Terms of use

§ 1 Provider and scope

Abad is provided and operated by the company named in the legal notice (hereinafter "Abad", "we" or "us").

These Terms apply to all users of Abad, whether acting privately or commercially (e.g. car dealers, real estate agents, developers), and to all portals and features of the platform, including those added in the future.

Diverging terms of users only apply if we have expressly agreed to them in writing.

§ 2 Abad services

Abad is an online marketplace on which users can publish, search and save listings for vehicles and real estate and contact each other through a messaging feature.

Abad only provides the technical platform. We are not a seller, buyer, landlord, tenant, agent or representative of any party and do not become a party to contracts concluded between users.

We do not review listings, information or user identities in advance and give no guarantee as to the accuracy, completeness, legality or quality of the vehicles and properties offered.

§ 3 Registration and Abad account

A free Abad account is required to post listings, save favorites and send messages. One Abad account applies to all portals.

Registration is only permitted for natural persons of legal age with full legal capacity and for companies. For companies, the registering person must be authorised to represent them.

You agree to

• provide truthful and complete information when registering and in your profile and keep it up to date,
• confirm your email address,
• keep your password secret and not share it with third parties,
• inform us immediately if you suspect misuse of your account.

Each person may only hold one account. Accounts are not transferable. You are responsible for actions taken through your account if you are responsible for its misuse.

There is no entitlement to registration.

§ 4 Listings

You may only list vehicles and properties that you are legally entitled to dispose of, i.e. that you own or for which you hold authorisation from the owner (e.g. as a dealer or agent).

Listings must be truthful, complete and unambiguous. In particular:

• Information such as year, mileage, condition, accident damage, area, number of rooms and features must be accurate.
• Photos must show the actual item offered; third-party photos may only be used with the rights holder's permission.
• The stated price must reflect the actual offer. Bait offers and fake prices are prohibited.
• Each item may only be listed once per portal.
• Listings must be placed in the correct category and location.

Commercial sellers must be identifiable as such and comply with the legal information obligations applicable to them.

If an item has been sold, rented or is no longer available, you must immediately mark the listing as "sold", pause it or delete it.

§ 5 Prohibited content and conduct

In particular, listings, messages and other content are prohibited that

• violate applicable law or the rights of third parties (e.g. copyright, trademark or personal rights),
• offer stolen, embezzled or otherwise illegally obtained vehicles or vehicle parts,
• present vehicles or properties with forged or missing documents (e.g. customs papers, registration, qabala/title deed) as fully documented,
• concern weapons, drugs or other prohibited items,
• are insulting, discriminatory, glorify violence, are pornographic or otherwise offensive,
• are misleading or serve fraudulent purposes (e.g. advance-payment fraud, phishing, fake listings),
• contain advertising for other platforms, services or products unrelated to the listing (spam),
• contain contact details or personal data of third parties without their consent.

Also prohibited are the automated extraction of content (scraping, crawlers), mass messaging, circumventing technical protection measures and any action that may impair the functioning of Abad.

§ 6 Rights to content

You remain the owner of the rights to the texts and photos you post on Abad.

For the duration of publication, you grant Abad a non-exclusive, free, worldwide right to use this content to operate and promote the platform, in particular to store it, adapt it technically (e.g. resize images), make it publicly available and display it in search results, on the homepage or in previews.

You warrant that you hold all rights required for this.

The platform itself, its design, logo, software and database are protected by copyright and may not be copied or otherwise used without our consent.

§ 7 Messages and contact between users

The messaging feature and displayed contact details may only be used for communication about the respective listing.

Other users' phone numbers are only shown to logged-in users and may not be stored or used for advertising, disclosure or any other purpose.

If there are indications of misuse or legal violations, we may review the affected content and take the necessary measures under § 10.

§ 8 Contracts between users

Sales, rental, gerawi and other contracts are concluded exclusively between the users involved. The users alone are responsible for initiating, concluding, performing and unwinding them.

Abad does not process payments and does not offer an escrow service. We strongly recommend that you

• never make down payments or advance payments to strangers,
• inspect vehicles and properties in person before concluding a contract,
• meet in safe, public places,
• carefully check proof of ownership and documents (e.g. qabala, customs papers, vehicle documents) and conclude contracts in writing.

Disputes arising from contracts between users must be resolved directly between them.

§ 9 Fees

Registration and posting listings are currently free of charge.

We reserve the right to offer paid additional services in the future (e.g. featured listings or packages for commercial sellers). Such services will only be charged after you have been expressly informed of the price in advance and have ordered them separately.

§ 10 Moderation, removal and suspension

We are entitled to remove or deactivate content in whole or in part if there are concrete indications that it violates these Terms, applicable law or the rights of third parties.

In the event of violations, taking into account the legitimate interests of the user and the severity of the violation, we may warn the user, restrict the use of individual features, or suspend the account temporarily or permanently.

We generally inform the affected user of such measures by email, stating the reasons, unless legal reasons or the risk of further misuse prevent this. The user may respond.

Suspended users may not register again without our consent.

§ 11 Availability and changes to the platform

We strive to keep Abad available without interruption. However, constant availability cannot be guaranteed, e.g. due to maintenance, technical faults, interruptions of internet or power supply or other circumstances beyond our control.

We may further develop the platform and change, extend or discontinue features, provided this is reasonable for users.

You are responsible for keeping copies of important content (e.g. photos and texts).

§ 12 Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health and under mandatory statutory provisions.

In the case of slight negligence, we are only liable for breach of an essential contractual obligation, the fulfilment of which makes proper use of the platform possible in the first place and on whose fulfilment the user may regularly rely (cardinal obligation). In this case, liability is limited to the foreseeable, typically occurring damage.

We accept no liability for the content, information and conduct of users or for the conclusion, performance and consequences of contracts between users.

The above limitations also apply in favour of our employees, representatives and agents.

§ 13 Indemnification

You indemnify Abad against all claims asserted by third parties against Abad due to a violation of their rights by your content or your use of the platform, insofar as you are responsible for the violation. This includes reasonable costs of legal defence.

§ 14 Data protection

We process personal data exclusively in accordance with applicable data protection law. Details can be found in our privacy policy, available via the legal notice.

§ 15 Term and termination

The user agreement is concluded for an indefinite period.

You can delete your Abad account at any time without giving reasons in your account settings. This also deletes your listings, favorites and messages, unless statutory retention obligations apply.

We may terminate the user agreement by email with two weeks' notice. The right of both parties to terminate for good cause remains unaffected; good cause exists for us in particular in the event of serious or repeated violations of these Terms.

§ 16 Changes to these Terms

We may amend these Terms with effect for the future if there is a valid reason, e.g. changes in law, case law or new platform features.

We will inform you of changes by email at least four weeks before they take effect. If you do not object within this period, the changes are deemed accepted. We will point out the right to object and the consequences of silence separately in the notification. In the event of an objection, both parties may terminate the agreement.

§ 17 Final provisions

The law of the country in which the operator named in the legal notice has its registered office applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the country in which you, as a consumer, have your habitual residence remain unaffected.

If the user is a merchant or business, the place of jurisdiction for all disputes is the operator's registered office, insofar as legally permissible.

These Terms are provided in several languages. In the event of discrepancies, the German version prevails.

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.