Terms & Conditions

01 Scope of these Terms

These Terms govern all marketplace and auction activities conducted through the Platform, including but not limited to:

• Buyer and Seller memberships;
• Vehicle listings;
• Online auctions;
• Marketplace listings;
• Bidding activities;
• Purchases and sales;
• Fees, commissions, and other applicable charges;
• Transfers of ownership; and
• The rights, responsibilities, and obligations of Buyers, Sellers, and CayMark in connection with transactions conducted through the Platform.

Where a conflict exists between these Terms and the Terms of Use, these Terms shall prevail only with respect to transactions and services governed herein.

02 Memberships and Account Types

Access to certain features and services offered through the Platform may require the purchase or activation of a Buyer or Seller membership. Membership eligibility, pricing, benefits, limitations, and requirements are determined solely by CayMark and may vary depending on the membership selected or any promotional activities offered.

Each membership is personal to the registered account holder and may not be transferred, assigned, shared, or resold without the prior written consent of CayMark.

Memberships grant access only to the features and services expressly included within the selected membership plan. The purchase of a membership does not guarantee the ability to purchase a vehicle, successfully sell a vehicle, win an auction, or complete any transaction through the Platform.

CayMark reserves the right to modify, suspend, discontinue, or introduce membership plans, pricing, features, benefits, eligibility requirements, or limitations at any time. Any such changes shall apply prospectively and shall not affect transactions already completed unless otherwise required by law.

Users are responsible for selecting the membership that best suits their intended use of the Platform. It is the responsibility of each user to ensure that their membership remains active and in good standing where continued membership is required to access specific services.

03 Buyer Eligibility and Responsibilities

By participating as a Buyer on the Platform, you represent and warrant that you satisfy all eligibility requirements established by CayMark and applicable law.

Buyers are responsible for conducting their own independent review of any vehicle before placing a bid or completing a purchase. Any information, photographs, vehicle descriptions, ownership documents, inspection reports, or other materials made available through the Platform are provided for informational purposes only and should not be interpreted as a guarantee or warranty by CayMark.

By placing a bid or purchasing a vehicle, the Buyer acknowledges that they have had an adequate opportunity to review the information made available and accept full responsibility for their purchasing decision.

Buyers are solely responsible for complying with all legal requirements applicable to the purchase, registration, licensing, insurance, transportation, export, import, taxation, and operation of any vehicle acquired through the Platform.

04 Seller Eligibility and Responsibilities

By listing a vehicle through the Platform, the Seller represents and warrants that they possess the legal authority to advertise and sell the vehicle.

The Seller is solely responsible for ensuring that all listings, photographs, descriptions, specifications, ownership documentation, and other information submitted to CayMark are accurate, complete, current, and not misleading.

Sellers remain solely responsible for complying with all applicable laws relating to vehicle ownership, title transfer, taxation, registration, liens, disclosures, and the lawful sale of vehicles.

CayMark may review listings for compliance with these Terms and applicable policies; however, such review does not constitute verification of ownership, vehicle condition, title status, mileage, mechanical condition, legality, or any other representation regarding the vehicle.

Nothing in these Terms shall relieve a Seller of any legal obligation owed to a Buyer or any governmental authority.

05 Vehicle Listings

All vehicle listings submitted through the Platform remain subject to review and approval by CayMark before publication.

CayMark reserves the right, in its sole discretion, to reject, suspend, edit for formatting or administrative purposes, remove, or decline to publish any listing that violates these Terms, applicable law, or any CayMark policy, or where CayMark reasonably believes publication may expose the Platform or its users to legal, operational, or reputational risk.

The publication of a listing by CayMark shall not be interpreted as an endorsement, certification, guarantee, or representation regarding the vehicle, the Seller, or the information contained within the listing.

Sellers acknowledge that CayMark retains discretion over the presentation, categorization, formatting, and placement of listings published on the Platform.

06 Auctions

Where a vehicle is offered through an auction listing, participation is subject to these Terms, the applicable listing details, and any auction-specific rules published by CayMark.

An auction begins and ends on the dates and times displayed within the listing. Bids submitted after the published closing time will not be accepted unless the auction has been automatically extended in accordance with CayMark's auction procedures.

Submitting a bid constitutes a binding offer to purchase the vehicle at the amount bid, subject to these Terms and any reserve price or conditions applicable to the listing. Users should carefully review all available information before placing a bid, as bids may not be withdrawn except where expressly permitted by CayMark.

CayMark reserves the right to suspend, extend, postpone, cancel, or relist any auction where necessary to protect the integrity of the Platform, resolve technical issues, investigate suspected misconduct, comply with legal requirements, or for any other reason considered appropriate by CayMark.

07 Bidding

Only eligible users with an active Buyer membership may participate in auctions.

By placing a bid, you represent and warrant that you have the legal capacity and financial ability to complete the purchase should your bid become the winning bid. Buyers are required to maintain a security deposit on file, which unlocks bidding power in proportion to the deposited amount and is fully refundable if unused.

Users are solely responsible for monitoring the progress of auctions in which they participate. CayMark is not responsible for missed bids, internet interruptions, device failures, software malfunctions, or other circumstances that prevent a user from submitting or increasing a bid before an auction closes.

Any attempt to manipulate bidding activity, artificially inflate prices, suppress bidding, collude with other users, or otherwise interfere with the fairness of an auction constitutes a material breach of these Terms and may result in immediate account suspension or termination.

08 Winning an Auction

A winning bid represents the highest valid bid submitted at the close of an auction, subject to any applicable reserve price or other conditions stated within the listing.

Where a reserve price has not been met, the Seller may elect to accept, reject, or negotiate the highest bid where permitted by the Platform.

Upon confirmation that an auction has been successfully completed, the winning Buyer is expected to proceed with the transaction in accordance with these Terms and any instructions provided by CayMark.

Failure to complete a purchase after submitting a winning bid may result in cancellation of the transaction, suspension of account privileges, forfeiture of applicable fees, or any other action permitted under these Terms.

09 Marketplace Purchases

Vehicles listed as Marketplace or "Buy Now" listings may be purchased immediately at the advertised purchase price, subject to availability.

Submitting a purchase request for a Marketplace listing constitutes an offer to purchase the vehicle in accordance with these Terms.

CayMark reserves the right to decline, suspend, or cancel any Marketplace transaction where the listing becomes unavailable, inaccurate information is identified, fraud is suspected, payment requirements are not satisfied, or completion of the transaction is otherwise not reasonably possible.

10 Payments

All payments relating to memberships, listing fees, commissions, or other services provided by CayMark shall be made using the payment methods approved by CayMark at the time of the transaction.

Buyers and Sellers acknowledge that additional fees, taxes, government charges, registration costs, licensing fees, insurance costs, transportation expenses, or other charges may apply depending on the nature of the transaction.

Failure to make payment when due may result in cancellation of the transaction, suspension of account privileges, assessment of additional fees where permitted, or any other remedy available to CayMark under these Terms or applicable law.

11 Fees and Commissions

Certain services offered through the Platform are subject to fees, commissions, membership charges, or other applicable costs.

By using fee-based services, you agree to pay all applicable charges associated with your selected membership, listing, purchase, sale, or other transaction.

CayMark reserves the right to revise its pricing, membership fees, commissions, or other charges at any time. Revised pricing shall apply prospectively and shall not affect transactions already completed unless otherwise stated.

All applicable fees are non-refundable except where expressly required by law or otherwise determined by CayMark in its sole discretion.

12 Transfer of Ownership

The Buyer and Seller are solely responsible for completing the lawful transfer of ownership following the completion of a transaction.

Each party is responsible for ensuring that all documentation required for the transfer of ownership is accurate, complete, properly executed, and submitted to the appropriate governmental authorities where required.

Unless expressly agreed otherwise, CayMark assumes no responsibility for preparing, filing, recording, or verifying ownership transfer documents and shall not be liable for any delay, defect, or failure relating to the transfer of ownership between the parties.

13 Transaction Compliance

The integrity of the CayMark platform depends upon all parties honoring the commitments made through the Platform.

Once a Marketplace purchase has been confirmed or an auction has concluded with a winning bid that results in a completed sale, the parties are expected to proceed with the transaction in accordance with these Terms and Conditions.

Prior to the completion of a sale, Sellers may remove a listing from the Platform in accordance with CayMark's procedures. However, once a binding transaction has been established through the Platform, neither party should unreasonably refuse or fail to complete the transaction without lawful justification.

Where a party fails to fulfil its obligations relating to a completed transaction, CayMark reserves the right to investigate the circumstances and, where appropriate, issue warnings, suspend or restrict account privileges, terminate memberships, remove access to certain services, or take any other action reasonably necessary to protect the integrity of the Platform and its users.

Nothing contained in this section limits any legal rights or remedies that may exist between the parties arising from a completed transaction.

14 Tow and Transportation Providers

CayMark may provide information regarding independent towing, transportation, shipping, or vehicle delivery providers for the convenience of users.

Unless expressly stated otherwise, all such providers operate independently of CayMark. Any agreement for towing, transportation, storage, shipping, or delivery is entered into directly between the user and the service provider.

CayMark does not own, employ, supervise, manage, or control any third-party transportation provider and makes no representation or warranty regarding the quality, availability, pricing, timeliness, or suitability of their services.

Accordingly, CayMark shall not be responsible or liable for any delay, damage, loss, theft, storage fees, transportation costs, personal injury, property damage, or other claim arising from services provided by an independent transportation provider.

15 Disputes Relating to Transactions

Transactions conducted through the Platform are entered into directly between the participating parties.

Accordingly, any dispute relating to vehicle condition, title, ownership, documentation, payment, collection, transportation, registration, representations, or any other aspect of a transaction remains the responsibility of those parties.

Although CayMark may, in its sole discretion, review information submitted by the parties or assist in facilitating communication, CayMark is under no obligation to investigate, mediate, arbitrate, or resolve disputes arising from transactions conducted through the Platform. ALL PURCHASES AND SALES WILL BE TREATED AS FINAL.

Nothing contained in these Terms and Conditions shall require CayMark to determine liability, interpret contractual obligations between users, or provide legal advice.

16 Compliance and Enforcement

To preserve the security, fairness, and integrity of the Platform, CayMark reserves the right to investigate any activity that it reasonably believes may violate these Terms and Conditions, the Terms of Use, applicable law, or any policy published by CayMark.

During the course of an investigation, CayMark may request additional information, documentation, or clarification from any account holder. Failure to provide reasonably requested information may result in the temporary suspension or restriction of services until the matter has been resolved.

Where CayMark reasonably determines that these Terms have been violated, it may, without limiting any other rights or remedies available to it, issue warnings, remove listings, suspend transactions, restrict account privileges, terminate memberships, permanently close accounts, report suspected unlawful activity to the appropriate authorities, or take any other action considered necessary to protect the Platform, its users, or CayMark's legitimate business interests.

The exercise of any right or remedy by CayMark under these Terms shall not prevent the exercise of any other right or remedy available under applicable law.

18 Communications, Collection and Transfer

The Platform may provide messaging and notification features to facilitate communication between parties before, during, and after a transaction. These features are provided solely as a convenience and should be used only for legitimate transaction-related communications.

Users are expected to communicate respectfully, honestly, and in good faith. The use of the Platform's messaging features for unsolicited advertising, spam, harassment, fraudulent activity, or any purpose unrelated to a legitimate transaction is strictly prohibited.

Following the completion of a transaction, the parties are solely responsible for coordinating vehicle collection, arranging transportation where required, and completing the transfer of ownership. Unless otherwise agreed between the parties, the purchaser is responsible for arranging collection of the vehicle within a reasonable period, and the seller is responsible for providing the documentation reasonably required to complete the transfer of ownership.

CayMark does not supervise or participate in the physical exchange of vehicles, the transfer of ownership documents, or arrangements relating to transportation, storage, or delivery. While the Platform may facilitate communication between the parties, CayMark does not guarantee the delivery or preservation of messages and shall not be responsible for delays, failed communications, missed collection arrangements, or disputes arising from communications conducted through or outside the Platform.

19 Amendments

CayMark reserves the right to amend, revise, or update these Terms and Conditions at any time to reflect changes to the Platform, its services, business operations, legal requirements, or industry practices.

Any amendments shall become effective upon publication on the Platform unless a later effective date is expressly stated. Continued participation in Marketplace listings, auctions, memberships, or other services following the effective date of any amendment constitutes acceptance of the revised Terms and Conditions.

20 Contact Information

Questions regarding these Terms and Conditions may be directed to:

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