iCar Asia Limited (‘iCar Asia’) is pleased to provide you with access to its network of websites and related services as listed at our company website — www.iCarAsia.com and the iCar Asia vehicle search engine wherever distributed on the internet (the ‘iCar Asia Network’) on these terms and conditions.
The terms and conditions set out herein below govern the use of iCar Asia Sdn Bhd's ('the Company') services offered and available on this website and any other in the iCar Asia Network and all related sub-sites ('the Site'). The User is advised to read them carefully as they affect the User's rights and liabilities under the law.
By using the Site, the User is deemed to have agreed to be bound by the terms and conditions set out in this agreement ('the Agreement'), as well as those terms and conditions incorporated by reference and/or implication.
If the User continues to use the Site and/or services provided by the Company on the Site ('the Services') after the date on which any amendments come into effect, the User shall be deemed to have consented to be bound by the amended terms and conditions. In the event the User does not agree to the amendments, the User shall not continue to use the Site and/or the Services.
The User must be either an Individual or Corporate Entity as defined herein below, and includes any person browsing and/or viewing the Site, as well as any person posting any advertisement and listing of any items for sale on the Site.
'Individual' - The Services are available only to individuals who are capable of entering into a legally binding agreement under Malaysian law.
'Corporate Entity' - The Services are available to companies and/or business entities. Any person using the Services on behalf of such corporate entities represents that he or she has the authority to bind the corporate entity to the terms and conditions set out in the Agreement.
The User is personally responsible for his/her use of the Site and/or Services.
The User uses the Site and/or the Services at his/her own risk.
The User shall use the Services in accordance with any law at the time being in force in Malaysia.
The User shall not list and/or advertise any item on the Site for sale and/or also shall not provide and/or cause to be provided information which:-
Additionally, the User agrees not to:
The Company reserves the right to remove any items that it deems in violation of the above, at its sole discretion.
The User shall comply with the Company's Ad Posting Rules and Procedures.
The User is solely responsible for the accuracy of the said Information.
In order to access the Site, the User is required to provide current, accurate identification, contact, and other information ('User Information') as part of the account registration process and/or continued usage of the Site offered by the Company and its subsidiaries or affiliated companies. "User Information" referred to hereinabove also includes but is not limited to any information provided by the User to the Company or to other Users.
Further, the User’s account and User ID may not be transferred or sold to another party.
The User is responsible for maintaining the confidentiality of the User’s account and password and for restricting access to the User’s computer, and the User agrees to accept responsibility for all activities that occur under the User’s account or password.
If the User is under the age of 18, the User may use the Site only with the involvement of a parent or guardian.
The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in the Company’s sole discretion.
Use of the iCar Asia Network and this website’s content (‘Site Content’) is for your personal and non-commercial use only. The Company grants you a limited license to access and make personal use of this Site Content and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company.
This license does not include:
This Site or any portion of the content Site or any portion of iCar Asia Network sites or site content may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company.
The User may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site without express written consent.
The User may not use any Meta tags or any other "hidden text" utilizing the Site’s name or trademarks without the express written consent of the Company.
Any unauthorized use terminates the permission or license granted by the Company.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray the Company, its products or Services, or the Site in a false, misleading, derogatory, or otherwise offensive matter.
The User may not use any of the Site’s logo or other proprietary graphic or trademark as part of the link without express written permission.
A cookie is a small data file that is written to your hard drive when you visit certain websites. Cookie files contain certain information, such as a random number user ID that the Site assigns to a visitor to track the pages visited. The only information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites.
Cookies allow you to use more sophisticated interactive programs. Cookies, by themselves, cannot be used to find out the identity of any user. Only information provided voluntarily is stored, but this information is not personally identifiable.
In general, the Site supports the current and prior major release of Chrome, Firefox, Internet Explorer and Safari (desktop version) on a rolling basis. Using the latest version of these browsers is highly recommended.
The Site currently doesn’t support any Internet Explorer versions lower than Internet Explorer 8. The mobile versions of Safari are also not supported.
If you use an unsupported browser or a browser other than the aforementioned, you might be unable to use this Site or a part or all pages on this Site might not be viewed as intended.
The Company reserves its right to immediately suspend or terminate its service to the User without warning and/or notice for violation of any of the terms and conditions in this Agreement.
The Company does not guarantee continuous, uninterrupted or secure access to the Services, and operation of the Site may be interfered with by numerous factors outside the Company's control.
The Site and the Services are provided "as is" and as and when available, without any warranty of any kind whether express or implied including but not limited to warranties of merchantability, fitness for purpose, title or non-infringement.
To the extent permissible by law the Company excludes all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.
The Site may contain links and/or references to other websites ('Third Party Websites'). The Company shall not be responsible for the contents, accuracy and/or opinions expressed in Third Party Websites (which are not investigated, monitored or checked for accuracy or completeness by the Company).
Inclusion of and/or reference to any links or internet addresses on the Site does not imply approval or endorsement of those sites by the Company.
In the event the User decides to leave the Site and access Third Party Sites, the User does so at his/her own risk.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by Malaysian and international copyright laws.
The compilation of all content on this site is the exclusive property of the Company and protected by Malaysian and international copyright laws.
The Site’s graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of the Company in Malaysia and/or other countries.
The Company's trademarks and trade dress may not be used in connection with any product or service that is not the Company’s in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Company and/or the Site.
All other trademarks not owned by the Company that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
When the User visits the Site or sends e-mails to the Company, the User is communicating with the Company electronically. The User consents to receive communications from the Company electronically.
The Company will communicate with the User by email, SMS or by posting notices on this site. The User agrees that all agreements, notices, disclosures and other communications that the Company provides to User electronically satisfy any legal requirement that such communications be in writing.
The Company runs advertisements and promotions. By using the Site, the User agrees that the Company has the right to run such advertisements and promotions on the Site. The manner, mode and extent of advertising by the Company are subject to change.
The User’s correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such advertiser.
The User agrees that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
To the full extent allowed by applicable law, in no event shall the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns, be liable under any circumstances for:
Subject to the limitation stated above, nothing in this Agreement shall be deemed to limit or exclude the Company's liability for fraudulent misrepresentation, or for death or personal injury resulting from the Company's negligence or the negligence of the Company's servants, agents or employees.
The Company is not involved in the actual transaction between buyers and sellers. The Company does not transfer legal ownership of items from the seller to the buyer, and nothing in this Agreement shall modify the local jurisdiction, under which legal ownership of an item is transferred when the parties (i.e., seller and buyer) intend to transfer such legal ownership.
The Company cannot guarantee continuous or secure access to the Services, and operation of the Site may be interfered with by numerous factors outside of the Company’s control.
For avoidance of doubt, the Company is not liable and shall not be liable for the acts or omissions of other providers of telecommunications services or for faults in or failure of their networks and equipment.
The User at all times agrees and undertakes to indemnify, hold harmless and defend the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns from any actions, claim, demand, proceedings, costs, liabilities and expenses (including reasonable legal fees and disbursements) sustained, incurred or paid by the Company directly or indirectly, due to or arising out of the User's breach of this Agreement (including the documents incorporated by reference), or arising out of the User's violation of any law or the rights of a third party.
In the event that one User has a dispute, claim and/or action against one or more other Users, the User hereby agrees to release the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns to the full extent allowed by the applicable law from all claims, demands, expenses, costs and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including legal fees) arising out of or in any way connected with such disputes.
This Agreement shall be governed by and construed in accordance with the laws of Malaysia, and shall be subject to the non-exclusive jurisdiction of Malaysian courts. As such, laws are applied to agreements entered into and performed entirely within Malaysia and between Malaysian residents. Both parties submit to jurisdiction in Malaysia and further agree that any cause of action arising under the Agreement shall be brought exclusively to a court in Malaysia.
We may revise these Terms from time to time; the most current version can always be found here. The company recommends you to review this policy periodically to be aware of such modifications. By continuing to access or use the Services after those revisions / modifications become effective, you agree to be bound by the revised Terms of Service.
Version 2 (July 2013)
We — iCar Asia Network respect the privacy of visitors to our all websites which can be found on our company website — www.iCarAsia.com and the iCar Asia vehicle search engine wherever distributed on the internet (the ‘iCar Asia Network’). Please read this Privacy Statement carefully so that you understand what information we collect through our website and what we do with that information.
By accessing or using the Site’s services, including the rest of iCar Asia Network, you agree to the use and disclosure of your personal information in the manner described in this policy.
The Site collects Personal Information that it considers necessary for it or its related bodies corporate to provide the range of services they offer. The information we collect generally falls into two categories:
You need to sign up to use certain products, services, and tools on our website that require you to provide information about yourself, such as your name, physical address, email address, and phone number. For example, you may provide such information if you sign up for a new account, newsletters, complete our "Feedback" form, or use a social media tool. We may use such information in order to provide you with the products, services, or tools you have requested.
When you list a car for sale, we ask for information about the car and on how you can be contacted by potential buyers (including information like your phone number and email address).
In addition to the above, we may collect information, and/or use the information we collect, in the following specific ways:
Searches and Listings
To make use of certain features on our website, visitors need to provide limited information about themselves and their interests so that we can tailor the information we provide to their needs. For example, to help you find the car you want close to home, we need to know what kind of car you are looking for and your location. We ask you to provide this information when you perform a search. We use this information to help you find the car you are looking for or as otherwise described in this Privacy Statement.
Sweepstakes and Other Promotions
From time to time, we may offer sweepstakes or other promotions on our website. If you enter a sweepstakes or promotional contest, we will ask you to provide information about yourself (such as your name, phone number, address, date of birth, and email address). Among other things, we will use this information to contact you if you win, and we may also use this information for marketing purposes. We may share this information with any co-sponsor of the contest or sweepstakes; we will identify the co-sponsor in the contest rules. We may also share this information with shipping or fulfilment companies or other third-party service providers that help administer our promotions, such as by conducting drawings, and/or delivering prizes to winners. If you do not want us to collect the information requested in the contest or sweepstakes registration form or to provide it to co-sponsors, please do not enter the contest or sweepstakes.
From time to time, we survey our users to measure their satisfaction with our website and other sites and to help us learn more about our audience and how they interact with our website. Third-party research firms often conduct these surveys on our behalf. We use the survey results to help us improve the services we offer to you. We will take the information you provide and aggregate it on an anonymous basis with data collected from other survey participants. We may use and disclose that pool of anonymous information as we see fit, without identifying you personally.
We may use your email address to respond to requests you make for our products or services or to respond to your communications with us. We may also contact you to inquire about your experience on our website, to provide you with information about our products and services available from us or from our affiliates, or to communicate to you information related to the automotive industry. From time to time, we may also send you emails that include special promotions and other commercial offers that we think may be of interest to you. We hope you will find these communications informative and useful. If you do not, you can unsubscribe from any of our commercial email programs by following the simple instructions included in an email you receive in connection with that program.
If you request for a car using our Latest Car Requests, we will use and share your email address and other contact information with participating dealers as described earlier.
Creating and logging in to your account helps you find the right car by allowing you to do things, like saving your favourite searches and cars, viewing car requests, and searching for potential buyers. It also lets you customize your profile picture, edit first name, last name, phone number, address, post code etc.
To access your account, we will ask you to register with us on the form provided, which may include personally identifiable information like your email address. You may also be asked to provide additional optional personal information, such as your name, gender, and age. You agree to provide true, accurate, current, and complete information about yourself. We use this information to process your registration request, provide you with the services and communications that you request, customize features that appear on our website, measure traffic on our website, and improve our website and the services and features offered to users. We may share information we collect while you are using the Site, including registration information, with our affiliates and with trusted third-party service providers who assist us in providing services.
Content You Post to our Website
If you choose to post content to any of the interactive areas of our website, such as discussion forums, comments fields, and social media areas, please keep in mind that the information you post can be seen, collected, and used by anyone who has access to those areas. You may also have the opportunity from time to time to respond to questions that we display to users of the website. If you choose to respond, your response may be published on an area of the website accessible to other users or the public. We are not responsible for any third-party use of such information.
A cookie is used to monitor the use of the Website and to gather information such as the sections of the website visited and other website usage information.
Most browsers are initially set up to accept cookies. However, you can set your browser to refuse all cookies or notify you when you receive a cookie and you will have the opportunity to either accept or reject it in each instance.
To help us (and in some cases our advertisers and third-party providers) keep track of how many users are accessing particular pages or listings within our website, and to track how users respond to ads we place on third-party websites, we may place a small file, called a web beacon, on some of our pages and on some of the listings and ads we distribute.
We may also place a web beacon in the emails we send to you. When you open one of our emails or click on links within these emails, we track this click-through data to help us determine your interest in particular topics and measure the effectiveness of our communications to you. If you prefer not to be tracked in this way, you should not open these emails or click text or graphic links in the emails.
Information about your computer or device
Our web server (and/or any web server operated by our service provider(s) on our behalf) automatically collects and may store limited information about your computer configuration when you visit our website, including:
We may also collect information about the website you were visiting before you came to our website and the website you visit after you leave our website.
Combined Technology Information
Cookies, beacons, information collected about your computer or device, and other data collection technologies ("Data Technologies") may be used individually or in combination in order to provide and/or administer our services, to help us understand user behaviour, to monitor website performance, optimize ads and measure advertising performance.
We may collect, or have a third party collect on our behalf, data on how visitors use and navigate through the Websites, such as the number of users who visit various pages within the Websites, what they click on, whether they scroll up or down on particular pages, fill out forms, etc. We use this information to improve the Websites and learn about users, and may disclose it to our affiliates (including, among others, the members of the iCar Asia Network corporate family), or to third parties.
The Site has relationships with certain third-party advertising networks, Advertisers, and advertising services ("Advertising Services") that collect data, target and serve some of the advertisements, promotions, or other marketing messages you see on our website and other websites and mobile applications, including websites owned and/or operated by our affiliates.
Such Advertising Services may, including through processes that we do not control, use Data Technologies from third party companies to collect data from your activities on these websites, on other websites owned and/or operated by our affiliates, or with other websites. These technologies may be used to track user behaviour, how our products and services are offered, conduct consumer research and possibly to serve you relevant ads and content. These companies may also obtain information, including personally identifiable information, from services you use from other companies, including without limitation, other websites, mobile websites or applications, and combine the information they obtain through these Data Technologies with information obtained through our products and services. Their collection and use of this data is subject to their own privacy policies.
If you choose not to provide personal information when requested, the Site may not be able to provide you with the full range of services. You are given the opportunity to 'opt-out' of having your Personal Information used for purposes not directly related to the Website at the point where we ask for it.
If you do not wish to have information on you used in any of the aforesaid manner, you can e-mail us through our Feedback form or to email@example.com.
If you do not want to receive e-mail or other mail from us, you can click on the unsubscribe link in our emails to remove your email address from our mailing list.
If you request that the Site does not use your Personal Information in any particular manner, we will adopt all reasonable measures to observe your request but we may still use or disclose that Personal Information if we believe that the use and disclosure is reasonably necessary under the governing laws.
The Personal Information may be used to:
We will not, however, share any such Personal Information with other entities except for such entities that have been authorised to carry out specific services for the Site.
The Site shall preserve the contents of any communications which you send if the Site is of the view that there is a legal requirement for doing so. Your communications may be monitored for purposes of trouble-shooting or maintenance purposes.
The Site may use your Personal Information for any purpose which the Site may deem fit in its sole discretion.
Individuals and/or organisations to which we may disclose personal information include:
Except as provided herein and as required by law, your Personal Information will not be made available to third parties without your consent.
When you are on the Site, you could be directed to other sites that are beyond our control including hyperlinks to advertisers, merchants, sponsors, and content partners.
You acknowledge that when you click on a hyperlink that leaves the Site, the site you are directed to is not within our control, and you acknowledge that the Site shall not be responsible for those sites or any damages or losses incurred by you resulting thereto.
Protecting the privacy of children
Our website is not directed at or intended for children under 18 and we will not knowingly allow anyone under 18 to provide us any personally identifying information; if you are under 18, please do not provide any information about yourself on this website.
This website is intended for use by visitors within Malaysia. Please be aware that:
The Site uses its best endeavours to store all Personal Information on servers with restricted access, and all electronic storage and transmission of Personal Information are secured with appropriate security technologies. Not to withstand the foregoing, the Site cannot guarantee that such precautions would render the Site and its servers immune to security breaches.