Welcome to The iCar Asia Network
iCar Asia Sdn Bhd (‘iCar Asia’) is pleased to provide Users (as defined below) with access to its network of websites and related services which are listed on www.iCarAsia.com and its parent company Carsome Sdn Bhd, and its subsidiaries and affiliates (“Carsome“), and the iCar Asia/ Carsome vehicle search engine wherever distributed on the internet (collectively the ”iCar Asia Network”) on these terms and conditions.
iCar Asia Network
iCar Asia, the Sites, the Agreement and the Services
The terms and conditions of use as set out herein below govern the use of iCar Asia’s services offered and available on this website and any other services offered and available in the iCar Asia Network and all related sub-sites (collectively “the Sites” and individually “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 Sites, 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.
iCar Asia shall have the right to modify, update or amend the terms of the Agreement at any time by announcing the same at the Sites. If the User continues to use the Sites and/or services provided by iCar Asia on the Sites ('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 Sites and/or the Services.
The User
The User may either be an Individual or Corporate Entity as defined herein below, and includes any person browsing and/or viewing the Sites, as well as any person posting any advertisement and listing of any vehicle/ goods/ services for sale on the Site, and the expression “Users” shall mean more than one User.
'Individual' - The Services are available only to individuals who are 18 years or above of age and 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 all laws 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:
iCar Asia reserves the right to remove any listing that it deems in violation of the above, at its sole discretion.
The User shall comply with the Terms and Conditions for Advertisers Subscribing to Carlist.my.
The User is solely responsible for the accuracy of the information provided on the Sites.
Account
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 iCar Asia 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 iCar Asia or to other Users.
Further, the User’s Information, User’s account and User ID may not be transferred or sold to another party save and except as provided in the https://www.carlist.my/personal-data-protection-notice.
The User is responsible for maintaining the confidentiality of the User’s account and password and for restricting access to the User’s devices, which includes but is not limited to computers, mobile devices and/or any other device a substantial purpose of which is facilitating telephonic communication, but which also incorporates functionality that allows viewing of the Sites and its contents. The User agrees to accept responsibility for all activities that occur under the User’s account or password.
iCar Asia reserves the right to refuse service, terminate accounts, remove or edit contents, and/or cancel orders in iCar Asia’s sole discretion.
Use of Site Content
iCar Asia grants the User a limited license to access and make use of the Sites’ content (“Site Content”) and not to download (other than page caching) or modify it, or any portion of it, except with prior express written consent of iCar Asia.
This license does not include:
Other than for the purposes for which the Services are intended, the Sites or any portion of the Site Content 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 iCar Asia.
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 Sites without iCar Asia’s express written consent.
The User may not use any Meta tags or any other "hidden text" utilizing the Sites’ name or trademarks without the express written consent of iCar Asia.
For the avoidance of doubt, any unauthorised scrapping of data from the Sites by a User is subject to a penalty of RM25,000.00 per listing.
Any unauthorized use immediately terminates the permission or license granted by iCar Asia.
Users are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Site so long as the link does not portray iCar Asia, its products or Services, or the Site in a false, misleading, derogatory, or otherwise offensive matter and is subject to restrictions listed in the User Responsibilities section of these Terms of Use.
The User may not use any of iCar Asia’s logo or other proprietary graphic or trademark forming part of the Sites without express written permission.
Restrictions of content and use of software services
Privacy Policy and Personal Data Protection
Your privacy is important to us, therefore we have implemented privacy security standards and protection of your personal data based on the Privacy Policy and Personal Data Protection Notice as stated on this Site. To be able to use the Services and continue to access this Site, you are required to read our Privacy Policy and Personal Data Protection Notice first.
If you do not agree to our Privacy Policy and Personal Data Protection Notice, then you should immediately stop using our Services.
Cookies
The Sites use cookies. Users understand that they must have cookies enabled on their computer in order for all functionality on the Sites to work properly. This is the default setting for most modern browsers. Users are to refer to their browser's Help for more information about enabling cookies.
A cookie is a small data file that is written to a User’s hard drive when the User visits certain websites. Cookie files contain certain information, such as a random number user ID that the Sites assign to a visitor to track the pages visited. The only information a cookie can contain is information that User’s supply themselves. A cookie cannot read data off a User’s hard disk or read cookie files created by other websites.
Cookies allow a User 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 Sites support 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 Sites currently do not support any Internet Explorer versions lower than Internet Explorer 8. The mobile versions of Safari are also not supported.
If a User uses an unsupported browser or a browser other than the aforementioned, the User might be unable to use the Sites or a part or all pages on the Sites might not be viewed as intended.
Termination and Suspension
iCar Asia reserves its right to immediately suspend or terminate its service to the User without warning and/or notice for violation or breach of any of the terms and conditions in this Agreement.
No Warranty
iCar Asia does not guarantee continuous, uninterrupted or secure access to the Services, and operation of the Sites may be interfered with by numerous factors outside iCar Asia's control.
The Sites 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 iCar Asia 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 Sites may contain links and/or references to other websites ('Third Party Websites'). iCar Asia 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 iCar Asia).
Inclusion of and/or reference to any links or internet addresses on the Sites do not imply approval or endorsement of those sites by iCar Asia.
In the event the User decides to leave the Sites and access Third Party Sites, the User does so at his/her own risk.
Copyright
All contents included on the Sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of iCar Asia and/or its content suppliers and protected by all applicable copyright laws.
The compilation of all contents on the Sites are the exclusive property of iCar Asia and protected by all applicable copyright laws.
Trademarks
The Sites’ graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of iCar Asia in Malaysia and/or other countries.
iCar Asia's trademarks and trade dress may not be used in connection with any product or service that is not iCar Asia’s in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits iCar Asia and/or the Sites.
All other trademarks not owned by iCar Asia that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by iCar Asia.
Electronic Communications
When the User visits the Sites or sends e-mails to iCar Asia, the User is communicating with iCar Asia electronically. The User consents to receive communications from iCar Asia electronically.
iCar Asia may communicate with the User by email, SMS or by posting notices on the Sites. The User agrees that all agreements, notices, disclosures and other communications that iCar Asia provides to User electronically satisfy any legal requirement that such communications be in writing.
Advertisements and Promotions
iCar Asia runs advertisements and promotions. By using the Sites, the User agrees that iCar Asia has the right to run such advertisements and promotions on the Sites. The manner, mode and extent of advertising by iCar Asia are subject to change.
The User’s correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, 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 iCar Asia 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 Sites.
Exclusion of Liabilities
To the full extent allowed by applicable law, in no event shall iCar Asia, its parent company, affiliates, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns, be liable under any circumstances for:-
iCar Asia is not involved in the actual transaction between buyers and sellers. iCar Asia does not transfer legal ownership of vehicles/ goods/ services 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.
iCar Asia cannot guarantee continuous or secure access to the Services, and operation of the Site may be interfered with by numerous factors outside of iCar Asia’s control.
For avoidance of doubt, iCar Asia 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 fully indemnify, hold harmless and defend iCar Asia, 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 iCar Asia directly or indirectly, due to, arising out of, resulting from or in relation to 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 iCar Asia, its parent company, affiliates, 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.
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.
General Provisions
Entire Agreement
The terms and conditions herein, the Terms and Conditions for Advertisers Subscribing to Carlist.my and our Personal Data Protection Notice (collectively, the “Terms”) are the entire and exclusive agreement between iCar Asia and the User regarding the Services (excluding any services for which the User have a separate agreement with iCar Asia that is explicitly in addition or in place of the Terms), and the Terms supersede and replace any prior agreements between iCar Asia and the User regarding the Services. Other than members of the group of companies of which iCar Asia Sdn Bhd. is a member, no other person or company will be third party beneficiaries to the Terms.
Variation of the User Agreement
We may revise the Terms from time to time; the most current version can always be found at https://www.carlist.my/terms-and-conditions-of-use. iCar Asia recommends Users to review the Terms periodically to be aware of such modifications. By continuing to access or use the Site and its Services after those revisions / modifications become effective, Users agree to be bound by the revised Terms of this Agreement.
Contact Information
If Users have any questions or comments regarding the Agreement, please contact iCar Asia. iCar Asia’s details are as follows.
Name: iCar Asia Limited
Address: Suite 18.01, Level 18, Centrepoint North, Mid Valley City, Lingkaran Syed Putra, 59200 Kuala Lumpur, Malaysia
Tel: 1300-30-4227
Fax: 603-2776-6010
Email: enquiries@carlist.my
Send your feedback.