1. Use of Mycarculator
- 2.1. To begin the valuation process, you will need to log on to Mycarculator and provide us with information about your vehicle and your contact details (the "Registration Process"). 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 email@example.com or 606 4112 | 606 4513 | 5757 2118.
- 2.3. Payment for Mycarculator 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.
- 2.4. 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 firstname.lastname@example.org 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.
- 2.5. We have the right to change our rates for any services offered by Mycarculator 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.
3. Mycarculator Valuation Tool
- 3.1. Mycarculator online valuation for used car values bases its pricing on data from a wide variety of sources, including dealer transactions, standard depreciation costs for automobiles, Mauritian car market data and consumer information. The appraised value is based on a number of factors, including year, make, model, trim, mileage, depreciation and features. All of these play a significant role in determining the value of your used vehicle (“Valuation Estimate”).
- 3.2. With both a history of car classified ads since 2014 on Mycar.mu and a daily flow new one, Mycarculator’s algorithm performs calculation of used car value up to ten (10) years – New car data since 2009, Pre-owned car data since 2016.
3.3. Any Valuation Estimate generated by the Mycarculator is based on the information you tell us about your car (the "Car") and on the following general assumptions we make about your Car (the "Assumptions"):
- a. it is road worthy;
- b. standard default mileage 21,000 km/year
- c. it has not ever been subject to an insurance write off or used for private hire, rental, driving tuition or as a police vehicle;
- d. there are no major mechanical faults with the car;
- e. it does not have a personalised registration plate, or, if the vehicle has a personalised registration plate it will remain with the Car and no value is assigned to it;
- f. it has no damage, including interior and mechanical;
- g. TVA included in car data
- h. Registration Fee excluded from car data
- i. Options or additional equipment excluded
- 3.4. Mycarculator online tool for used car values has five condition levels: outstanding, clean, average, poor and very poor. Most people who use the tool will likely choose one of just three: clean, average or poor. You might be tempted to choose a level to get more money for your used auto. This might not reflect the realistic value of your Car. You must be honest and objective about the state of your used Car.
- 3.5. Valuation Estimate are based on the information provided by you online and accordingly you must provide complete, truthful and accurate information for the valuation. We assume no responsibility for the accuracy of information and no responsibility for errors or omissions.
- 3.6. For the avoidance of doubt, no account is taken of the Car's condition or other matters not apparent from the mileage, registration number or Assumptions.
4. Use of Mycarculator
- 4.1. The valuation service is offered through a range of packages and the number of valuations you are allowed to perform depends on the package you choose to buy. You must perform the valuations within the validity period of your package and no refund is possible for unused package.
- 4.2. Mycarculator will guide you step by step to complete your online car valuation and receive an estimate value of your Car. You only have to insert the correct information of your car’s details in Mycarculator fields and fill out a few personal details to generate your car valuation report (“Car Valuation Report”).
- 4.3. Once you have settled the fee for using Mycarculator, an email will be sent to you along with your Car Valuation Report based on the details you provided. Email will be sent for first time users only and if you have purchased a package from Mycarculator you simply need to login to your account to receive your report and/or to carry out subsequent valuations.
- 4.4. The Valuation Estimate generated online by Mycarculator is based on the condition of your car as you have disclosed it. By using Mycarculator you agree to provide inputs which reflect a fair and objective assessment of the condition of your car. For avoidance of doubt, we never carry a physical inspection of your car before the Valuation Report is issued. The Company can in no way be held responsible for an error that would result from the transmission of elements or incorrect information by the Client during the use of Mycarculator.
- 4.5. The indicative pricing generated by Mycarculator excludes registration duties, any applicable taxes or insurance cost.
- 4.6. Mycarculator cannot take into account the aesthetic and mechanical conditions of the vehicle, hence such conditions may increase or decrease the value of your car.
- 4.7. Car buyers can also use our valuation tool to get a handy guide price as well, giving you an idea of how much you should pay for a car. You could also save money by using our valuation to negotiate a better deal.
- 4.8. If you are selling your Car, a potential buyer will normally make a physical inspection of your Car. It may occur that the inspection reveals certain aspects which differs from your description or online assessment of your vehicle's condition, the buyer may thus renegotiate the price, which may mean decreasing the price. Buyers are acting on their own behalf and we expressly disclaim any liability resulting from an adjustment of the price. Valuations are guides only and we do not warrant that you will be able to sell or buy a vehicle for the valuation received.
4.9. The Mycarculator Valuation Estimate do not relate to, contain information on or purport to comment on:
- the physical condition of any vehicle;
- the roadworthiness or safety of any vehicle;
- whether a vehicle or any of its components have been altered or replaced; or
- whether any vehicle is a “clone” bearing a false vehicle registration mark and vehicle identification number.
- 4.10. Accordingly, in addition to all other aspects, a buyer using the Valuation Estimate must satisfy himself/herself in respect of the above-mentioned aspects in section 4.9 of any car(s) he/she intend to or in fact purchase.
- 4.11. Mycarculator is proposed to you as a tool to assist you in obtaining an estimate value for your car. The final decision as to the selling price of your car will always rest with you and we do not make any warranties or representations in respect of any information, valuation report or statement generated by the online valuation engine. You acknowledge that the value generated by Mycarculator is an indicative pricing and is provided to you for information only. By using Mycarculator you acknowledge and agree that we shall not be responsible or liable in any way for any claims, damages, losses, expenses, costs or liabilities whatsoever (including, without limitation, any direct or indirect damages for loss of profits) resulting or arising directly or indirectly from your use of or from your reliance on the valuation report/indicative pricing, even if we have been advised of the possibility of such damages in advance.
- 4.12. Client acknowledges that we are under no contractual obligation to supply information or copies of the Car Valuation Report to a third party.
4.13. Client acknowledges and agree that the Company has no control over subsequent use of the Valuation Report. Clients are thus made aware that Mycarculator’s Valuation Report are issued on an as-is basis and we disclaim all responsibility in respect to its future use or reliance namely but not limited to the following circumstances:
- Valuation Estimate/Report is used for insurance cover to be arranged. You are advised to liaise with your insurer for accurate valuation.
- Valuation Estimate/Report is used to confirm a vehicle’s value at the time of an accident, to assist in the repair-versus-cash settlement decision. Insurer’s valuer may adopt a different methodology for valuation thus leading to lower/higher value.
- Valuation Estimate/Report is used to confirm a vehicle’s value at the time of an accident, to assist in insurance claim.
- Valuation Estimate/Report is used to advertise sale of your Car by any means/channel.
- 4.14. The Car Valuation Report/ Valuation Estimate is also inclusive of information provided by third parties/based on the information provided by the Client. The Company is not responsible for the information provided by the Client nor for the information provided by third parties and you should not rely on the information in the Car Valuation Report/ Valuation Estimate without making your own independent assessment of a vehicle. The Company is not liable for any loss or damages (other than in respect of any liability which may not lawfully be excluded) relating to your use of, or guarantee or make any representations regarding the use of, or reliance on, the Car Valuation Report/ Valuation Estimate.
5. Valuation Report Exclusions
- 5.1. The Valuation Estimate generated online by Mycarculator is based on the condition of your car as you have disclosed it and the Assumptions.
- 5.2. The condition of a vehicle can change due to factors such as normal wear and tear, driver abuse, neglect, collision damage or unforeseen deterioration of some internal components. The Car Valuation Report cannot factor in these factors.
- 5.3. The Valuation Estimate is not/never based on the external physical examination of components. Factors as noise, operation and performance on the road can impact the market value of your Car.
- 5.4. No compression test/mechanical test of whatever nature is performed.
- 5.5. No road test is performed. Thus, the Valuation Estimate does not take into account whether the Car is in roadworthy condition and conforms to all legal requirements.
- 5.6. We do not carry out a visual and operating inspection or check the general state of the vehicle. The Car Valuation Report will not tell you about hidden defects, intermittent problems, problems which can only be identified on a visual inspection or where parts of the vehicle are dismantled.
- 5.7. We will not be responsible for any defects or problems with the vehicle/ use of the Car Valuation Report generated by Mycarculator as there types of defects or problems which are not identified or identifiable by an online valuation tool.
- 5.8. The Car Valuation Report does not contain information about the registration, liens or finance secured over the vehicle, or ownership of the vehicle. You must check these for yourself prior to purchase.
6. Conditions Use of the Car Valuation Report
- 6.1. The Client has the right to use, under the Term of Use, the Valuation Estimate/ Car Valuation Report, extracted or provided to the Client under its sole responsibility. We shall not be responsible or liable in any way for any claims, damages, losses, expenses, costs or liabilities whatsoever (including, without limitation, any direct or indirect damages for loss of profits) resulting or arising directly or indirectly from your use of or from your reliance on the Valuation Estimate/ Report/indicative pricing, even if we have been advised of the possibility of such damages in advance.
- 6.2. The Valuation Estimate is exclusively for personal and non-commercial use.
6.3. Unless prior written permission of the Company in the context of a special agreement, the rights of use granted to the Client for the use of the Valuation Estimate consulted, extracted or provided to the Client carry the express prohibition for the Client to:
- a. copy, reproduce, use, market, and more generally exploit, in whole or in part, the Valuation Report by any means and in any form, for purposes other than those set out in clause of the Term of Use;
- b. to transmit, communicate, concede to any third party all or part of the Valuation Report, whether for a consideration or free of charge, for commercial or non-commercial purposes;
- c. to add to all or part of the Valuation Estimate any element or any database whose effect would be to distort them;
- d. to collect the Valuation report with a view to creating, comparing or enriching databases or software tools (belonging to him or to any third party);
- 6.4. The rights of use are personal to the Client, non-exclusive and non-transferable.
- 6.5. In case of non-compliant use, breach, misrepresentation or violation by the Client of any of the provisions of the Term of Use, the Company reserves the right to engage the responsibility of the Client, without prejudice, a suspension without notice, of his/her Mycarculator account and access to Mycarculator.
7. Prohibited Uses
- 7.1. You may use Mycarculator only for lawful purposes.
7.2. You may not use Mycarculator:
- a. in any way that breaches any applicable local, national or international law or regulation;
- b. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- c. for the purpose of harming or attempting to harm anyone in any way;
- d. 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;
- e. for any action which would interfere with or disrupt Mycarculator or servers or networks connected to Mycarculator;
- f. 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 Mycarculator;
- g. for use of automated means, including spiders, scraper, robots, crawlers, or the like to download data from Mycarculator.
8. Personal Data
9. Third Party Links and Resources on Mycarculator
- 9.1. Mycarculator 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.
- 9.2. Mycarculator may contain adverts of products and/or services offered by third parties and is provided to enrich the Content of Mycarculator. 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, the Company cannot be held liable in anyway whatsoever in relation to the offers and the transactions that might result between you and the third parties.
10. Linking to Mycarculator
- 10.1. Prior written agreement of the Company is required to authorize you to include a link to Mycarculator. 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.
11. Intellectual Property Rights
- 11.3. 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.
- 11.4. The estimated values, data and information consulted, extracted or provided to the Client in the context of the use of Mycarculator remain the exclusive intellectual property of the Company, in accordance with the provisions of the Intellectual Property Law.
- 11.5. The use of Mycarculator does not entail any transfer to the Client of any intellectual property right or right of another nature on the Valuation Estimate/Report, or on any element composing them.
- 11.7. The Company has a right to use the data provided and obtained by the Client in the context of the use of Mycarculator.
12. Termination and Suspension
13. Limitation of Liability
- 13.1. The Car Valuation Report/ Valuation Estimate and all content on Mycarculator 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. The Company makes no warranty as to the accuracy, completeness or reliability of any content available through the Mycarculator. You are responsible for verifying any information before relying on it. Use of Mycarculator and the Car Valuation Report/ Valuation Estimate is at your sole risk.
- 13.2. The Company makes no representations or warranties that use of the website/Mycarculator will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you may obtain from Mycarculator is free of viruses or other harmful code.
- 13.3. To the maximum extent permitted by applicable law, the Company 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 Mycarculator/the Car Valuation Report/ Valuation Estimate, the Content, or the goods/products and/or services offered or advertised through Mycarculator, even if we have been advised of the possibility of such damages.
- 13.4. We are not liable in any way for failure, interruption, delay or any other matters of a similar nature whatsoever to Mycarculator 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.
- 13.5. The total liability (all causes, all claims and all damages combined) of the Company hereunder is limited to the amount, if any, actually paid by you for access to and use of Mycarculator/the paid services or other subscription or membership-based. You hereby release the Company from any and all obligations, liabilities and claims in excess of this limitation.
- 13.6. We accept no liability whatsoever for any Valuation provided which may include any unintentional/typographical mistakes or errors on our part or by any systems failure. If a mistake has been made, please notify us as soon as possible so that the mistake can be corrected and (where necessary) a revised Car Valuation Report provided.
14. Indemnity and Release
- 14.2. When you use Mycarculator/Valuation Estimate/Car Valuation Report, you are agreeing to indemnify the Company, its owners, shareholders, subsidiaries, affiliates, officers, employees, partners, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of Mycarculator/Valuation Estimate/Car Valuation Report.
- 14.3. By using Mycarculator/Valuation Estimate/Car Valuation Report you are agreeing to release the Company and its owners, shareholders, subsidiaries, affiliates, officers, employees, partners, and licensors from any and all claims, fees, costs, damages and obligations of any kind whatsoever that you may have against them arising out of or in any way related to such claims or obligations and to any disputes regarding use of Mycarculator/Valuation Estimate/Valuation Report.
- 14.4. By accepting the Valuation Estimate/Car Valuation Report, the Client acknowledges that the Company and/or all parties relative to the compilation of the Valuation Estimate/Car Valuation Report, cannot be held responsible for any and all alleged vehicle defects, and further, the Client releases and holds harmless the Company and/or all parties relative to the compilation of the Valuation Estimate/Car Valuation Report from any and all further claims on the Car/vehicle. No warranty for the Car/ vehicle is implied or given by the Company and/or all parties relative to the compilation of the Valuation Estimate/Car Valuation Report. In each case, a consumer has the opportunity to see the car in person before he or she buys the car. Buying this car based on the Valuation Estimate/Car Valuation Report alone is completely at the consumers' own risk.
17. Entire Agreement