Welcome to use the Internet-based services provided by Mascus via the website www.mascus.ca (below called "Internet Service"). By using and/or registering into the Internet Service you agree to comply with the terms set forth below. Therefore, we ask that you carefully review the terms. The general terms have been translated into other languages. In case of a discrepancy between the translated version and the Dutch version the Dutch version shall apply. The general terms of other parties than Mascus are hereby explicitly excluded.
1. General information on internet service
Internet Service is an Internet-based public marketplace for users in order to find, buy and sell heavy vehicles and machinery. The Internet Service presents an up to date selection of used vehicles and machinery from leading manufacturers and retailers. It is also possible for private sellers to place ads. Internet Service brings together buyers and sellers.
The purpose of the Internet Service is to publish advertisements of used vehicles and machinery on the Internet. Sales agreement regarding a used vehicle or a used machine offered for sale on the Internet Service (“Object”) is always drawn up and entered into between the seller and the buyer directly. Mascus is in no way involved in the transaction or the purchase contract. All details of the Object are provided by the seller. Mascus is not responsible for the information presented in the advertisement on the Internet Service.
The purpose of the advertisements published on the Internet Service is solely to inform. Although Mascus wishes that sellers who use the Internet Service are careful and act in good faith, Mascus cannot guarantee that the data supplied by sellers is free from errors. Before purchasing an Object that is advertised for sale on the Internet Service, the buyer is obliged to check with the seller all the details that may affect the buyer’s purchase decision. When buying a used item through Internet Service, the buyer should be as careful as if buying a similar item via an ad in a newspaper or otherwise.
If you decide to purchase a used vehicle or machine, to use financing or transportation service or any other product on the basis of data published in the Internet Service, your contracting partner is the seller of the product and not Mascus.
2. To register as a user of the Internet Service
If you want to register as a user on Mascus Internet Service, enter the user data requested and agree to comply with the terms and conditions which have been provided to you before registering as a user (through the hyperlink). Mascus stores the information you provided, which means you do not need to enter them again when you use the Internet Service the next time. Anyone who registers as a user of the service should be of minimum age of 18 years old.
By accepting the terms of the Internet Service, you certify that the information you have provided is correct and agree to without delay notify Mascus by e-mail if your details change. Mascus reserves the right to refuse registration without giving any reason. Mascus may terminate your user rights if the information provided is insufficient or incorrect or if you have neglected to notify changes. Mascus can also deny you the right to use the Internet Service and cancel your account if you act against the terms and conditions. Mascus has also at its disposal the means of legal protection which the law determines.
To use the Internet Service, you need a username and password that must be kept safe from access for unauthorized persons. As a user of the Internet Service, you must immediately notify Mascus by e-mail if a third party has gained access to your user name or password. Until the message is received, you are responsible for the use of the Internet Service with your username and password, although the use would be unauthorized by you.
Mascus respects the users' privacy and strive with commercially reasonable means to prevent inappropriate use of the personal data provided to the Internet Service.
Mascus may use and transfer customer information (such as name and e-mail addresses) to third parties unless the user in connection with registration expressly prohibited such a transfer. Data can be transferred to suppliers of accessories, supplementary products and financing services, or to other suppliers of used machinery and services in accordance with Mascus assessment. Data is transferred only within the framework of rights and obligations in the current legislation.
4. To publish an advertisement
An ad that you post or send to Mascus is interpreted as a request to have the advertisement published on the Internet Service. It is the seller's responsibility to specify in which category of the site each advertisement must be published; on Mascus website listings, on Mascus Plus (seller's own used machines listing on its own website) and/or the seller's own intranet/extranet service.
The user of the Internet Service is responsible for making sure that it has acquired necessary rights and permissions to the content produced by it to the Internet Service. The content produced by it should not infringe any intellectual property rights or other rights of any other person or entity and should not contain statements or material the publication of which may give rise to liability to damages or liability for Mascus. The user of the Internet Service shall fully compensate any and all damage to Mascus if the content does not comply with this provision.
If an advertisement for some reason is not suitable for publication, Mascus will contact the seller via email. Mascus reserves the right to remove the content immediately without further notice to the seller and to terminate the usage rights of a seller or buyer that, according to Mascus assessment, is using the Internet Service improperly or in a way contrary to good manners. The preconditions for publication of each advertisement are assessed separately.
An advertisement may only apply to one Object (used vehicle or a used machine).
It is the seller´s responsibility to ensure that the advertisement contains the correct product data that provides sufficient information about the Object, its condition and other factors that are important in view of a buyer in compliance with laws, government regulations and good merchant manners. You agree to comply with the information on price and warranty and other information you provide in your ad.
It is your responsibility to notify Mascus if the advertised Object has been sold, so your ad can be removed.
Mascus has the right to edit, classify, and copy all or part of the material you have entered into the Internet Service and use it freely in its business.
Mascus is not able to check whether the information supplied by the users is correct. Therefore, the informant is fully liable for any costs and damages incurred due to incorrect information given to Mascus. It is possible to suspend the publication of an advertisement at any time. Advertisement fee will not be charged if the advertisement is cancelled before it is published.
Due to Mascus intervals to index data and safety measures, the contents of paid advertisements are not immediately visible on the Mascus Internet Service. Indexing intervals can vary depending on server load. Ads from Mascus invoice customers are usually visible on the Internet within hours. To ensure the safety of our customers and visitors, private advertisements are checked for fraudulent, deceptive or unlawful content. This check can take up to 72 hours until the advertisements are visible on the Mascus Internet Service.
Mascus is required to return the advertisement fee if Mascus fails to publish an approved advertisement. The compensation for an unpublished advertisement is limited in all cases to the paid advertisement fee. Advertisement fee does not need to be returned if the advertisement has not been published because of factors beyond Mascus control or for reasons which Mascus could not reasonably foresee or prevent.
5. Charges and Billing
It's free to register as a user of the Internet Service, to read the ads, contact sellers and to publish inquiries.
The publication of individual ads on Internet Service is a chargeable service. The fees charged for the published advertisements are set according to the current price list. VAT will be added to all prices on Mascus price list where applicable.
Publication of an advertisement that is sent to the Internet Service is always conditional upon that the fee is paid for the advertisement. Advertisements are paid either by using online banking, giro, bank transfer or by credit card. On the Mascus start pages there are links to the online banking to be used for payment. No advertisement will be published before it is fully paid. Contract customers who market their used vehicles and machinery on a regular monthly basis, get invoices according to price list or customer agreement.
6. Information on advertised vehicles and machinery
Mascus wants to emphasize to the user that the data on the used vehicles and machines on the Internet Service comes from the sellers. The data on the Object´s estimated condition is based on a subjective assessment by the seller, and is the seller's own perception of the Object's condition.
The data on the used vehicle's/machine´s condition is thus not based on an evaluation conducted by an independent and neutral observer. Mascus is not responsible for the correctness of such information.
7. Intellectual Property Rights
The user acknowledges that all intellectual property rights with respect to the web sites, the domains, the sub domains, the design, the text, the content, the images, the logo, the trademark Mascus, the software and program material and other material contained in the Internet Service belongs to Mascus, with the exception of the content of the ads, and the user hereby explicitly waives any rights in respect of such intellectual property. Unless Mascus has explicitly given written permission, the users may not distribute, publish, reproduce, make available to the public or commercially or otherwise exploit the protected material.
8. Compensation for damages and limitation of liability
Mascus does not warrant that the Internet Service will operate error-free or that the Internet Service and its servers are free from computer viruses or other harmful mechanisms. Mascus cannot be held liable for any damage resulting from errors, computer viruses or other harmful mechanisms. If the use of the Internet Service results in the need for servicing or replacing equipment or data, Mascus is not responsible for these costs. Internet Service is delivered "as is" and Mascus is not responsible for any damages caused by the use of the Internet Service or the malfunction or failure of the Internet Service.
If there is an error caused by Mascus in the case of fee-based services, Mascus can choose either to correct the error or return the advertisement fee to the user. The amount of compensation is at most equal to the amount of the ad fee that the user has paid for Mascus for use of the Internet Service. Mascus is not responsible for damage caused by user or third party or damage that Mascus could not reasonably have foreseen.
On the Internet Service you will find links to Internet sites that are published by external service providers which are independent from Mascus. Although Mascus offers you links to these services, Mascus wants to point out that these services are provided by the relevant service providers and are to be used on terms determined by those suppliers. Mascus is not responsible in any way for the products or services of others.
The total liability of Mascus under this agreement shall in all cases be limited to EUR 500, except in cases where the damage has been caused by an intentional act or through gross negligence.
Mascus has the right, without notice, in whole or in part, remodel, remove, add or otherwise change the contents of the Internet Service, or its operating times, technical details or other content. Mascus has the right to temporarily suspend delivery of the Internet Service for maintenance or modification of the Internet Service and Mascus cannot be held liable for such suspension, maintenance or modification.
10. Amendment of conditions
The selection and design of the Internet Service is constantly evolving and therefore Mascus reserves the right to change the conditions of its services. At the time of log in the user shall be informed of the amended terms and conditions, or via e-mail. The amendments will become effective after log in or within 30 days after publishing of the amendments on the Internet Service (including through email). If you continue to use the Internet Service after the terms have been changed, you acknowledge that the new terms are binding on you even if you have registered as user prior to the new terms came into force.
If you believe that material in the Internet Service to any part is incorrect or faulty, please notify us by sending information to Mascus from the "feedback" link on the Internet Service´s front page. Please describe the error or defect in detail in the message.
12. Nullity of Terms
If any term of these general terms is considered to be invalid, void or unenforceable to any extent, all remaining terms shall remain in full force and effect.
13. Force majeure
A party is not liable for breach of contractual obligations due to obstacles that are beyond the party´s influence (e.g. strike, lockout, data communication disorder, fire, theft, water damage, sabotage, vandalism or any other such unexpected event), obstacles a party reasonably could not predict when concluding the agreement and the consequences which the party could not reasonably have prevented.
14. Validity of terms
These binding conditions will take effect when you accept them by using the Internet Service or by registering as a user on the Internet Service. The conditions are valid for an indefinite period. Mascus can always deny the user the right to use the Internet Service if the user violates these conditions, interferes with other users or usage of the service.
15 Early termination
Notwithstanding what is otherwise prescribed, either party may by notice cancel the agreement with immediate effect if:
a) Either party fundamentally breaches its responsibilities under this agreement and fails to remedy within 30 days after written request.
b) Either party suspends payments, offers instalment, goes bankrupt, becomes subject to seizure or other similar circumstance occurs that could reasonably be regarded as evidence of insolvency or liquidation.
Mascus has the right to use subcontractors in the provision of its services.
17. Settlement of disputes and applicable law
Dutch law shall apply to this agreement, excluding its choice of law provisions. Any dispute, controversy or claim arising out of or relating to this agreement, or the breach, termination or validity thereof, shall be finally settled by the Court of Amsterdam, the Netherlands.
18. Contact information
Mascus International BV
1017 HL Amsterdam
Registration Number: 57776806