Cars for Sale

The terms and conditions set out herein below govern the use of iCar Asia Sdn Bhd's ('the Company') services offered and available on the website Carlist.my 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.

The Company may amend the terms and conditions from time to time for legal or regulatory reasons, or to ensure the proper and smooth operation of the Site. The User will be notified of any amendments via mail sent to the e-mail address provided by the User, or via announcement on the Site.

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 services herein are offered by the Company which has its registered office at A-30-13, Tower A, 30th Floor, Menara UOA Bangsar, No 5, Jalan Bangsar Utama, 59100, Kuala Lumpur, Malaysia.

THE USER

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.

RESPONSIBILITIES OF THE USER

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 on the Site and/or advertise for sale on the Site any item which:-
1. infringes the intellectual property rights of any third party including copyright, patent, trade mark, trade name, designs, trade secret, confidential information, know-how, goodwill, rights of privacy or publicity or other proprietary rights or rights of publicity or privacy of any third party;
2. otherwise causes legally-recognized harm including but not limited to a product that contains a defamatory statement; or
3. violates, or is illegal under any applicable law, statute, ordinance or regulation.

The User shall not provide and/or cause to be provided information which:-
1. is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
2. is pornographic or depicts a human being engaged in actual sexual conduct;
3. harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4. impersonates any person or entity, including, but not limited to, the Company’s employee, or falsely states or otherwise misrepresents the User’s affiliation with a person or entity;
5. includes personal or identifying information about another person without that person's explicit consent;
6. is false, deceptive, misleading, deceitful, mis-informative, or constitutes "bait and switch";
7. infringes any intellectual property rights including copyright, patent, trademark, trade name, designs, trade secret, confidential information, know-how, goodwill, rights of privacy, proprietary rights or publicity of any other third party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
8. constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
9. constitutes or contains any form of advertising or solicitation if:
   1. posted in areas of the Site which are not designated for such purposes; or
   2. emailed to Users who have requested not to be contacted about other services, products or commercial interests.
10. includes links to commercial services or websites, except as allowed in "services";
11. advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by Malaysian law;
12. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
13. disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the website, or that otherwise negatively affects other users' ability to use the Site; or
14. creates liability for the Company or causes the Company to lose, in whole or in part, the services of its Internet Service Providers or other suppliers; or
15. employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Site.

Additionally, the User agree not to:
1. contact anyone who has asked not to be contacted;
2. stalk or harass anyone;
3. collect personal information about other Users for commercial or unlawful purposes;
4. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site - unless expressly permitted by the Company;
5. post non-local or otherwise irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the Site’s infrastructure;
6. post the same item or service in more than one classified category or forum, or in more than one state or metropolitan area; or
7. attempt to gain unauthorized access to the Company’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Site.

"Information" referred to hereinabove includes but is not limited to any information provided by the User to the Company or to other Users in any public message area (including but not limited to community forums, photo area and feedback area) or through email.

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.

ACCOUNT

In order to access the Site, the User may be 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. 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 agree 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.

PRIVACY

The Company collects User Information during the account registration process.

All User activities are logged. When the User requests pages from the Company's servers, it automatically collects information about the User's preferences, including the User's Internet Protocol address.

The Company uses the User Information to help diagnose problems with its servers and to administer the Site.

When necessary, the Company may provide User Information as provided by the User to the relevant enforcement authorities to assist in any investigation and/or in compliance with any law or regulation.

The Company uses cookies so that the User does not have to enter his or her login information each time they visit the Site. Save as aforesaid, the User Information shall not be disclosed or released by the Company to any third party except with the consent of the User, which consent should not be unreasonably withheld. For a complete description of how the Company uses and protects User Information, see the Site’s Privacy Policy.

COOKIES

This Site uses cookies. You must have cookies enabled on the computer in order for all functionality on this Site to work properly. This is the default setting for all modern browsers like Chrome, Firefox and Internet Explorer. Please refer to your browser's Help for more information about enabling cookies.

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.

SUPPORTED BROWSERS

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 don’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.

TERMINATION AND SUSPENSION

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.

NO WARRANTY

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.

LINKS TO THIRD PARTY WEBSITES

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.

Third Party Websites 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.

COPYRIGHT

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.

All software used on this site is the property of the Company or its software suppliers and protected by Malaysian and international copyright laws.

TRADEMARKS

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.

LICENSE AND SITE ACCESS

The Company grants you a limited license to access and make personal use of this Site 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:
1. any resale or commercial use of this Site or its contents; or
2. any collection and use of any product listings, descriptions, or prices; or
3. any derivative use of this site or its contents; or
4. any downloading or copying of account information for the benefit of another merchant; or
5. any use of data mining, robots, or similar data gathering and extraction tools.

This Site or any portion of this Site 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.

CONTENT

When the User gives the Site and/or Company content, the User grants the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) the User have in the content, in any media known now or in the future.

The User represent and warrant that the User own or otherwise control all of the rights to the content that the User post; that the content is accurate; that use of the content the User supply does not violate this Agreement and will not cause injury to any person or entity; and that the User will indemnify the Company for all claims resulting from content the User supplies.

The Company has the right but not the obligation to monitor and edit or remove any activity or content.

The Company takes no responsibility and assumes no liability for any content posted by the User or any third party.

ELECTRONIC COMMUNICATIONS

When the User visit the Site or send e-mails to the Company, the User is communicating with the Company electronically. The User consent to receive communications from the Company electronically.

The Company will communicate with the User by email or by posting notices on this site. The User agree that all agreements, notices, disclosures and other communications that the Company provide to User electronically satisfy any legal requirement that such communications be in writing.

ADVERTISEMENTS AND PROMOTIONS

The Company runs advertisements and promotions. By using the Site, the User agree 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 agree 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.

EXCLUSION OF LIABILITIES

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:
1. any punitive, incidental or consequential damages and/or losses related to this agreement including economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
2. other Users' content, actions or inactions, or items the other Users list; or
3. the quality, safety or legality of items advertised, the truth or accuracy of Users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction; or
4. any loss of goodwill or reputation; or
5. any special, indirect or consequential damage arising out of or in connection with this agreement, including but not limited to actions for breach of contract, actions under the tort of negligence, defamation, copyright infringement, trade mark infringement, passing-off, infringement of registered industrial designs , patent infringement, breach of confidence; or
6. any liability at common law; or
7. in any other way.

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 do not transfer legal ownership of items from the seller to the buyer, and nothing in this Agreement shall modify the governing provisions of section 19 of the Sale of Goods Act 1957, 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.

INDEMNITY

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.

RELEASE

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.

VARIATION OF THE USER AGREEMENT

The Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Agreement, in whole or in part, at any time, and such modifications shall be effective immediately upon posting of the modified Agreement.

The User agrees to review the Agreement periodically to be aware of such modifications and the User’s continued access to or use of the Service shall be deemed the User’s conclusive acceptance of the modified Agreement.

GOVERNING LAWS

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.

GENERAL PROVISIONS

Any person who is not a party to this Agreement does not have any right to enforce any of the terms and conditions contained herein.

If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

The User agrees that this Agreement and all incorporated agreements may be automatically assigned by the Company, in its sole discretion, to a third party in the event of a merger or acquisition.

The User and the Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

Failure of the Company to act with respect to a breach by the User or others shall not constitute a waiver of its right to act with respect to subsequent or similar breaches. The Company does not guarantee that action will be taken against all breaches of the Agreement.

Headings and captions of this Agreement are included for ease of reference only and in no way define, limit, construe or describe the scope or extent of any provisions in this Agreement.

Words importing one gender shall include any other gender unless stated otherwise.

Words in the singular number shall include the plural and words in the plural number include the singular unless otherwise stated.

The following Sections survive any termination of the Agreement: Release, Content, Liability and Indemnity.

NOTICES

Notices to the Company may be sent by registered post to the following address:

A-30-13, Tower A,
30th Floor, Menara UOA Bangsar,
No 5, Jalan Bangsar Utama,
59100 Kuala Lumpur, Malaysia.

Notices to the User shall be sent to the email address provided to the Company. Notices are deemed to be sent within 24 hours of the time of sending of the email unless the Company receives notification that the email address is invalid, or where sent by normal post to the User's address, shall be deemed to be received after 14 days from the date of posting.