised to seek professional or specialist advice or make your personal enquiry before taking, or refraining from, any action on the basis of the Content. You should not construe the publication of the Website as a warranty or guarantee of the quality or availability of any services.
  2. 3.2. You acknowledge that some of the Content (which includes vehicles advert listing and any other literature in use from time to time) may be supplied by third parties and the accuracy and completeness of it will not have been checked by us. You rely on all such information at your own risk.
  3. 3.3. If you wish to buy any vehicle/products/services advertised on the Website, please be advised that it is for you to satisfy yourself as to the price, quality, condition, provenance (or any other characteristic) of any vehicles, products or services through your own inspection and inquiries and we shall accept no liability for any information featured on the Website. For the avoidance of doubt, we do not undertake to check or scrutinise such information.
  4. 3.4. Mycar.mu may contain technical inaccuracies and typos. Although we make reasonable efforts to update the information on Mycar.mu, we make no representations, warranties or guarantees, whether express or implied, that the Content on Mycar.mu is accurate, complete or up-to-date.
  5. 3.5. We accept no responsibility for any loss or damage that may result from accessing or reliance on the Content on the Website and disclaim, to the fullest extent permitted by applicable law, any and all liability with respect to acts or omissions made by you on the basis of the Content on the Website.

4. Placing an advert on Mycar.mu

  1. 4.1. In order to place an advert, you need to register as per section 2 above and according to the Additional Terms indicated on the advert creation form. Posting an advert online will not be instantaneous for technical reasons. A message will automatically be sent to you when your advert is online for viewing.
  2. 4.2. Advertisements published on the Website will be accessible for an initial publication period of at least forty-five (45) days for car ads and at least sixty (60) days for other vehicles ads ( “Initial Publication Period”) from the date of their release except in case of withdrawal by you from your Website Account or withdrawal by Mycar.mu.
  3. 4.3. You may renew the publication of your advert by responding to Mycar’s email that will be sent to you three (3) days prior to the expiry of the Initial Publication Period. If you opt to renew your advert, your advert will be published for an additional period of forty-five (45) days. Once the advert is no longer required it is your responsibility to put offline your advert using your Website Account facility on the Website.
  4. 4.4. Using Mycar.mu is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept the Additional Terms that will be clearly disclosed at the time you post your advert. We reserve the right to change our fee from time to time and will be effective when posted online.
  5. 4.5. You are solely responsible for uploading any photographs which form part of your advert unless agreed otherwise by us. We shall have no responsibility for the quality of any photographs you upload or provide to us.
  6. 4.6. We do not monitor or control and shall not be responsible for the content of your advert which you agree is your sole responsibility. Accordingly, you shall be responsible for any losses, expenses or other costs incurred by us caused by an untrue statement or inaccurate or unlawful content.
  7. 4.7. You agree that any questions and complaints regarding a vehicle advertised in your advert will be your responsibility only and that we do not have any liability in this regard.
  8. 4.8. If, as a result of placing an advert, you are successful in selling your vehicle, we will not be connected in any way to that sale and will not be liable or responsible under any contract for the sale of your vehicle which you might enter into with a third party.
  9. 4.9. We cannot guarantee that by placing an advert on Mycar.mu, you will sell the vehicle in question and we do not commit to finding a buyer for you. Our role is solely to provide a platform on which you can advertise your vehicle for sale.
  10. 4.10. We reserve the right to refuse to publish any advert without reason and to classify, edit and delete an advert at our sole discretion so as to comply with the Terms of Use and/or the requirements of section 5 hereunder and/or any relevant legislation.
  11. 4.11. We may at any time remove any or all of the materials from the advert which in our opinion are unlawful or are in breach of these Terms of Use.
  12. 4.12. When posting an advert on Mycar.mu, you warrant that:
    1. 4.12.1. you have the right to sell the vehicle/products/services in the advert;
    2. 4.12.2. you will not post advert which is likely to deceive any person;
    3. 4.12.3. the information contained within the advert is a true and accurate representation of the vehicle/product/service to which it relates and any statement made in relation to the mileage of a vehicle being advertised is correct;
    4. 4.12.4. you will not act fraudulently and will deliver any vehicle advertised that is lawfully bought from you;
    5. 4.12.5. the publication of the advert by us will not breach any contract, infringe any third-party intellectual property rights or other rights; render us liable to any proceedings; and/or cause a detriment to our reputation;
    6. 4.12.6. you will not upload any files to Mycar.mu that contain a virus and/ or corrupted data; and
    7. 4.12.7. the advert complies with these Terms of Use/any Additional Terms.

5. Photo Guidelines

  1. 5.1. In order to ensure the quality of photo of vehicle published on Mycar.mu, any photo uploaded by you must satisfy the quality charter (“Quality Charter”) established by Mycar.mu which you can view by clicking on the following link www.mycar.mu/public/pdf/Image%20Upload%20Guidelines.pdf
  2. 5.2. Photographs which form part of your adverts must: -
    1. 5.2.1. meet the requirements of the Quality Charter;
    2. 5.2.2. show only one vehicle;
    3. 5.2.3. be accurate in their description of the vehicle being displayed;
    4. 5.2.4. not be of poor quality;
    5. 5.2.5. not be unrelated to your advert;
    6. 5.2.6. not contain any material that is subject to third party intellectual property rights or other third-party proprietary rights including but not limited to manufacturer or catalogue photos;
    7. 5.2.7. not be defamatory or derogatory of any person or organisation;
    8. 5.2.8. not disclose any personal information in respect of any individual (and personal information for the purpose of this section is any information that can be used to identify a person or contact a person by any means);
    9. 5.2.9. not, other than solely in relation to the sale of the vehicle which is the subject of your advert, contain any advertising, promote any goods or services, drive traffic to another website or notify users of a promotion not approved by Mycar.mu or otherwise attempt to make a commercial gain;
    10. 5.2.10. not contain any spam;
    11. 5.2.11. not contain text not relevant to the vehicle being described;
    12. 5.2.12. not be irrelevant or off-topic; and
    13. 5.2.13. not contain a url or link to any other site.
  3. 5.3. Mycar.mu may check such photographs which form part of your adverts to ensure that such content meets the above requirements.
  4. 5.4. If a photograph in your advert does not meet the requirements set out in these Terms of Use, Mycar.mu reserves the right not to publish the photograph and/or to remove the relevant photograph from the advert or to remove the advert in its entirety from Mycar.mu.

6. Boost your Advert Options

  1. 6.1. You can pay to increase the visibility of your ad, using one or all of the following options:
    1. 6.1.1. Pin to Top Option
      • The ‘Pin to Top’ Option allows you boost your ad on top of the list of featured cars on Mycar.mu in the category, make and model of your car for a period of one (1) week or two (2) weeks according to chosen plan. This option may give you the maximum exposure and more response.
    2. 6.1.2. Tag by Bosch
      • When you opt for this option, your car will be examined by Bosch services and will be valued by a car expert valuer. You will be able to tag 'Price Approved by Bosch Car Service and Official Car Valuator' on your advert if your selling price is less or equal than the valuated price. This will add visibility to your ad and provide potential buyers with the comfort that it will be a fair deal for both.
      • For avoidance of doubt, the price tag is not a guaranteed price, only a guideline price, and we do not guarantee that any buyer will be able to match that price.

7. Charges and Payment

  1. 7.1. The cost of using certain services available on Mycar.mu depends on the package you select and you will be notified of the prices when you select your service (s) and related package.
  2. 7.2. All services must be pre-paid prior to execution of such services. Payment for services can be made either by Credit Cards, Bank transfers or Juice. Payments to us are processed by MIPS

    MyPay (who does not store card details) via a secure sever (SSL) connection to ensure the safety of your payment online. When you choose an online payment option, your card information is securely processed through the payment gateway of our national bank partner, The Mauritius Commercial Bank. Whilst every effort is made to ensure the safety of your credit card transaction, we cannot and do not accept liability for any loss or damage incurred as a result of using the secure payment mechanism.
  3. 7.3. Prepaid services are not refundable under any circumstances unless you have effected payment twice for a given service. If you wish to make a request for refund, please contact us at 606 4112 or info@mycar.mu with all details of the payment and package. Upon considering all the information, through MIPS MyPay we will refund the purchase price, using the original method of payment.
  4. 7.4. We have the right to change our rates for any services offered by Mycar.mu at any time and for any reason but any revised rates shall not apply to any services secured with us before publication of the revised rates.

8. Prohibited Uses

  1. 8.1. You may use Mycar.mu only for lawful purposes.
  2. 8.2. You may not use Mycar.mu:
    1. 8.2.1. in any way that breaches any applicable local, national or international law or regulation;
    2. 8.2.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
    3. 8.2.3. for the purpose of harming or attempting to harm anyone in any way;
    4. 8.2.4. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
    5. 8.2.5. for any action which would interfere with or disrupt Mycar.mu or servers or networks connected to Mycar.mu;
    6. 8.2.6. for any action to de-compile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with any aspect of Mycar.mu;
    7. 8.2.7. for use of automated means, including spiders, scraper, robots, crawlers, or the like to download data from Mycar.mu;
    8. 8.2.8. to contact advertisers of vehicles other than in connection with a genuine enquiry relating to the purchase by you of the vehicle in question; and
    9. 8.2.9. to harvest or otherwise collect or use any information about others (including personal data such as email addresses) without their consent and must only use such information for Mycar.mu transaction-related purposes or for other services offered by Mycar.mu.

9. Personal Data

  1. 9.1. When registering for your Website Account or interacting with other services offered by us via our Website it may be necessary for you to provide some personal information to us. We will keep your personal information secure and will use it only in accordance with our Privacy Policy. All personal information held by us will be held in accordance with the terms of applicable data protection laws.
  2. 9.2. By submitting an advert to us, you are requesting that your advert appears on Mycar.mu. This means that the advert and all information contained within it can potentially be viewed by all persons with internet access throughout the world. You consent to the publication of your data in this way.
  3. 9.3. You acknowledge and agree that by placing an advert with us, you will provide us with and we will collect from you certain personal data relating to you (e.g. name, address and contact details). This personal data will be processed in accordance with our Privacy Policy and may be used for a number of purposes (as further detailed in our Privacy Policy) and which may include marketing communication from Mycar.mu and/or third-party service providers appointed by us for that purpose. If you do not wish to receive marketing communications from the Website, simply indicate this on the account profile page once signed in to Mycar.mu, or at any time by emailing info@mycar.mu.

10. Third Party Links and Resources on Mycar.mu

  1. 10.1. Mycar.mu may contain links to other websites and resources provided by third parties, these links are provided for your information only and use of these sites is at your own risk. We have no control over the contents of those websites or resources. Such links do not imply our endorsement of information or products/services on any other website and we disclaim all liability with regard to your access to and use of such linked websites.
  2. 10.2. Mycar.mu may contain adverts of products and/or services offered by third parties and is provided to enrich the Content of the Website. You may have access to pages of these parties if you wish. For avoidance of doubt, products/services are offered independently by the third parties and under their sole responsibilities. Accordingly, Mycar.mu cannot be held liable in anyway whatsoever in relation to the offers and the transactions that might result between you and the third parties.
  3. 10.3. Please note that these Terms of Use do not apply to third parties’ content and offers, you are advised to consult the terms and conditions of use and the general terms of sale of these third parties' sites.
  4. 10.4. You may also have access to information via Mycar.mu regarding leasing facilities, insurance and other services. For avoidance of doubt, such services are proposed by third party financial institutions, insurance and specialized agencies and as such, Mycar.mu is not a party to the contracts or relationship that might result, nor do we guarantee you that your will be granted any such services.

11. Linking to Mycar.mu

  1. 11.1. Prior written agreement of Mycar.mu/Starting Gate is required to authorize you to include a link to Mycar.mu. Where authorization is granted you must not use such link in any way which would imply partnership, affiliation, endorsement or sponsorship of any service or product or which may bring us into disrepute.

12. Intellectual Property Rights

  1. 12.1. All texts, images, user interfaces, video media, artwork, computer code (including but not limited to HTML, Javascript, ActionScript and XML), design, structure, general "look and feel" of Mycar.mu/Mycarculator or any search engine is owned or licensed to us and is protected by intellectual property rights laws.
  2. 12.2. Except as otherwise declared within these Terms of Use, no part of Mycar.mu may be copied, reproduced, republished, posted, uploaded or otherwise duplicated on any other computer, server or website for commercial enterprise, without our prior written consent.
  3. 12.3. In respect of any materials which you supply to us ("Materials"), you grant us a non-exclusive, irrevocable, perpetual and royalty free licence to use such Materials for any purpose. You confirm that neither you nor any other person will assert any moral rights in or relating to the Materials referred to above against us or any third party.
  4. 12.4. In particular, by giving us Materials, you grant us the right to display such Materials on such platforms that Mycar.mu may decide to appear, such as Facebook and/or on other online marketplaces, social media channels, blogs, in all types of marketing communications and on all other platforms for any purpose.

13. Termination and Suspension

  1. 13.1. We reserve the right to modify, suspend or discontinue any service offered by us or any part of it (including the availability of any features of or pages on our site) at any time and without notice or liability to you. We are also entitled to suspend or terminate your membership or access to any part of our site at any time if you breach these Terms of Use.

14. Limitation of Liability

  1. 14.1. Mycar.mu and all content on the website are provided to you on an “as is” “as available” basis without warranty of any kind either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Starting Gate makes no warranty as to the accuracy, completeness or reliability of any content available through the Website. You are responsible for verifying any information before relying on it. Use of the Website and the Content available on the Website is at your sole risk.
  2. 14.2. Starting Gate makes no representations or warranties that use of the website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you may obtain from the Website is free of viruses or other harmful code.
  3. 14.3. To the maximum extent permitted by applicable law, Starting Gate disclaims all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further disclaims all losses, including without limitation indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Website, the Content, or the goods/products and/or services offered or advertised through the Website(including but not limited to vehicle information and valuation), even if we have been advised of the possibility of such damages.
  4. 14.4. We are not liable in any way for failure, interruption, delay or any other matters of a similar nature whatsoever to Mycar.mu arising out of circumstances beyond our reasonable control including, but not limited to, fire, explosion, earthquake, flood, storm, riot, civil disturbance, strikes, lockouts and industrial disputes, war, nuclear accident, terrorist activity, failure of equipment or transmission (or other supply) difficulties, the act or order of any government department, lockdown, pandemic and acts of God.

15. Indemnity

  1. 15.1. You agree to indemnify us and keep us fully and effectively indemnified from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of our Website, the Content or any services offered by us, or arising from any breach or suspected breach of these Terms of Use by you or your violation of any law or third party rights.

16. Variation

  1. 16.1. We reserve the right to vary these Terms of Use from time to time. Such variations become effective immediately upon the posting of the varied Terms of Use on our Website. By continuing to use our site you will be deemed to accept such variations.
  2. 16.2. Please check our Website regularly to ensure you are familiar with the current version of the Terms of Use, Additional Terms and Privacy Policy. If you do not accept any of the modifications, revisions or amendments to these Terms of Use, you should stop using our site and the services offered by us immediately.

17. Severability

  1. 17.1. If any term of these Terms of Use is held to be invalid or unenforceable, the remainder of these Terms of Use shall remain valid and enforceable.

18. Entire Agreement

  1. 18.1. These Terms of Use, together with our Privacy Policy and any Additional Terms, constitute the entire agreement between you and us in relation to your use of our Website and supersede all previous agreements in respect of such use.
  2. 18.2. These Terms of Use will be governed by Mauritian law, and any disputes will be subject to the exclusive jurisdiction of the Mauritian courts.

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