Terms And Conditions (Customers)
1.0 General
1.1 These are the terms and conditions on which we, ezAUTO, supply services to you, the Customer, across our Platform.
1.2 By using our Services and access to our Platform, you are accepting these terms at the date of this agreement and as amended from time to time by us. You should make sure that you review these terms regularly for amendments. If you do not agree with these terms, you should not use our Services and Platform.
1.3 These terms apply to any listing for sale and purchase of a Car that is placed on the Platform by you and, together with all other terms posted on the Platform, set out the terms on which we enter into a contract with you to provide you with access to the Platform and Services.
2.0 Definitions
2.1 Any such capitalized words used in this T&C for Consumer, unless otherwise defined, shall have the same meaning as found in the General Terms of Use. This T&C for Consumer shall form an integral part of the General Terms of Use and the T&C for Dealers.
2.2 The following terms shall have the following respective meanings: –
“Car” means any car listed on the Platform and/or sold by ezAUTO to the Customer, and “Cars” shall be construed accordingly;
“Consumer” means a Customer, being an individual who makes purchase of the Car for personal use and not for business purposes of trading cars;
“Customer”, “you” and “yours” means the person contracting and purchasing the Car from ezAUTO via the Platform; and
“Listing” means all listings, advertisements and promotions in relation to the Cars posted on the Platform.
3.0 Terms And Conditions
3.1 To purchase any Car, you must be at least 18 years of age. By purchasing a Car on the Platform, you confirm that you meet this requirement.
3.2 The Customer shall be responsible to conduct his/her own due diligence with respect to the accuracy of the Listing, and whether the Car offered or provided on the Platform is original, of merchantable quality, genuine and/or meets the specifications and conditions as prescribed by the Company.
3.3 The price of Cars is as quoted on the Platform. However, the Platform contains a large number of Cars and it is always possible that, despite our best efforts, some of the Cars listed on the Platform may be incorrectly priced. ezAUTO will normally verify prices as part of the purchase procedures so that, where a Car’s correct price is less than the stated price, we will inform you as soon as possible and give you the option of proceeding with your purchase at the correct price or cancelling it.
3.4 Offer to Purchase and Booking Fee
3.4.1 The Customer shall indicate his/her intention to purchase the Car (“Chosen Car”) to ezAUTO through the Platform by submitting the requisite information as ezAUTO may require from time to time including but not limited to the proof of identification (“Offer to Purchase”). By placing an Offer to Purchase, the Customer represents and warrants that he/she has been provided with all necessary information and is satisfied with all relevant representations and warranties pertaining to the Chosen Car posted on the Platform.
3.4.2 The Customer shall thereafter pay ezAUTO a booking fee of one percent (1%) of the value of the Chosen Car through the Platform (“Booking Fee”). Upon ezAUTO’s receipt of the Booking Fee for the Chosen Car, ezAUTO shall reserve the Chosen Car for five (5) days (“Lock In Period”). The Customer hereby acknowledges and agrees that the Offer to Purchase and the Booking Fee are not transferrable. For the avoidance of doubt, the Booking Fee will be deducted from the purchase price of the Chosen Car.
3.4.3 The payment of the Booking Fee does not mean that the Offer to Purchase has been accepted. All purchases are subject to availability and acceptance by us. ezAUTO is not obliged to accept the Offer to Purchase and may, at our discretion, decline to accept any the Offer to Purchase.
3.4.4 In the event the Customer is desirous to apply for financing in regard to the Chosen Car, he or she is advised to utilize the Lock In Period to secure the said financing, and pay the balance of the down payment of the Chosen Car.
3.4.5 If the Customer is unable to secure financing (if applicable) and pay the down payment within the Lock In Period, ezAUTO shall have the right (but not obligated) to retract the Offer to Purchase and make the Chosen Car available to another potential Buyer on the Platform, and ezAUTO shall fully refund the said Booking Fee to the said Customer.
3.5 Viewing and Test Drive
3.5.1 Upon payment of the Booking Fee, the Customer may liaise and arrange for viewing and/or test drive of the Chosen Car with ezAUTO. Any viewing and/or test drive of the Car(s) shall be subject to the terms and conditions of imposed by ezAUTO which would be made available to you upon your request but in any event, no later than immediately prior to the scheduled date.
3.5.2 Test drive is subject to you satisfying our eligibility criteria determined from time to time (which includes that you must hold a valid Malaysia drivers’ license appropriate to the vehicle to be test driven and a Malaysian identity card or passport, whichever is applicable). You represent and warrant that you have the necessary licenses and is fit and proper to conduct the test drive.
3.5.3 You may only test drive the Chosen Car for evaluation purposes only. You will be responsible for all toll fees or any summons or fines arising from the test drive. In relation to toll fees, summons and/or fines, we reserve the right to pay in advance and recover the same from you.
3.5.4 Any loss or damage or injury to the Chosen Car, ezAUTO, its employees, any third party using it or to any person as a consequence of your test drive (including damages arising out of minor fender bender, collision with non-moving objects or major accidents) due to your negligence, omission or inaction, shall be at your risk.
3.5.5 Title to the Chosen Car shall remain with us at all times and you shall not, without our prior written consent, offer to sell, assign, lease, mortgage, charge, encumber or part with possession or otherwise deal with the Chosen Car nor create or allow any lien over the Chosen Car.
3.6 Collection of Car
Upon receipt of the purchase price of the Car by ezAUTO, cost of vehicle insurance and such other fees as may be determined by ezAUTO from time to time and in full and cleared funds, the Customer shall be entitled to collect the Car at ezAUTO’s designated location (“Designated Location”).
For collection from a location other than the Designated Location, an additional charge per way may be imposed, depending on distance, accessibility of the destination and time of day. Details on the charges and procedures will be made available at the time of enquiry. ezAUTO is entitled to impose extra charges if there are any changes of agreed location.
3.7 Risk and Ownership
3.7.1 Upon collection of the Car, the Customer will be asked to confirm receipt of the Car and that it conforms to the order, specifications and conditions. The Customer will further be asked to sign an acceptance form (“Acceptance Form”) and this will be confirmation that you have received and accepted the Car, at which point the Car will be your responsibility and at your risk.
3.7.2 If you purchase the Car outright, ownership of the Car will pass to you once: (i) we have received full payment of the purchase price (and any other amounts due) in cleared funds; and (ii) you have accepted the Car by signing the Acceptance Form. Where you have obtained financing from the financial institution, you should be aware that ownership of the Car may remain with the financial institution and the pre-contract information and finance agreement will highlight this, and set out when and if title to the Car will pass to you.
3.8 Cancellation of the Offer to Purchase
3.8.1 The Customer is entitled to cancel the Offer to Purchase at any time prior:
(a) in the event the Customer is purchasing the Car by way of cash, prior to the purchase of vehicle insurance; or
(b) in the event the Customer is purchasing the Vehicle by way of financing, prior to the Customer’s acceptance of any financing and vehicle insurance for the Car.
3.8.2 Upon receipt of the Customer’s written cancellation, ezAUTO will refund the Booking Fee to the Customer in full.
3.9 Extended Warranty for Vehicle
3.9.1 All Cars bought or purchased by the Customer through the Platform will be bound and bundled with an extended warranty of twelve (12) months (“Extended Warranty”) from ezAUTO’s authorised partner(s) (“EW Partner”) and subject to the terms and conditions prescribed by the EW Partner.
3.9.2 In the event the Car possesses a valid and subsisting warranty provided by the original manufacturer of the Car (“Former Warranty”), the Extended Warranty shall commence upon the expiry of the Former Warranty. The Customer shall bring the Car to the EW Partner for an inspection at least [**] months prior to the expiration of the Former Warranty, in order to activate the Extended Warranty.
3.9.3 All claims and enquiries in relation to the Extended Warranty shall make directly to the EW Partner. ezAUTO shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, the EW Partner’s failure to comply with the terms and conditions contained therein.
4.0 Money Back Guarantee
4.1.1 All Cars purchased through the Platform will be supplied with a 5-days money back guarantee provided by ezAUTO (“Guarantee”). The Customer reserves the right to request ezAUTO to re-purchase the Car from the Customer in the event that the Car has been damaged by fire or water or is reported as a cut-and-joint car, within five (5) days from the date the Customer collects the Car from ezAUTO. ezAUTO shall be entitled to appoint an expert to determine the state and condition of the said Car and the decision of such expert shall be final and binding. Should there be any dispute or conflict arising from or incidental to the return or refund of the Car, the Customer shall communicate and negotiate with ezAUTO directly to resolve such dispute or conflict.
4.1.2 Notwithstanding to the above, in order to be eligible for the money back guarantee, the Customer must ensure that the Car is kept in the same condition as it was when you collected it and you and your Car must meet all of the following eligibility criteria: –
• The Car must not be damaged, modified or altered from the condition it was bought in, in any way.
• The Car must not have been driven more than 300 kilometres since the time of collection.
4.1.3 We will only refund the actual price paid for the Car (less the pro-rata vehicle insurance fee, bank interest and such other reasonable costs incurred by ezAUTO) which must be no more than the value the Car is listed on the Platform. ezAUTO reserve the right to refuse or reduce the amount paid in relation to a claim in our sole discretion if:
• we find that the Car has been subject to unreasonable usage or treatment; or
• we suspect any breach of applicable law, including in relation to fraud, money laundering or other dishonesty relating to the claim.
5.0 Limitation of Liability
5.1 You acknowledge and agree that your only right with respect to any problem or dissatisfaction with the Services is to request for termination of your Account and/or discontinue any use of the Services.
5.2 In no event shall ezAUTO, its affiliates, directors, trustees, officers, employees, agent or representative be liable for any claim, incidental, indirect, punitive, consequential or similar damages, liabilities or whatsoever, including but not limited to damages for loss of data or exposure of data, information, revenue, goodwill, opportunity, profits or other business or financial benefit, to the Customer or any third party claim under the Customer, whether based on contract, tort, breach of statutory duty or otherwise, arising out of or in connection with the Services or these Terms, including without limitation death, bodily injury, emotional distress and/or other damages resulting from the Services, whether or not the damages were foreseeable and whether or not ezAUTO was advised of the possibility of such damages.
5.3 Without limiting the generality of the foregoing, ezAUTO’s aggregate liability to you (whether under contract, tort, statute or otherwise) shall not exceed the amount of fees received by ezAUTO in respect of the Services giving rise to such claims.
6.0 Governing Law and Jurisdiction
All disputes, claims, actions or suits arising from any Customers’ use of this Platform or concerning the validity, interpretation or performance of these terms and any of its terms and provisions, or any rights or obligations of the parties hereto, shall be governed by and construed in all respects in accordance with the laws of Malaysia. All parties hereby irrevocably consent to the jurisdiction and venue of courts of competent jurisdiction located in Malaysia and agree that all such suits or proceedings shall be brought only in such courts.
7.0 Disclaimer
ezAUTO is not responsible for any content, code or any other imprecision. ezAUTO shall not provide warranties or guarantees. In no event shall ezAUTO be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Services or the contents of the Services. We reserve the right to make additions, deletions, or modifications to the contents on the Services at any time without prior notice.
8.0 Notices
8.1 All notices, demands or other communications required or permitted to be given or made hereunder shall be in writing and may be delivered personally or sent by prepaid registered post (by air-mail if to or from an overseas address) with recorded delivery, or by electronic mail addressed to the intended recipient thereof at its address or at its electronic mail address set out in these Terms (or such other address or electronic mail address as a party to these Terms may from time to time duly notify the others in writing).
8.2 Any such notice, demand or communication shall be deemed to have been duly served (if delivered personally or given or made by electronic mail) immediately or (if given or made by letter) forty-eight (48) hours after posting and in proving the same it shall be sufficient to show that personal delivery was made or that the envelope containing the same was duly addressed, stamped and posted or that the electronic mail transmission was properly addressed and dispatched. The addresses and electronic mail address of the Parties for the purpose of these Terms are as stipulated in these Terms or at such other address or electronic mail address as the Party to be served may have notified to the other Party (in accordance with the provisions of this Clause) for the purposes of these Terms. Any notice given on a day which is not a Business Day is treated as given on the following Business Day.
9.0 Miscellaneous
9.1 These Terms constitutes the entire agreement between the parties concerning its subject matter.
9.2 These Terms will inure to the benefit of ezAUTO, its successors and assigns and may be transferred by ezAUTO to any party without the Customer’s prior approval upon notice to the Customer. These Terms is personal to the Customer and it shall not, without the prior written consent in writing of ezAUTO, assign, novate or otherwise deal with the whole or any part of these Terms or its rights or obligations hereunder.
9.3 A delay or failure of any party to exercise any right or remedy pursuant to these Terms will not operate as a waiver or the right or remedy and a waiver of any particular breach will not be a waiver of any other breach. All rights and remedies under these Terms are cumulative and the exercise of one right or remedy will not limit the exercise of any other right or remedy.
