Terms and Conditions

Automart.PH Auction Site

Introduction

This User Agreement, the User Privacy Notice, the Mobile Devices Terms and all policies posted on our sites set out the terms on which QMarketz offers you access to and use of our sites, services, applications and tools (collectively "Services"). You can find an overview of our policies here. All policies are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services.

Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below).

 

About QMarketz and Automart.PH

QMarketz is a corporation duly registered with the Securities and Exchange Commission in the Republic of the Philippines. Its head office is located in Xavierville, Quezon City. Qmarketz owns a website and trade name called Automart.Ph (http://automart.ph), whose primary business is the sale and auction of items online.


Automart.Ph is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations, but is currently primarily focused on vehicles in the Philippines. QMarketz does not have possession of anything listed or sold through Automart.Ph, and is not involved in the transaction between buyers and sellers. The actual contract for sale is directly between the sellers and buyers. QMarketz is not a traditional auctioneer.

While we may provide pricing, shipping, listing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. While Qmarketz takes steps to help ensure accuracy in information provided, such as car inspection, ad and listing review, as well as communication with both buyers and sellers, QMarketz does not guarantee users' listings or content to be fully accurate. Ultimately, it is the Users and Buyers who will be transacting with each other, with Qmarketz only acting as a platform.

Using QMarketz
In connection with using or accessing the Services, you will not:

  • post, list or upload content or items in inappropriate categories or areas on our sites;

  • breach or circumvent any laws, third party rights, or our systems, policies, or determinations of your account status;

  • sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;

  • use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;

  • fail to pay for items purchased by you, unless you have a valid reason as set out in an QMarketz policy, for example, the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller;

  • fail to deliver items sold by you, unless you have a valid reason as set out in an QMarketz policy, for example, the buyer fails to follow the posted terms or you cannot contact the buyer;

  • manipulate the price of any item or interfere with other user's listings;

  • post false, inaccurate, misleading, defamatory, or libellous content;

  • take any action that may undermine the feedback or ratings systems (see our All About Feedback policy);

  • transfer your QMarketz account (including Feedback) and User ID to another party without our consent;

  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

  • distribute viruses or any other technologies that may harm QMarketz, or the interests or property of users;

  • use any robot, spider, scraper or other automated means to access our Services for any purpose;

  • bypass our robot exclusion headers, interfere or attempt to interfere with the working of our Services, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

  • export or re-export any QMarketz application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;

  • copy, modify, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from, content that belongs to or is licensed to QMarketz, or that comes from the sites or Services and belongs to another QMarketz user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of QMarketz and/or any other party holding the right to license such use;

  • commercialize any QMarketz application or any information or software associated with such application;

  • harvest or otherwise collect information about users without their consent; or

  • circumvent any technical measures we use to provide the Services.

  • If we believe you are abusing QMarketz in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status

  • associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

 

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.


Policy Enforcement

When a buyer or seller issue arises we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.

Fees
Joining QMarketz and bidding on listed items is free. The fees we charge for using other Services are listed on our Fees schedule page. We may change our seller fees from time to time by posting the changes on the QMarketz site 14 days in advance, but advance notice is not required for temporary promotions.

Unless otherwise stated, all fees are quoted in Philippine Pesos.

You must pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect fees owed by charging other payment methods on file with us, retaining collection agencies and legal counsel. In addition, you may be subject to late fees. QMarketz, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report.

Listing Conditions

  • When listing an item, you agree to comply with Rules for Listing, Rules and Policies for Selling Items on QMarketz and Selling Practices Policy and that:

 

  • you are responsible for the accuracy, content and legality of the listing and item offered;

  • your listing may not be immediately searchable by keyword or category for

several hours (or up to 24 hours in some circumstances). QMarketz does not guarantee exact listing durations;

  • content that violates any of QMarketz's policies may be deleted at QMarketz's discretion;

We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:

  • buyer's location, search query, browsing site, and history;

  • item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;

  • seller's history, including listing practices, Detailed Seller Ratings, QMarketz policy compliance, Feedback, and defect rate; and

  • number of listings matching the buyer's query;

  • Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.

  • some advanced listing upgrades will only be visible on certain Services.

QMarketz's Duplicate Listing Policy may also affect whether your listing appears in search results.

Purchase Conditions
When buying an item, you agree to the Rules for Buyers and that:

  • you are responsible for reading the full item listing before making a bid or commitment to buy.

  • you enter into a legally binding contract to purchase an item when you commit to buy an item or if you have the winning bid, or your bid is otherwise accepted;

  • we do not transfer legal ownership of items from the seller to the buyer; and

Content
When providing us with content or causing content to be posted using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content and to exercise any and all copyright, publicity, trademarks, database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property rights against us, our sublicensees, or our assignees.

You represent and warrant that none of the following infringe any third parties' rights, or the rights mentioned in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with this User Agreement.

We may offer, license or otherwise make available to you catalogs including stock images, descriptions and product specifications that are provided by third-parties (including users). You may use catalog content solely in connection with your QMarketz listings. That permission is subject to modification or revocation at any time at QMarketz’s sole discretion.

While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies in the catalogs. If you choose to include catalog content in your listings, you will be responsible for ensuring that your listings are accurate and do not include misleading information, and comply with this User Agreement and all QMarketz policies. The catalogs may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogs or create any derivative works based on catalog content (other than by including them in your listings).

Holds
To protect QMarketz from risk of liability for your actions as a buyer, we require a fully-refundable deposit, which we may cancel if you fail to finalize an auction which you have won, whether through regular bidding or through buy-now bidding.


Privacy of Others; Marketing
If QMarketz provides you with information about another user you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in QMarketz's applications may not occur in real time. Such functionality is subject to delays beyond QMarketz's control.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, loss of profits, intangible losses, special, direct, indirect, incidental or consequential damages or losses) resulting directly or indirectly from:

  • your use of, or your inability to use, our sites, services, applications or tools;

  • pricing, shipping or other guidance provided by QMarketz;

  • delays or disruptions in our Services;

  • viruses or other malicious software obtained by accessing, or linking to, our Services;

  • glitches, bugs, errors, or inaccuracies of any kind in our Services;

  • damage to your hardware device from the use of any QMarketz Service;

  • the content, actions or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;

  • a suspension or other action taken with respect to your account or breach of the Using QMarketz Section above;

  • the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or

  • your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

 

You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.

Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the Internet is difficult. QMarketz cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount of fees in dispute, not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) PHP 10,000.

Release
If you have a dispute with one or more users, you release us (and 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 favour at the time of agreeing to this release.

Indemnity
You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of QMarketz’s Services or your breach of any law or the rights of a third party.

Legal Disputes
If a dispute arises between you and QMarketz, we strongly encourage you to first contact us directly to seek a resolution. Failing resolution through Customer Support, we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed by and construed in all respects by the laws of the Philippines. You and QMarketz both agree to submit to the non-exclusive jurisdiction of the Philippine Courts, specifically Quezon City.

General
Except as otherwise provided in this Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

In our sole discretion, we may assign this User Agreement, by providing notice of such assignment in accordance with the Notices Section.

Headings are for reference purposes only and do not limit the scope or extent of such section.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

We may amend this Agreement at any time by posting the amended terms on this site. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you with 30 days’ notice by posting the amended terms. Additionally, we will notify you through the QMarketz Message Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an QMarketz representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the QMarketz site.

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity.

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement.

The User Agreement, the User Privacy Notice, and all policies set forth the entire understanding and agreement between you and QMarketz and supersede all prior understandings and agreements of the parties.

The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability, Release, Indemnity and Legal Disputes.

Buyer Fees Schedule Page

Below are the applicable deposits and fees for the buyer.

Refundable Biddder's Deposit - 5,000

To prevent bidding abuse, all bidders must deposit before they are allowed to bid. This is not technically a fee, as it is refundable, or may be used towards the purchase of the vehicle. Refunds for non-winning, non-active bidders shall be processed. Details are in the Deposit section of the website.

Membership fee - Free

We don’t charge for registration or bidding

Bidding Fee - Free

We don’t charge for registration or bidding

Buyer’s Premium - Free

This is the fee you pay only when you win the auction; however, we are currently not enforcing this

These are subject to change at Qmarketz’s sole discretion provided that Qmarketz gives adequate notice to its buyers and changes this page.

 

Listing Conditions

When listing an item, you agree to comply to QMarketz’s rules for listing and that:

  • You are responsible for the accuracy and content of the listing and item offered

  • Your listing may not be immediately searchable by keyword or category for several hours

  • When you use the consumer seller listing tool, your listings may renew automatically, based on the listing terms at that time, until listing is sold out or you cancel the listing

  • Content that violates any of QMarketz and/or Automart.PH's policies may be modified or deleted at QMarketz's discretion

  • We may revise product data in listings to correct or remove information

  • We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors. QMarketz shall have exclusive discretion in how the listing will appear

  • To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer

Purchase Conditions

When buying an item, you agree to Qmarketz’s rules for buyers and that:

  • You are responsible for reading the full item listing before making a bid or commitment to buy

  • You enter into a legally binding contract to purchase an item when you commit to buy an item or bid for an item and where you are the winning bidder.

  • We do not transfer legal ownership of items from the seller to the buyer; the seller and buyer shall finalize and perfect the transaction. In this case, Qmarketz is merely a platform where buyer and seller are able to connect.

Content
When providing content using the Services (directly or indirectly), you grant us a non-exclusive, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against QMarketz, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of the Services.

You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this Terms of use. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. QMarketz takes no responsibility and assumes no liability for any content provided by you or any third party.

We offer product data (including images, descriptions and specifications) that are provided by third parties (including Automart.PH users). You may use that content solely in your Automart.PH listings. QMarketz may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).

We try to offer reliable product data, but cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that QMarketz is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies. As a seller, you agree to ensure that content directly associated with your listings is accurate.

The name "QMarketz" and “Automart.PH” and other QMarketz marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of QMarketz. They may not be used without the express written prior permission of QMarketz.