Article 1 — Purpose
These Terms of Use (hereinafter "ToU") govern access to and use of the website www.caroga.be (hereinafter "the Platform"), published by Caroga. The Platform is an online automotive marketplace enabling professional and private sellers to publish used vehicle advertisements, and buyers to browse these listings and contact sellers.
Accessing and using the Platform implies full acceptance of these ToU. If you do not accept these terms, please do not use the Platform.
Article 2 — Definitions
• "Platform": the website www.caroga.be and its associated applications.
• "User": any person accessing the Platform, whether registered or not.
• "Professional Seller": any vehicle dealer holding a Belgian or European business number, registered on the Platform with a professional account.
• "Private Seller": any natural person registered on the Platform to sell a vehicle privately.
• "Buyer": any person viewing the advertisements published on the Platform.
• "Advertisement": any vehicle sale offer published on the Platform by a Seller.
Article 3 — Registration and user account
Registration on the Platform is free. It requires providing accurate and up-to-date information, including a valid email address, a phone number, and, for professionals, a VAT number. The User is responsible for the confidentiality of their login credentials and for all activity carried out through their account.
Caroga reserves the right to suspend or delete any account in case of violation of these ToU, fraudulent behaviour, or publication of non-compliant advertisements. If an account is deleted for legitimate reasons, the User concerned may not re-register without prior authorisation from Caroga.
Article 4 — Publication of advertisements
The Seller undertakes to publish accurate, complete and truthful advertisements. Each advertisement must relate to a vehicle owned by the Seller or which the Seller is duly authorised to sell. Photos must depict the actual vehicle offered for sale.
Advertisements containing misleading information, unlawful, discriminatory, defamatory content, or content infringing the rights of third parties are prohibited. Caroga reserves the right to moderate, modify or remove any advertisement not complying with these rules, without prior notice or compensation.
Article 5 — Role of the Platform
Caroga acts solely as a technical intermediary connecting Sellers and Buyers. Caroga is not a party to any transaction between Sellers and Buyers and cannot be held liable for disputes arising between them, including those relating to the condition of the vehicle, the price, delivery or payment.
Caroga does not guarantee the accuracy, completeness or reliability of the information published by Sellers. It is the Buyer's responsibility to verify the information and the condition of the vehicle before any transaction.
Article 6 — Intellectual property
All elements of the Platform (design, text, logos, database, software) are protected by intellectual property law. Any unauthorised reproduction, representation or extraction is prohibited.
By publishing an advertisement, the Seller grants Caroga a non-exclusive, free and worldwide licence to use, reproduce and distribute the content of the advertisement (text and photos) for the purpose of operating and promoting the Platform, including on partner websites and comparison sites.
Article 7 — Liability
Caroga endeavours to ensure the availability of the Platform but cannot guarantee uninterrupted access. Caroga shall not be held liable for any direct or indirect damage resulting from the use or inability to use the Platform, a service interruption, or unauthorised access to a user account.
Article 8 — Amendment of the ToU
Caroga reserves the right to amend these ToU at any time. Registered Users will be notified by email of any substantial amendment. Continued use of the Platform after notification constitutes acceptance of the amended ToU.
Article 9 — Governing law and jurisdiction
These ToU are governed by Belgian law. In the event of a dispute, the parties undertake to seek an amicable solution. Failing this, the competent courts of Belgium shall have sole jurisdiction.