1.3 ezAUTO may at its sole discretion to change, amend, modify, add or remove these Terms at any time and the revised version will be effective immediately that it is displayed on the Platform with no other notices provided to the User. By continuing to use the Platform, the User shall be bound by any revisions to these Terms.
The following terms shall have the following respective meanings:
(a) “Applicable Laws” means with respect to any person, any and all applicable constitutions, treaties, statutes, laws, by-laws, regulations, ordinances, codes, rules, rulings, judgments, rules of common law, orders, decrees, awards, injunctions or any form of decisions, determinations or requirements of or made or issued by, governmental, statutory, regulatory, administrative, supervisory or judicial authorities or bodies (including without limitation, any relevant stock exchange or securities council) or any court, arbitrator or tribunal with competent jurisdiction and to which such person is subject.
(b) “Business Day” means a day on which banks are open for business in Kuala Lumpur (other than a Saturday or Sunday or gazetted public holidays).
(c) “Cookies” means small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
(d) “Confidential Information” means all financial, business and technical or other data and all other confidential information (whether written, oral or in electronic form or on magnetic or other media) concerning the business of a disclosing party that a receiving party receives or accesses as a result of any discussions or dealings under these Terms.
(e) “Buyers” means the buyers and/or purchasers accessing or using the Platform to purchase the Car via the Platform and it shall be construed accordingly.
(f) “Listing” means all listings, advertisements and promotions in relation to the Car posted on the Platform by ezAUTO.
(g) “User(s)”, “you” or “your”, means an individual or corporate entity, and includes any person browsing, accessing, using and/or viewing the Platform and/or the Services, which shall include the Buyers.
3.0 General Terms
3.1 By accessing the Platform, registering an account (“Account”) and/or using the Services, you agree to be bound by these Terms which shall be applicable to all Users of the Platform and any amendments to the foregoing issued by ezAUTO from time to time. If you do not agree to these Terms, please do not access and/or use the Platform and/or the Services.
3.2 ezAUTO grants you a limited, revocable, non-exclusive, non-transferable, non-assignable, non-licensable right to access, view and use the Platform as well as the Services to in accordance with the Terms. Any breach of these Terms may result in the immediate revocation of the license granted herein without notice to the User.
3.3 If the User is under the age of 18 or the legal age for giving consent hereunder pursuant to the Applicable Laws in the User’s country, the User must obtain permission from his/her parent(s) or legal guardian(s) to open an Account on the Platform. If the User is the parent or legal guardian of a minor who is creating an Account, the User must accept and comply with these Terms on the minor’s behalf and the User will be responsible for the minor’s actions, any charges associated with the minor’s use of the Platform and/or Services or purchases made on the Platform. If the User does not have consent from his/her parent(s) or legal guardian(s), the User must stop using/accessing this Platform and/or Services.
3.4 Under no circumstances shall ezAUTO be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this Platform, even if ezAUTO or its authorized representative has been advised of the possibility of such damages. If your use of materials from this Platform results in the need for servicing, repair or correction of equipment or data, you shall assume any costs thereof.
3.5 We will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to: –
(a) change, amend, modify, add or remove these Terms at any time and the revised version will be effective immediately once it is displayed on the Platform with no other notices provided to the User. By continuing to use the Platform, the User shall be bound by any revisions to these Terms.
(b) change, modify, suspend or discontinue all or any part of the Platform and/or the Services at any time. We may also impose limits on certain features or restrict your access to parts of, or the entire, in our sole discretion without notice or liability.
4.0 Purchasing Vehicles Through Platform
Your use of the Services will be subject to these terms and conditions and by using the Services you agree to be bound by them. Any Cars you purchase through the ezAUTO’s Platform are supplied subject to the respective T&C for Consumer or T&C for Dealers. ezAUTO reserves the right to change, revise and/or amend these terms and conditions from time to time by changing them on the Platform.
The User should carefully read the descriptions, details and review information such as specifications, price, option price, charges, and such other terms and conditions for the Car before purchasing such Car.
6.0 Other Services
Our Platform provides information about the Cars, extended warranty, insurance and financing options which are available from our partners. Please note that these services which are provided by third parties and any agreements for the purchase of such extended warranty, insurance and/or credit arrangements are between you and the relevant selected insurance provider, credit provider and/or such other third parties (as applicable) (“Relevant Provider(s)”). Such third parties may charge for additional products and services relating to the Car which may include administration fees on relevant purchases. ezAUTO shall not be held liable and responsible for additional or different terms, conditions, limitations and restrictions that may be imposed by the Relevant Provider(s) or representations made by the Relevant Provider(s) in relation to the purchases.
7.0 Use of Platform
7.1 ezAUTO shall be entitled and irrevocably authorised to carry out the following: –
- To access, edit, copy, disclose, amend, modify or remove the Listing (or the terms and specifications thereof) without notice;
- To allow the User to rate and review Car(s);
- Without notice and without liability, to suspend the Platform and/or Services for repair, maintenance, improvement or other technical reasons; and
- To use commercially reasonable efforts to host and operate the Platform and shall maintain the functionality and availability of the Platform.
7.2 Except to the extent expressly set out in these terms and conditions, the User is not allowed to:
- “scrape” content or store content of the Platform on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Platform;
- remove or change any content of the Platform or attempt to circumvent security or interfere with the proper working of the Platform or the servers on which it is hosted; or
- create links to the Platform from any other website, without our prior written consent.
8.0 User Submission
8.1 Any feedback, comments, ideas, improvements, suggestions, reviews, ratings, photographs, videos, ideas (collectively, “Content”) provided by you to us with respect to the Services and/or the Car shall remain the sole and exclusive property of us. We shall be free to use, copy, modify, publish, or redistribute the Content for any purpose and in any way without any credit or any compensation to you.
8.2 The User further agrees and warrants that the User shall not submit any Content:
(a) That is known by the User to be false, inaccurate or misleading.
(b) That infringes any third party’s copyright, patent, trademark, trade secret or any other intellectual or proprietary rights or rights of publicity or privacy.
(c) That breaches any Applicable Laws (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
(d) That discloses private information of any third party, including without limitation, addresses, phone numbers, email addresses, national insurance numbers and credit card numbers, or otherwise violates the rights of any third party, including without limitation, privacy rights.
(e) That is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or harassing or discriminatory based on sex or gender to any of the Users and/or third party.
(f) That is offensive, profane, vulgar, obscene or inappropriate language.
(g) That impersonates, or misrepresents the User’s connection with, any entity or person.
(h) That contains any computer viruses, worms or other potentially damaging computer programs or files.
8.3 The User agrees that the User shall be solely responsible for the Content of its submission, and any comments the User makes. The User shall be solely liable for any damages resulting from any breach by the User from any harm resulting from the User’s submission of Content. ezAUTO does not represent or warrant that any Content submitted by the User is accurate, and or that it is free from mistakes, omissions, falsehoods, defamation, obscenity, pornography or profanity.
8.4 The User agrees to indemnify ezAUTO (and its officers, directors, employees, affiliates, agents, subsidiaries, joint ventures, dealers, and any third-party service provider) and keep ezAUTO’s indemnified from any and all losses, damages (actual and consequential), liabilities (whether criminal or civil), claims, disputes, demands, causes of actions, costs and expenses (including reasonable legal fees and expenses), fines, or penalties of every kind and nature, known and unknown, arising out of, in connection with, or related to: (i) the User’s Content; (ii) any breach of the User’s representations and warranties as set out above; and/or (iii) any breach of any Applicable Laws, or the User’s interference with the rights of a third party.
8.5 The User understands the Platform is public and that if the User posts any Content, ezAUTO may use, modify, edit, delete, translate or republish such Content and that the User agrees that any submission is non-confidential and non-proprietary and may be used in any manner or medium whatsoever by ezAUTO. For the avoidance of doubt, ezAUTO shall have the right, but not the obligation, to pursue any one or more of the following actions with regard to the User’s submissions and the User’s interactions via the Platform:
(a) to monitor or review the User’s submission of Content;
(b) to remove or refuse to post any Content within the Platform that ezAUTO deems, in its sole discretion, which violates the submission guidelines as may be prescribed by ezAUTO; and
(c) to suspend or terminate the User’s access to the submission of Content on the Platform as ezAUTO deems appropriate in the circumstances.
9.0 Links To Other Websites
Our Platform may contain links to other websites that are not operated by us (“Third-Party Websites”). We do not control the Third-Party Websites to which our links and assumes no responsibility for their content, terms and conditions or privacy policies and/or statements. Third-Party Websites and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. This includes any company providing online payment via credit card or e-banking.
11.0 Updates To Our Platform
We may from time to time provide enhancements or improvements to the features/ functionality of the Platform, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”). Updates may modify or delete certain features and/or functionalities of the Platform. You agree that we have no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Platform to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the Services, and (ii) subject to these terms and conditions.
12.0 Termination And Suspension Of Account
12.1 You must only use the Platform and anything available from the Platform for lawful purposes (complying with all Applicable Laws), in a responsible manner, and not in a way that might damage our name and reputation or that of any of our affiliates. ezAUTO may, in its sole discretion, at any time and for any or no reason, suspend or terminate your Account in the event you fail to comply with any provision of these Terms and/or any other terms and conditions or policies which may posted by us from time to time. You may also terminate this Agreement by deleting your account and all copies thereof from your computer. Termination and suspension of account will not limit any of our rights or remedies at law or in equity in case of breach by you of any of your obligations under the present Agreement.
12.2 You acknowledge and agree that if you deactivate your account or if we suspend or terminate your account, you will lose any information associated with your account, including Contents. Upon termination, all licenses and rights granted to you in these Terms will immediately cease.
13.0 Confidentiality And Data Protection
13.1 You hereby agree and undertake to preserve and maintain in confidence all Confidential Information received from the other party.
13.2 The foregoing obligations shall not apply to any Confidential Information which: –
(a) is or becomes generally available to the public through no action by the receiving party or its representatives in violation of these Terms;
(b) was known to the receiving party or becomes available to the receiving party, on a non-confidential basis, from a source other than the disclosing party which is not known to the receiving party to be prohibited from disclosing such information by a contractual or legal obligation of confidentiality;
(c) is disclosed with the disclosing party’s prior written consent;
(d) is independently developed by personnel having no access to the Confidential Information or otherwise independently obtained by the receiving party; and
(e) is required to be disclosed by law, court order, government directive or guidelines or where otherwise so required by any relevant authorities provided that the receiving party promptly notifies the disclosing party in writing of such demand for disclosure so that the disclosing party may seek to make such disclosure subject to a protective order or other appropriate remedy to preserve the confidentiality of the Confidential Information.
13.3 The rights and obligations under this clause shall survive the expiration or termination of these Terms.
14.1 The User agrees to defend, indemnify (and keep indemnified) and hold ezAUTO and its affiliates, agents, directors, officers, employees, partners, successors, assignees and licensors (if any) harmless from and against any claims, demand, liabilities, damages, costs, judgments, losses or expenses (including reasonable legal fees on a full indemnity basis), arising out of or in connection with:
(a) the use of the Services;
(b) the User’s violation of these Terms or any Applicable Laws;
(c) violation of any right of a third party; or
(d) ezAUTO’s enforcement or attempt to enforce the obligations of the User; other than where any such claim, liabilities, damages, costs, judgments losses or expenses arises solely as a result of ezAUTO’s negligence.
14.2 The User agrees to defend, indemnify (and keep indemnified) and hold ezAUTO and its affiliates, and their agents, directors, officers, employees, successors and/or assignees, harmless from and against any claims, liabilities, damages, costs, judgments, losses or expenses (including reasonable legal fees on a full indemnity basis), arising out of or in connection with: –
(a) The User’s violation or breach of any terms, conditions, representations and warranties of these Terms, including warranty with respect to the merchantable quality of the Car or any Applicable Laws, including any local laws or ordinances, whether or not referenced herein; and/or
(b) ezAUTO’s enforcement or attempt to enforce the obligations of the ezAUTO; other than where any such claim, liabilities, damages, costs, judgments losses or expenses arises solely as a result of ezAUTO’s negligence.
14.3 Notwithstanding any other provision herein, it is agreed that neither party shall be liable to the other party for any loss of profit, goodwill, business opportunity, and anticipated savings or for any indirect, special or consequential loss or damage suffered or flowing from these Terms, even if reasonably contemplated or if such other party has been advised of the possibility of such loss or damage.
14.4 The rights and obligations under this clause shall survive the expiration or termination of these Terms.
15.0 No Warranties
15.1 You acknowledge and agree that the Services are provided on an “AS IS” and “AS AVAILABLE” basis to you and with all faults and defects without warranty of any kind, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion. To the maximum extent permitted under Applicable Laws, ezAUTO, on its behalf, its affiliates, licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Services and/or the Car, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and makes no representation of any kind that the Services will meet your requirements, achieve any intended results, be compatible or work with any other software, websites, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
15.2 Without limiting the foregoing, neither us nor any provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Services, or the information, content, and materials or products included thereon; (ii) that the Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Services; or (iv) that the Services, its servers, the content, or e-mails sent from or on behalf of us are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
16.0 Limitation of Liability
16.1 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.
16.2 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 User or any third party claim under the User, 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.
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.
19.0 Entire Agreement
These Terms constitutes the entire agreement between you and us regarding your use of the Services and supersedes all prior and contemporaneous written or oral agreements between you and us. You may be subject to additional terms and conditions that apply when you use or purchase other services from us, which we will provide to you at the time of such use or purchase.
20.0 Intellectual Property Rights
You acknowledge and agree that the Services, the Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, its licensors or other providers of such material and are protected by and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of us, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.
21.0 Dispute Resolution
21.1 This section applies to any dispute except it shall not include a dispute relating to claims for injunctive or any equitable relief regarding the enforcement or validity of your intellectual property rights. The term “dispute” means any dispute, action, or other controversy between you and us concerning the Services or these Terms, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
21.2 In the event of a dispute in relation to the Services, the disputing party must give the other a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested (“Notice of Dispute”). You must send any Notice of Dispute to us via email to: email@example.com . We will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. The parties shall attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. Should the parties fail to reach an amicable arrangement after sixty (60) days, both parties may commence arbitration.
21.3 If you and us failed to resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by arbitration in accordance with the Asian International Arbitration Centre in Kuala Lumpur (AIAC) in force on the date when the Notice of Arbitration is submitted in accordance with these rules. The number of arbitrators shall be one. The seat of arbitration shall be Kuala Lumpur and the arbitration shall apply the substantive law of Malaysia. The arbitral proceedings shall be conducted in English language.
22.1 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).
22.2 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.
23.0 Typographical Errors
In the event a Car is listed at an incorrect price or with incorrect information due to typographical error, ezAUTO shall have the right to refuse or cancel any orders placed for the Car listed at the incorrect price. ezAUTO shall have the right to refuse or cancel any such order whether or not the order has been confirmed and the payment has been made. If the Buyer has already made any payment for the purchase and such order is cancelled, ezAUTO will refund the purchase price or such amount paid for purchase of the Car to the Buyer.
24.0 Governing Law
These Terms shall be governed by and construed in all respects in accordance with the laws of Malaysia, the courts of Malaysia shall have exclusive jurisdiction over any disputes hereunder.
We are not responsible for any content, code or any other imprecision. We do not provide warranties or guarantees. In no event shall we 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.