Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") govern your access to and use of The Mini Exchange website and services (collectively, the "Platform"). The Platform is operated by The Mini Exchange ("we," "us," or "our").

By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Notice. If you do not agree to these Terms, you may not access or use the Platform.

These Terms constitute a legally binding agreement between you and The Mini Exchange. We may modify these Terms at any time, and your continued use of the Platform after changes are posted constitutes acceptance of the modified Terms.

2. Description of Service and Platform Role

2.1 What We Provide

The Mini Exchange is an online marketplace platform exclusively for Classic Mini Cooper vehicles (1959-2000). The Platform allows users to:

• Create and publish classified listings for Classic Mini vehicles, parts, and related items
• Browse, search, and filter available listings
• Communicate with other users through our messaging system
• Post questions and comments on listings
• Save favorite listings to a watchlist
• Purchase premium listing features (Premium tier, $10)

2.2 What We Are Not

The Mini Exchange is a marketplace platform only. We are not a vehicle dealer, broker, auction house, or traditional intermediary. We do not:

• Own, possess, sell, or broker any vehicles, parts, or items listed on the Platform
• Take title to or physical possession of any listed items
• Process, facilitate, or guarantee payments between buyers and sellers for vehicle transactions
• Inspect, verify, authenticate, or validate vehicles or listings
• Arrange transportation, shipping, or delivery of vehicles
• Provide warranties or guarantees regarding vehicles or sellers
• Act as an agent for buyers or sellers

All transactions occur directly between buyers and sellers. We provide the platform for users to connect, but we are not a party to any transaction.

3. User Accounts and Eligibility

3.1 Account Registration

To access certain features of the Platform (posting listings, messaging, commenting), you must create an account by providing a valid email address. When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information to keep it accurate and current
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

You may not share, transfer, or sell your account to another person. You are solely responsible for your account and any activity occurring through it, whether or not you authorized such activity.

3.2 Eligibility

You must be at least 18 years old to use the Platform. By using the Platform, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

3.3 Account Suspension and Termination

We reserve the right to suspend, disable, or terminate your account at any time, with or without notice, for any reason, including if we believe you have:

• Violated these Terms or our policies
• Engaged in fraudulent, deceptive, or illegal activity
• Posed a risk to the Platform, other users, or third parties
• Created liability for us or exposed us to legal action
• Engaged in conduct harmful to our business or reputation

If your account is terminated, you may not create a new account or access the Platform using another account without our express written permission. Attempting to circumvent an account suspension or termination is a violation of these Terms.

You may terminate your account at any time by contacting us at hello@theminiexchange.com. Upon termination, your right to access and use the Platform immediately ceases.

4. User Conduct and Prohibited Activities

4.1 General Conduct

You agree to use the Platform in a lawful, respectful, and responsible manner. You agree not to:

• Violate any applicable local, state, federal, or international law or regulation
• Engage in any fraudulent, deceptive, misleading, or manipulative activity
• Infringe upon the intellectual property, privacy, publicity, or other rights of any third party
• Harass, threaten, intimidate, abuse, defame, or otherwise harm other users
• Post or transmit content that is unlawful, hateful, discriminatory, or offensive
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the Platform, servers, networks, or security measures
• Collect, harvest, or scrape personal data from other users or use automated systems (bots, scripts, crawlers) to access the Platform without our express written permission
• Attempt to gain unauthorized access to any portion of the Platform, other accounts, or systems
• Transmit viruses, malware, or any other malicious code
• Circumvent any security features or access restrictions
• Use the Platform for any commercial purpose not expressly permitted by these Terms

4.2 Prohibited Listing Content

When creating listings, you may not:

• Post false, inaccurate, misleading, or deceptive information about vehicles
• Misrepresent the condition, history, title status, or specifications of a vehicle
• List vehicles you do not own or have authority to sell
• List stolen vehicles or vehicles with fraudulent documentation
• List items that are not Classic Mini vehicles, parts, or directly related accessories (1959-2000 only)
• Use photos you do not own or have permission to use
• Include external links or contact information intended to circumvent the Platform's messaging system
• List the same vehicle on multiple accounts or repeatedly post identical listings to manipulate visibility

4.3 Messaging and Communication

When using the Platform's messaging system, you agree not to:

• Send spam, unsolicited advertisements, or promotional content
• Share external payment links or attempt to process payments outside approved methods
• Harass or abuse other users
• Share personal information of others without consent
• Use offensive, abusive, or inappropriate language in messages or public comments

Messages and comments are subject to automated content moderation. Content containing profanity, personal contact information (phone numbers, email addresses), or external URLs may be flagged or filtered.

The Contact Seller form allows unauthenticated visitors to send inquiries to sellers. By submitting this form, you consent to your name and email address being shared with the seller so they can respond to your inquiry.

4.4 Comments

When posting comments on listings, you agree to the following rules:

• Comments are limited to 2,000 characters
• Threaded replies are supported for organized discussion
• Comments may be edited within 15 minutes of posting
• Comments may be deleted at any time by the author
• All comments are subject to automated content moderation and manual review
• Comments that violate these Terms or our content guidelines may be removed without notice

5. Listing Guidelines and Seller Obligations

5.1 Listing Requirements

When posting a listing, you represent and warrant that:

• All information provided is accurate, complete, and truthful
• You have the legal right and authority to sell the item
• The item is a Classic Mini Cooper vehicle or directly related part/accessory from the 1959-2000 era
• All photos are your own or you have explicit permission to use them
• You have disclosed all known defects, damage, modifications, and issues
• The vehicle has a clear title or you have fully disclosed any title issues
• The listing complies with all applicable laws and regulations

5.2 Disclosure Obligations

Sellers must disclose:

• Accurate mileage (or indicate if mileage is unknown/exempt)
• Known mechanical issues, defects, or damage
• Previous accidents or collision repairs
• Title status (clean, salvage, rebuilt, etc.)
• Any liens or encumbrances on the vehicle
• Modifications from original factory specifications
• Whether the vehicle is currently registered and emissions-compliant

5.3 Listing During Publication

While your listing is active on The Mini Exchange, you may not simultaneously list the same vehicle on other classified or dealer platforms without updating or removing your listing if the vehicle sells elsewhere. You must promptly mark listings as sold when a sale is completed.

5.4 Listing Moderation

All listings are subject to review and moderation. We reserve the right to reject, remove, or modify any listing that violates these Terms, contains inappropriate content, or does not meet our quality standards. We may also remove listings that appear to be duplicates, spam, or not relevant to Classic Minis (1959-2000).

Certain changes to published listings (such as price, year, model, or VIN) require admin review and approval before taking effect. You will be notified when your edit request is approved or rejected.

Sold listings may remain publicly visible in our Sold Archive as historical reference for the Classic Mini community. Sold listings are attributed to your account unless you delete your account, in which case they will be anonymized.

Active listing data (including title, description, photos, seller display name, and creation date) is included in our public RSS, Atom, and JSON feeds for syndication purposes.

6. Buyer and Seller Responsibilities

6.1 Buyer Responsibilities and Due Diligence

As a buyer, you acknowledge and agree that you are solely responsible for:

• Conducting thorough due diligence before purchasing any vehicle
• Inspecting vehicles in person whenever possible before completing a purchase (or arranging professional inspection services)
• Verifying ownership, title status, vehicle history reports, and all claims made in listings independently
• Assessing the condition, authenticity, and value of vehicles
• Negotiating terms directly with sellers
• Arranging and paying for transportation, shipping, and delivery
• Ensuring compliance with registration, taxation, and emissions requirements in your jurisdiction
• Using secure payment methods and taking appropriate precautions to avoid fraud (never wire money to unknown parties)

We strongly recommend inspecting any vehicle in person before purchase and never sending payment before seeing the vehicle.

6.2 Seller Responsibilities

As a seller, you are solely responsible for:

• Accurately representing your vehicle and complying with all disclosure requirements
• Providing clear and marketable title to any vehicle sold
• Complying with all applicable local, state, and federal laws regarding vehicle sales
• Communicating honestly and promptly with potential buyers
• Removing or marking listings as sold promptly after completing a sale
• Paying any applicable taxes on proceeds from your sales
• Honoring commitments made to buyers

6.3 No Platform Involvement in Transactions

All transactions occur directly between buyers and sellers. The Mini Exchange is not a party to any transaction. We do not process vehicle payments, hold funds in escrow, or guarantee transactions. Buyers and sellers must arrange payment, delivery, and all transaction terms independently.

7. Payment Terms

7.1 Listing Tiers and Fees

The Platform offers two listing tiers:

• Free Tier: No cost. Up to 5 photos, standard visibility, Q&A comments, and messaging. All listings are subject to admin approval before going live.
• Premium Tier: $10 USD one-time payment. Up to 20 photos, featured placement for 30 days, priority in search results, homepage carousel exposure, and a featured badge on your listing. All listings are subject to admin approval before going live.

Premium listing payments are processed securely through Stripe. All fees are non-refundable once your listing is published, except as required by law or at our sole discretion.

7.2 Payment Processing

Premium listing payments are processed by Stripe, a third-party payment processor. By making a payment, you agree to Stripe's Terms of Service and Privacy Policy. We do not store complete payment card information on our servers.

7.3 Taxes

You are responsible for paying any applicable taxes on premium listing purchases. Sellers are responsible for paying any applicable taxes on proceeds from vehicle sales. We do not collect or remit taxes on behalf of users.

7.4 No Vehicle Transaction Fees

We do not charge transaction fees or commissions on vehicle sales between buyers and sellers. The Platform's revenue comes solely from optional premium listing features.

8. Disclaimers and Warranties

8.1 "AS IS" Disclaimer

THE PLATFORM AND ALL CONTENT, MATERIALS, INFORMATION, LISTINGS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE MINI EXCHANGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding the accuracy, reliability, completeness, or timeliness of content or listings
• Warranties that the Platform will be uninterrupted, secure, or error-free
• Warranties regarding the quality, safety, or legality of vehicles listed
• Warranties regarding other users or their conduct

8.2 No Verification or Endorsement

We do not verify, authenticate, inspect, or endorse any listings, vehicles, or users. We make no representations or warranties about the accuracy of listings, the quality of vehicles, or the trustworthiness of users. Any reliance on listings or user-generated content is at your own risk.

8.3 No Guarantee of Results

We do not guarantee that using the Platform will result in any particular outcome, including the sale or purchase of a vehicle. Premium listing features provide enhanced visibility but do not guarantee a sale.

9. Limitation of Liability

9.1 Damages Limitation

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE MINI EXCHANGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, business opportunities, or data
• Loss resulting from fraudulent transactions or misrepresentations by other users
• Vehicle defects, damage, or condition issues
• Personal injury or property damage resulting from vehicles
• Disputes between buyers and sellers
• Unauthorized access to your account or personal information
• Errors, bugs, viruses, or interruptions in Platform service
• Actions or omissions of other users

9.2 Liability Cap

TO THE EXTENT LIABILITY CANNOT BE EXCLUDED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) FIFTY DOLLARS ($50 USD) OR (B) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

9.3 Release from User Disputes

YOU RELEASE THE MINI EXCHANGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES FROM ALL CLAIMS, DEMANDS, AND DAMAGES ARISING OUT OF OR RELATED TO DISPUTES WITH OTHER USERS OR THIRD PARTIES.

If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

9.4 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, labor disputes, or government actions.

10. Intellectual Property

10.1 Platform Ownership

The Platform, including its design, features, software, code, graphics, user interface, and all content (excluding user-generated content), is owned by The Mini Exchange and protected by copyright, trademark, and other intellectual property laws. All rights are reserved.

10.2 Restrictions on Use

You may not:

• Copy, modify, distribute, sell, or lease any part of the Platform or its software
• Reverse engineer, decompile, or attempt to extract source code from the Platform
• Remove, alter, or obscure any copyright, trademark, or proprietary notices
• Use the Platform's name, trademarks, or branding without our express written permission
• Build a competing business, product, or service using the Platform or its content
• Frame, mirror, or otherwise incorporate the Platform into another website without permission

10.3 User Content License

By posting content on the Platform (including listings, photos, messages, comments, and descriptions), you grant The Mini Exchange a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, display, distribute, and create derivative works from your content for the purpose of operating, promoting, and improving the Platform.

This license continues even after you stop using the Platform or delete your account.

10.4 User Content Representations

You represent and warrant that:

• You own or have the necessary rights to all content you post
• Your content does not infringe any third-party intellectual property, privacy, or publicity rights
• Your content complies with these Terms and all applicable laws
• You have obtained all necessary permissions to use photos, descriptions, or other materials you post

10.5 Copyright Infringement

If you believe content on the Platform infringes your copyright, please contact us at hello@theminiexchange.com with detailed information about the alleged infringement. We will investigate and take appropriate action, which may include removing the content.

11. Indemnification

You agree to indemnify, defend, and hold harmless The Mini Exchange, its officers, directors, employees, agents, affiliates, and service providers from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of the Platform
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any rights of a third party, including intellectual property, privacy, or publicity rights
• Your content, including listings, photos, messages, and comments
• Any transaction or dispute with another user
• Your sale or purchase of a vehicle through the Platform
• Any negligence, willful misconduct, or fraud on your part

This indemnification obligation survives termination of your account and your use of the Platform. We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution First

If you have a dispute with The Mini Exchange, you agree to first contact us at hello@theminiexchange.com and attempt to resolve the dispute informally for at least 30 days before initiating arbitration or litigation.

12.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and The Mini Exchange agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform (except disputes related to intellectual property rights) shall be resolved exclusively through binding individual arbitration rather than in court.

Arbitration shall be conducted under the American Arbitration Association (AAA) Consumer Arbitration Rules.

12.3 Class Action Waiver

YOU AND THE MINI EXCHANGE AGREE THAT DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. Any arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action.

12.4 Exceptions to Arbitration

The following disputes are not subject to arbitration:

• Disputes related to intellectual property rights (trademarks, copyrights, patents)
• Claims that can be brought in small claims court
• Requests for injunctive or equitable relief to prevent infringement or misuse of intellectual property

12.5 User-to-User Disputes

Disputes between users (buyer-seller disagreements, transaction disputes, etc.) are the sole responsibility of the parties involved. The Mini Exchange is not obligated to mediate, resolve, or intervene in user-to-user disputes. We encourage users to communicate directly and resolve disputes amicably.

If you have a dispute with another user, you release The Mini Exchange from all claims, demands, and damages arising from or related to that dispute.

13. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any litigation not subject to arbitration shall be brought exclusively in the state or federal courts located in California, and you consent to the personal jurisdiction of those courts.

14. Modifications to Terms

We reserve the right to modify, amend, or update these Terms at any time, at our sole discretion. When we make changes, we will:

• Update the "Last Updated" date at the top of this page
• Post the revised Terms on the Platform
• For material changes, provide notice via email or a prominent Platform notification

Your continued use of the Platform after changes are posted constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Platform immediately.

15. Modifications to Platform Services

We reserve the right to modify, suspend, or discontinue any aspect of the Platform (including features, pricing, and availability) at any time, with or without notice, and without liability to you or any third party.

16. Privacy

Your use of the Platform is also governed by our Privacy Notice, which describes how we collect, use, and protect your personal information. By using the Platform, you consent to our collection and use of your information as described in the Privacy Notice.

17. Third-Party Links and Services

The Platform may contain links to third-party websites, services, or resources (such as Stripe for payment processing). We are not responsible for the content, policies, or practices of third-party websites or services. Your use of third-party services is subject to their own terms and policies.

18. Entire Agreement

These Terms, together with our Privacy Notice and any other policies referenced herein, constitute the entire agreement between you and The Mini Exchange regarding your use of the Platform and supersede all prior agreements, understandings, and communications, whether written or oral.

19. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

20. Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless made in writing and signed by an authorized representative of The Mini Exchange.

21. Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this provision is void.

22. Survival

Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: intellectual property provisions, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.

23. Contact Information

For questions, concerns, or notices regarding these Terms of Use, please contact us at:

Email:hello@theminiexchange.com

Subject Line: Terms of Use Inquiry