Welcome to The iCar Asia Network
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.
About the iCar Asia Network
The Company, the Site, the Agreement and the Services
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.
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 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.
Site Content for Personal and non-commercial use only
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.
Restrictions of content and use of software services
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.
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.
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 (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.
Advertisements and Promotions
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.
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:
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.
Variation of the User Agreement
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)