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Terms and Conditions for Advertisers Subscribing to Carlist.my (w.e.f. November 1, 2023)

Terms and Conditions for Advertisers Subscribing to Carlist.my (“Terms”) govern your use of the website www.carlist.my, mobile applications and advertising services (collectively, the “Services”) provided by iCar Asia Sdn Bhd and/or its affiliates and subsidiaries (“Carlist”). By registering for an account and your continual usage of the Platform and/or our Services (as defined below), you agree to comply with and be bound by these Terms.

1. DEFINITIONS
 
“Credits” shall mean online credits for the purchase of transactions relating to single premier products offered through Carlist
“Customer” shall mean the user of the Platform for the contemplation of the purchase of the Vehicle
“Credits”shall mean online credits for the purchase of transactions relating to single premier products offered through Carlist
“Listing” shall mean the advertisement posted by you to sell the Vehicle which shall expire after 90 days from the date of posting and shall be removed from the Platform unless renewed.
“Account” shall mean your advertising account that is registered with iCar Asia Sdn Bhd
“Vehicle” shall mean the vehicle contemplated in the Listing in which you are the registered or beneficial owner and/or have the necessary consent from the owner to sell the Vehicle.
“Platform” Means www.carlist.my and mobile application “Carlist.my”
2. ACCOUNT CREATION & USAGE
2.1. In order to start advertising and utilise the Services, you would need to create an Account with us through accounts.icarsuite.com/register. The types of accounts are as listed below:
 
  1. Dealer Account – for companies registered in Malaysia involved in the trading of new/used vehicles;
  2. Sales Agent Account – for employee and/or agents under the employment of any companies involved in the trading of new/used vehicles; and
  3. Broker Account – for individual and/or agents that lists and sells the Vehicle on consignment basis on behalf of the registered owner.
2.2. By submitting your account opening application, you represent and warrant that:
 
  1. If you are an individual, you are at least 18 years of age;
  2. If you are representing a company, organisation or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms and perform its obligations as detailed in these Terms (and shall provide the required documents upon the request from Carsome);
  3. You are capable of entering into and performing legally binding contracts under applicable law; and
  4. All information and documents which you provide are accurate, up to date, truthful and complete.
2.3. Upon receiving the application, Carlist shall review the application together with all relevant supporting documents required by Carlist, including but not limited to company incorporation documents and authorization letter from the Entity (where applicable) from time to time. For the avoidance of doubt, Carlist reserves the right to reject any application that does not fulfill the requirements set by Carlist without providing any reason whatsoever. You agree that Carlist’s decision shall be final and binding.
2.4. In the event that your registration is successful, Carlist shall activate your Account within one (1) working day from the date of acceptance.
2.5. Carlist may, from time to time, request for other additional documents and you shall furnish the requested documents without delay as and when required by Carlist.
2.6. ASSOCIATED ACCOUNTS (limited to Sales Agent or Dealer Account only). An employee for your Entity may choose to become an “Associated Account” as part of its relationship with the Lead Account. A Lead Account shall mean the Dealer Account of the Entity that determines membership in the Associated Account. By becoming an Associated Account, you agree that the Lead Account will have visibility into your Account information, such as information needed to verify your account eligibility including your name or credentials, administrator name, email address, and account usage. Each Associated Account will be responsible for its own Listings, purchases and actions taken by its Account. The Lead Account may choose to disassociate the Associated Account at any time and shall inform Carlist of its intention without any undue delay. The Lead Account shall submit on a quarterly basis to provide updates on (a) the employment status of each Associated Account(s); and (b) any changes to the senior management and/or shareholding of your Entity. Failure to provide the quarterly status report may result in the termination of the Contract.
3. ACCOUNT HOLDER OBLIGATIONS
  In your use of Carlist’s Platform and its Services, please keep these obligations in mind:
3.1. SECURITY. You must protect your account credentials, including your password, and not permit any unauthorized users to access your Account using such credentials. You will contact Carlist immediately if you believe an unauthorized third party may be using your Account or if your Account information or your credentials are lost or stolen. You shall not lend, transfer or sell your Account or user ID to another party and must not use another user's Account without their express permission. Unless expressly permitted by Carlist and subject to these Terms and any other additional terms as Carlist determines, you shall not set up multiple Accounts.
3.2. TERMINATION. In the event you have left the employment of the Entity that your Account is registered with, you undertake to inform us with immediate effect and you shall immediately cease usage of the Account failing which we reserve the right to suspend, terminate and/or penalize you and your Account. Your Account will be temporarily suspended until you submit supporting evidence of your new place of employment which shall be subject to Carlist’s approval process. Notwithstanding the foregoing, you agree and consent for Carlist to conduct an audit of your Account at any time and you shall submit documents to support the validity of your Account within seven (7) days from the date of request failing which you shall be deemed to have breached these Terms.
3.3. NO ILLEGAL, HARMFUL, OR OFFENSIVE USE OR CONTENT. You may not use, or encourage, promote, facilitate or instruct others to use the Platform and/or its Services for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Carlist has the right but not the obligation to monitor and edit or remove any activity or content.
3.4. NO E-MAIL OR OTHER MESSAGE ABUSE. You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements to other users and/or Customer.
3.5. OUR MONITORING AND ENFORCEMENT. We reserve the right to investigate violations of this Terms or misuse of the Platform and its Services. We may report any activity that we suspect violates any law to your organization, or if circumstances warrant, to the appropriate law enforcement officials or other appropriate third parties. Our reporting may include disclosing information about your organization and about your Account. We also may cooperate with your company or organization, and/or appropriate law enforcement agencies, regulators, and other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Terms. If you violate this Terms or authorize or help others to do so, we may suspend or terminate your access to your Account and/or your use of the Services.
4. ACCOUNT FEATURES
4.1. Subscription
For you to enjoy the full range of services that Carlist offers, you may opt to purchase the following subscription plan (“Subscription”) on a periodical basis:
4.1.1.Gold Plan;
4.1.2.Silver Plan; and
4.1.3.Gold or Silver Subsidiary Plan (only for Associated Account)
4.2. The features and pricing of each Subscription plans are as advertised on the Platform and is subject to change from time to time.
4.3. Subscription will only be activated subject to the execution of relevant agreement and payment duly made and cleared by Carlist. Activations will occur within 1 working day of receipt of payment.
4.4. Subscription shall remain active for the stipulated period unless earlier terminated by you. For any early termination, you shall continue to be liable to pay in full the committed amount and there shall be no refunds of any unutilized amount and/or benefits whatsoever.
4.5. CREDITS Upon activation of your Account, you may purchase Credits to purchase premier products and create multiple Listing(s) under your Account.
4.6. Each Listing shall be made available and remain active on the Platform for ninety (90) days. Each Listing may be renewed for a further period of 90 days subject to payment of additional Credits.
4.7. Credits may also be used to purchase Marketing Depth products offered by Carlist from time to time, including but not limited to, bumps, edits and/or scheduled bumps (each, a “Bump”) and/or place a listing in Highlights Ads (“Highlight Ads”), provide a discount of the Vehicle and place a Listing under the Hot Deal segment which will include an automated countdown timer ("Hot Deal”), Combo Deal which will be updated automatically if you purchase both Hot Deal and Highlight (“Combo Deal”) or Showcase Tier whereby there will be three (3) limited slots for each Featured segment according to the specific make and model of the Vehicle (“Showcase Tier”) for increased visibility of your Listings in accordance with Carlist’s prevailing listing and priority rules and charges and forms a part of these Terms.
4.8. You acknowledge and agree that:
  • your Bumped Listings may rise and fall in priority in relation to other users’ listings in accordance with Carlist’s prevailing listing rules, formulae and algorithms. Each Bump is an instant effect and all fees and/or charges paid by you to us for any Bump are non-refundable;
  • Carlist does not represent or warrant that any Bump and/or any listing placed in Highlight and/or Showcase Tier will lead to a like, offer, chat and by extension, sale;
  • placing your listing in Showcase Tier puts your Listing above other listings placed in Featured segment for a duration of 7 days only and shall be subject to first come first serve basis; and
  • notwithstanding the above, there will be no refunds in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms unless otherwise agreed by Carlist.
4.9. Credits will be automatically deducted from your Account at the time of submission of the Listing for review. In the event the Listing is rejected by Carlist for non-compliance with our Advertisement and Content Guidelines, you will be informed of the reasons of rejection and shall be allowed to utilise the balance of premium service(s) for:-
  1. an amended advertisement Listing, subject to approval; or
  2. a fresh advertisement Listing subject to approval.
4.10. Credits purchased may be shared and transferable between the Lead and Associated Account. For the avoidance of doubt, the Credits and Subscription shall be subject to the active subscription and validity period of the Lead Account.
4.11. Any balance Credits and/or Marketing Depth products which are not utilized within the respective validity period shall be forfeited.
4.12. Carlist reserves the right to revise the Credit and Subscription rates by giving written notice from time to time
5. PAYMENT
5.1. Payments made by cheques shall be subject to clearance of funds and proof of postage will not be accepted as proof of receipt. Carlist shall not be held responsible for any loss or damage of the cheque during postage delivery and Carlist reserves the right to demand for any fee or costs incurred if the cheque is not accepted.
5.2.All payments for purchase of any Credits or Subscription can be made through cash, cheque and online banking and/or credit card in the name of iCar Asia Sdn Bhd. Carlist shall not be held responsible for any payments or arrangements made by you to any other accounts other than Carlist’s official account. You agree you will not hold Carlist liable for any responsibilities, claims, demands and/or lawsuits that may arise as a result of payment made by you outside of Carlist’s official bank account.
5.3. IBy providing the account information for a credit or debit card, you represent and warrant, that: (i) you are legally authorised to provide such information to us; (ii) you are legally authorised to perform payments from the account(s) you have provided to us; and (iii) such action does not violate the terms and conditions applicable to your use of such account(s) or applicable law. When you authorize a payment using any such account(s) via the Platform, you represent and warrant that there are sufficient funds or credit available to complete a payment using such account(s).
5.4. By selecting a particular payment method, you are agreeing to the terms of service of the relevant processing partner and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the selected payment method. Any personal data which you provide to us in respect of the purchase of Credits and/or Subscription will be held in accordance with Carlist’s Privacy Policy.
5.5. Should you fail to make payment, Carlist at its sole discretion may (a) suspend your Subscription and/or your whole Account including any other Associated Account(s); (b) remove all Listings and Contents posted; (c) suspend the usage of Credits; and (d) impose a late payment penalty of 18% calculated from the date amount is due until the date of full payment.
6. TRANSACTIONS WITH CUSTOMERS
6.1. In communicating with a potential Customer through the Services for the purchase or sale of Vehicle (“Transaction”), you agree to abide by Carlist Privacy Policy and undertake to process any personal data strictly within the purposes stated in the Privacy Policy.
6.2. Notwithstanding the foregoing, Carlist shall and will not be involved in the sales and purchase transactions between users and Customer(s). Carlist cannot ensure that a Customer would follow through and complete a Transaction.
7. ADVERTISEMENT AND CONTENT GUIDELINES
7.1. You agree that all Listings posted on the Platform or via the Services shall abide by the Advertisement and Content Guidelines available at https://www.Carlist.my/help which shall form part of these Terms
7.2. Carlist may request for further clarification, information and documents from you and Carlist may, in its sole discretion, reject your Listing and/or suspend your Account in the event that such clarification, information and/or documents furnished by you does not suffice.
7.3. Without prejudice to the rest of these Terms, you warrant, in respect of each Listing and Vehicle which you offer for sale on the Services (as the case may be), that:
  1. You are the owner of the Vehicle and/or obtained the relevant authorization to sell the Vehicle, and the Vehicle is not stolen.
  2. The Content and/or Listing does not infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights.
  3. The sale of the Vehicle complies with all applicable laws and regulations.
  4. The Vehicle is roadworthy and is not dangerous, hazardous or subject to a recall by a government or manufacturer.
  5. The Content in any Listing does not infringe or violate any applicable laws and regulations, the intellectual property rights or proprietary rights of a third party.
7.4. Any person who operates a business for the purpose of supply of goods or services via our Platform is required, under the Consumer Protection (Electronic Trade Transactions) Regulations 2012 of Malaysia, to disclose the following information:
  1. The name of the person who operates a business for the purpose of supply of goods or services through our Platforms, or the name of the business, or the name of the company.
  2. The registration number of the business or company, if applicable.
  3. The e-mail address and telephone number, or address of the person who operates a business for the purpose of supply of goods or services through Carlist.
  4. A description of the main characteristics of the goods or services.
  5. The full price of the goods or services including transportation costs, taxes and any other costs.
  6. The method of payment.
  7. The terms and conditions.
  8. The estimated time of delivery of the goods or services to the buyer.
7.5. Without limiting the foregoing, the following types of Listings are prohibited and can be removed by Carlist in its sole discretion without any further notice:
  1. any advertisement that has Content that is not related to the vehicle being advertised – especially photos or videos of other than the vehicle and/or any advertisement containing false or misleading information;
  2. any dealer profile information that violates the Content & Subscription rules, specifically any reference to more than one dealer per account is not allowed;
  3. those that promotes illegal business practices;
  4. those with Content that, in Carlist’s sole and absolute judgment, is inappropriate;
  5. those that violate any applicable law, regulation or third party rights, particularly the provisions of the Personal Data Protection Act 2010; and
  6. any advertisement that Carlist determines could result in legal liability or adverse publicity to Carlist such as offensive, inaccurate, defamatory, libellous or slanderous material or material which is potentially infringing on another party’s intellectual property rights.
7.6. Carlist provides a platform for the public to buy Vehicles. Every Listing should advertise a specific Vehicle that shall be available for purchase. Purely-promotional listings without an intention to sell are not allowed. Carlist reserves the right to remove any Listing(s) whereby:
  1. the main purpose of the listing is to promote or provide testimonials for your brand or your company and not to sell any specific product or service; and
  2. mentioning all products for sale without describing any of the products in specific details.
If you are interested to advertise your brand on our platform, please contact our team at enquiries@carlist.my
8. INTELLECTUAL PROPERTY
8.1. You retain the ownership rights of the contents of your Listing(s), including but not limited to photos, videos, comments, data, text, links and other information (“Content”), and by uploading the Contents on our Platform, you grant Carlist a worldwide, fully-paid, royalty-free, sub-licensable, and transferable licence to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute such Content (subject to Carlist’s Privacy Policy) for the purpose of operating, developing, providing, promoting, and improving the Services and to research and develop new products and services.
8.2. You understand and agree that you are solely responsible for the Content which you post or share on or through the Services and any loss or damage which you sustain as a result of such Content is solely your responsibility.
8.3. Carlist reserves the right to suspend or terminate your account and/or your access to the Services if there are repeat complaints against you or your Content for intellectual property infringement.
8.4. You are not authorised to use Carlist’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of Carlist.
9. SUSPENSION AND TERMINATION
9.1. You may deactivate your Account at any time by contacting us at enquiries@carlist.my.
9.2. Carlist reserves the right to, at its sole discretion, and without liability:
 
  1. Suspend or terminate your Account and/or your access to the Services at any time, for any breach of these Terms, our guidelines, any additional terms and conditions and policies.
  2. Suspend or terminate your Account and/or your access to the Services at any time, for any reason, and without advance notice.
  3. Change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice.
  4. Suspend or terminate your Account and/or your access to the Services at any time, in the event of any act, threats of, verbal and/or written abuse against any Platform user, Carlist’s employees, representatives and/or officer.
  5. 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 your Content. It is your responsibility to backup the Content which you upload to the Services.
9.3. Notwithstanding the foregoing, there shall be no refund of any payments made in the event of any early termination and/or deactivation of your Account. Upon termination, all licenses and rights granted to you in these Terms will immediately cease.
10. NO WARRANTY
10.1. You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, 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.
10.2. Carlist does not represent or warrant, save and except as agreed in writing, that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and Carlist’s servers are free of viruses or other harmful components.
10.3. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
10.4. The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). Carlist is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
10.5. No advice or information, whether oral or written, obtained by you from Carlist or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that Carlist has no obligation to support or maintain the Services and/or the Listing(s).
10.6. Carlist disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Content uploaded by users or the third party content and services. Carlist is not responsible or liable in any manner for the third party content and services associated with or utilised in connection with the Services, including the failure of such third party content and services.
10.7. In addition, the Services may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by our affiliate companies or third parties. These activities may be subjected to separate terms and conditions; your participation in such activities is solely at your digression and risk. Carlist does not accept any responsibility in connection with your participation in activities conducted by any other third party.
11. LIMITATION ON LIABILITY
11.1. YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
11.2. To the maximum extent permitted by law, Carlist shall not be liable for any (a) content or of the Listing; (b) disruptions or interruptions in the Internet which affect the your Listing; (c) errors or delays in providing its Services; (d) loss of your data; (e) any delay or failure in performance due to or caused by any events beyond the reasonable control of Carlist.
11.3. In no event shall Carlist or its subsidiaries, affiliates, partners, suppliers or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your access or use of or inability to access or use the Services or any third party content and services, or arising out of or in connection with your conduct or the conduct of other users in connection with the use of the Services including without limitation death, bodily injury, emotional distress and/or other damages resulting from communications or meetings with other users or persons you meet through the Services, whether or not the damages were foreseeable and whether or not Carlist was advised of the possibility of such damages. Without limiting the generality of the foregoing, Carlist’s aggregate liability to you (whether under contract, tort, statute or otherwise) shall not exceed the amount of fees received by Carlist in respect of the Services or the specific Listing giving rise to such claims. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
12. INDEMNITY
12.1. Carlist, its directors, employees or agents will not be liable for errors in the publication, or omission of any Listing, the Content thereof and/or any damage howsoever provided by you for the purpose of or in connection with any Listing.
12.2. in consideration of publication of your Listing, you shall indemnify and hold harmless Carlist, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity including but is not limited to legal actions or threatened legal actions arising from the publication of any advertisement together with any and all other losses resulting from the publication of any advertisement by Carlist, any claims or actions in respect of libel, slander, violation of any rights of privacy, copyright infringement, violation of trademark or any other intellectual property rights.
13. GOVERNING LAW AND DISPUTE RESOLUTION
13.1. These Terms shall be governed by and construed in all respects in accordance with the laws of Malaysia. Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the AIAC Arbitration Rules. Before referring the dispute to arbitration, the parties shall seek an amicable settlement of that dispute by mediation in accordance with the AIAC Mediation Rules as in force on the date of the commencement of mediation.
13.2. Any party may by notice in writing to the other party require that all disputes be heard by a court of law, provided that that party has not filed a Notice of Arbitration or Response as defined in the AIAC Arbitration Rules (as the case may be). If a party gives such notice, the dispute to which such notice refers shall be referred to the Courts of Malaysia. If such notice is given after service of any Notice of Arbitration, the parties must also promptly give notice to AIAC and to any arbitrators already appointed that: (a) such dispute(s) will be settled by the courts; and (b) the arbitration proceedings and the appointment of any arbitrator in relation to such Dispute(s) shall be immediately terminated.
13.3. Without prejudice the foregoing, if you are in dispute with a Customer, you are encouraged to contact the respective Customer to resolve the situation amicably. If the dispute is notified to Carlist, Carlist may attempt in good faith to facilitate resolution of the dispute but is under no obligation to resolve the same. You release Carlist from any claims, demands and damage arising out of your disputes with the Customer when using our Services.
14. GENERAL
14.1. You agree that you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by virtue of these Terms.
14.2. Carlist reserves the right to delegate, sub-contract or otherwise arrange for any related corporations including but not limited to its affiliate company Carsome Sdn Bhd, service providers, partners, subcontractors and/or agents to perform any part of the Services as Carlist deems appropriate. For the avoidance of doubt, these Terms shall be binding upon and enure for the benefit of your successors in title.
14.3. If any provision of this Agreement is held to be illegal, invalid or unenforceable in whole or in part, this Agreement shall continue to be valid as to its other provisions and the remainder of the unaffected provision.
14.4. Any notice of demand or request to be given shall be in writing and shall be sufficiently given or made to the other by serving such letter at or sending such letter:
  1. by hand or by registered post addressed to the others at the addresses stated herein or such other address as may from time to time be notified by the others for the purpose herein; or
  2. by facsimile transmission addressed to the intended recipient thereof at its facsimile number stated thereof or at its facsimile number as may be notified from time to time, by electronic mail addressed to the intended recipient thereof at its electronic address stated herein or such other address as may from time to time be notified by the others for the purpose herein, and shall be deemed to be received at the time of delivery (if delivery by hand, e-mail/facsimile) or twenty-four (24) hours by posting.
14.5. You agree that in the event where Carlist is unable to perform its obligations under the terms of this Agreement due to acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, or any action taken by the Government of Malaysia which imposes restrictions or prohibitions of any kind, Carlist shall not be liable for any damages to the other resulting from such failure to perform or otherwise from such causes.
14.6. Time, whenever mentioned herein, shall be of the essence.
14.7. No failure or delay on the part of Carlist to exercise any rights hereunder will operate as a release or waiver thereof.
14.8. You agree that Carlist may vary this Terms from time to time by providing a written notice to you of any such change. Such notice may include an official announcement in Carlist’s official website or to your registered email.
14.9. You agree that Carlist may assign, transfer, novate and can otherwise deal in any manner with all or any part of its rights, remedies, power, duties and obligations in relation to this Agreement to any person without your consent.
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